A Halifax-area man targeted by a major cocaine and cannabis investigation will not lose the million-dollar lakeside home he built partly on the proceeds of crime, but has instead been ordered to pay a $240,000 fine for the portion linked to his illegal profits.
Gary (Boo) Boudreau, 50, was convicted last year of drug, proceeds of crime and money-laundering offences following a trial, and the Crown this spring sought the forfeiture of his home along Kearney Lake, a move opposed by the defence.
In a decision Friday, Halifax provincial court Judge Elizabeth Buckle ruled that since the house was built using a mix of both legal and illegitimate funds, it should not be forfeited but Boudreau should instead be fined for the value associated with proceeds of crime.
The judge said that while sentences are intended to punish drug dealers, forfeiture is not, and is instead designed to take away their profits from illegal activity.
“In my view, the Crown’s argument that an entire property should be forfeit even when it is derived only in part from designated offences is inconsistent with the overarching purpose of the proceeds and forfeiture provisions,” Buckle said.
The case against Boudreau stems from an RCMP investigation that eventually led to more than a dozen arrests in 2020 and 2021, and included covert surveillance, listening probes installed in vehicles and the examination of financial documents.
Despite Friday’s ruling, come September it’s unlikely Boudreau will be able to enjoy the home for some time. That’s because Buckle will hand down sentence on the charges and he is likely off to prison, with the prosecution seeking 13 years behind bars and the defence arguing for 3½ years.
It’s not yet clear how long Boudreau will be given to pay the $240,120 fine. Crown and defence lawyers agreed Friday he would have three years from the end date of his sentence, which is still to be determined. If he does not pay, he will serve an additional two years, Buckle said.
Boudreau owns a drywalling and insulation company, and defence lawyer Pat MacEwen had argued money earned from legitimate business had been intermingled with proceeds of crime to pay for the home.
Buckle did order the forfeiture of other items found to be proceeds of crime, including a pontoon boat and trailer, a hot tub and $47,620 in cash discovered by police during the December 2020 search of Boudreau’s home, including more than $20,000 in a Walmart bag on the kitchen counter.
Boudreau is set to be sentenced Sept. 16. His convictions include for money laundering, proceeds of crime, cocaine-trafficking offences, possession of chemicals used to “cut” cocaine, conspiracy to distribute illegal cannabis, and possession of a shotgun while prohibited and without a licence.
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