Detective Sergeant Kenneth Davis

The Attorney General of Ontario appealed a Superior Court decision ordering civil forfeiture of a property located at 855 Darby Road, Welland, and associated Hells Angels Motorcycle Club paraphernalia under the Civil Remedies Act, 2001.

The property was owned by members of the HAMC and used as a clubhouse.

The Crown established that mortgage payments were funded in part by dues paid by HAMC members engaged in drug trafficking, and that the property was used as a meeting place where criminal activity was planned.

The Court of Appeal upheld the forfeiture order, finding the property constituted both proceeds and an instrument of unlawful activity, and that the legitimate owner and responsible owner exceptions did not apply.

The Attorney General of Ontario applied for civil forfeiture of a property used as a Hells Angels clubhouse and various Hells Angels paraphernalia under the Civil Remedies Act.

The court found the property was both an instrument of unlawful activity, as it was used as a safe haven to plan crimes, and proceeds of unlawful activity, as its mortgage was paid using dues funded by criminal acts.

The court also found that official Hells Angels paraphernalia were instruments of unlawful activity used for intimidation.

The owners failed to establish the responsible or legitimate owner exceptions.

The court rejected arguments that a prior federal plea bargain rendered the provincial forfeiture clearly not in the interests of justice, and ordered forfeiture of the property and official paraphernalia, along with costs against the owners.