Eric©
2017-06-15 21:08:01 UTC
[1] The appellant was at the relevant times a police officer with the Niagara Regional
Police. He was convicted of conspiracy to smuggle cheese into Canada from the United
States without paying the required duties, and related charges (in contravention of the
Customs Act), and of breach of trust by a public official (in contravention of the
Criminal Code). He was sentenced to three months' imprisonment for the smuggling
offences and to one month's imprisonment, consecutive, on the breach of trust offence.
[2] The appellant does not appeal from the smuggling convictions. However, he seeks to
set aside his conviction for breach of trust. He also seeks leave to appeal, and if
leave is granted, to appeal from both sentences imposed.
The Cheese Smuggling Scheme and CPIC Enquiry
[3] The trial judge succinctly described the gist of the smuggling offences in the
following way, in his reasons for sentence:
"The offender, a police officer, was the organizer of a racket in which another constable
smuggled cheese across the border from Buffalo to Fort Erie, which cheese was sold to
local restaurants for profit, at discount prices that were made possible by the evasion
of the 246 percent duty. About $133,000 of cheese and other food was smuggled, with the
result that about $325,000 worth of duty was evaded."
https://www.canlii.org/en/on/onca/doc/2017/2017onca441/2017onca441.html
Police. He was convicted of conspiracy to smuggle cheese into Canada from the United
States without paying the required duties, and related charges (in contravention of the
Customs Act), and of breach of trust by a public official (in contravention of the
Criminal Code). He was sentenced to three months' imprisonment for the smuggling
offences and to one month's imprisonment, consecutive, on the breach of trust offence.
[2] The appellant does not appeal from the smuggling convictions. However, he seeks to
set aside his conviction for breach of trust. He also seeks leave to appeal, and if
leave is granted, to appeal from both sentences imposed.
The Cheese Smuggling Scheme and CPIC Enquiry
[3] The trial judge succinctly described the gist of the smuggling offences in the
following way, in his reasons for sentence:
"The offender, a police officer, was the organizer of a racket in which another constable
smuggled cheese across the border from Buffalo to Fort Erie, which cheese was sold to
local restaurants for profit, at discount prices that were made possible by the evasion
of the 246 percent duty. About $133,000 of cheese and other food was smuggled, with the
result that about $325,000 worth of duty was evaded."
https://www.canlii.org/en/on/onca/doc/2017/2017onca441/2017onca441.html