ANTI-GANGSTER LAW DIFFICULT TO PROSECUTE

Infiltrating Criminal Groups Costly And Time-Consuming

Having deployed a 100-member RCMP posse for the better part of two years to
flush out any sinister elements in local Hells Angels dens, it seems
arresting officers have come up short.

Instead of thwacking suspected Angels bosses with a stack of anti-gangster
charges that could put them out of commission and cripple a lawless
organization, RCMP settled for drug and firearm charges that aren't apt to
fetch a lot of time.

And I'll hazard a guess why: Complex and daunting anti-gang provisions.
While little has been said about Section 467.1 of the Criminal Code, which
is aimed at toppling those who stray to the dark side, the fact is B.C.
still awaits its first prosecution under this law.

So far, only two suspects have been charged with criminal organization
offences despite reports that B.C. hosts the wealthiest Angels club in
Canada and is awash with hoods and gangsters. An alleged Angels associate
arrested in 2003 faces trial mid-month. There's no trial date yet for the
other accused.

The fact is, despite changes in 2002 to streamline the requirements, the
Criminal Code still holds law enforcers to a near impossible standard of proof.

"It's much too restrictive to be useful," said a Mountie, following the
recent indictment of the 10 Vancouver and Prince George bikers on numerous
drug and weapons charges -- but no gangster offences.

To make criminal organization claims stick, police and prosecutors must
overcome an array of evidentiary hurdles requiring deep infiltration of a
gang and massive wiretapping or surveillance initiatives that are often
fodder for defence challenges.

First, the Crown prosecutor has to prove it is a criminal organization
beyond a reasonable doubt. This means proving that criminal activity is a
significant part of the group's activities and that participants stand to gain.

"Benefit to the group is key in making a group a criminal organization,"
wrote a prosecutor in B.C.'s Organized Crime Unit who published a paper on
the law.

Having leaped that hurdle, the Crown's work really begins. Now he or she
must prove the crime was committed at the direction of, for the benefit of,
or to further the organization's criminal acts.

"Just because a member commits a crime doesn't mean he did it for the
club," said the prosecutor. "We have to establish beyond a reasonable doubt
the link between the member, the crime and the organization."

Groups such as the Hells Angels -- with seven chapters here -- hotly
contest claims that their clubs are crime dens. And they've got plenty of
resources to dispel the bad press. After all, being branded a criminal
organization jeopardizes a group's liberal access to liquor and gun
licences, bank activities and other legit business activities.

Provinces that have secured anti-gangster convictions admit they can be
difficult and costly to prosecute -- and the ends don't always justify the
means.

While the code provides for hefty maximum jail time to be served
consecutively (in addition to other penalties), it doesn't mean judges
follow suit.

A so-called landmark Quebec case netted four gang drug dealers less than
four years. Yet the public cost to prosecute was more than $5 million,
including a two-year investigation by dozens of officers, many of whom had
to be pulled off of other important cases.

Successful prosecutions are a long shot, no matter how much they cost. The
challenge for law enforcers is to prove that the investment is worth the return.