Smith v. Canada
T-1872-92
Rothstein J.
24/11/92
7 pp.
Application to extend time to apply for judicial review under s. 18.1 re: debt certificate issued under Customs Act, s. 145, and registered in Federal Court or demands for payment of ascertained forfeiture under s. 124 -- Application for judicial review under s. 18.1 three months out of time re: debt certificate and eighteen months late re: ascertained forfeiture -- Applicant alleging Legal Aid lawyer not following instructions to file appeal when applicant incarcerated; between acquittal on charges under Customs Act and receipt of certificate of debt, believed criminal proceeding disposing of all matters against him -- Application dismissed -- Debt certificate not contemplated by s. 18.1 -- Challenge of debt certificate not constituting challenge to indebtedness -- Judicial review of debt certificate narrowly circumscribed inquiry into compliance with s. 145 -- Applicant not establishing fairly arguable case re: debt certificate in arguing notices of ascertained forfeiture inappropriate and illegal -- That issue pertaining to decision under s. 124, not debt certificate under s. 145 -- As to notices of ascertained forfeiture, no fairly arguable case judicial review lies to Court directly from notice under s. 124 -- S. 127 providing debt due as result of demand under s. 124 final and not subject to review except in accordance with s. 129 -- S. 129 providing for request of decision of Minister under s. 131 within 30 days of service of notice -- S. 135 providing for appeal to Federal Court, Trial Division of Minister's decision -- As these provisions set out statutory scheme for appeal from ascertained forfeiture, judicial review precluded by Federal Court Act, s. 18.5 -- Also, Customs Act, s. 127 form of privative clause intended to limit challenges of ascertained forfeitures to procedure set out in Act -- If procedure set out in Act for appealing government official's decision to Minister and then to Federal Court followed, anything arbitrary or inappropriate can be caught -- No provision for extension of time to seek Minister's decision -- Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, ss. 124, 127, 129, 135 (as am. by S.C. 1990, c. 9, s. 49), 145 -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.1 (as enacted by S.C. 1990, c. 8, s. 5), 18.5 (as enacted idem).