B.C. JUDGE STRIKES DOWN SECTION OF GANG LAW

Seen As A Blow To Fighting Organized Crime

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 of the Criminal Code -- which
makes it illegal to commit an offence while being a member of a
criminal organization -- has been challenged in any Canadian court
since it became law in January, 2002.

B.C. Supreme Court Justice Heather Holmes has ruled that the law was
too broad and vague, and violates the Constitution. In doing so, she
has dealt a major 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 Superintendent Bob Paulson, a biker gang expert.

"We're kind of set back now from bringing forward the 'directing a
criminal organization charge.' "

There are three cases before the courts in B.C. with charges under this
section of the Criminal Code: The case that Judge Holmes ruled on --
considered a test case in B.C. for this legislation --which has a
publication ban protecting the name of the accused and details of the
alleged crime; Eric Brendan Montgomery, the alleged ring leader of the Dark
Alley crime group accused of running a Lower Mainland crime ring; and the
high-profile Project Epandora, which targeted 19 Hells Angels members or
associates in July including three full-patch members -- Ronaldo Lising,
John Punko and Randall Potts -- who were charged under Section 467.13.

B.C. Attorney-General Wally Oppal said in an interview yesterday 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," Mr. 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 Criminal Code, 467.12 which
makes it illegal to commit an offence in association with a criminal
organization. That section survived a similar court change recently in
Ontario.

Mr. Oppal did not think Judge 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 Crown attorneys -- who are
trying the case before Judge Holmes because it involves alleged drug
offences -- are deciding whether to appeal the ruling. The province
may join any appeal, Mr. Oppal added.

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

"Parliament had a constitutional duty to make clear the legal basis on
which a person may determine whether or not he or she is one of those
persons [who constitute a criminal organization] and to guide law
enforcement officials in the application of the provisions," Judge
Holmes said in her ruling.

"[Section 467.13] does not provide that basis and accordingly violates
. the Charter."