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

Abbotsford restaurant fundraiser supports moms and kids in Mexico

Brodeur’s Bistro donates proceeds on Aug. 17 to Casa de Luz charity

POLICE/2020: Street checks by police down in Abbotsford, but no plans to completely end them

Figures show street checks in Abbotsford relatively representative of city’s population

UPDATE: Arrest made in incident in which ‘agitated’ man pulled out knife on 3 people in Abbotsford

Police say 27-year-old man arrested after information received from public

Abbotsford Police warn that water-testing calls are a scam

Fraudulent messages say City of Abbotsford is offering free water-quality tests

Value Village robbed at knifepoint in Mission

Masked man makes off with cash, avoids police K9 units and escapes

STANDING TALL: Forestry workers meet the challenges, remain hopeful

A look at the forest sector in B.C. – and those hoping for the best – amid mill curtailments

Man suffers serious injuries in bear attack in remote area near Lillooet

It was deemed a defensive attack, no efforts were made to locate the animal

Parkinson SuperWalk goes virtual throughout B.C. due to COVID-19

People encouraged to walk around their neighbourhood, along community trails, through parks, forests

Missed rent payments ‘cause of COVID-19? You have until July 2021 to pay up

Each monthly instalment must be paid on the same date the rent is due

U.S.-Canada pandemic border restrictions extended into September

‘We will continue to keep our communities safe,’ says Public Safety Minister Bill Blair

578 British Columbians currently infected with COVID-19

Seventy-eight new cases confirmed in past 24 hours

WE Charity registers as lobbyist, lays off staff, looking to sell real estate

WE Charity said its financial position has been greatly affected by the COVID-19 pandemic

Conservation seizes fawn illegally kept captive in Vancouver Island home

A Comox Valley resident charged and fined under the Wildlife Act

Pandemic could be driving more parents to get on board with flu shot: study

University of B.C. study gauges willingness for parents to vaccinate children for influenza

Most Read