JUDGE AXES ORGANIZED CRIME LAW

Decision Puts an End to the Prosecution of Hells Angels Cases

VANCOUVER -- A new section of the Criminal Code, under which three
B.C. Hells Angels were charged this year with being members of a
criminal organization, has been struck down by a B.C. Supreme Court
judge.

It was the first time Section 467.13 -- which makes it illegal to
commit an offence while being a member of a criminal organization --
has been challenged in a Canadian court since it became law in January
2002.

B.C. Supreme Court Justice Heather Holmes ruled the law was too broad
and vague, and in doing so has dealt a major body blow to police
efforts in B.C., and possibly across the country, to crack down on
organized crime groups.

"We're disappointed, the troops are a little demoralized," said RCMP
Chief Supt. Bob Paulson, a biker gang expert. "We're kind of set back
now from bringing forward the 'directing a criminal organization charge.' "

Three cases are before the courts in B.C. with charges under this
section, including the case that Holmes ruled on, which has a
publication ban protecting the name of the accused and details of the
alleged crime.

The others are Eric Brendan Montgomery, the alleged ringleader of the
Dark Alley crime group accused of running a Lower Mainland crime ring,
and the high-profile Project Epandora, which targeted 19 alleged Hells
Angels members or associates in July.

B.C. Attorney General Wally Oppal said in an interview Monday that
those charges are now, effectively, wiped off the books.

"As of this time, there is no section under which they can be
prosecuted. That's what the Supreme Court judge has ruled: that the
section is of no force and effect. So, there wouldn't be any charges
that would proceed," Oppal said.

But he noted that any charges the accused in those three cases were
facing under other sections of the Criminal Code would still stand.

In the case of Project Epandora, those include charges under a
related, but less serious section of the code called 467.12, which
makes it illegal to commit an offence in association with a criminal
organization. That section survived a similar court challenge recently
in Ontario.

Oppal said he didn't think Holmes' ruling was disastrous for law
enforcement, saying the federal government could eventually "tighten
up" the definition of a criminal organization under the code.

And he said federal Justice Department attorneys -- who are trying the
case before Holmes because it involves alleged drug offences -- are
deciding whether to appeal. The province may join any appeal, Oppal
said.

He said Holmes' ruling doesn't strike down the law in other provinces,
but her decision could be "persuasive" to other judges considering
similar cases across Canada.