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Canadian man loses 16-year fight for C$1.2m seized in drug raid
A 16-year legal battle by a Canadian man to reclaim over C$1.2 million (£651,000) in cash confiscated from his home has ended in defeat after an Ontario appeals court upheld a 2023 ruling forfeiting most of the funds to the government.
Police raid uncovers hidden cash
In 2009, authorities searching Marcel Breton's northwestern Ontario home for an illegal firearm discovered large sums of money concealed in various locations. Police found C$1,235,620 buried under his garage, C$32,000 elsewhere in the garage, and C$15,000 in bundles inside the under-floor heating ducts of the living room.
The search also turned up drugs and paraphernalia, leading to Breton's initial conviction on multiple charges. Though acquitted in a retrial due to an unlawful search, the cash forfeiture case persisted.
Court rejects claim to hidden funds
The trial judge ruled that Breton had not lawfully possessed the majority of the seized money, citing its unusual concealment and the presence of drugs. The judge noted that the cash-primarily in C$20 bills, a denomination linked to drug trafficking-was found in tubs buried underground, an unlikely storage method for legitimate funds.
Additionally, Breton had reported no income to tax authorities between 2001 and 2008, further undermining his claim.
Partial victory on C$15,000 return
The appeals court upheld the forfeiture of the bulk of the cash but allowed Breton to recover the C$15,000 found in his home's vents. Unlike the garage funds, these bills were not bundled consistently, leaving open the possibility of lawful origin.
The trial judge concluded that the unusual storage and proximity to drugs made it improbable the money was obtained legally.
Ontario Superior Court ruling, 2023
