COURT UPHOLDS LAW USED TO SEIZE HELLS ANGELS PROPERTY

Local Club Member Says They Just Want Their Day In Court

A member of the Nanaimo chapter of the Hells Angels says he's
unimpressed with a Supreme Court of Canada ruling on Friday that
upheld provincial laws that allow police to seize property suspected
to be the proceeds of crime.

The unanimous decision upholds B.C.'s Civil Forfeiture Act, under
which police seized the Nanaimo Hells Angels' Victoria Road clubhouse
in November 2007.

However, Fred Widdifield, a local member of the biker gang, says his
group awaits its day in court.

"We have never gone to trial regarding these trumped-up allegations,"
Widdifield said of the reasons police used to get a warrant, which
resulted in the clubhouse's seizure.

"We still want our day in court. I'm sure the learned judges on the
Supreme Court had their reasons for upholding the province of
Ontario's law but we have never gone to trial yet. We haven't even
got an exact trial date yet but the province has set aside six months in 2011."

Rob Kroeker, the executive director of the civil forfeiture office, a
division of B.C.'s Solicitor General's Ministry, confirmed
Widdifield's assertion.

"There has been no criminal trial regarding that seizure," Kroeger
said. "One is scheduled for sometime in 2011."

There have been numerous court hearings regarding the Crown seizing
control of the Nanaimo clubhouse but they have been civil proceedings, he said.

Friday's Supreme court ruling concerned Robin Chatterje, who
challenged Ontario's Civil Remedies Act as unconstitutional because
it treads on federal jurisdiction over criminal law.

In that instance, police seized a knapsack of cash and paraphernalia
from him in 2003 that they said could be used for a marijuana-growing
operation. He was not arrested because police said they didn't have
enough evidence.

Chatterje's lawyers argued the province's civil law was
unconstitutional because crime is a federal responsibility and that
the Ontario law was outside provincial jurisdiction. The Supreme
Court upheld the constitutionality of the law.

Kroeger said he was confident the court would also uphold B.C.'s law.

"The challenge facing the Supreme Court was whether provinces have
the jurisdiction to enact laws like ours," he said. "The Supreme
Court has determined that provinces do."

Under its civil forfeiture law, B.C. has seized more than $5 million
in cash and property during the past three years.

Widdifield insists police used "minor" incidents to seize the Nanaimo
clubhouse.

"The reason they say they took the house is because we may have,
without a licence, sold beer to our friends," he said. "And there may
have been some illicit drug use on the property or even an assault
but nothing has ever been proven in a court of law."

Kroeger did not want to go into the details of the warrant or the
Crown's allegations facing the Nanaimo Hells Angels but did say that
"yes the sale of beer was one of many allegations in our statement of claim.

"I don't want to comment further on the matter because the case is
yet to be heard before the courts," he said.

During the 2007 raid, "the police came in with their guns drawn and
wearing balaclavas -- it was just like a home invasion," said Widdifield.

"We think it's only fair that our side is told in court. The
right-wing media has bought this lunacy that every member of the
Hells Angel is a criminal and that we are a criminal organization
because the police say so.

"The police can't be the judge, jury and executioner," he said. "We
want our day in court."