ANIMALS |
Canada (Food Inspection Agency) v. Westphal-Larsen
A-567-02
2003 FCA 383, Pelletier J.A.
20/10/03
11 pp.
Judicial review of Review Tribunal's decision respondent met requirements of Health of Animals Act, s. 16(1) --Upon arrival at Vancouver International Airport on flight from Amsterdam, respondent declared not bringing into Canada any of series of designated products, one of which meat--Before bags reached X-ray machine, respondent declared to Canadian Food Inspection Agency official had salami in bags--Official served respondent with notice of violation with penalty, alleging imported into Canada animal by-product without complying with requirements of Health of Animals Regulations, s. 40-- Minister confirmed violation--Respondent referred matter to Review Tribunal--Applicant arguing Review Tribunal mistaken in interpretation of legislation--Nature of question before Tribunal pure question of statutory interpretation not drawing upon particular expertise in agriculture, agri-food industry--Standard of review of Review Tribunal in relation to question raised by application that of correctness-- According to Review Tribunal, once object presented for inspection, legislative purpose satisfied--Whether object qualifies for importation or not matter for applicant-- Parliament used words "import", "importation" consistently throughout Act, Regulations--If object presented for inspection upon importation, Regulations make it offence to import object, reasonable inference that at time of being presented, had been imported, thus exposing importer to liability--Remedies available in case of goods ineligible to be imported into Canada, forfeiture (s.17), order for removal from Canada (s. 18), both depend upon finding thing imported into Canada--Word "import" not meaning something different when used in Regulations, s. 40 than in Act, s. 16--Decision of Tribunal quashed-- Health of Animals Act, S.C. 1990, c. 21, ss. 16, 17, 18--Health of Animals Regulations, SOR/2000-187, s. 40.