Detective Chris Rhone

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.

The Crown sought forfeiture of over $1.2 million in cash seized from the accused under sections 462.43 and 490(9) of the Criminal Code.

The accused applied to exclude the evidence (cash, opinion evidence, and agreed statement of facts) under section 24(2) of the Canadian Charter of Rights and Freedoms, arguing that it was obtained in violation of his section 8 Charter rights, as previously found by the court in his criminal trial where the evidence was excluded, leading to his acquittal.

The court, applying the R. v. Grant test, determined that while the Charter breaches were serious, the context of a forfeiture application, where liberty is not at stake, is sufficiently different from a criminal trial.

The court found that excluding the evidence in this forfeiture proceeding would bring the administration of justice into disrepute, given the nature and large sum of the cash.

Therefore, the defence's application to exclude the evidence was dismissed, allowing the forfeiture application to proceed.