Bouloud v. Canada (Public Safety and Emergency Preparedness)

Bouloud v. Canada (Public Safety and Emergency Preparedness)
Court (s) Database
Federal Court of Appeal Decisions
Date
2016-02-08
Neutral citation
2016 FCA 41
File numbers
A-116-15
Decision Content
Date: 20160208
Docket: A-116-15
Citation: 2016 FCA 41
CORAM:
NOËL C.J.
SCOTT J.A.
DE MONTIGNY J.A.
BETWEEN:
JEAN-MARC POULIN DE COURVAL
acting as bankruptcy trustee for Ergün Bouloud
Appellant
and
MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondent
Heard at Montréal, Quebec on February 8, 2016.
Judgment delivered from the bench at Montréal, Quebec, on February 8, 2016.
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL C.J.
Date: 20160208
Docket: A-116-15
Citation: 2016 FCA 41
CORAM:
NOËL C.J.
SCOTT J.A.
DE MONTIGNY J.A.
BETWEEN:
JEAN-MARC POULIN DE COURVAL
acting as bankruptcy trustee for Ergün Bouloud
Appellant
and
MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on February 8, 2016.)
NOËL C.J.
[1] This is an appeal from a decision rendered by Justice Bédard, a member of the Federal Court (2015 FC 186) at the time, dismissing the motion for judicial review initially presented by Ergün Bouloud (the bankrupt) and subsequently pursued by Jean-Marc Poulin de Courval, acting as Mr. Bouloud's bankruptcy trustee (the trustee), of a decision rendered by the Minister of Public Safety and Emergency Preparedness (the Minister), disallowing the refund of the currency seized as forfeit under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17 (the Act).
[2] Given the principle propounded by this Court in Sellathurai v. Canada (Minister of Public Safety and Emergency Preparedness), 2008 FCA 255, [2008] F.C.J. No. 1267 at paragraph 50, as confirmed and applied in Canada (Minister of Public Safety and Emergency Preparedness) v. Huang, 2014 FCA 228, [2014] F.C.J. No. 1010 at paragraphs 22, 55 and 59, our intervention is not warranted.
[3] As stated in these cases, the Ministers' discretion under section 29 is limited. The only question which arises under this provision is whether the evidence submitted regarding the forfeited currency satisfactorily shows that it does not represent the proceeds of crime. The trustee, by replacing the bankrupt in this proceeding, could not claim greater rights and was therefore subject to the same restrictions.
[4] The bona fide owner of forfeited property is, however, not left unprotected, as the remedy provided for under section 32 ultimately allows the Superior Court to order restitution of the forfeited property, provided that the claimant's bona fide interest as owner is shown.
[5] The appeal will be dismissed with costs.
“Marc Noël”
Chief Justice
Translation
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET:
A-116-15
STYLE OF CAUSE:
JEAN-MARC POULIN DE COURVAL ACTING AS BANKRUPTCY TRUSTEE FOR ERGÜN BOULOUD v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
PLACE OF HEARING:
Montréal, QuEbec
DATE OF HEARING:
February 8, 2016
REASONS FOR JUDGMENT OF THE COURT BY:
NOËL C.J.
SCOTT J.A.
DE MONTIGNY J.A.
DELIVERED FROM THE BENCH BY:
NOËL C.J.
APPEARANCES:
Jean-Philippe Gervais
For the appellant
Maguy Hachem
For the respondent
SOLICITORS OF RECORD:
Jean-Philippe Gervais
Montreal, Quebec
For the appellant
William F. Pentney
Deputy Attorney General of Canada
For the respondent