OFF THE WIRE
Global News: Friday, August 13, 2010
After the province shut down the Hells Angels clubhouse two weeks ago, the owner of the property is fighting back.
Lawyer Jay Prober has been hired to fight the seizure of the home on Scotia Street, which he calls illegal.
"The province doesn't have the same authority. What they're trying to do here is through the back door, they're trying to call it something else but in effect it's criminal law." says Prober.
Manitoba Justice officials and police took control of the house, motorcycles and other possessions under the province's proceeds of crime legislation.
Under the legislation the province can seize property where it's believed criminal activity took place.
Court documents say the clubhouse is alleged to have been used as symbol to rival criminal organizations, recruit new members, as well as a place to conspire and commit unlawful activities.
Prober says the process falls under the "criminal code" which is enforced by the federal government and not the province.
"We have to persuade a judge that's illegal and unconstitutional, it will be an uphill battle." says Prober.
The fight could be a long and expensive.
The supreme court of Canada already shot down another similar court challenge in Ontario last year.
“We’re certainly confident that the law is going to hold up and constitutionally that’s been looked after by the Supreme Court already,” says Criminal Property Forfeiture Unit Director Gord Schumacher.
Brian Schwartz, a constitutional expert at the University of Manitoba, says the case is a lot more complex than that because provincial laws and federal laws can overlap.
"So if you're using a house for criminal activity there’s the criminal law issue, but it is also a property issue." says Schwartz.
Prober plans to file a statement of defense in the coming days.
The province also alleges the owner of the house Leonard Beauchemin, is a known hells angels associate which Prober vehemently denies.
"Well he's not, he never has been, and never will be." says Prober.
