Rarotonga, 2010

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Civil and Administrative
Litigation Opinions
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Criminal - Proceeds of Crime (Money Laundering) and Terrorist Financing Act [PCMLTFA]

. Château d'Ivoire Stores Inc. v. Canada (Attorney General)

In Château d'Ivoire Stores Inc. v. Canada (Attorney General) (Fed CA, 2023) the Federal Court of Appeal considered an appeal, from an earlier Federal Court appeal, of a decision of FINTRAC ['Financial Transactions and Reports Analysis Centre'], which in turn confirmed "a notice of violation that imposed administrative monetary penalties on Château d’Ivoire pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17" [PCMLTFA].

Within the Federal Court proceedings the appellant made disclosure motions, on the basis that their earlier statutory disclosure requests [Rule 317] were inadequately responded to on the basis that (essentially): 'there must be more' [my quotes]. Not being able to (circularly) evidence the needed 'more', they ultimately lost their appeal of the disclosure motion - although could still proceed on the primary Federal Court appeal.

The case is not particularly interesting for any legal points, it's just that there are so few of these Proceeds of Crime (Money Laundering) and Terrorist Financing Act [PCMLTFA/FINTRAC] cases that I wanted to get a flavour for the appeal litigation.

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Last modified: 17-05-23
By: admin