Most Canadians never give a thought to civil asset forfeiture. That's the odious bit of legal presumption that enables authorities to steal your stuff if they think, no proof required, that you may be up to no good. Then it's up to you to prove your innocence and get your stuff back.
In most cases people never get their possessions back because of the massive expense of fighting their case in court. One of the human rights outrages we seldom talk about in Canada is that our legal system is effectively out of reach to all but the wealthiest Canadians.
"Outlaw biker gangs" have been a useful foil over the years whenever law enforcement is lobbying for more laws and more money to fight organized crime. Everybody knows those guys are bad dudes - just looking at them you know they're hardened criminals, right? Authorities in BC figured they had an open-and-shut case when they seized Hells Angels clubhouses in Nanaimo, Kelowna, and Vancouver.
To the government's dismay, the Hells Angels mounted a thirteen-year-long legal challenge against the seizure of their property. One can only imagine the number of fund-raisers and bake-sales they had to do to raise the money, but it's paid off. Last week the BC supreme court decided in their favour.
This is a great victory for justice and the rule of law. Hopefully the HA will now pursue a legal action against the province to have their expenses reimbursed. Justice demands at least that much.
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