Possession of untaxed cigarettes proved to be really expensive last week for one tailgate entrepreneur.
Antonio M. Santos, 56, was fined $1,938 for the 57 cartons of unstamped cigarettes found in the back of his minivan by Kingston Police and $50 for the marijuana he had on board.
Then the judge agreed to the request of the federal Crown, and ordered the contents of the vehicle and the Montana minvan itself, forfeit to the Crown.
Santos insisted on pleading guilty on his own in Kingston's Ontario Court of Justice to charges of having possession of marijuana for the purpose of trafficking and possession of tobacco products with no excise stamp, an offence under the Excise Act.
Federal prosecutor Dave Crowe told the court that charges were laid on Aug. 11, after Kingston Police learned that a tailgate vendor had set up in the parking lot of Tim Hortons at 681 Princess St.
He was reported to be selling new sports jerseys at cut-rate prices.
Thinking the sweaters might be hot, officers went to check his merchandise.
Crowe told Justice Rommel Masse that as low as Santos' sweater prices turned out to be - and as curious as they found his refusal to disclose where got them - it was his tobacco products that captured their attention.
Defence lawyer Brian Callender, who had first tried to convince Santos to get a lawyer, later tried to assist him as Legal Aid duty counsel.
He told Justice Masse that Santos was claiming that some of the $3,197 in cash seized by police actually belonged to his roommate.
Crowe told the judge that Santos had been given the opportunity to prove ownership of the cash, however, and had provided no proof.
Consequently, he asked that all of the cash, cigarettes, marijuana and Santosà vehicle be given to the Crown.
Masse appeared surprised by the inclusion of the vehicle in the forfeiture order.
It's not a common request in Kingston, although it clearly falls within the scope of the Excise Act.
Crowe told him the allegation is that the minivan was used to make repeated trips to buy illegal tobacco products.
Masse made the order, noting that Saints does have a right to appeal the scope of the forfeiture.