Case information
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35134
Director of Civil Forfeiture v. Hells Angels Motorcycle Corporation, et al.
(British Columbia) (Criminal) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-10-30 | Appeal closed | |
| 2014-10-29 | Discontinuance of the appeal, (Letter Form), (Electronic version filed on 2014-10-28) | Director of Civil Forfeiture |
| 2014-09-03 | Correspondence received from, Peter Ameerali by fax, re: decision released by the Court of Appeal on August 20, 2014; new lead counsel is now John Hunter, Q.C. | Director of Civil Forfeiture |
| 2013-11-20 |
Order by, CJ, IT IS HEREBY ORDERED THAT: The appeal is adjourned sine die pending a decision of the Court of Appeal for British Columbia. Adjourned Sine Die |
|
| 2013-11-20 | Appeal hearing adjourned, Sine die (previously tentatively scheduled April 23, 2014) | |
| 2013-10-29 | Supplemental document, re: reply of the appellant on the question of jurisdiction, Completed on: 2013-10-29 | Director of Civil Forfeiture |
| 2013-10-24 | Supplemental document, written submissions on the jurisdiction of the Supreme Court of Canada (in response to the letter from the Registrar dated September 27, 2013), Completed on: 2013-10-24 | Hells Angels Motorcycle Corporation |
| 2013-10-22 | Correspondence received from, Ginette Gobeil by fax, re: agrees with position set out by the Appellant with regards to whether this Court has jurisdiction in this appeal | Attorney General of Canada |
| 2013-10-10 | Other book of authorities, (Book Form), in support of the appellant's written submissions on the jurisdiction of the Supreme Court of Canada, Completed on: 2013-10-10 | Director of Civil Forfeiture |
| 2013-10-10 | Supplemental document, (Book Form), written submissions on the jurisdiction of the Supreme Court of Canada (in response to the letter from the Registrar dated September 27, 2013), Completed on: 2013-10-10 | Director of Civil Forfeiture |
| 2013-09-27 | Correspondence (sent by the Court) to, all parties by fax, re: requesting submissions from the parties with regards to the jurisdiction of the Court | |
| 2013-09-27 | Order on motion to state a constitutional question, (by THE CHIEF JUSTICE) | |
| 2013-09-27 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; The motion is dismissed. Dismissed |
|
| 2013-09-27 | Submission of motion to state a constitutional question, CJ | |
| 2013-08-27 | Reply to the motion to state a constitutional question, Completed on: 2013-08-27 | Director of Civil Forfeiture |
| 2013-08-20 | Response to the motion to state a constitutional question, (Book Form), Completed on: 2013-08-20 | Hells Angels Motorcycle Corporation |
| 2013-08-16 | Response to the motion to state a constitutional question, from Richard Kramer by fax, dated August 16, 2013, Completed on: 2013-08-16 | Attorney General of Canada |
| 2013-08-13 | Notice of appeal, Completed on: 2013-08-13 | Director of Civil Forfeiture |
| 2013-08-13 | Correspondence received from, Karen Collins dated Aug 13/13 re: change of counsel (by email) | Attorney General of British Columbia |
| 2013-08-13 | Motion to state a constitutional question, (Book Form), Completed on: 2013-08-13 | Director of Civil Forfeiture |
| 2013-07-09 | Correspondence received from, Pierre Landy by fax, re: order dated Oct. 19/12 made after application (original rec'd July 10/13) | Director of Civil Forfeiture |
| 2013-07-03 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-06-26 | Correspondence (sent by the Court) to, Pierre Landry of Noël & Associés. RE: Return of sealed records as per court order. | |
| 2013-06-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-06-14 | Judgment on leave sent to the parties | |
| 2013-06-13 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Supreme Court of British Columbia, Number 07-4460, dated October 19, 2012, is granted with costs in the cause. The sealed documents filed separately are to be returned to the applicant by the registry, with no order as to costs. Granted, with costs in the cause |
|
| 2013-03-25 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2013-02-04 | Respondent's response on the application for leave to appeal, Completed on: 2013-02-04 | Attorney General of British Columbia |
| 2013-02-04 | Respondent's response on the application for leave to appeal, (Book Form), (CD requested), Completed on: 2013-02-04 | Hells Angels Motorcycle Corporation |
| 2012-12-21 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2012-12-21 | Correspondence received from, Pierre Landry dated December 20, 2012. Re: the status for both AG's have been changed to intervener | Director of Civil Forfeiture |
| 2012-12-20 | Correspondence received from, Pierre Landry dated December 20, 2012. Re: Filing of 3 sealed envelopes | Director of Civil Forfeiture |
| 2012-12-18 | Correspondence received from, Pierre Landry dated December 14, 2012. Re: Explanation of the sealed document | Director of Civil Forfeiture |
| 2012-12-18 | Application for leave to appeal, SCBC order missing - Rec'd on February 21, 2013 - Sealed document filed in three separate envelopes, Completed on: 2013-02-21 | Director of Civil Forfeiture |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Director of Civil Forfeiture | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hells Angels Motorcycle Corporation | Respondent | Active |
| Angel Acres Recreation and Festival Property Ltd., Richard Phillips, Lloyd Stennes, Robert Widdifield, Raymond Bradley Cunningham, Lawrence Dean Bergstrom, Gordon Keith Jones, Randolph Basaraba, Steven Elliott | Respondent | Active |
| Patrick Henry, Alan Murray, Lea Sheppe, Rajinder Singh Sandhu, Ralph MacGregor and Sean Kendall and all others interested in the property | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
Counsel
Party: Director of Civil Forfeiture
Counsel
Brent Olthuis
2100 - 1040 Georgia St. W.
