Deputy M.N.R., Customs and Excise v. Younger
T-1758-94
Rothstein J.
4/1/96
3 pp.
Appeal on question of law from Canadian International Trade Tribunal decision device respondent importing not within description of prohibited weapon in Prohibited Weapons Order, No. 7 s. 2(b)-Device (flail) consisting of two balls studded with spikes, each connected to wooden handle by chain-S. 2(b) declaring "Morning Star" prohibited weapon and "any similar device consisting of a ball of metal or other heavy material, studded with spikes and connected to a handle by a length of chain"-Context requiring resort to Interpretation Act, s. 33(2) (providing words in singular include plural and words in plural include singular)-"Ball" in s. 2(b) including "balls"-CITT erred in law by failing to have regard to s. 33(2)-Respondent's device contemplated by s. 2(b)-Given historic value of flail, Minister to provide respondent with reasonable opportunity to attempt to retain or dispose of flail without it being destroyed-Prohibited Weapons Order, No. 7, C.R.C., c. 439, s. 2(b)-Interpretation Act, R.S.C., 1985, c. I-21, s. 33(2)-Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, s. 68(1).