Proceeds of Crime/Money Laundering

Yes, there is a legal mechanism to appeal a currency seizure by the Canada Border Services Agency (“CBSA”).  You have a legal obligation to report any import and/or export of currency and/or monetary instruments of more than $Canadian 10,000 (including the equivalent in other currencies). We say “more than $Canadian 10,000”, we mean the combined

On May 28, 2019, the Federal Court of Canada released its decision in Sharanek v. Minister of Public Safety and Emergency Preparedness, 2019 FC 751. Justice Pentney denied Mr. Sharanek’s judicial review because “he did not make submissions on the merits when offered the opportunity to do so”.

The Canada Border Services Agency

The Canada Border Services Agency (“CBSA”) is granted the power to examine goods imported by travelers and returning residents.  Section 99 of the Customs Act gives CBSA officers the power to examine your suitcase, your purse, your backpack, your briefcase and your electronic devices. The word “goods” is defined in subsection 2(1) of the Customs

Recently, there have been multiple incidents of Canada Border Services Agency (“CBSA”) officers stopping artists for secondary screening.  We are aware of a number of incidents. The incidents occurred at multiple border crossings.  In all cases, the CBSA equated being an artist with being a drug mule.

In one incident, Tim Hogan, a Canadian indigenous

Originally published by the Journal of Commerce in December 2017

While Special Counsel Robert Mueller continues his investigation, the recent guilty plea entered by Trump former National Security Advisor Lt. Gen. Michael Flynn (Ret.) serves as a reminder that when you are interviewed by a law enforcement agent, you better be sure what you say

Travelers to Canada and from Canada (Canadians, Canadian residents and visitors) are required to voluntarily self-report to the Canada Border Services Agency (“CBSA”) if they have in their possession currency or monetary instruments that exceeds $Canadian 10,000. When travelers travel to Canada by air, they are given an E311 Declaration Card during the flight to

On December 28, 2017, Canada’s Federal Court of Appeal (“FCA”) issued a significant decision relating to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.  In Williams v. The Minister of Public Safety and Emergency Preparedness, 2017 FCA 252, Justice Stratas (a very good justice who writes well explained decisions) held that

On November 3, 2017, Canada announced sanctions and published three lists of names under the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (a.k.a Canada’s Magnitsky Act) imposing sanctions against 52 individuals from Russian, Venezuela and South Sudan.  The Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) received

If you are a Canadian citizen or Canadian resident and have been lucky in Las Vegas, Atlantic City, Paradise Island, Macau or other gambling destinations, be prepared to be asked questions by the Canada Border Services Agency (“CBSA”) when you return to Canada with your winnings. The CBSA sees a large amount of money and

The August Civic Holiday long week-end will be here soon.  Canadians travel outside Canada to visit friends and family and to shop.  The Canada Border Services Agency (“CBSA”) is on the lookout for contraventions of the Customs Act and other border laws.

Here is our survival guide to make sure the CBSA is happy with