Following more than 10 years of legal proceedings, the Supreme Court of Canada has decided not to hear an appeal from Hells Angels on the forfeiture of three B.C. clubhouses.
The decision comes after the B.C. Court of Appeal overturned a lower court decision on the basis that the clubhouses in Nanaimo, Kelowna and East Vancouver would likely be used in future as “instruments of unlawful activity.”
The case summary said forfeiture of the clubhouses was ordered, adding that the original judge did not interpret the phrase “property that is likely to be used to engage in unlawful activity” correctly and made several errors in his fact-finding.
It added the original judge should have taken certain evidence into account and relied on inescapable inferences that the clubhouses were likely to be used again to help club members commit unlawful acts.
Public safety minister and solicitor general Mike Farnworth says “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.”
