b'JUDICIAL REVIEW BY THE FEDERAL COURT OF APPEALSummary of theKlevtsov Case 4On October 8, 2015, Ms. Klevtsov (applicant) fell downThe matter was appealed to the Federal Court of Appeal. a staircase while rushing to take a flight from Moscow toTheCourtallowedtheappealonthebasisthatthe Toronto. She suffered several injuries, including a headautomatism defence had not been sufficiently established. injury.Nevertheless,thedefendantboardedherflightAccordingly, the Ministers decision was confirmed.to Toronto.While automatism is an admissible defence under the While going through Canadian customs, the applicantAgriculture and Agri-Food Administrative Monetary failed to declare ten apples in her luggage that shePenalties Act, it is a stringent test. An applicant must had brought back from Ukraine without one of themeet the test established in Stone:5required import permits or licences, in violation of(1)Theremustbeanassertionofunintentional thePlantProtectionRegulations Shewasissued .behaviour on the part of the accusedaNoticeofViolation(NOV)accompaniedbyan administrative monetary penalty of $800 under the(2) There must be psychiatric evidence confirming Agriculture and Agri-Food Administrative Monetaryautomatism.Penalties RegulationsThe applicant challenged the NOV with the Minister of Public Safety and Emergency Preparedness (Minister), stating that at the time of the violation, she suffered from memory loss as a result of her injuries at the Moscow Airport and was therefore not responsible for the violation. The Minister confirmed the violation. The applicant sought review of the Ministers decision before the Tribunal. The Tribunal held that the Minister had not sufficiently considered that automatism is an admissible defence. Since, the applicant was able to establish, on the balance of probabilities that she was in a state of automatism at the time of the violationthe Tribunal overturned the Ministers decision.4. Canada (Attorney General) v. Klevtsov, 2018 FCA 196.5. R. v. Stone [1999] 2 S.C.R. 290.ANNUAL REPORT2018-2019 23'