On-board security footage depicts who's alleged to be Marcel Fontaine on a converted work tugboat moored at Newcastle Marina. (Image Credit: Submitted photo)

By Ian Holmes

in and out of jail

Restaurant dispute results in third arrest of man accused of barricading himself on Nanaimo tugboat

Feb 9, 2026 | 1:55 PM

NANAIMO — He was arrested, released, re-arrested, released and arrested again.

Marcel Alvin Fontaine, 44, is back in provincial court custody for allegedly breaching his release conditions on the evening of Friday, Feb. 6 at Nanaimo’s Cactus Club Cafe.

Fontaine is alleged to have been disruptive and combative towards staff.

It’s the latest incident in a series across the city, after Fontaine was released last Tuesday, one day after allegedly returning to the ramp of Newcastle Island Marina the day after barricading himself inside a tugboat, Nanaimo RCMP allege.

Fontaine was allegedly involved in a reported disturbance at Nanaimo’s Cactus Club Cafe on Friday, Feb. 6. (Image Credit: Ian Holmes/NanaimoNewsNOW)

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On-board video surveillance footage from inside the boat indicated Fontaine entered the vessel on Saturday, Jan. 31.

He allegedly made threats during a shoplifting incident at nearby Port Place Shopping Centre, as well as toward responding RCMP officers at the marina.

Fontaine’s behaviour throughout the weekend on the boat ranged from civil and coherent, to erratic and destructive, according to video surveillance.

At one point after cooking himself a meal, Fontaine is heard on the video claiming he is an “archangel” immediately before punching and kicking the air around him, as well as using a nearby chair as a weapon in the exercise.

After his arrest, Fontaine was charged with break and enter to commit an indictable offence, mischief under $5,000 and breaching release conditions.

Fontaine faces charges in relation to four alleged incidents in Nanaimo since late last year, including on Dec. 23 where six charges were applied against Fontaine, including three counts of assault with a weapon.

The BCPS formally approved charges against Fontaine of break and enter to commit an indictable offence, mischief under $5,000 and breaching a police/court order.

A significant police presence converged on the area of Cameron Island Marina as a result of Marcel Fontaine’s alleged conduct. (Image Credit: Jordan Davidson/NanaimoNewsNOW)

Fontaine’s case has received widespread media attention and condemnation from people opposed to his continuous releases from provincial court custody.

In a statement to NanaimoNewsNOW, Damienne Darby, communications counsel with the BC Prosecution Service (BCPS), outlined it originally consented to Fontaine’s release pertaining to the Dec. 23 and Feb. 1 allegations.

“On February 2, 2026, he was released on those two matters with the consent of the Crown.  In making decisions regarding bail of an accused person, Crown Counsel are guided by the relevant provisions in the Criminal Code and the Charter of Rights and Freedoms, legal precedent, in particular decisions from the Supreme Court of Canada, and our Bail – Adults (BAl 1) policy.”

Hours following Fontaine’s Feb. 2 release, he allegedly returned to the Newcastle Island Marina ramp and was arrested shortly after and charged the following day with breaching his release order.

Tugboat owner Andrew Reynolds told NanaimoNewsNOW he was repairing damage to his boat and reviewing security footage for police when Fontaine allegedly returned.

Fontaine appeared before the court on Feb. 3.

“The Crown applied to revoke his bail on the earlier two substantive files and sought detention on these files, as well as the new breach file.  The judge was unable to conclude Mr. Fontaine had breached the area restriction of his original release order and therefore declined to revoke his bail.  Mr. Fontaine was released on a new release order covering all three matters, with similar terms as before, but with some changes to the area restrictions,” the BCPS statement from Darby noted.

She added the BCPS applied to again revoke Fontaine’s bail on Saturday and the accused was remanded into custody for a possible Monday, Feb. 9 bail hearing.

The BCPS later stated Fontaine was detained Monday afternoon by the court on all four outstanding Nanaimo-based court files and remains in custody.

His next court scheduled appearance to consult legal counsel is on Thursday, Feb. 12.

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