CANADA - Flatlined bikers fighting peace bonds

OFF THE WIRE
In the ongoing battle against biker gxxgs, Winnipeg police and federal prosecutors have dusted off a little-used legal weapon, one that targets Hells Angels and their associates even though no crime has been committed.
Police and prosecutors are employing a section of the Criminal Code rarely used in Manitoba to slap peace bonds on nine men with ties to the biker gang and its “friend” club, the Redlined, as part of Project Flatlined, a drug trafficking probe nearly a year in the making.
Last May, gang cops quietly started the investigation, which involved monitoring the phones of alleged dial-a-dealers, uncovering more than 155,000 messages and pages upon pages of chats. Undercover officers made 37 crack-cocaine buys, show court records obtained by the Winnipeg Sun along with photos included in exhibits tabled in court.
During the probe, the Rock Machine and the Hells Angels/Redlined engaged in a turf battle with a string of shootings, firebombings and beatings.
Since mid-March, roughly two dozen alleged gxxg associates have been busted. While most are accused of criminal offences, the cops and the Crown are attempting to restrict the activities of the others who aren’t facing charges.
Similar to a probation order, peace bonds can include certain conditions, like curfews and orders forbidding communication with specific individuals.
Rights groups point out the provision is used when police don’t have sufficient evidence to actually charge someone.
“People who haven’t committed a crime should have freedom,” Abby Deshman, director of public safety at the Canadian Civil Liberties Association, said from Toronto.
“It’s hard enough to decide when someone has committed an offence. Really, you’re asking judges to be clairvoyant.”
But to cops and the Crown, peace bonds are aimed at stopping and crime before it happens. And it’s not new. The provision pertaining to gxxgs has existed in law since 1997. There must be “fears on reasonable grounds that another person will commit ... a criminal organization offence,” the Criminal Code states.
“The goal of the legislation is to prevent future harm — it’s a preventative measure,” federal Crown Geoff Bayly told a recent court hearing for Cory Pinnel, one of the men fighting a peace bond attempt.
In the case of another man, who is a Hells Angel, after the firebombing of a fellow member’s home, police allege he participated in the beating of a rival. The victim told police he was unable to identify the men who did it, police wrote in an affidavit used to support the peace bond.
He is “repeatedly leading the Redlined in a show of force to intimidate the public as well as members of rival gxxgs,” wrote Det. Grant Goulet, a local gang expert.
The man also has a conviction of possessing a handgun. He “acquired it for protection” in the turf war against the Rock Machine, Goulet wrote.
“By allowing (the man) to have contact with the members of the Redlined and Hells Angels, it will provide him with the opportunity to exert influence over the Redlined members and continue to enhance the Redlined and Hells Angels Manitoba chapter’s criminal activities,” Goulet wrote.
That man ultimately agreed to the peace bond. Among other conditions, he is barred from communicating with dozens of gxxg members.
A second associate, described in court documents as a Redlined member, has also agreed.
Others are heading to court to fight the bids

Keeping the Peace
A peace bond imposes conditions you must follow. Conditions a judge can impose include:
• Staying away from particular people or places
• Not carrying weapons
•Not using drugs or alcohol
•Obeying curfews (a specific time of the day after which certain rules apply)
•Reporting regularly to police or a probation officer

Criminal Code — Section 810
According to Section 810 of the Criminal Code:
•The court may order an 810 recognizance (peace bond) for up to 24 months
•No convictions or charges are necessary for a recognizance to be ordered
•Recognizance is supervised like a probation order because of the threat of harm to a community or person it is intended to address.

Consequence of disobeying a peace bond
If you do not obey the conditions of a peace bond, you could be charged with a criminal offence and may be placed on probation for up to three years, fined up to $5,000 and/or sentenced to jail for up to two years. An order placing you on a peace bond is not a criminal conviction, but criminal charges may be laid if you do not follow the conditions.
http://www.winnipegsun.com/2012/04/27/flatlined-bikers-fighting-peace-bonds