The Hells Angels have lost in the B.C. Court of Appeal after attempting to stop the province from selling three clubhouses that it seized earlier this year.
It is the latest chapter in a long-running saga regarding the clubhouses in Vancouver, Nanaimo and Kelowna.
The court had ruled in February that the properties would likely be used for criminal activity in the future, and in April, the province replaced the locks there and seized the clubhouses outright.
As the lawyers representing the outlaw motorcycle gang mull a challenge to the Supreme Court of Canada, they went to court to stop the province from selling the properties — which they are allowed to do under the Civil Forfeiture Act.
However, the province’s highest appellate court ruled against them, finding that there was little evidence that the Hells Angels would have suffered “irreparable harm” if the properties were sold.
“The applicants have not established that they will suffer irreparable harm if the stay is not granted,” reads a decision from Justice Ronald Skolrood, posted earlier this month.
“In contrast, I accept that the director [of civil forfeiture] will be subject to ongoing costs and potential liabilities if compelled to preserve and maintain the properties pending the determination of proceedings in the Supreme Court of Canada.”
The case was between the province’s Director of Civil Forfeiture and Angel Acres Recreation and Festival Property Ltd.
CBC News has reached out to the attorney general’s office and the applicants’ lawyer for this story.
16-year legal turmoil
The clubhouses in question are located at 805 Victoria Rd. in Nanaimo, 837 Ellis St. in Kelowna and 3598 East Georgia St. in Vancouver. The province of British Columbia is now on title for all three properties.
Its forfeiture office first moved to seize the Nanaimo clubhouse in 2007, followed by the Kelowna and Vancouver clubhouses in 2012, with the Crown alleging that the properties were linked to extortions, assault and even murder.
The Hells Angels went to court to stop the seizures, and initially won a decision in Supreme Court in 2020. However, that was overturned by the Court of Appeal in February this year.
The B.C. Assessment website shows a total combined value of just over $3 million for the properties.
They are described in the February ruling as fenced and gated, with metal, outward-opening doors to prevent forced entry, extensive security systems and other measures to “prevent police from surreptitiously monitoring” Hells Angels activities.
The B.C. Court of Appeal is the highest appellate court in the province, which means the Hells Angels have to turn to the Supreme Court of Canada if they want the seizure overturned.
In the court’s decision, Skolrood states that the club’s lawyers have filed their application with Canada’s top court already, and a decision on whether it proceeds to a hearing may be forthcoming in the fall.
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