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

Man wanted for ramming police car and almost hitting bystanders in Abbotsford

Police say Lorne Guilbault ‘engages in high-risk criminal driving behaviour’

Lavender hand sanitizer sale raises cash for Fraser Valley Health Care Foundation

Golf course and lavender farm partner up to support health care in the Fraser Valley

Cooling stations to open in Mission

Once the temperature hits 29 degrees Celsius, the stations will open

‘Unusual smell’ in Mission and Abbotsford tap water not a health concern, says City of Abbotsford

Odour is just due to temporary supply switch due to treatment-plant maintenance, city says

Wings and Wheels fundraiser ready to roll in Abbotsford this weekend

Unique collection of cars invading Tradex for drive-thru experiences on Saturday and Sunday

B.C. records new COVID-19 death, 85 more cases; Horgan calls on celebrity help

This brings the total number of active confirmed cases to 531 across the province

Teachers to get 2 extra days to prepare for students’ return, now set for Sept. 10

Students will first start with orientation and learn rules of COVID-19 classroom policies

High-volume littering at Cape Scott draws ire from hiking groups

Popular Vancouver Island hiking spot not closing, but frustration about crowding grows

SFU to drop ‘Clan’ varsity team name

The ‘Clan’ name is shortened from ‘Clansmen,’ and was introduced roughly 55 years ago

BCSPCA partners with Crime Stoppers

Many call in to the SPCA, but want to remain anonymous: Eccles

New Tory leader must build a strong team in Commons and for the campaign: Scheer

Scheer marked his final day in the House of Commons today as leader of the Opposition

B.C. to hire 500 more COVID-19 contact tracers ahead of fall

Contract tracers add an ‘extra layer’ in the fight against the novel coronavirus

Feds commit $305M in additional funds for Indigenous communities during COVID-19

Money can be used to battle food insecurity and support children and mental health

We were a bit tone deaf: Hobo Cannabis renamed Dutch Love after backlash

Hobo Cannabis has various locations in Vancouver, Kelowna and Ottawa

Most Read