Pubdate: Fri, 04 Feb 2005 Source: Province, The (CN BC) Copyright: 2005 The Province Contact: http://www.canada.com/vancouver/theprovince/ Details: http://www.mapinc.org/media/476 Author: Joey Thompson Bookmark: http://www.mapinc.org/find?188 (Outlaw Bikers) 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. - --- MAP posted-by: Beth