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)

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

Just Posted

People were lined up around the fields at a drop-in vaccine clinic at Newton Athletic Park on Tuesday (April 27, 2021), which is one of the high-transmission neighbourhoods that are being given vaccine priority. This clinic was one of at least three to open in the city on Tuesday. (Photo: Lauren Collins)
Surrey’s weekly cases continue to drop, push for 80% vaccination rate citywide

BCCDC reports 263 cases for Surrey the week of May 30 to June 5

Friends of Bear Creek Park held a ‘yellow-ribbon event’ on Saturday (June 12, 2021), with protesters at 84th Avenue and King George Boulevard and 84th Avenue and 140th Street. People were asked to tie a yellow ribbon in their yard “to celebrate and to show support for our trees in Bear Creek Park.” (Photo: Lauren Collins)
Protesters hold ‘yellow-ribbon’ event at Surrey’s Bear Creek Park

People asked to tie a yellow ribbon in their yard to ‘show support for our trees’

Fleetwood Park Secondary School’s 2021 commencement ceremonies were held over the course of two days, June 10 and 11. Grads went through a small, distanced ceremony in groups of four, with up to four members of the grad’s household. (Photo: Lauren Collins)
Surrey’s 2021 grads find creative ways to celebrate in another year of COVID-19

This year’s Grade 12 students were unable to have any large-scale events

Hundreds gathered at Surrey’s Holland Park Friday (June 11) in memory of the Muslim family killed in London, Ont. on Sunday (June 6). (Photo: Shane MacKichan)
VIDEO: Hundreds gather at Surrey park in memory of victims in London attack

Vigil organized by Committee of Progressive Pakistani Canadians

(Photo: metro creative stock)
Canada India Network Society hosts event on chronic disease

2021 event coincides with International Day of Yoga

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

Two-year-old Ivy McLeod laughs while playing with Lucky the puppy outside their Chilliwack home on Thursday, June 10, 2021. (Jenna Hauck/ Chilliwack Progress)
VIDEO: B.C. family finds ‘perfect’ puppy with limb difference for 2-year-old Ivy

Ivy has special bond with Lucky the puppy who was also born with limb difference

A million-dollar ticket was sold to an individual in Vernon from the Lotto Max draw Friday, June 11, 2021. (Photo courtesy of BCLC)
Lottery ticket worth $1 million sold in Vernon

One lucky individual holds one of 20 tickets worth $1 million from Friday’s Lotto Max draw

“65 years, I’ve carried the stories in my mind and live it every day,” says Jack Kruger. (Athena Bonneau)
‘Maybe this time they will listen’: Survivor shares stories from B.C. residential school

Jack Kruger, living in Syilx territory, wasn’t surprised by news of 215 children’s remains found on the grounds of the former Kamloops Indian Residential School

A logging truck carries its load down the Elaho Valley near in Squamish, B.C. in this file photo. THE CANADIAN PRESS/Chuck Stoody
Squamish Nation calls for old-growth logging moratorium in its territory

The nation says 44% of old-growth forests in its 6,900-square kilometre territory are protected while the rest remain at risk

Flowers and cards are left at a makeshift memorial at a monument outside the former Kamloops Indian Residential School to honour the 215 children whose remains are believed to have been discovered buried near the city in Kamloops, B.C., on Monday, May 31, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Pick a Sunday:’ Indigenous leaders ask Catholics to stay home, push for apology

Indigenous leaders are calling on Catholics to stand in solidarity with residential school survivors by not attending church services

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

The Queen Victoria statue at the B.C. legislature was splattered with what looks like red paint on Friday. (Nicole Crescenzi/News Staff)
Queen Victoria statue at B.C. legislature vandalized Friday

Statue splattered with red paint by old growth forest proponents

Most Read