Digests

Federal Court Jurisdiction

Judicial review of Canada Border Services Agency’s (CBSA) refusal to rescind instruction letter, valuation report stating applicant had “reason to believe” he was incorrectly valuing its imported goods since 2005—Whether applicant precluded from applying for judicial review by Federal Courts Act, R.S.C., 1985, c. F-7, s. 18.5—According to Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, ss. 32.2(3), 59(1)(a), corrections of valuation considered, within Act, as redeterminations, which in turn must follow specific route of review, appeal set out in Act, ss. 60–72.1—Parliament wanting specified administrative, quasi-judicial, judicial review system provided in Act to be followed to exclusion of any other paths of review or appeal—Therefore, applicant must request redetermination by CBSA’s president, followed by appeal to Canadian International Trade Tribunal if unsatisfied, then judicial review by Federal Court of Appeal—Similar reasoning found in case law, including Fritz Marketing Inc. v. Canada, 2009 FCA 62, [2009] 4 F.C.R. 314, where same statutory provisions reviewed—Parliament’s clear intention ousts judicial review by Federal Court under Federal Courts Act, s. 18.1, since s. 18.5 of same Act engaged—Application dismissed.

Jockey Canada Company Limited v. Canada (Public Safety and Emergency Preparedness) (T-524-09, 2010 FC 396, Mandamin J., judgment dated April 13, 2010, 16 pp.)