Wednesday, February 15, 2023

3 BC Hells Angels clubhouses seized on appeal

Vancouver is Awesome is reporting that "The B.C. government has successfully seized three Hells Angels' clubhouses, including the one in Kelowna. More than two and a half years after Justice Barry Davies ruled against B.C.'s Director of Civil Forfeiture in the case – a culmination of nearly 13 years of proceedings – B.C.'s Court of Appeal has overturned the previous ruling and found in favour of the B.C. Civil Forfeiture Office." Wow! The appeal process worked.

"The three clubhouses which will now be seized by the province are located on Ellis Street in Kelowna's North End, along with properties in Nanaimo and East Vancouver. The proceedings began back in 2007, two years after the Civil Forfeiture Act became law in B.C., with the province seeking to seize the Nanaimo property. In August 2012, police raided the club's Kelowna clubhouse, and the province began forfeiture proceedings against it and the Hells Angels' East Vancouver clubhouse several months later. The clubhouses have continued to be used by the Hells Angels, although the assets have been frozen since 2016." What about Shakerz?
Other than shock, I have mixed feelings about this. It shows you how important it is for prosecutors to appeal bad decisions because judges are not infallible. I think the Kelowna clubhouse was a given because they were caught doing a lot of criminal activity. However, that was under the previous leadership so I almost feel sorry for them.

The East Van chapter was involved with a whole lot of criminal activity but the real problem in the DTES now are the Wolf Pack and their farm teams from Edmonton. Naniamo was a bit border line. I know they were involved with some but it was pretty minor. I was told there was something dodgy going on about the government's desire to attain that specif parcel of property but I can't remember what it was. Naniamo has many members and they don't all sell drugs.

That brings us to the idealistic attempt to balance the extremes. The Aging Rebel, God rest his soul, closely followed the US government's attempt to seize the Mongol's patch in court. I thought that quest was a bit extreme as well as concerning. One thing we've all learned from the pandemic is to be weary of government over reach. The ATF is dirty as f*ck.

The freedom of association is protected by the US Constitution and the Canadian Charter of Rights. The right to commit crime is not. The future of MCs is entirely up to them. If they persist in criminal activity, that will be their end. No one can stop you from riding a motorcycle. No one can stop you from riding a motorcycle in a group. The concern seems to revolve around the three piece patch. The obsession with the term 1%er is an obsession with crime.

The term 1%er came from a saying that 99% of people who ride motorcycles are law biding citizens. 1% of those who ride motorcycles are deranged criminals. Being part of that 1% is nothing to brag about. Mind how ya go. We are all free to choose but we are not free to avoid the consequences of our choices. Sooner or later, everyone is accountable.
The thing I didn't understand about the previous decision that was overturned on appeal was their bizarre measuring stick. They claimed that it didn't matter if the club was convinted of criminal activity and it didn't matter if the clubhouse was purchased with the proceeds of crime. The judge claimed the crown had to prove the clubhouse would be used in the future for planning criminal activity. That was kind of ridiculous. That's like saying it doesn't matter if someone committed murder. In order to convict them you need to prove they will commit murder again in the future.

Proceeds of crime legislation, which I'm not a fan of, states that the item was purchased with the proceeds of crime. What someone may or may not do in the future is simply not relevant. That judge's new definition was suspicious. It makes us wonder if he was on the take and was trying to become Peter Leask's replacement. Bad judges need to be replaced.

6 comments:

  1. Seems the probable next step will be the HAMC appeal this to the Supreme Court of Canada. If they lose that or accept this ruling then all the other club houses will be targets. Will be interesting to see how it all plays out.

    Government overstepping is something we all should be concerned about.

    There are US citizens already talking of Canada being governed by communists (Trudeau). Tucker Carlson and co.

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  2. Don’t have mixed feelings. If you really knew what you have to do to get in the club you’d campaign non-stop to ensure every last one was in jail.

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  3. I'm sure they'll be able to find a new place...the nanaimo chapter litterally got a place next door to the clubhouse after it was seized.

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  4. The HA can always rent like the rest of us.

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  5. Good! Now drop a match and be done with them.

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