Even if the Court of Quebec has just ruled for the umpteenth time that the Hells Angels constitute a criminal organization, it is never easy for the authorities to confiscate clothing and objects bearing the effigy of the group.
In an expected decision, a judge of the Court of Quebec on Wednesday ordered the confiscation of the jackets of certain members of the Hells Angels and their school clubs, but not their jewelry yet bearing the image of their group.
The magistrate also ordered the confiscation of sums of money, but not all, because she lacked evidence in some cases, she said.
The clothing, objects and sums of money which the Prosecution demanded for confiscation were seized by investigators from the Sûreté du Québec during an investigation called Orque, which notably targeted a drug trafficking network operating in the Saint-Jean- sur-Richelieu and which came under the Hells Angels of the Trois-Rivières section.
During the investigation, the sleuths raided the premises of the Hells Angels of Trois-Rivières in Saint-Cuthbert on December 7, 2018, surprised members of the organization and their school clubs who were wearing their jacket and jewelry and seized them.
None of these individuals was charged or even targeted at the start of the investigation, but the Prosecution nevertheless requested the confiscation of the assets which it said were “tainted by criminality”.
The Prosecution argued in particular that it is not necessary that the offending property be in the possession of the author of the designated offense and that it does not have to demonstrate that the property is linked to a specific crime.
On the other hand, the Defense argued in particular that the Prosecution must prove the link between the property and a designated offense in the Criminal Code.
promotional tools
Sûreté du Québec biker expert Alain Belleau testified during the proceedings.
Describing his testimony as reliable, Judge Dominique Joly of the Court of Quebec concluded that the Hells Angels are a criminal organization that engages in criminal activities – including drug trafficking -, that the jackets and the logos on the jackets are a tool to promote their criminal activities, that this is “obviously anti-social” and that even if the evidence does not show that a specific criminal act was committed at the time of the search, the goods brought during the meeting are connected to a criminal organization, are colored by criminality and must be confiscated.
On the other hand, regarding the jewelry, pins and belt buckles with the effigy of the Hells Angels seized on the same occasion, the judge said that these items were only given to a member by the organization, which nothing in the evidence shows that they are more than property belonging to a Hells Angels, that they are instead used as objects of “pride and belonging”, and that “belonging to a criminal organization is not a crime in self “.
Adding that the legislator “refused to adopt a bill aimed at criminalizing signs related to a criminal organization”, the judge concluded that there was no proof beyond any doubt that these objects were colored by crime and ordered that they be returned to their owners.
embarrassing dispute
In the rest of her decision, Judge Joly ordered both the confiscation and the return of sums of money.
In particular, it orders the confiscation of a large sum linked to the Hells Angels Pascal Facchino. The evidence was based in particular on remarks made during a stormy argument with his spouse that the investigators intercepted thanks to the listening.
Judge Joly also ordered the confiscation of ready-made Hells Angels jackets and 240 South Section crests seized from the Urban Media business in the LeMoyne sector in Longueuil in December 2018.
On the other hand, it allows the delivery of a large sum of money found in the trade and which it associated with the Hells Angels Frédéric Landry-Hétu.
The Prosecution was represented by Mr.e Han-Catherine Morin and M.e Patrick Ostiguy from Bureau of Serious Crime and Special Affairs while the Defense was provided by Mr.me Mylène Lareau and M.e Marc Antoine Rock.
“We are evaluating the possibility of appealing this decision after analysis and consultations with our customers,” he told The Press Me Mylene Lareau.
Prosecutors said they wanted to analyze the judgment first before reacting.
For its part, the Sûreté du Québec would be satisfied with the judgment according to our sources.
To reach Daniel Renaud, dial 514 285-7000, ext. 4918, write to [email protected] or write to the postal address of The Press.