A nearly two-decade-long court battle over the fate of three Hells Angels clubhouses in British Columbia has likely been ended by the Supreme Court of Canada’s refusal to hear an appeal from the biker club.
Members of Hells Angels’ chapters in Nanaimo, Vancouver and Kelowna wanted to fight a B.C. Court of Appeal decision that stripped them of ownership of the clubhouses, and overturned a lower-court ruling in favour of the biker gang.
B.C.’s high court found the original trial judge was wrong to reject a claim under the province’s Civil Forfeiture Act and find “no evidence” that the three Hells Angels’ clubhouses were used for the planning or commission of crimes.
The unanimous ruling issued earlier this year made what it said was the “inescapable” inference that the clubhouses would continue to be used for criminal activity because chapter members had “committed serious crimes” in the past and relied on their clubhouses as a “safe space” to plan or commit criminal acts.
Lawyers for the Hells Angels appealed to the Supreme Court of Canada on grounds including that B.C. had overstepped its powers in allowing certain civil forfeitures, and that the appeal court had “caused unfairness” by “reframing” and “reinterpreting” the case against the organization.
As is customary in its rulings on leave applications, the Supreme Court of Canada has not provided reasons for its dismissal of the case.
On Thursday, B.C.’s solicitor general, Mike Farnworth, issued a statement about the Supreme Court of Canada’s decision to not hear the appeal.
“This decision confirms that the tools we use to combat organized crime are constitutional and put criminals on notice,” said Farnworth.
“My message to those involved in organized crime: We will continue to go after your clubhouses, expensive cars, front businesses and luxury goods. You will not profit from any crime you commit in British Columbia.”
He continued, saying new legislation will allow government “to pursue ill-gotten gains more efficiently — ordering people to explain how they acquired their wealth in cases where there are suspicions that it was generated from criminal activity and then using that information in proceedings to seize assets.”
Farnworth also said, “government is now the rightful owner of these properties and will move to liquidate these properties and use the proceeds to support victims of crime.”
— With files from Global News