Province moves to blacklist bikers

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This article was published 17/05/2013 (4630 days ago), so information in it may no longer be current.

Manitoba justice officials have filed an application to have the Hells Angels Motorcycle Club declared a criminal organization to speed up court actions such as the seizure of property obtained by crime.

Justice Minister Andrew Swan said the initiative against the Angels, begun Thursday, is believed to be the first of its kind in North America.

By including the biker gang on a list of criminal organizations, justice officials would no longer have to repeatedly establish this fact when undertaking proceedings under the Criminal Property Forfeiture Act and other provincial laws.

‘My director described it as having to go into court time and time again to prove that water is wet or that rocks are hard’

— Justice Minister Andrew Swan, of Manitoba justice officials’ bid to have the Hells Angels declared a criminal organization

“My director described it as having to go into court time and time again to prove that water is wet or that rocks are hard,” Swan said Thursday.

The listing could not be used in the prosecution of bikers under the federal Criminal Code, he said. But it would make it easier and less time-consuming for Crown attorneys and investigators to go after defendants in provincial proceedings.

For a criminal organization to get listed, justice officials must jump through many hoops. The provincial cabinet decides whether to list a group.

The targeted group must meet the Criminal Code definition of a criminal organization and consist of at least three members. A Manitoba justice director would apply to the minister to list the alleged criminal organization.

The next step involves publishing a public notice of the application in newspapers and on the Justice Department website. Members of the target group will be given the case summary and told they can file objections in writing.

Then an external review panel is convened to assess the information. It consists of at least three people appointed by the minister who cannot be government employees or police officers. The panel determines whether there are reasonable grounds to believe a group is a criminal organization and makes a recommendation to the minister.

Swan said he informed federal Justice Minister Rob Nicholson of the new initiative Wednesday morning. He expects other provinces will watch the Manitoba proceeding with interest.

The Hells Angels is the first group to be targeted under the initiative, which was made possible by a regulation under the Manitoba Evidence Act.

Three years ago, the province launched court action to seize the Angels’ former clubhouse at 2679 Scotia St. under the Criminal Property Forfeiture Act.

Property used in, and proceeds from, unlawful acts may be forfeited to the government by order of the court. Proceeds from the sale of forfeited property are placed in a fund to support activities such as compensating victims of criminal activity and promoting safer communities by funding programs that reduce or prevent crime.

The seizure case against property owner Leonard Beauchemin is unsettled before the courts. Officials believe it could be wrapped up by the fall.

 

— with files by Bruce Owen

larry.kusch@freepress.mb.ca