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

Tour recognizes Prince Rupert’s rich labour history

Epic story of the Battle of Kelly’s Cut put Rupert on the labour radar

Rio Tinto responds to U.S. aluminum import tariffs

The tariffs were imposed by President Donald Trump Aug. 6

Coastal GasLink breaks ground on meter station in Kitimat

Meter station marks final point on pipeline that stretches from Northeast B.C.

Oily rain runoff down the drain causes concern for Prince Rupert residents

Immediate action taken to alleviate any concerns, road paving contractor said.

B.C. fish harvesters receive long-awaited details on pandemic benefits

Applications to the $470-million federal assistance programs will open Aug. 24

QUIZ: Do you know the truth?

In what has been described as a post-truth era, how much do you know about truth and lies?

NHL playoffs: Canucks to meet St. Louis Blues in Round 1

Vancouver takes on defending champs beginning Wednesday

Simon Cowell breaks his back falling from electric bike

Incident happened at his home in California

VIDEO: Internet famous Yukon-based bhangra dancer explores Vancouver Island

Gurdeep Pandher spreads joy through dance, forms cross-cultural connections amid pandemic

Unofficial holidays: the weird and wonderful things people celebrate around the world

On any given day of the year, there are several strange, silly or serious holidays to observe

Moving on: Tanev scores 11 seconds into OT as Canucks oust Wild

Vancouver beats Minnesota 5-4 to move into first round of NHL playoffs

Gene editing debate takes root with organic broccoli, new UBC research shows

Broccoli is one of the best-known vegetables with origins in this scientific haze

VIDEO: U.S. Air Force pilot does fly-by for B.C. son amid COVID border separation

Sky-high father-son visit plays out over White Rock Pier

3 Vancouver police officers test positive for COVID after responding to large party

Union president says other officers are self-isolating due to possible exposure

Most Read