The Ontario government will retain over $1.2 million in cash discovered during a police raid on a rural property, despite the owner being acquitted of related criminal charges. Marcel Breton, who fought for 16 years to reclaim the money, lost his legal appeal on Monday. In 2009, police uncovered large sums of cash hidden in various locations on Breton's property near Thunder Bay. The most significant find was a Rubbermaid tub buried under the garage floor, containing bundles of cash totaling $1,235,600. An officer described the discovery as astonishing, stating they were “flabbergasted, to say the least.” Breton, then 44, was arrested and charged with drug offenses and possession of property obtained through crime. During the raid, police also seized illegal drugs, including cocaine and ecstasy, with an estimated street value of $22,000. Initially, the police were not searching for cash or drugs; they had a warrant to look for a firearm, which was not found. Instead, they discovered cash hidden in heating vents, a suitcase, and even in Breton's pockets. Counting the cash took police 18 hours due to some of it being damp and stuck together. Breton sought to use the seized money to fund his legal defense, claiming, "The currency seized is mine. I was the only one who was aware of its location in the garage." The Canada Revenue Agency also claimed the money, arguing that Breton had not filed tax returns for several years. However, the judge dismissed both claims. In 2014, Breton was convicted of multiple charges and sentenced to nine and a half years in prison. The Ontario government then sought a forfeiture order for the seized items, including the cash and various vehicles. Breton appealed his convictions, arguing he did not receive adequate legal assistance. After a lengthy legal process, including delays due to the pandemic, Breton's case was re-evaluated in 2021. The judge found that the police had acted with an “impermissible degree of overreach” during the search, violating Breton's rights against unreasonable search and seizure. Consequently, the evidence obtained during the raid was deemed inadmissible, leading to Breton's acquittal on all charges. Despite this, the provincial government maintained its claim to the cash, prompting further hearings. The judge noted that the standards for a forfeiture hearing differ from those in a criminal trial, focusing solely on property rather than personal liberty. Ultimately, the court ruled that the cash was indeed the proceeds of crime, allowing the government to keep it, while Breton was permitted to retain $16,000 found in his house and pockets. Breton appealed this decision, arguing that his acquittal should prevent the court from labeling his money as unlawful. However, the appeal court disagreed, stating that while Breton was found innocent, the money itself was never deemed lawfully obtained. The appeal was dismissed, and Breton could not be reached for comment. His lawyer also did not respond before the publication deadline.
Government Retains Cash Discovered in Failed Police Raid
Canada News3 hrs ago
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