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. - --- MAP posted-by: Beth Wehrman