The Supreme Court of Canada has declined to hear an appeal from the Hells Angels regarding properties seized from the motorcycle gang in Kelowna, Nanaimo, and Vancouver, British Columbia. The country’s highest court rejected a leave to appeal from Angel Acres Recreation and Festival Property Ltd., which aimed to contest a lower court’s decision in British Columbia stating that the clubhouses would likely be used for criminal activities in the future.
The Supreme Court’s decision grants approval for the province to proceed with the sale of the three properties, which were seized and had their locks changed in April. This ruling brings an end to a 16-year legal battle surrounding these clubhouses.
Lawyers representing the Hells Angels had gone to court to prevent the province from selling the properties, an action permitted under the Civil Forfeiture Act, which was enacted in British Columbia in 2006. This act is designed to prevent individuals from benefiting from illegal activities or using property in ways that may harm others.
The forfeiture office of British Columbia initially moved to seize the Nanaimo clubhouse in 2007 and attempted the same with the Kelowna and Vancouver clubhouses in 2012. These properties were equipped with extensive security measures, including fences, gated entry, metal doors designed to resist forced entry, and surveillance systems to protect the privacy of Hells Angels’ activities.
The combined assessed value of the properties on the B.C. Assessment website is just over $3 million.
The Hells Angels initially won a decision in B.C. Supreme Court in 2020 to prevent the seizures. However, this ruling was overturned in February by the B.C. Appeal Court, which found little evidence that the gang would suffer “irreparable harm” if the properties were sold.
As a result of the Appeal Court’s decision, the civil forfeiture office announced its intention to return the contents and belongings in the three clubhouses, as they were not subject to forfeiture, and then proceed with selling the properties.
British Columbia’s Minister of Public Safety and Solicitor General, Mike Farnworth, expressed satisfaction with the Supreme Court’s decision, highlighting the effectiveness of measures like the forfeiture act in combating organized crime. He reiterated the province’s commitment to pursuing the assets of those involved in organized crime and using the proceeds to support victims and crime prevention initiatives.
The province has generated $129 million in civil forfeiture seizures and sales since the enactment of the Civil Forfeiture Act in 2006, with $66 million allocated for crime prevention, grants, and victim compensation. Farnworth also mentioned the newly proposed legislation, which would require individuals to explain the source of their wealth when suspicions of criminal activity arise, potentially leading to the seizure of property and support for victims.
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