This week, following almost 13 years of litigation, the British Columbia Supreme Court dismissed the Director of Civil Forfeiture's claim for forfeiture of three Hells Angels clubhouses. The Court found the Director failed to prove that it is likely that the Nanaimo, East End or Kelowna Clubhouses, or their contents, will in future be used as instruments of unlawful activity.
The Court also struck down provisions of the Civil Forfeiture Act that authorized seizure of properties because they will likely be used in the future as instruments of unlawful activity. The Court held these provisions are outside of the jurisdiction of the Province to enact because they are properly a matter of criminal law.
Alison Latimer acted as one of a team of counsel for several named defendants in this case.
The full decision is available here.