Friday 13 October 2023

Supreme Court ends Hells Angels' 16-year legal battle to prevent sale of seized clubhouses in B.C.

 
 

Supreme Court ends Hells Angels' 16-year legal battle to prevent sale of seized clubhouses in B.C.

Canada's top court says it will not hear appeal over properties seized by province

On Thursday, the country's highest court dismissed a leave to appeal from Angel Acres Recreation and Festival Property Ltd. that sought to challenge a decision by a lower court in B.C., which said the clubhouses would likely be used for criminal activity in the future.

The Supreme Court gave the go-ahead for the province to sell the three properties, which were seized outright and the locks changed in April.

Thursday's ruling ends a 16-year legal saga regarding the clubhouses.

Lawyers representing the Hells Angels went to court to stop the province from selling the properties, which it is allowed to do under the Civil Forfeiture Act.

The act came into place in B.C. in 2006 and is meant to "ensure that people cannot profit from unlawful activity or use property in a way that may harm other persons." 

A black SUV is parked in front of a street corner where a house is located behind hedges. Vancouver police officers are pictured at a Hells Angels clubhouse on the city's East Georgia Street on April 14. (Ben Nelms/CBC)

B.C.'s forfeiture office first moved to seize the Nanaimo clubhouse in 2007, and attempted the same with the Kelowna and Vancouver clubhouses in 2012.

The properties are located at 805 Victoria Rd. in Nanaimo, 837 Ellis St. in Kelowna and 3598 E. Georgia St. in Vancouver.

They were described by the courts as fenced and gated, with metal, outward-opening doors to prevent forced entry, extensive security systems, and other measures to "prevent police from surreptitiously monitoring" Hells Angels' activities.

The B.C. Assessment website gives the total combined value of the properties as just over $3 million.

In its bid to stop the seizures, the Hells Angels initially won a decision in B.C. Supreme Court in 2020.

However, that was overturned in February by the B.C. Appeal Court, which found there was little evidence the gang would have suffered "irreparable harm" if the properties were sold.

At the time, the civil forfeiture office said it would return the contents and belongings in the three clubhouses, as those were not subject to forfeiture. It would then sell the properties.

'You will not profit from any crime:' solicitor general

On Thursday, B.C. Minister of Public Safety and Solicitor General Mike Farnworth said the SCC decision confirmed that measures to combat organized crime, such as the forfeiture act, work.

"The tools we use to combat organized crime are constitutional and put criminals on notice," said Farnworth in a statement.

"My message to those involved in organized crime: We will continue to go after your clubhouses, expensive cars, front businesses and luxury goods. You will not profit from any crime you commit in British Columbia."

The province says it has made $129 million in civil forfeiture seizures and sales since B.C.'s Civil Forfeiture Act came into force in 2006. Of that money, $66 million has been used for crime prevention, remediation grants and compensation to victims.

Farnworth also touted legislation announced in March that will order people to explain how they acquired their wealth in cases where there are suspicions that it was generated from criminal activity.

That information could then lead to a seizure of property such as vehicles or luxury goods. Proceeds from their sale by the province could then be used to support victims of crime.

ABOUT THE AUTHOR

Chad Pawson is a CBC News reporter in Vancouver. You can contact him at chad.pawson@cbc.ca.

With files from Bridgette Watson and Akshay Kulkarni

CBC's Journalistic Standards and Practices
 
 
 
584 Comments 



Brian Hughes 
It's always good to see occasions when an organized crime group suffers a setback in the name of protecting society from their depredations. I also like the tone of B.C. Minister of Public Safety and Solicitor General Mike Farnworth's comments, "My message to those involved in organized crime: We will continue to go after your clubhouses, expensive cars, front businesses and luxury goods. You will not profit from any crime you commit in British Columbia."

I also like the new proposed legislation in BC which "...order people to explain how they acquired their wealth in cases where there are suspicions that it was generated from criminal activity." Other provinces should follow suit.

