The appellant was served a notice of ascertained forfeiture under the Customs Act for allegedly attempting to export stolen automobiles using false statements.
He appealed the Minister's decision upholding the forfeiture to the Federal Court.
The Minister sought to examine the appellant for discovery, which the appellant resisted, claiming protection against self-incrimination under section 11(c) of the Charter.
The Supreme Court of Canada held that the appellant was not a 'person charged with an offence' because ascertained forfeiture is an administrative, civil collection mechanism, not a penal proceeding, and does not impose true penal consequences.
Therefore, section 11(c) of the Charter did not apply, and the appellant could be compelled to submit to examination for discovery.
