Background: Habeeb Ali sought judicial review of a decision by the Minister of Public Safety and Emergency Preparedness to return only $64,000 USD of $100,450 USD seized from him at the Canadian border. The remaining $36,450 USD was retained as suspected proceeds of crime.

Incident Details: On December 5, 2021, Ali entered Canada from the U.S. without declaring over $10,000 CAD, a threshold for reporting under the Cross-Border Currency and Monetary Instruments Reporting Regulations. His suspicious behavior and inconsistent explanations during the secondary examination at the Windsor Tunnel border crossing led to the seizure of $100,450 USD he had concealed in his vehicle.

Minister's Delegate Decision: The delegate determined that only part of the seized funds should be returned to Ali, finding his explanations for the source of the money, particularly withdrawals from a business account, unconvincing. The decision suggested that these withdrawals were likely for daily business operations rather than a business loan, as claimed by Ali.

Judicial Review Issues: The review examined the procedural fairness and reasonableness of the delegate's decision. Ali's main grievances were the delays in the recourse procedure causing him financial loss due to currency fluctuation and the perceived arbitrary nature of the decision.

Court's Analysis: The Court found the delegate's assessment reasonable, noting that bank withdrawals alone do not necessarily prove the source of currency. The delegate's decision was considered logical and coherent.

Conclusion: The application for judicial review was dismissed, with the Court finding the delegate's decision both fair and reasonable, and no costs were awarded.