B.C. JUDGE QUASHES FEDERAL ANTI-GANG LAW

Term 'Criminal Organization' Too Broad

RCMP say a B.C. judge's decision to quash federal anti-gang
legislation is "deeply disappointing" and is a blow to the fight
against organized crime.

In a ruling released yesterday, B.C. Supreme Court Madam Justice
Heather Holmes struck down a section of the Criminal Code that allowed
police to pursue the leaders of Hells Angels and other organized crime.

The judge agreed with submissions from defence lawyer Matthew
Nathanson that the law was too vague and broadly defined and could
apply to practically any group of Canadians.

But RCMP Supt. Bob Paulson, who handles major biker-gang prosecutions,
said the quashing of Section 467.13 takes away the ability to target
leaders of organized crime.

"It's demoralizing for the troops who have worked long and hard at
altering their approach to taking on these groups," he said. "We've
had some momentum built in that regard and it's a show-stopper."

Attorney-General Wally Oppal, whose ministry intervened in support of
federal prosecutors arguing to uphold the law, said he was "quite
concerned" but would await a decision on an appeal by the Justice Department.

"It has a huge impact on our prosecutions. It has a huge impact in
this province. We have laid a number of charges under this section of
the code."

He was referring to three members of the Hells Angels who were charged
under the same law this summer and now, at the very least, likely will
see some delays in the processing of their cases.

Lyse Cantin of the Justice Department said federal officials are
considering an appeal.

The case relates to a man, assisted by another man, who allegedly ran
a drug-trafficking operation from a pub in Vancouver and used violence
and intimidation to keep others in line.

The man, who cannot be named by order of the judge, was charged with
being a leader of a criminal organization and faced a maximum penalty
of life in prison.

But Nathanson argued that the definition of "criminal organization"
was too broad.

The judge agreed that the law fails to describe the area of risk that
citizens face and exposes them to very serious consequences that go
well beyond what Parliament had in mind.

She cited examples of groups that theoretically might be charged by
police under the law.

"For example, a martial-arts teacher socializes with and gives regular
martial-arts lessons to members of a known criminal gang who, the
teacher knows, use the learned technique in their beatings of
non-compliant gang members," said the judge. "On what basis is the
teacher to determine whether he or she is also a member of the 'group'
that is the criminal organization?"

Outside court, Nathanson said the law covers "everything under the
sun" -- including an environmental group spiking trees and disaffected
teachers setting up an illegal picket line.