A Nova Scotia Supreme Court justice has made a ruling in an ongoing case involving members of the Bacchus Motorcycle Club.
It’s a case that involves articles of clothing, intimidation, recreational motorcyclists and deciding if the club is a criminal organization.
In 2012, a motorcyclists identified by the court as R.M. approached a member of the Bacchus about wearing a “three patch” crest as part of his newly formed hobby motorcycle club.
“Three patches” are closely identified with outlaw motorcycle gangs and usually consist of a top crest with the club name, an insignia and then the area where the club operates, in this case Nova Scotia.
R.M. approached Patrick James, who he believed to be sergeant-at-arms of the Bacchus Motorcycle Club.
James persuaded R.M. to abandon the idea because it would be seen as a provocation and disrespectful to existing “three patch” clubs.
R.M. subsequently went to a “one patch” design to be placed on the back of their leather jackets and discussed that plan with James. The patch would read ” The Brotherhood” and would be associated with the recreational group the Brotherhood Motorcycle Club from Montreal. R.M. thought he had James’ approval for the design.
But at a subsequent meeting, James ordered R.M. to remove the the patches because he said they disrespected the Bacchus.
In an effort to appease the club, R.M. emailed photos to James of club members cutting up their clothing and Brotherhood patches. Bacchus members wanted the cut up patches delivered to them in person, which R.M. arranged.
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About two weeks later R.M. was approached at a charity motorcycle event by members of the Bacchus who threatened him with a beating if he didn’t leave.
The reason for the threat was because of the perceived disrespect over the patch.
R.M. and his wife then went to police for advice, who then launched an investigation into the Bacchus.
The case also involves an individual identified as S.H.
Shortly after buying a Harley-Davidson motorcycle in 2010, S.H. created a fictional motorcycle club and posted a picture of himself on Facebook wearing a Wolverines Nova Scotia patch on his back.
S.H. was visited by members of the Darksiders- a motorcycle club associated with the Bacchus.
The Darksiders told him he couldn’t wear the patch because there was already a club with Nova Scotia on their patch.
S.H. explained he didn’t wear the patch riding and only used it for his Facebook photo. In a series of Facebook text messages, James counselled S.H. on who could or could not wear patches similar to the Bacchus crest.
The crown sought to have the evidence of S.H. used at the trial of James and two other men, Duayne Jamie Howe and David John Pearce, to help establish that the Bacchus is a criminal organization.
Defence lawyers sought to have the evidence excluded.
Justice Peter Rosinski ruled the evidence is provisionally admissible as long as its value outweighs any prejudicial effect on a fair trial for the three accused.
The hearing into the matter was held in May, but the written decision was just released Monday.
Justice Rosinski wrote, ” The conduct of Mr. James in relation to S.H. is relevant and material to whether the Bacchus Motorcycle Club is a criminal organization, and the defendants charged herein are not only members thereof, but whether they were acting in a criminal manner for the benefit of, at the direction of, or in association with that criminal organization.”
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