Hells Angels lose in court

Photo: Contributed

Police raid the Kelowna Hells Angels clubhouse in October 2016.

The B.C. government's efforts to seize three Hells Angels' clubhouses, including in Kelowna, passed another hurdle last week, after a judge dismissed the gang's petition to have the forfeiture proceedings thrown out.

Justice Barry Davies ruled that Angel Acres Recreation and Festival Property Ltd, along with seven other individuals, did not have their Charter rights violated when the RCMP shared information with the Director of Civil Forfeiture.

Had the Hells Angels' judicial review application been successful, the forfeiture proceedings would have been dismissed.

While Davies said he shares “some of the concerns raised by the petitioners,” he ultimately rejected the bid, ruling that the RCMP acted lawfully in sharing information with the B.C. Civil Forfeiture Office.

The case dates back to 2007, when the province began attempts to seize a Hells Angels clubhouse in Nanaimo. It then expanded its case to include the clubhouses in East Vancouver and Kelowna in 2012.

The government is arguing the clubhouses are “instruments of unlawful activity” and they'll be used to engage in future unlawful activity.

The Hells Angels have filed a counterclaim to the forfeiture, claiming the “instruments of unlawful activity” section of B.C.'s Civil Forfeiture Act is unconstitutional.

The trial began in April 2018, and wrapped up last April. 

Now that Davies has rejected the judicial review application, he's expected to deliver a judgment on the forfeiture case and the Hells Angel's counterclaim at a later date.