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MILLAR KREKLEWETZ LLP is a boutique Canadian law firm with lawyers who have
significant expertise in customs and trade matters involving
seizures and ascertained forfeitures under Canada's Customs Act.
The
following is a short introduction to seizures and ascertained
forfeitures under Canada's Customs Act.
Ascertained Forfeitures &
Seizures
The Customs Act provides for various
civil penalties and criminal prosecution for contraventions.
Civil Penalties
The civil penalties take the form of seizures and ascertained
forfeitures and can be triggered by simple non-compliance with
customs legislation, with no requirement for willful default or
neglect on the part of the importer. Canada
also recently implemented a system of civil Administrative
Monetary Penalties, which is discussed elsewhere on this website.
Seizures
The Canada Border Services Agency (the “CBSA”)
has the authority to seize goods where an officer believes that
the Customs Act or the
regulations “have been contravened.”
Ascertained
Forfeitures
Ascertained forfeiture is used as an
alternative to seizure where the goods cannot be found or if
seizure would be impractical, and allows the CBSA to demand
payment of up to the value of the goods plus applicable duties.
The CBSA does so by issuing a Notice of Ascertained
Forfeiture.
Criminal Prosecution
The Customs
Act also imposes large criminal fines and possible
imprisonment for certain offences.
For more information on Criminal Prosecution for customs
laws violations, return to the Practice Area Index.
Importers facing criminal charges under the Customs Act are
entitled to be presumed innocent until proven guilty, and also
entitled to other Charter rights. However, they are also
generally required to provide defences to the issues on which they
have been charged.
Assistance with
Ascertained Forfeitures or Seizures
Millar Kreklewetz LLP is well-placed to provide
guidance and counsel on customs law matters, and persons facing
ascertained forfeiture or seizure situations, or wishing more
information on criminal prosecutions or civil penalties under the
Custom Act are encouraged to contact
us for a 30 minute free consultation on the issues inherent in
their files.
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Feel
free to contact a lawyer at
MILLAR
KREKLEWETZ LLP who can
consult and advise you on
seizures and ascertained
forfeitures under Canada's Customs Act.
Feel free to contact us for a no cost initial
consultation.
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Kreklewetz LLP
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