A Montreal businessman is mounting a landmark constitutional challenge against Quebec's civil forfeiture legislation after authorities confiscated more than $2 million in cash from his residence without ever laying criminal charges.
The Seizure and the Legal Challenge
In January 2024, Longueuil police searched the home of 75-year-old André Levy following a harassment complaint from his former spouse. During the search, officers discovered over $2.1 million in cash concealed behind a false wall. The police seized the money using a new provision in Quebec's civil forfeiture law, enacted in 2024.
This provision presumes that any cash sum of $2,000 or more, "the disposition of which is incompatible with the practices of financial institutions," is automatically the proceeds of crime. Levy's legal team, Alexandre Bergevin and Edith Darbouze, argue this presumption violates multiple sections of the Canadian Charter of Rights and Freedoms.
Arguments Against the Presumption of Guilt
In court filings, Levy's lawyers contend the law is draconian and disproportionate. "Depriving a person of a substantial sum of money, representing a lifetime of work and saving, simply because a presumption exists... opens the door to the worst abuses of power," they wrote. They assert the provision infringes on the right to be presumed innocent until proven guilty, guarantees of basic fairness in judicial proceedings, and protections against unreasonable search and seizure.
Levy, who has no criminal record, was never charged with any offence related to the money. His lawyers maintain the funds were obtained legitimately through his business, Nova Essentials, which imports and exports natural products. They also allege police misconduct, claiming $300,000 went missing during the search, and are seeking $960,000 in damages from the Longueuil police service.
Police and Government Justifications
In response, lawyers for Quebec's Attorney General argued Levy failed to demonstrate the legitimate origin of the funds. Detective-Sergeant Simon Desmarais, who led the investigation, stated in a sworn affidavit that the money was found wrapped in elastic bands and black plastic, methods he described as similar to "practices observed in the criminal underworld."
Desmarais also noted the presence of a money-counting machine and highlighted that nine specific $20 bills seized were linked by police to a drug purchase a decade earlier. He pointed out that Levy declared $1.2 million in income between 2013 and 2022, which he argued cannot justify possession of over $2 million in cash.
Broader Implications for Quebec and Canada
This case places a spotlight on a legislative amendment that received little scrutiny. The Barreau du Québec had previously warned the National Assembly that the presumption was "excessive and disproportionate" and its reference to financial institution practices was overly vague.
Legal expert Frédéric Plamondon of Norton Rose Fulbright, who is not involved in the case, noted similar civil forfeiture laws exist in British Columbia and Manitoba. He predicts the constitutionality of these provisions will be tested, with arguments centering on rights to property and privacy. "I think the proportionality of the administrative seizures will also be scrutinized by the courts," Plamondon said.
A spokesperson for Quebec Attorney General Simon Jolin-Barrette declined to comment, citing the ongoing legal proceedings. The outcome of André Levy's challenge could set a significant precedent for the limits of provincial civil forfeiture powers across Canada.
