The United States of America brought a motion for summary judgment to enforce a restitution order of over $17 million made against the defendant in the US for securities fraud and money laundering.
The defendant argued the action was statute-barred, the order was not a 'fine' under the Mutual Legal Assistance in Criminal Matters Act, and the enforcement violated his rights under the Canadian Bill of Rights and the Charter.
The court found the restitution order qualified as a fine, the action was commenced within the five-year limitation period, and the defendant's constitutional rights were not violated as the Charter does not apply extraterritorially and the ministerial approval process does not adjudicate individual rights.
The motion for summary judgment was granted.
