R. v. Boudreau

R. v. Boudreau

Applying Carter, the court found a conspiracy to traffic cocaine between Forrestall and Mombourquette and that Boudreau was a probable member because he knew of their trafficking, supplied and arranged cut, arranged resupply meetings, received payments and advised on trafficking; those findings made intercepted third‑party communications admissible in furtherance and supported convictions for conspiracy (Code s.465(1)(c)), trafficking (CDSA s.5(1)) as aider/abettor and one direct act of trafficking, possession for the purpose of trafficking (s.5(2)) for an October 1 transaction, possession of cutting agents with intent to traffic (s.7.1(1)(b)), possession of proceeds of crime and...

Citation
2025 NSPC 44
Parties
Crown: His Majesty the King; Accused: Gary Michael Boudreau
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 August 2025
Procedural Posture
Criminal (indictable) / Trial Decision (provincial Court)
Outcome
Partial conviction. Accused convicted on multiple CDSA and Code counts relating to cocaine conspiracy, trafficking, possession of cut, possession of firearm regulatory offences, possession of proceeds and laundering; acquitted on organized‑crime counts and one firearms count alleging dangerous purpose.
Legal Topics
Conspiracy to Traffic, Trafficking and Possession for Purpose, Constructive and Joint Possession, Joint Enterprise/hearsay Exception (carter/mapara), Criminal Organization Definition (s.467.1), Knowledge and Wilful Blindness, Money Laundering (s.462.31), Forensic Accounting/net Worth Analysis, Circumstantial Evidence and Inference, Res Gestae and Acts in Furtherance
Source Language
English
Criminal Law Controlled Drugs and Substances Act Organized Crime Law Firearms Law Proceeds of Crime Money Laundering Evidence Law Conspiracy to Traffic +9 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 8 Authorities cited 20 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

His Majesty the King

Crown

Gary Michael Boudreau

Accused

Procedural Posture

Criminal (indictable) / Trial Decision (provincial Court)

Legal Issues

  1. 1 Whether Crown proved beyond a reasonable doubt a conspiracy to traffic cocaine including membership of Boudreau
  2. 2 Whether Boudreau personally trafficked or possessed cocaine for trafficking
  3. 3 Whether substances seized were possessed with intent to be used to cut cocaine

Ratio Decidendi

Applying Carter, the court found a conspiracy to traffic cocaine between Forrestall and Mombourquette and that Boudreau was a probable member because he knew of their trafficking, supplied and arranged cut, arranged resupply meetings, received payments and advised on trafficking; those findings made intercepted third‑party communications admissible in furtherance and supported convictions for conspiracy (Code s.465(1)(c)), trafficking (CDSA s.5(1)) as aider/abettor and one direct act of trafficking, possession for the purpose of trafficking (s.5(2)) for an October 1 transaction, possession of cutting agents with intent to traffic (s.7.1(1)(b)), possession of proceeds of crime and...

Court Disposition

Partial conviction. Accused convicted on multiple CDSA and Code counts relating to cocaine conspiracy, trafficking, possession of cut, possession of firearm regulatory offences, possession of proceeds and laundering; acquitted on organized‑crime counts and one firearms count alleging dangerous purpose.

Orders

  • Convicted: CDSA/Code Count 1 (conspiracy to traffic cocaine) - guilty
  • Convicted: CDSA Count 2 (trafficking cocaine) - guilty