Lacourse v. Canada
T-2602-91
Pinard J.
1/6/93
9 pp.
Action to claim motor vehicle seized and confiscated by member of RCMP pursuant to Excise Act, s. 88(2) -- All procedural requirements of Act complied with, including posting -- Plaintiff's claim could only be based on Act, s. 116 and necessarily part of action in rem against thing -- Applicant first argued seizure of vehicle in violation of Canadian Charter of Rights and Freedoms, s. 8 -- In support of this argument he cited his acquittal in Court of Quebec on May 15, 1992 on charge laid against him under Act, s. 240 -- As present case clearly separate matter, action in rem as opposed to criminal charge, must be decided strictly on basis of evidence before Court -- Evidence inconsistent as to whether plaintiff opened trunk of car voluntarily -- Did not discharge burden of establishing infringement of rights and freedoms guaranteed by Charter, s. 8 -- As to argument tobacco not seized by "officer" within meaning of Act, ss. 2 and 88(2) evidence established presence in trunk of plaintiff's car of tobacco neither packaged nor stamped in accordance with Act -- Accordingly, vehicle could be seized as forfeited under Act, s. 88(2) -- Provision necessarily implies officer, RCMP officer herein, has authority to seize vehicle which no longer contains goods described -- Action dismissed -- Excise Act, R.S.C. 1985, c. E-14, ss. 2, 88, 116, 117, 164, 240 -- Canadian Charter of Rights and Freedoms, being Part I of Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C. 1985, Appendix II, No. 44], s. 8.