Fedorenko v. Canada (Attorney General)
Anna Fedorenko
Law Firm / Organization
Unrepresented
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

James Stuckey

- 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.

Federal Court of Appeal
A-75-23
Agricultural law
$ 1,000
Respondent
13 March 2023