ORGANIZED-CRIME LAW TOO 'OVER-BROAD,' COURT HEARS

A new federal law targeting organized crime is so "vague and
over-broad" it could include most any group, including Tamils, Sikhs
and "people interested in Middle East politics," a Hells Angels
lawyer told B.C. Supreme Court yesterday.

Alan Gold of Toronto, representing Vancouver Hells Angel president
Rickey Ciarniello in his bid to quash the law, said there is a
"substantial risk" that any number of organizations besides the Hells
Angels could be targeted under the "unprecedented" Criminal Code provisions.

"You've sent your money and you've joined the Tamil Tigers or you've
joined Hamas," said Gold.

"And then you wake up one morning and find you're a member of a
criminal organization. There's no precedent for that.

"These [Crown] counsel talk as though there is nothing wrong with that."

Ciarniello launched his petition in the wake of an Ontario court
ruling finding the motorcycle club was a criminal organization.

But Gold said, contrary to assertions by the federal and provincial
Crown, Ciarniello's attack is against the legislation, not the ruling.

The Crown lawyers argued that the petition should not be heard
because Ciarniello has no standing and his claims that his rights
have been breached are baseless.

The Crown lawyers have said that since Ciarniello hasn't been charged
with any offences, he can't argue that he has been seriously harmed.

That was an issue that the judge and Gold wrestled with yesterday,
with the judge appearing to side with the Crown lawyers.

Gold insisted that there was no need for a charge since there is what
he called a "legal categorization" or a "government label" that the
club is a criminal organization.

The case continues today.