The province is appealing a B.C. Supreme Court decision that saw the Hells Angels retain ownership of clubhouses in Kelowna, Nanaimo and Vancouver. (Black Press Media files)

B.C. appeals judge’s decision to leave three clubhouses in Hells Angels hands

The province has filed two notices of appeal related to the B.C. Supreme Court decision

The B.C. government is appealing a court ruling which denied it the seizure of three Hells Angels clubhouses located in Vancouver, Kelowna and Nanaimo.

The Director of Civil Forfeiture has long claimed the properties are used as instruments of criminal activity, but on June 11, B.C. Supreme Court Justice Barry Davies rejected that claim. He also ruled that part of the Civil Forfeiture Act, specifically regarding the instrument of unlawful activity provisions, was both unconstitutional and outside the jurisdiction of the provincial government.

On Tuesday, July 9, the province filed two notices of appeal related to Davies’ decision: The Director of Civil Forfeiture is appealing his ruling on the clubhouses and the B.C.’s attorney general is appealing his finding on the act.

The director is again looking to have the three properties turned over to the province.

READ MORE: Hells Angels, strippers partied at B.C. community centre

READ MORE: Province loses battle to seize Hells Angels clubhouses in Kelowna, Nanaimo, Vancouver

The province began its pursuit of the Nanaimo clubhouse in 2007, obtaining a court order allowing the government to hold the property and its contents throughout the length of the court proceedings. The court made that order based on alleged evidence of illegal activity found during a multi-year investigation by the Combined Forces Special Enforcement Unit, a gang task force, into various alleged criminal activities of the Hells Angels in Nanaimo.

Proceedings seeking the forfeiture of the East End and Kelowna clubhouses began in 2012, alleging they had also been used as instruments of unlawful activity.

Since August 2015, the province sought the forfeiture of the clubhouses on the basis that they are likely to be used in the future for unlawful activity, and not past or present uses of the facility.

Davies’ decision in June ultimately found the clubhouses do not “play an important role in enabling and empowering members of the Hells Angels to engage in serious crime for financial gain.”

Despite evidence of crimes committed inside East End clubhouse in the 2000s, Davies said there was no proof they were committed to benefit the organization and no evidence was presented that the Nanaimo and Kelowna clubhouses were used to commit crimes, despite the convictions of individual members.

Do you have something to add to this story, or something else we should report on? Email: michael.rodriguez@kelownacapnews.com


@michaelrdrguez
Like us on Facebook and follow us on Twitter.

BC Supreme CourtHells Angels

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

DFO says the five aggrieved B.C First Nations were consulted on fisheries plan

Nuu-chah-nulth First Nations calls response ‘a sham,’ adding DFO never incorporates their views

Three active COVID-19 cases on Vancouver Island

Since July 24, Central island has had five new cases, North one, South none

COVID-19: Tla-o-qui-aht First Nation asks Tofino businesses for support as emergency funding runs dry

“We need to pay for the work they do. It’s such important work.”

Canada can lead the way to save sharks from extinction, says fisheries expert

“Combined with fishing extraction numbers, sharks experience huge losses in the environment.”

Five Vancouver Island First Nations call out Canada for ‘discriminatory’ food fish practices

West Coast nations say government ignoring court-won right to chinook and coho

Deaths feared after train derails amid storms in Scotland

Stonehaven is on the line for passenger trains linking Aberdeen with the cities of Edinburgh and Glasgow

Man arrested after stabbing incident at makeshift camp near Vancouver Island mall

RCMP in Parksville report 28-year-old man taken into custody without incident

Canucks ride momentum into NHL playoff series against defending Stanley Cup champs

PREVIEW: Vancouver opens against St. Louis on Wednesday

Pitt Meadows woman gives birth on in-laws’ driveway

Frédérique Gagnon new son is appropriately named after Norse trickster god

Man, 54, charged in connection with fatal attack of Red Deer doctor

Doctor was killed in his walk-in clinic on Monday

UPDATE: Two dead after fishing boat sinks off southern Vancouver Island

Shawnigan Lake-registered Arctic Fox II went down off Cape Flattery, west of Victoria

Landlord takes front door, windows after single B.C. mom late with rent

Maple Ridge mom gets help from community generosity and government

VIDEO: B.C. community rallies to save snared eagle

Revelstoke climber scales tree to save the raptor

Most Read