Canadian Man Fails to Reclaim C$1.2M Stashed in His Floorboards in Landmark Civil Forfeiture Case

A Canadian man has officially lost his long-running legal fight to reclaim over £649,458 (C$1.2 million) in cash that authorities seized from his rural Ontario home. The ruling concludes a legal process that began in 2009, underscoring the distinct and often controversial separation between criminal liability and civil asset forfeiture in the Canadian justice system.

On the other hand, the man who owned the property where the money was found was allowed to keep just a small portion of the stash. This 16-year-old case has drawn worldwide attention not only for the odd circumstances in which the money was found but also for its implications regarding civil forfeiture laws in Canada.

How the Story Unfolded

The money, valued at about £649,458 (C$1.2 million), was discovered when the local police searched the house of Marcel Breton, a property located near Thunder Bay. The authorities were executing a warrant for an illegal handgun, but instead, they located stacks of currency under Breton's heating vents and under the living room floor.

The substantial sum was hidden in various locations around the home, such as £8,119.50 (C$15,000) in heating ducts, £17,321.60 (C$32,000) in the garage, and more than a million Canadian dollars bundled in a tub under the garage floor. Police also unearthed illegal drugs, including cocaine, marijuana, and ecstasy, and these findings made them question the source of the hidden money.

Why the Cash Was Forfeited After Discovery

Initially, Breton was charged with the possession of illegally obtained money, but the charges were dismissed following a successful challenge to the legality of the search. He challenged the legality of the property search and was acquitted of criminal charges. However, the local government initiated a civil forfeiture case to retain the assets.

During the forfeiture proceedings, Judge Bruce Fitzpatrick dismissed Breton's claims that he acquired the cash from legitimate sources such as lotteries, casinos, and his car repair business. He noted that most of the bills were in C$20 denominations and suggested that the smaller amounts indicated personal earnings. The court ruled Breton could not adequately account for the source of the large total, which ultimately worked against him.

Appeals Court Upholds Government Claim

In 2023, an Ontario appeals court ruled in favour of the government, a decision that was recently upheld. The court found that Breton had not proven the funds were obtained legally and that the government had adequately demonstrated the money was likely connected to illegal activities. Breton was permitted to retain the £8,119.50 (C$15,000) found in the heating ducts, as the court found there was insufficient evidence to classify it as criminally obtained funds.

Legal experts have noted that Marcel Breton's case underscores how far civil forfeiture powers have extended in Canada. Sanaa Ahmed, a law professor at the University of Calgary, characterised the decision as 'legalistic hair‑splitting,' warning individuals that they could lose their property even after criminal acquittals.

'Confronted with facts such as these, courts will often find ways to justify confiscating monies and thus 'punishing' the accused, even though they may have been acquitted otherwise,' she told CNN via email.

Ahmed added: 'Unfortunately, as societies, we're growing increasingly comfortable with breaking some rules to catch the so-called 'bad guys. But we forget that we made those rules precisely to avoid subjective, normative judgements by those who found themselves in judicial office.'