Supreme Court of Canada ends Hells Angels' 16-year legal battle to prevent sale of seized clubhouses in B.C.

The Supreme Court of Canada has put an end to the Hells Angels' legal fight to reclaim clubhouses in Kelowna, Nanaimo, and Vancouver.

This lengthy legal skirmish began in 2005 when law enforcement officers raided the clubhouses. The British Columbia Director of Civil Forfeiture had been battling in courts to keep the properties, arguing that they were being used as instruments of illegal activity. The motorcycle club had been attempting to prevent the forfeiture of their properties, asserting that the seizures were unconstitutional.

A B.C. Supreme Court ruling from 2020 allowed the motorcycle club to keep its clubhouses in Nanaimo, East Vancouver and Kelowna, ruling that part of the Civil Forfeiture Act relating to future crimes was unconstitutional. However, on appeal, B.C.’s highest court overturned the lower-court’s ruling, ordering the clubhouses forfeited as “instruments of unlawful activity.” The Court of Appeal found that the clubhouses “were likely to be used in a way that enhanced or facilitated the engagement by members of the relevant chapters in unlawful activity” and “therefore constituted ‘instruments of unlawful activity’ in accordance with the future use definition and were subject to forfeiture.”

Lawyers for the Hells Angels appealed the B.C. Court of Appeal decision 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.

However, the Supreme Court refused the Hells Angels’ leave application. For those unfamiliar with the court processes, a refusal to grant leave does not mean the Supreme Court has endorsed or agreed with every aspect of the lower court's reasoning. Rather, it simply indicates that the Supreme Court did not see any significant national importance in the issues raised by the case, or it felt that the case did not warrant further review.

Nevertheless, the decision will likely embolden the Civil Forfeiture Office in British Columbia to continue to aggressively pursue civil forfeiture. Mike Farnworth, B.C.’s solicitor general and public safety minister, said in a statement: “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.”

Mr. Farnworth also said the B.C. government will now sell the clubhouses “and use the proceeds to support victims of crime.”

If you are concerned about how civil forfeiture laws might impact you or your assets, it's essential to stay informed and seek expert legal advice. Whether you believe your property is at risk or you've already been targeted by a civil forfeiture action, consulting with a specialized law firm like ours, with extensive experience in this niche area, is crucial.

Remember, civil forfeiture is a complex area of law that often intertwines with criminal proceedings. Navigating its intricacies requires deep understanding and expertise.

For more information or to schedule a consultation, please visit our website.