The applicant applied for judicial review of a CBSA Recourse Directorate decision upholding the cancellation of his NEXUS membership.
The applicant had been stopped at an airport and found with over $10,000 in currency, which he failed to declare due to an honest mistake regarding foreign currency left in an envelope from a previous trip.
His funds were seized, a $250 penalty applied, and his NEXUS membership cancelled on the basis that he had contravened the PCMLTFA and was therefore no longer of 'good character'.
The Federal Court found the decision unreasonable because the decision maker treated the mere contravention of the Act as sufficient to establish a lack of good character without explaining why the contravention—accepted as an honest, isolated mistake—undermined confidence in the applicant's future compliance.
The application was allowed and the matter remitted for reconsideration.