 
David R. Amos 
Reply to Brian Hughes  
Mikey Farnworth and his cohorts should have checked my work long ago 
 
 
Bob Smith
Reply to Brian Hughes 
That’s adorable. Do you enjoy the runner-up position?
 
 
Brock Kramp
Content Deactivated
Article about hells angels open for comments but not the convoy trial.
Lol. Classic c b c

    
David R. Amos
Reply to Brock Kramp
Go figure



Luc Gervis
Content Deactivated



David R. Amos

Reply to Luc Gervis
Ottawa too


Luc Gervis
Reply to David R. Amos
Its a BC law


David R. Amos
Reply to Luc Gervis
Opps




Kerry Cassidy
Anything that thwarts the activities of organizations like antifa and
Hells Angels is a good thing. There is too much violence in the world
already.


Brian Hughes

Reply to Kerry Cassidy
That's a very short list compared to all the other groups that should be on it.


malcolm sheppard

Content Deactivated
Reply to Kerry Cassidy
Given the bizarre equivalencies in your ill-informed statement the best route would probably be to eliminate Rebel Media and Fox News.


David R. Amos
Reply to Brian Hughes
Amen


David R. Amos
Reply to malcolm sheppard
Why is it that I am not surprised to see your post permitted?




Jos Allaire
Content Deactivated

Does this mean that they can now go after churches and rectories❓


Ryouichi Nakano

Reply to Jos Allaire
While I can appreciate you comparing a completely outward criminal
organization to one that some might consider one, the comparison isn't
really valid.


Andrew Dawe
Reply to Ryouichi Nakano
Jos is not that wrong on this one.


Richard Marin
Reply to
Ryouichi Nakano
I always thought churches were criminal. I still do.

 
Ryouichi Nakano

Reply to Richard Marin
Difference being, if you go against the church, you don't just end up dead.


Brian Larmer
Reply to Ryouichi Nakano
There are a lot of umarked graves that prove otherwise.
 

Brian Larmer
Reply to Jos Allaire
One would hope.


David R. Amos

Reply to Richard Marin
Me too 


 


JF Pritchet
Too bad Hells Angels. You lose.

 
Jos Allaire
Reply to JF Pritchet
Ain't that a shame❗


Moe Lascelles
Reply to JF Pritchet
They never really loose.


David R. Amos
Reply to Jos Allaire
Shame that you went 'poof' again
 
 
Bob Smith
Reply to Moe Lascelles
Hahahahahha. You are absolutely kidding right? 
 
 



Allan Marven
Harley owners can't be happy.

 
Tom McCoubrey
Reply to Allan Marven
Not all Harley Owners are in criminal bike gangs. Have you heard of one percenters? They are the percent of bikers that are criminal


Allan Marven
Reply to Tom McCoubrey
Is there a difference between a biker and a harley owner, or do you have to own a harley to be a biker? Just asking, I'm thinking about buying one.


Michael Maynard
Reply to Allan Marven
Harley owner for 10 years. Ride with my friends including RCMP members. Biker can be a derogatory term just because you ride a Harley or other similar motorcycles.


Richard Marin
Reply to Michael Maynard
Had my first motorcycle at 8 years old. At 12 years old my friend's Dad thought I was a gang member because I had a leather jacket. People are stoopid.


David R. Amos
Reply to Michael Maynard
The RCMP have been calling me a Hell Angel since 1982
 

Mike Fowler
Reply to Allan Marven
If you're not in a gang, you probably just shouldn't call yourself a "biker".

And the vast majority of Harley riders are weekend warriors who take their bike out more often to wash it than to ride it.


Rick Newton
Reply to Richard Marin
Check the mirror for more of those.


Richard Marin
Reply to Rick Newton
I'd rather sit with a biker than a church goer, every day of the week.


David R. Amos

Reply to Richard Marin
Me too 
 
 
 
 

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