
The B.C. government is looking to seize a Kelowna home and two vehicles, alleging proceeds of drug trafficking were used to purchase them.
Earlier this week, the B.C. Civil Forfeiture Office filed a notice of civil claim against Michelle Collins and Nigel Byrne, alleging Collins' Dilworth Mountain home and the pair's two vehicles were proceeds and instruments of their alleged drug trafficking operation.
Kelowna RCMP began surveilling Collins and Byrne at their home at 2308 Lillooet Crescent on March 31, monitoring them for a month.
In the recent notice of civil claim, the Director of Civil Forfeiture says police observed the pair making close to 20 “short-duration stops consistent with drug trafficking” in Byrne's 2005 Infiniti G35 and Collins' 2020 Land Rover Evoque.
On April 29, police executed a search warrant on the home in question, arresting Byrne and Collins in the process.
The civil suit alleges police found evidence of drug trafficking inside the home, including fentanyl/heroin, cocaine, methamphetamine, psilocybin mushrooms, cannabis and a variety of prescription pills, along with records of transactions, more than $27,000 in Canadian cash and 25,000 Mexican pesos.
The Kelowna RCMP say no charges have been laid yet against Byrne or Collins as a result of the raid, but the "file is still open." While a criminal conviction require proof beyond a reasonable doubt, a forfeiture claim is dealt with through the civil courts, which is decided on a balance of probabilities.
The Director of Civil Forfeiture claims the pair used the proceeds from their alleged drug trafficking to buy the home and two vehicles. Additionally, the suit claims the home and vehicles were also “instruments of unlawful activity,” as the pair allegedly laundered their proceeds of crime through the purchases. The suit also claims the homes and two vehicles are likely to be used to facilitate crime in the future.
In addition to drug trafficking, the suit also alleges the pair failed to declare their taxable income and sold illicit cannabis contrary to Cannabis Control and Licensing Act.
Byrne and Collins have yet to file responses to the notice of civil claim. None of the Director of Civil Forfeiture's claims has been tested in court.
The B.C. Civil Forfeiture Office has spent the last 13 years attempting to seize three Hell's Angels clubhouses, including the Kelowna location. The trial wrapped up in April 2019, but it's unclear when the judge will make a ruling.