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 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

Comox Valley Operation Christmas Child shoebox drive entering final days

Deadline for donations is Saturday, November 17

Agreement signed to purchase, restore, manage Kus-kus-sum

A memorandum of understanding has been officially signed to purchase, restore and… Continue reading

Cumberland moves one step closer to single-use plastic ban

Council discussed a phased ban, starting with plastic bags and straws

Police investigate liquor store robbery in Courtenay

On Nov. 13 at approximately 12:30 p.m., the Comox Valley RCMP received… Continue reading

School District 71 board sworn in

A new four-year term for the school district Board of Education commenced… Continue reading

People flocking to Vancouver Island city to see hundreds of sea lions

Each year the combination of Steller and California sea lions take over Cowichan Bay

Comox Valley Council of Canadians AGM upcoming

The CV Council of Canadians invites all concerned citizens to join the… Continue reading

Comox Valley Nature invites the public to learn about nature photography

Comox Valley Nature is hosting a public lecture on photography. Join Terry… Continue reading

Talent show: B.C. girl, 8, memorizes entire periodic table

Grade 4 student Maya Lakhanpal heads to B.C. talent show finals with unique talent

B.C. teacher suspended 5 days for touching colleague’s buttocks

Lancer Kevin Price of Chilliwack has handed the retroactive suspension for 2017 incidents

Commercial trucks banned from left lane of Coquihalla

B.C.’s Ministry of Transportation has introduced a new program that hopes to prevent accidents and closures on the Coquihalla Highway.

Black Panther claw, Power Rangers blade among 2018’s ‘worst toys,’ safety group says

The World Against Toys Causing Harm organized announced its 46th annual list in Boston on Tuesday

Threat of extremism posed by proportional representation overstated: academics

As B.C. voters decide on electoral reform, the Vote No side is cautioning that the system would allow extremists to be elected

Investigation underway into reported sexual assault at B.C. naval base

An Oct. 5 allegation is being investigated by Canadian Forces National Investigation Service

Most Read