Nova Scotia judge orders return of $133K seized in grow-op bust

Judge Rules on Seized Cash from Marijuana Grow-Op Case

A Nova Scotia judge has ruled that most of the $133,950 in cash seized by police from an SUV should be returned to Christian Strickland, 40, a seafood broker convicted in a marijuana grow-op case. The ruling came after a 2021 raid near an Eastern Shore lobster pound.

Judge Brad Sarson stated on Monday in provincial court in Dartmouth, N.S., that the prosecution did not prove that Strickland intended to use the money for the grow-op or that it came from marijuana sales.

Forfeiture of Portion of Cash

However, the judge ordered that $26,755.14 be forfeited as “offence-related property” linked to a separate car insurance fraud scheme uncovered during the investigation.

Strickland was among over a dozen people arrested in an RCMP investigation into drug trafficking in the Halifax area. This investigation relied on surveillance and intercepted communications.

Details of the Investigation

An officer testified that Strickland was an offshoot of the investigation into the main target. While some arrested were charged with cocaine trafficking, Strickland faced charges related to cannabis and fraud.

Police seized the cash from a safe in a vehicle driven by Strickland’s mother on January 6, 2021. This occurred after she left her son’s apartment in Bedford, N.S., hours after the grow-op was busted in Popes Harbour, N.S.

Prosecution and Defense Arguments

The prosecution sought forfeiture of the money after Strickland was convicted earlier this year of cannabis, fraud, and public mischief offences. He is currently serving an 18-month conditional sentence.

The defense argued it was “too speculative” to assume the cash was for the marijuana operation. They stated there was no evidence that any money had been made from selling cannabis.

Sarson noted the defense’s argument that Strickland, who has a previous drug record, might have been aware of police practices regarding cash seizures. The defense suggested that Strickland asked his mother to take the money to avoid seizure.

Judge’s Findings

While the judge found the request for his mother to pick up the money suspicious, he acknowledged that Strickland ran a legitimate seafood business, which was “to a certain extent” a cash business.

Sarson determined that about $26,000 came from an insurance scheme where Strickland falsely claimed his BMW had been vandalized. He ordered this amount forfeited, even though Strickland has already paid the full restitution.

The judge stated there was no evidence of other crimes beyond those involving the vehicle and the grow-op. He had reasonable doubt that the rest of the cash was “tainted with criminality.”

Strickland’s lawyer, Pat MacEwen, declined an interview request outside the courtroom. The prosecutor, Len MacKay, said he believed the judge’s decision was “reasonable in the circumstances.”