A judge in Nova Scotia has made a ruling to return the majority of the $133,950 in cash confiscated by authorities from an SUV following a raid on an illegal marijuana grow operation near an Eastern Shore lobster pound in 2021 to the seafood broker who was convicted in the case.
During a court session in Dartmouth, N.S., Judge Brad Sarson mentioned on Monday that the prosecution failed to demonstrate with sufficient evidence that Christian Strickland, aged 40, had intentions to use the money for setting up the grow operation or that it originated from marijuana sales.
Nonetheless, the judge did decide that a fraction of the money, amounting to $26,755.14, should be forfeited as “offence-related property” tied to a distinct car insurance fraud scheme uncovered by police during their probe.
Strickland was one of over a dozen individuals arrested in connection with an RCMP investigation into drug trafficking in the Halifax area, which heavily relied on surveillance and intercepted communications, resulting in numerous arrests.
An officer testified that Strickland was a secondary target of the investigation involving the main suspect. While some arrestees faced charges related to cocaine trafficking, Strickland was not implicated in those offenses but rather faced charges related to cannabis and fraud.
The cash was seized from a safe in the vehicle driven by Strickland’s mother on Jan. 6, 2021, after she departed from her son’s residence in Bedford, N.S., following the bust of 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 pushed for forfeiting the money. Strickland is currently serving an 18-month conditional sentence.
The defense argued that assuming the cash in the safe was intended for purchasing equipment for the marijuana operation was “too speculative,” pointing out the absence of evidence indicating any profits from cannabis sales. Sarson acknowledged the defense’s argument that Strickland, with a prior drug-related record, might have been aware of the police practice of seizing cash during such searches and leaving the decision to the courts for resolution.
Although the judge found the request for Strickland’s mother to collect the money suspicious, there was evidence suggesting that Strickland ran a legitimate seafood business that to some extent operated on a cash basis.
Sarson noted that the prosecution successfully demonstrated, on a preponderance of evidence, that approximately $26,000 stemmed from an insurance fraud scheme in which Strickland falsely reported vandalism to his BMW. Despite Strickland having already repaid the full amount in restitution, the judge ordered the forfeiture of the money.
The judge concluded that there was no evidence implicating Strickland in other crimes beyond those related to the vehicle and the grow operation, leading to reasonable doubt that the remaining cash was linked to criminal activities.
Strickland’s attorney, Pat MacEwen, declined to comment outside the courtroom, while the prosecutor, Len MacKay, stated in an interview that he viewed the judge’s decision as “reasonable in the circumstances.”