Pubdate: Tue, 17 Oct 2006
Source: Province, The (CN BC)
Copyright: 2006 The Province
Contact:  http://www.canada.com/theprovince/
Details: http://www.mapinc.org/media/476
Author: Keith Fraser
Bookmark: http://www.mapinc.org/find?188 (Outlaw Bikers)

BIKER FEELS PUBLIC'S IRE

Fighting New Organized-Crime Law He Blames For Rudeness, 'Fear, Loathing'

Lawyers for the federal and provincial governments are trying to 
throw out of court a bid by the Hells Angels to overturn a new law 
that targets the motorcycle club.

Hells Angel Rick Ciarniello, spokes-man for the club in B.C., has 
filed a petition in B.C. Supreme Court asking that the federal law 
against organized crime be quashed.

Ciarniello's petition refers to a recent decision in an Ontario court 
finding two Hells Angels guilty of extortion and being part of a 
criminal organization. He says that decision, which is under appeal, 
infringes upon his constitutional rights, has increased the chances 
he'll be arrested and charged, and has forced him to reduce his media 
responses to less than 30 per cent of the calls he receives.

Ciarniello, 61, says he's been rudely treated in supermarket lineups, 
at restaurants and gas stations and his adult children have been 
hounded with questions from friends.

He says he's been stopped by police regularly in Vancouver, Coquitlam 
and Burnaby whereas before he was rarely stopped.

"I have noticed a marked difference in the way that people respond to 
me when I am wearing my colours," he says in his affidavit.

"The mood has gone from friendly and casual to fear, loathing and 
avoidance such that I am now made to feel uncomfortable wearing the 
[Hells Angels] insignia."

Prosecutor Joyce DeWitt-Van Oosten told B.C. Supreme Court Justice 
Bill Ehrcke that Ciarniello's concerns are "minor and non-intrusive" 
and don't rise to the test for a constitutional challenge.

Paul Riley, a federal government lawyer, said that, since Ciarniello 
hasn't been charged, he lacks the proper standing to bring such a petition.

"If Mr. Ciarniello was charged with an offence, he'd be in an 
entirely different position. His rights are not engaged by the 
criminal-organization provisions of the Criminal Code."

Outside court, provincial prosecutor Mark Levitz said that if 
Ciarniello has a complaint, it should be dealt with in Ontario.

There are now three cases involving the organized-crime provision and 
Hells Angels in B.C.

Ciarniello was in court yesterday, wearing a jacket featuring a small 
Hells Angels Vancouver crest.

Arguments by Ciarniello's lawyers are expected to begin today.
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