A judge in Nova Scotia has decided that the majority of the $133,950 in cash confiscated by law enforcement from an SUV following a 2021 raid on an illegal marijuana grow-op near an Eastern Shore lobster pound should be given back to the seafood broker convicted in the case.
Judge Brad Sarson, presiding in provincial court in Dartmouth, N.S., stated on Monday that the prosecution had failed to demonstrate with certainty that Christian Strickland, aged 40, had intentions to use the money for establishing the grow-op or that it was derived from marijuana sales.
Nonetheless, the judge did rule that a portion of the money, amounting to $26,755.14, should be forfeited as “offence-related property” associated with a distinct car insurance fraud scheme uncovered by authorities during their probe.
Strickland was one of over a dozen individuals apprehended as part of an RCMP inquiry into drug trafficking in the Halifax region, which heavily relied on surveillance and intercepted communications, resulting in multiple arrests.
An officer testified that Strickland was a peripheral figure in the investigation targeting the primary suspect. While some of those arrested faced charges related to cocaine trafficking, Strickland was not implicated in those offenses and was instead charged with cannabis and fraud-related crimes.
The cash was confiscated from a safe in the vehicle driven by Strickland’s mother on January 6, 2021, after she departed from her son’s residence in Bedford, N.S., just hours following the police raid on the grow-op in Popes Harbour, N.S., near Strickland’s lobster pound.
Following Strickland’s conviction earlier this year for cannabis, fraud, and public mischief offenses, the prosecution sought the forfeiture of the money. He is presently serving an 18-month conditional sentence.
The defense contended that it was speculative to assume the cash in the safe was intended for purchasing equipment for the marijuana operation as there was no evidence of any proceeds from cannabis sales. Sarson concurred with the defense’s argument that Strickland, who had a prior record related to drugs, might have been aware of law enforcement practices of seizing cash during such operations, leaving the courts to determine its fate.
While the request for Strickland’s mother to retrieve the money appeared suspicious, there was evidence that Strickland operated a legitimate seafood business, which involved a cash component to some extent.
The prosecution did establish, based on probabilities, that around $26,000 stemmed from an insurance scam where Strickland falsely claimed damage to his BMW. Despite Strickland having already paid back the full sum in restitution, the judge ordered the forfeiture of this amount.
Sarson concluded that there was no evidence linking Strickland to other crimes beyond those involving the vehicle and the grow-op, and he harbored doubts about the remaining cash being connected to criminal activities.
Strickland’s lawyer, Pat MacEwen, declined to comment outside the courtroom, while the prosecutor Len MacKay expressed satisfaction with the judge’s decision, deeming it reasonable given the circumstances.