What is the test for making a seizure under section 135 of the Customs Act?
Canada (Federal), Canada
The following excerpt is from Kennedy v. Canada (Public Safety and Emergency Preparedness), 2013 FC 1196 (CanLII):
In an action under section 135 of the Customs Act, the onus is on the plaintiff to establish, on a balance of probabilities, that the seizures were unlawful: He v. Canada (2000), 2000 CanLII 14822 (FC), 182 F.T.R. 85, [2000] F.C.J. No. 93, at para. 8.
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