Criminal
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December 11, 2024
FINTRAC imposes $2M penalty on Exchange Bank of Canada
The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) has imposed an administrative penalty of more than $2 million on Exchange Bank of Canada for non-compliance with Part 1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and its associated Regulations.
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December 11, 2024
A funny thing about the PCMLTFA regulations
On Nov. 30 the Federal Department of Finance pre-published new regulations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) in the Canada Gazette, Part I, Volume 158, Number 48 (Canada Gazette, Part 1, Volume 158, Number 48:Regulations Amending the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations and the Proceeds of Crime (Money Laundering) and Terrorist Financing Administrative Monetary Penalties Regulations). These regulations contain four distinct elements:
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December 11, 2024
Subjective prejudice analyzed in Manitoba Court of Appeal theft decision
In a first-year criminal law class, it is taught that ignorance of the law is no excuse. However, does ignorance of the collateral consequences of a guilty plea provide a situation where there can be a miscarriage of justice? Should an accused person’s sentence be upheld if that person has not been fully appraised of the collateral consequences of a sentence to which a guilty plea is entered? That was the question before the Manitoba Court of Appeal in the case of R. v. Simpson, 2024 MBCA 82.
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December 10, 2024
CBSA annual report notes increase in smuggling attempts and inadmissible entries
The Canada Border Services Agency (CBSA) has released its year in review report for 2024, highlighting that between Jan. 1 and Oct. 31, it “seized more dangerous drugs and firearms, and intercepted more stolen vehicles than in 2023.”
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December 10, 2024
Canada sanctions Russian and Chinese officials, citing human rights violations
The federal government has announced additional sanctions against nine Russian officials and eight Chinese officials allegedly involved in human rights violations.
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December 10, 2024
Report on hate crime calls for changes to Criminal Code, notes underreporting of incidents
Canada’s ombud for victims of crime has released a report sounding an alarm over the rise in hate crimes and calling for changes to the Criminal Code, better training for police and a reversal in the underreporting of hateful acts.
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December 10, 2024
APPEALS - Burden on appellant - Grounds - Miscarriage of justice
Appeal by appellant from his conviction on various charges. The police received a tip about stolen trailer sales and arranged a meeting with the appellant's accomplice to purchase one. The accomplice arrived with the appellant, leading to their arrest. The appellant cooperated, providing details on five stolen trailers, including theft locations and buyer information.
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December 10, 2024
Navigating the challenges of money laundering for car dealers
The car dealership industry plays a vital role in the global economy, providing essential transportation options and contributing significantly to job creation. However, it is also a sector susceptible to exploitation by money launderers. With the rise of sophisticated criminal networks, car dealers must be aware of the unique challenges they face regarding money laundering and implement effective strategies to mitigate these risks. This article explores the specific challenges car dealers encounter in combating money laundering and offers insights into best practices for compliance and prevention.
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December 09, 2024
Commons committee, privacy commissioner call for amendments to federal private-sector privacy law
The federal privacy commissioner has endorsed a call by a House of Commons committee to reform Canada’s federal private-sector privacy law to include data-minimization requirements, rules surrounding cross-border data transfers, and the power for the privacy commissioner to make binding orders and impose significant administrative monetary penalties.
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December 09, 2024
Health Canada releases new data on cannabis use, finds less reported illegal access
Health Canada has published the 2024 Canadian Cannabis Survey, finding that more people are obtaining cannabis legally and that there is less reported smoking of cannabis overall.