Hell’s Angels clubhouses to remain frozen until forfeiture trial

Supreme Court rejects sale overture about properties in Nanaimo, Kelowna and Vancouver

  • Jul. 25, 2016 7:00 p.m.

Use of the Nanaimo Hell’s Angels clubhouse remains under the control of the province, along with two other B.C. clubhouses, the B.C. Supreme Court has ruled.

In a decision released July 14, Justice Barry Davies concluded that motorcycle club assets including the clubhouses in Nanaimo, Kelowna and the east end of Vancouver will remain frozen until the conclusion of a trial scheduled for May of next year.

In a case that has been before the courts in one form or another for nearly nine years, lawyers for the motorcycle club had been seeking clarification on whether it could sell each clubhouse and keep the proceeds. In the process, they hoped to eliminate the need to send the matter to trial by eliminating the possibility the property could be used for future unlawful activity.

“In my opinion, a Special Case decision on the hypothetical issue now raised by the applicant defendants would neither advance the litigation efficiently nor save expense for either the parties or the Court,” Davies wrote while denying that option.

“Past history persuades me that if the applicants were successful, an appeal would be inevitable. If they were not successful, the time and resources expended on the application would be wasted and could also result in an appeal. In either case the pending trial date would almost certainly be lost.”

He granted an “interim preservation order” over the Kelowna and Vancouver properties similar to a pre-existing order on the Nanaimo property, dictating the conditions of use, maintenance or sale of each prior to the May trial.

That trial will decide whether the B.C. Civil Forfeiture office was justified in a pair of actions: the 2007 decision to seize the Nanaimo clubhouse and its contents as likely future “instruments of unlawful activity,” followed by a similar order in 2012 relating to club assets in Kelowna and Vancouver.

The motorcycle club has challenged each action as unconstitutional.

— Black Press

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Bowser attic blaze contained by fire crews

Early-morning stove fire spread to attic

The Old Schoolhouse Arts Centre in Qualicum Beach to re-open on Aug. 11

Hours are Tuesday to Saturday, from 11 a.m. to 3 p.m.

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?

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

Missing teen visiting Courtenay found safe

She had last been seen going for a walk on Aug. 6

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

Fitness non-profit challenges citizens to invent a game to be physically active

The campaign was launched after a study showed only 4.8 per cent of children and youths in Canada met required standards of the 24-hour movement guidelines

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

Island MP says fish harvester benefit needs a wider application window

Courtenay-Alberni’s Gord Johns requests expanded application period for fish harvester benefits

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