Applicant
Respondent
- Parties: The applicant was Anna Fedorenko. The respondent was the Attorney General of Canada.
- Subject Matter: The applicant filed a judicial review application challenging the Canadian Agricultural Review Tribunal’s decision upholding a notice of violation issued under s. 7 of the Agriculture and Agri-Food Administrative Monetary Penalties Act, 1995 and the associated $1,300 administrative penalty under Division 1 of Part 1 of Schedule 1 of the Agriculture and Agri-Food Administrative Monetary Penalties Regulations, S.O.R./2000-187. The notice of violation and penalty were based on the applicant’s failure to declare the importation of meat products under s. 16(1) of the Health of Animals Act, 1990, which required those importing into Canada any animal, animal product, or animal by-product to present the product to an inspector, officer, or customs officer for inspection before or during importation.
- Ruling: The appeal court ruled in the respondent’s favour and dismissed the application. The appeal court held that the applicant failed to establish that the Tribunal’s decision was unreasonable. The appeal court agreed with the Tribunal’s observation that a “yes” on any declaration created a rebuttable presumption that all products were fully declared but did not excuse a failure to provide complete answers to border services officers.
- Date: The hearing was set on Sept. 17, 2024. The court released its decision on Sept. 17, 2024.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: The appeal court fixed costs in the all-inclusive amount of $1,000.
Court
Federal Court of AppealCase Number
A-75-23Practice Area
Agricultural lawAmount
$ 1,000Winner
RespondentTrial Start Date
13 March 2023Download documents