The Attorney General of Ontario applied under the Civil Remedies Act, 2001 for the forfeiture of the proceeds of the sale of six clubhouses used by the Outlaws Motorcycle Club, as well as various seized property including Outlaws paraphernalia, currency, and weapons.
The responding party argued the application was statute-barred and raised several Charter challenges.
The court found the clubhouses were both proceeds and instruments of unlawful activity and ordered the proceeds of their sale forfeited.
The court also ordered the forfeiture of wearable Outlaws paraphernalia, currency, documents, and weapons as instruments of unlawful activity.
The court found that while the forfeiture of wearable paraphernalia infringed s. 2(b) of the Charter, the infringement was justified under s. 1.
The court declined to order forfeiture of decorative paraphernalia, support wear, and 'white power' memorabilia, finding insufficient evidence they were instruments of unlawful activity.
