A Canadian man has officially lost a 16-year legal battle to recover more than C$1.2 million in cash that police found hidden across his rural Ontario property in 2009. Despite being acquitted of drug and criminal proceeds charges years later, courts have ruled that the bulk of the seized money will remain with the Canadian government, ending one of the country’s most unusual and long-running forfeiture disputes.
The case revolves around Marcel Breton, a resident of north-western Ontario, who has spent more than a decade fighting for the return of cash found in heating vents, a suitcase, and most dramatically—inside a large Rubbermaid tub buried under the floor of his garage.
Police Search for Illegal Handgun Turns Into Massive Cash Discovery
On December 1, 2009, officers executed a search warrant at Breton’s home near Thunder Bay. The warrant was issued to locate a suspected illegal .22-calibre handgun. Instead of finding the weapon, police uncovered an astonishing array of money hidden in multiple locations.
During the search, officers discovered:
- C$1,235,620 buried under the garage in a sealed plastic tub
- C$32,000 stored elsewhere inside the garage
- C$15,000 stuffed inside heating ducts in the living room
- Additional cash in a suitcase, toolbox, drawers, and even in Breton’s pockets
Many bundles were composed mostly of $20 bills, a denomination that investigators testified is commonly associated with the drug trade. Police also found multiple types of drugs, including cocaine, marijuana, ecstasy pills, and cannabis resin, with an estimated street value of C$22,000.
One Ontario Provincial Police officer later said officers were “flabbergasted” by the sheer quantity of cash hidden around the property.
Initial Convictions and a Twisting Legal Process
Breton was charged with multiple offenses, including possession of proceeds of crime and drug-related charges. In 2014, he was convicted and sentenced to nine and a half years in prison. That same year, the Ontario government moved to seize the cash and several vehicles, including a Camaro sports car, tractor, backhoe, and boat.
However, the legal tides began to shift.
Breton appealed his convictions, arguing that the judge had not provided him proper assistance as a self-represented defendant. The Crown agreed that he deserved a new trial, opening the door to a complete re-examination of the evidence.
Search Warrant Ruled Unlawful — Charges Dropped Completely
At his second trial, new arguments emerged around the legality of the 2009 search. Justice F. Bruce Fitzpatrick examined whether the police warrant had been properly obtained.
The court heard that:
- Police were tipped off by confidential informants years earlier about drug-related activity
- The property was co-owned by another individual with alleged Hells Angels connections
- Officers may have been more interested in searching for drugs and cash than the gun specified in the warrant
Justice Fitzpatrick ruled that the search represented an “impermissible degree of overreach”, violating Breton’s constitutional rights under the Canadian Charter of Rights and Freedoms. As a result, all evidence seized—including drugs and the buried cash—was deemed inadmissible in the criminal trial.
With no admissible evidence remaining, prosecutors were forced to call no witnesses, and Breton was acquitted in 2021.
But Was the Money Legally His? A Separate Battle Begins
Even after Breton’s acquittal, the fate of the hidden cash remained unresolved. A civil forfeiture process began to determine whether the money should be returned or confiscated by the state.
In civil proceedings, unlike criminal trials, the burden of proof is lower. The question was not whether Breton committed a crime, but whether he could prove lawful ownership of the seized funds.
In 2023, Justice Fitzpatrick concluded:
- The cash found under the garage was consistent with drug trafficking
- Breton had reported almost no income to the Canada Revenue Agency from 2001 to 2008
- The way the money was hidden—buried in tubs, bundled tightly, and in mostly $20 bills—suggested it came from illegal activity
He ordered that all money found in the garage be forfeited to the government. Only C$15,000 found inside the house was returned to Breton, as it was not bundled in a way typical of illicit proceeds.
Appeals Court Upholds Decision: Breton Innocent, His Money Not
Breton appealed the forfeiture ruling, arguing that his acquittal meant the cash should automatically be returned.
The Ontario Court of Appeal disagreed.
In a ruling earlier this week, the court affirmed that the acquittal only established Breton’s innocence—not the legality of the cash. The money had never been ruled lawful; it had merely been excluded from trial as improperly obtained evidence.
The judges stated clearly:
“Mr. Breton was deemed innocent, not his money.”
The court upheld the forfeiture order, officially ending Breton’s 16-year attempt to reclaim the hidden fortune.
A Rare Case with Major Legal Implications
The ruling highlights a unique situation in Canadian law:
- Evidence seized unlawfully cannot be used to convict someone, but
- It can still be used in a civil forfeiture case, where the standards are different
Experts say this case illustrates how civil forfeiture laws allow governments to seize assets suspected to be tied to crime—even if no criminal conviction exists.
What Happens Next?
Breton, who has already spent years in and out of courtrooms, has few legal options left. His lawyer did not respond to media inquiries, and Breton could not be reached for comment before publication.
The Canadian government will now keep:
- The C$1.235 million buried under the garage
- The C$32,000 stored in the garage
- Other seized amounts associated with the garage location
Only C$15,000 hidden inside the house vents will be returned to him.
After 16 years, the case is finally closed — but the story of a million-dollar stash buried beneath a garage floor will likely remain one of Canada’s most extraordinary legal battles.