Hell's Angels clubhouses to remain frozen until forfeiture trial

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 8:00 a.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

Just Posted

Oak Bay police issued these surveillance images after a theft from the Cork & Barrel liquor store. The bottle of stolen whisky was valued at $4,636.99. (Courtesy Oak Bay Police Department)
Suspect swipes $5,000 bottle of whisky from Oak Bay liquor shop

Fiat towed after driver fails field sobriety test

(Black Press Media file photo)
University of Victoria clears parking hurdle for new Indigenous laws building

Oak Bay approves parking variance for new National Centre for Indigenous Laws

Victoria police found and returned this tricycle to a local graphics company after it was reported stolen in downtown Victoria last week. (Photo courtesy of VicPD)
UPDATE: Police find stolen tricycle, return it to Victoria company

The three-wheeler was taken from the 2100-block of Store Street on June 17

Mieran Loira, who works at Moxie’s restaurant on Yates Street, was named a winner in the BC Restaurant and Foodservices Association’s #StandUpForService campaign. (Courtesy Town Hall Brands)
Victoria Moxies server can’t hide her smile, earns provincial kudos for pandemic work

Personality, charisma shine despite masks, coronavirus challenges

Swanwick Ranch in Metchosin, featuring an award-winning home on 67 acres of property overlooking the ocean, recently sold for a record-setting, yet undisclosed amount. (Sotheby’s International Realty Canada photo)
Sale of oceanfront property in Metchosin yields new record for Greater Victoria

Listed at $14.1 million, Swanwick Ranch sold to an undisclosed buyer

A person stands in a tower on the perimeter of the Number 3 Detention Center in Dabancheng in western China’s Xinjiang Uyghur Autonomous Region on April 23, 2021. Human rights groups and Western nations led by the United States, Britain and Germany accused China of massive crimes against the Uyghur minority and demanded unimpeded access for U.N. experts at a virtual meeting on Wednesday, May 12, 2021 denounced by China as “politically motivated” and based on “lies.” THE CANADIAN PRESS/AP-Mark Schiefelbein
VIDEO: Trudeau demands truth from China about Uyghurs

PM says Canada has admitted broken Indigenous relationship, unlike China on Uyghurs

CELEBRATING INDIGENOUS PEOPLES DAY
Council members and witnesses from the Hupacasath First Nation, left, and Tseshaht First Nation, right, prepare to raise their respective flags in front of Port Alberni City Hall on Monday, June 21, 2021. The flags will permanently fly as part of the city’s reconciliation work. See more coverage from the flag raising ceremony on page A5. (SUSAN QUINN/ Alberni Valley News)
Vancouver Island First Nations flags to fly permanently at city hall

Addition of flags are one Port Alberni response to reconciliation

Kelowna Mayor Colin Basran, middle right, participates in a ribbon-cutting ceremony in honour of the launch of Kelowna’s plasma donor centre at Orchard Plaza Mall on June 22. From left to right: Canadian Blood Services’ business development manager Janna Pantella, Canadian Blood Services’ operational excellence manager Tyler Burke, Kelowna Mayor Colin Basran and Canadian Blood Services’ centre manager Janine Johns. (Aaron Hemens/Capital News)
B.C.’s first dedicated plasma donor centre opens in Kelowna

The Kelowna location is the third dedicated plasma donor to open in Canada

Children walk with their parents to Sherwood Park Elementary in North Vancouver for the first day back to school on Sept. 10, 2020. THE CANADIAN PRESS/Jonathan Hayward
Study reassures parents, teachers that COVID-19 infrequently shared at school

Federally funded study in Vancouver finds risk in the classroom and in the community identical

Conservative MP Kevin Waugh rises during Question Period in the House of Commons Tuesday April 13, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Single-game sports betting about to become legal in Canada

Senate passes bill to take sports gambling away from overseas agencies

Point Roberts is part of the mainland United States but not physically connected to it, to reach the community by land one must pass through Canada. THE CANADIAN PRESS/Darryl Dyck
Closed Canadian border leaves Point Roberts’ only grocery store on verge of closure

‘We’re Americans but we’re not attached to America. It’s easy to forget we’re here,’ says owner Ali Hayton

The Somass Sawmill sits idle in early May 2021. While the kilns have been in use occasionally, and the lot has been used to store woodchips this spring, the mill has been curtailed since July 27, 2017. (SUSAN QUINN/ Alberni Valley News)
Port Alberni to expropriate Somass Sawmill from Western Forest Products

Sawmill has been ‘indefinitely’ curtailed since 2017

Robin Sanford and her fiance Simon Park were married in an impromptu ceremony at Abbotsford Regional Hospital on June 16. (Submitted photo)
Mom dies day after witnessing daughter’s hospital wedding in Abbotsford

Nurses help arrange impromptu ceremony in 3 hours for bride and groom

B.C. Finance Minister Selina Robinson with Premier John Horgan after the budget speech Tuesday, April 20, 2021. THE CANADIAN PRESS/Chad Hipolito
B.C. home owner grant won’t be altered, despite expert advice

Tax break for residences worth up to $1.6 million too popular

Most Read