The Crown applied for forfeiture of cash found on Mr. Breton's property, alleging it was proceeds of crime under sections 462.43 and 490(9) of the Criminal Code.
The court applied the criminal standard of proof beyond a reasonable doubt, relying on circumstantial evidence and expert testimony regarding drug trafficking patterns and currency bundling.
The court found that the large sums of cash found buried in the garage, along with cocaine and digital scales, were proceeds of crime, dismissing alternative explanations like a repair business or lottery winnings.
However, cash found in the house vents was not forfeited due to reasonable doubt regarding its origin.
