CUSTOMS AND EXCISE
Judicial review of decisions by managers of Customs Processing Centre denying ministerial review of cancellation of applicant’s authorization under Free and Secure Trade Program (FAST), Commercial Driver Registration Program (CDRP) as a result of violation by applicant of Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, s. 12—Decision to cancel authorization, made pursuant to Presentation of Persons (2003) Regulations, SOR/2003-323, s. 22(1) discretionary—Applicant’s authorizations automatically cancelled, no discretion exercised to determine whether that was appropriate penalty—As cancellations unlawful, no decisions for review committee to consider, review committee thus acting without jurisdiction when review decisions made—Review decisions, cancellations quashed, Minister ordered to exercise discretion under Regulations, s. 22(1).
Grewal v. Canada (Solicitor General) (T-854-07, 2007 FC 1263, Simpson J., judgment dated 30/11/07, 17 pp.)