A Canadian man has lost his appeal to keep over $1 million in cash authorities seized from his property, despite never being convicted of a crime. The case highlights a controversial legal practice allowing authorities to confiscate assets suspected of being linked to illegal activity, even without a criminal conviction.
The legal battle centered around Gilles breton,whose property was searched in 2018. Authorities discovered approximately $1.15 million Canadian dollars hidden in a barrel and other locations on the property.While Breton was acquitted of drug-related charges,a judge ruled the money was likely proceeds of crime and ordered it forfeited to the government. He appealed, but the appeals court upheld the decision.
“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,” said Sanaa Ahmed, assistant professor of law at the University of Calgary, in an email to CNN.
The court focused on Breton’s inability to prove the money came from a legitimate source. Michelle Gallant, professor of law at the University of Manitoba, explained, “cash is the currency of illegal drugs,” and questioned why such a large sum would be buried. “What legitimate source might underlie dollars stuffed in a barrel and buried? Why bury it? Each day, at the very least, you would even bank interest,” she said.
However, the appeals court did allow Breton to keep $15,000 Canadian dollars (approximately $10,600 USD today) found hidden in the home’s vents, as the judge could not rule out a lawful origin for that portion of the cash. The case raises concerns about civil forfeiture laws and the balance between law enforcement’s ability to disrupt criminal activity and protecting individuals’ property rights. Breton’s legal options are now exhausted, and the substantial sum remains in the hands of the authorities.
