Akwesasne Man Set to Challenge Canada Excise Act

Last year, on February 21st, 2013, Devin Lazore, 19 years old at the time, was caught by the Cornwall Regional Task Force for attempting to bring about 200 kilograms of fine cut tobacco through the Cornwall Port of Entry.

Lazore, now 20, pleaded guilty to smuggling 218 kg of shisha, a fruit flavored tobacco. The substance itself isn’t illegal, but the tobacco was not stamped “duty paid.”

Lazore is facing a fine of $46,008 or as much as 18 months in jail, according to the Canada Excise Act.

But Lazore and his lawyer, Lawrence Greenspon, will argue that the punishment is cruel and unusual, a constitutional challenge. They are challenging mandatory penalties for smuggling.

Greenspon told the Ottawa Citizen, “If we’re successful in this, it will result in a striking down of a section of the Excise Act which is relied upon daily by the federal prosecution service in the prosecution of offenses across Canada. In this region, [Cornwall area] hundreds, thousands of prosecutions would be affected.”

Lazore’s hearing date is expected to be set next month.