Chen v. Canada (Public Safety and Emergency Preparedness), 2019 FCA 170

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2019 FCA 170
Date07 June 2019
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7 practice notes
  • Environmental Law
    • Canada
    • Irwin Books The Federal Court of Appeal and the Federal Court. 50 Years of History
    • 4 Octubre 2021
    ...Publishing, 2015) at 395. 113 Dyzenhaus, above note 111 at 303 and 306. See Chen v Canada (Public Safety and Emergency Preparedness) , 2019 FCA 170 at paras 51–56 (noting the ambiguities and complexity in the Supreme Court’s guidance). [ 462 ] Environmental Law respect must be earned. 114 A......
  • Hociung c. Canada (Sécurité publique et Protection civile),
    • Canada
    • Court of Appeal (Canada)
    • 7 Agosto 2019
    ...Canada (Public Safety and Emergency Preparedness), 2010 FC 1208, 381 F.T.R. 16; Chen v. Canada (Public Safety and Emergency Preparedness), 2019 FCA 170; Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87.APPEAL from a Federal Court decision (2018 FC 298, [2018] 4 F.C.R. 82) granting the res......
  • Célestin v. Canada (Public Safety and Emergency Preparedness), 2021 FC 223
    • Canada
    • Federal Court (Canada)
    • 16 Marzo 2021
    ...[emphasis added]. [20] Recently, the Federal Court of Appeal confirmed in Chen v Canada (Public Safety and Emergency Preparedness), 2019 FCA 170 at para 9, and Justice Martineau noted in Leslie v Canada (Public Safety and Emergency Preparedness), 2017 FC 119 [Leslie] as follows: [16] Althou......
  • Verdie v. Canada (Attorney General), 2023 FC 1015
    • Canada
    • Federal Court (Canada)
    • 25 Julio 2023
    ...Delegate are distinct and must be treated as separate decisions (Chen v Canada (Public Safety and Emergency Preparedness), 2019 FCA 170 at para 9). This distinction is made clear by the Minister’s Delegate in describing the two methods of recourse open to Mr. Verdie should he wish to......
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4 cases
  • Hociung c. Canada (Sécurité publique et Protection civile),
    • Canada
    • Court of Appeal (Canada)
    • 7 Agosto 2019
    ...Canada (Public Safety and Emergency Preparedness), 2010 FC 1208, 381 F.T.R. 16; Chen v. Canada (Public Safety and Emergency Preparedness), 2019 FCA 170; Hryniak v. Mauldin, 2014 SCC 7, [2014] 1 S.C.R. 87.APPEAL from a Federal Court decision (2018 FC 298, [2018] 4 F.C.R. 82) granting the res......
  • Verdie v. Canada (Attorney General), 2023 FC 1015
    • Canada
    • Federal Court (Canada)
    • 25 Julio 2023
    ...Delegate are distinct and must be treated as separate decisions (Chen v Canada (Public Safety and Emergency Preparedness), 2019 FCA 170 at para 9). This distinction is made clear by the Minister’s Delegate in describing the two methods of recourse open to Mr. Verdie should he wish to......
  • Hociung v. Canada (Public Safety and Emergency Preparedness), 2019 FCA 214
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • 7 Agosto 2019
    ...(Public Safety and Emergency Preparedness), 2010 FC 1208) and very recently Chen v. Canada (Public Safety and Emergency Preparedness), 2019 FCA 170 at para. 9). [13]  Relying on the jurisprudence referred to in the Federal Court’s reasons (the Reasons) at paragraphs 27 to 29, th......
  • Bemister v. Canada (Attorney General), 2019 FCA 190
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • 24 Junio 2019
    ...decision itself, as opposed to potential errors made by the Federal Court (Chen v. Canada (Public Safety and Emergency Preparedness), 2019 FCA 170 at para. 23). [34] However, there are exceptions to the application of the Agraira standard of review, as discussed in Apotex Inc. v. Canada (He......
1 firm's commentaries
  • Federal Court Of Canada Confirms 6 Year Limitation Period For Customs Seizures
    • Canada
    • Mondaq Canada
    • 16 Agosto 2019
    ...June 7, 2019, Canada's Federal Court of Appeal (FCA) confirmed in Chen v. Minister of Public Safety and Emergency Preparedness, 2019 FCA 170, that the Canada Border Services Agency ("CBSA") cannot seize goods that were imported more than 6 years ago (even if the duties were not paid). There......
1 books & journal articles
  • Environmental Law
    • Canada
    • Irwin Books The Federal Court of Appeal and the Federal Court. 50 Years of History
    • 4 Octubre 2021
    ...Publishing, 2015) at 395. 113 Dyzenhaus, above note 111 at 303 and 306. See Chen v Canada (Public Safety and Emergency Preparedness) , 2019 FCA 170 at paras 51–56 (noting the ambiguities and complexity in the Supreme Court’s guidance). [ 462 ] Environmental Law respect must be earned. 114 A......

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