Criminal-Organization Legislation
and the Hells Angels
In 2005 an Ontario judge ruled that two Ontario men convicted of extortion acted "in association" of a criminal organization - the Hells Angels. Federal organized-crime legislation was enacted in 2001 but the 2005 Ontario decision was the first time it was used against the Hells Angels. Objections of guilt by association lose it's strength when so many cases keep coming before the courts.
Recently this legislation was used against a member of the Hells Angels in East Vancouver but failed. The judge ruled "Under the law, for Mr. Giles to be found guilty of the more serious charge of dealing drugs for the benefit of, at the direction of, or in association with a criminal organization, he would first have had to have been found guilty of possessing cocaine for the purpose of trafficking... The actual evidence against Giles which relates to the possession offence is weak... "
Please note that the reason the case failed was not because the judge over ruled the Ontario decision. The Ontario decision still stands as case law. The reason the case against Giles failed was because there wasn't enough evidence to prove beyond the shadow of doubt that Giles was guilty of possession. It's kind of hard to convict someone of a crime when two other people confess to it. Yet the Kelowna case and the Surrey case are clearly establishing a pattern and Justice Anne is clearly out of her mind.
What the Hells Angels were is not relevant. What the Hells Angels do in other parts of the world is not relevant. What is relevant is what they and their associates do here. If the evidence of criminal activity continues to build here in B.C. then the criminal-organization argument becomes stronger and more plausible. The David Giles case is not the end of the matter. It is not a matter of double jeopardy. In that case the judge felt that the crown did not prove beyond the shadow of a doubt Giles was guilty of possession. That doesn't mean that other cases can't enact the criminal-organization legislation.
Some argue that the Hells Angels are simply a motor cycle club with a few bad apples. Perhaps it was back in the day. However, it appears that one bad apple can spoil a barrel as we are beginning to see more bad apples than good ones. If the Organization doesn't remove it's bad apples then the likelihood of criminal organization legislation being enacted against them will be much more likely in the West Coast as well.
However, the sad reality is that no mater how big and powerful an individual is, we are all human and none of us are bullet proof. The Hells Angels might want to avoid bad publicity but the smaller local gangs sure don't. All it takes is a twelve year old kid with a gun to shoot one of these notorious leaders just to make a name for themselves. If an unknown gang member shot a Hells Angel then that is instant publicity.
That's what we saw in Langley. Leonard Pelletier, an alleged Hells Angel associate's vehicle was shot at by a local gang. According to the Vancouver Sun, Pelletier is a cousin and close associate of Bob Green, a member of the elite Nomads, a sub-group of the Hells Angels. Pelltier claims he is not a member of a gang and boasts that the 856 gang does not exist or at least doesn't exist any more. Yet those bullets do exist and according to the Vancouver Province, Pelletier's criminal record includes a guilty plea to possessing stolen property and dangerous operation of a motor vehicle in 1997. Narcotics charges were stayed. An assault charge was stayed in 2003. Vehicles registered to the family include a Dodge Durango, the Hummer and a 2005 Harley Davidson motorcycle.
Back in the day, someone would join a gang for protection. Now it's like wearing a target and inviting violence. Perhaps colours now come with kevlar vests. Today, that seems to be a natural consequence of gang activity. He who lives by the sword tends to die by the sword.
Chicago Hells Angel Leader Sentenced
