Docherty v. Canada (Minister of Public Safety and Emergency Preparedness) 2012 FC 723
Customs - Exports - General - Currency (incl. requirement of reporting amounts over $10,000)
Docherty was subjected to a currency seizure when he failed to report CDN $335 and US $9,880 to Canadian Customs officials prior to his departure to Costa Rica. The Canadian conversion rate was contested. The Notice of Circumstances of Seizure showed that the US funds were worth $9,901.74 CDN, putting Docherty over the $10,000 threshold. The funds were ultimately seized as suspected proceeds of crime. Docherty filed a request for a ministerial review. The Minister’s delegate determined that there had been a contravention of the reporting provisions of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and that the seized funds were forfeited. Docherty applied for judicial review.
The Federal Court dismissed the application. “This is a case of a traveller sailing too close to the legal winds.”