Hells Angels lose in B.C. Court of Appeal after attempt to stop sale of seized clubhouses

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. 

In a statement, a spokesperson for the province's solicitor general said the civil forfeiture office (CFO) is returning the contents and belongings in the three clubhouses, as those were not subject to forfeiture.

"[The] CFO is preparing to liquidate the properties in accordance with the Civil Forfeiture Act, and under the authority of the recent B.C. Court of Appeal decision," the statement reads. "The procedure followed by the Director of Civil Forfeiture to take possession of and sell forfeited property is dependent on the unique circumstances of each case."

A lawyer for the applicants, Gregory DelBigio, refused to comment on the latest decision as the case is still before the courts.

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.

The Crown has alleged that the properties were linked to extortions, assault and even murder, with the spokesperson for the public safety ministry reiterating that the government would continue "going after" the houses, cars and luxury goods of "organized criminals."

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.