Vancouver, British Columbia
V6E 4H1
Telephone: (604) 891-2401
FAX: (604) 647-4554
Email: jhunter@litigationchambers.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Hells Angels Motorcycle Corporation
Counsel
John C. Adams
7th Floor - 1175 Douglas Street
Victoria, British Columbia
V8W 2E1
Telephone: (250) 385-1411
FAX: (250) 413-3300
Email: pfreeman@cookroberts.bc.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Angel Acres Recreation and Festival Property Ltd., Richard Phillips, Lloyd Stennes, Robert Widdifield, Raymond Bradley Cunningham, Lawrence Dean Bergstrom, Gordon Keith Jones, Randolph Basaraba, Steven Elliott
Counsel
John C. Adams
7th Floor - 1175 Douglas Street
Victoria, British Columbia
V8W 2E1
Telephone: (250) 385-1411
FAX: (250) 413-3300
Email: pfreeman@cookroberts.bc.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Patrick Henry, Alan Murray, Lea Sheppe, Rajinder Singh Sandhu, Ralph MacGregor and Sean Kendall and all others interested in the property
Counsel
John C. Adams
7th Floor - 1175 Douglas Street
Victoria, British Columbia
V8W 2E1
Telephone: (250) 385-1411
FAX: (250) 413-3300
Email: pfreeman@cookroberts.bc.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Attorney General of Canada
Counsel
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 775-6117
FAX: (604) 666-2639
Email: keitha.elvin-jensen@justice.qc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Attorney General of British Columbia
Counsel
Peter Hogg
940 Blanshard Street, 3rd Floor
P.O. Box 9245 Stn Prov Govt
Victoria, British Columbia
V8W 3E6
Telephone: (778) 974-5182
FAX: (250) 387-4262
Email: Rodney.Garson@gov.bc.ca
Agent
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Charter of Rights - Criminal law – Interception of communications – Evidence – Sealed affidavits – Director commencing civil forfeiture proceedings against Respondents based on evidence gathered in criminal investigation - Respondents applying to unseal affidavits filed in support of wiretap authorizations issued in criminal proceedings where Crown not pursuing prosecutions - Does a judge need to consider the merits of opening each packet sealed under s. 187(1) of the Criminal Code independently? - Must the evidence disclose an air of reality to an articulable Charter challenge before a judge can exercise his or her discretion to open packets sealed pursuant to s. 187(1.3) of the Criminal Code? - What factors should a judge take into consideration when exercising his or her discretion to open packets sealed pursuant to s. 187(1.3) for the purposes of a civil action advanced for the benefit of a government actor, and what weight should be given to various factors?
During the course of the Project Halo police investigation into the activities of the Nanaimo Hells Angels Motorcycle Club, the Crown obtained a series of three wiretap authorizations to intercept private communications. The affidavits submitted in support of the applications were the subject of sealing orders. Prosecutions were not pursued by the Crown, however, because there was insufficient admissible evidence to proceed with the criminal charges recommended by the police. Subsequently, the Director of Civil Forfeiture commenced an action pursuant to the Civil Forfeiture Act, S.B.C. 2005, c. 29 seeking forfeiture of the Respondents’ clubhouse and its contents as instruments of unlawful activities. This action was based almost entirely on the fruits of the prior police investigation. Under s. 187(1.3) of the Criminal Code, the Respondents applied for the disclosure of the three affidavits filed in respect of the wiretap authorizations, to support its case in the civil forfeiture action. The Director opposed the application on the grounds of confidentiality and potential privilege.
Lower court rulings
Supreme Court of British Columbia
07-4460
Respondents’ application for disclosure of sealed affidavits granted
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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