A B.C. Supreme Court judge has rejected a City of Surrey attempt to have a Hells Angels chapter clubhouse closed down.
The city had sought a declaration from Justice Ardith Walkem that the defendants, landlords Gurbinder Singh Johal, Kulwant Kaur Johal and Hells Angel member Shannon Rennie, have contravened a zoning bylaw by operating a clubhouse or assembly hall for the Hardside Chapter of the Hells Angels on a 18068-96 Ave. property zoned for single family residential use.
“The defendants argue that the City of Surrey's actions are, in effect, an attempt to use the zoning bylaw to target the Hells Angels for activities that, if done by other groups such as the boy scouts — or a book, bridge or video game club — would be unremarkable and not targeted for prohibition,” Walkem said.
The Aug. 2 decision released Oct. 1 said the city sought an order granting a permanent mandatory injunction prohibiting the defendants, their agents, occupiers, or anyone else from using the property as a clubhouse.
What the city sought included:
• holding meetings, gatherings, or events involving the Hells Angels or its affiliates;
• having any Hells Angels signage, paraphernalia, patches, insignia, or other designation on the exterior of the property or inside any buildings on the property; and
• conducting any activity relating to the operations or affairs of the clubhouse.
Hardside chapter since 2018
The city later removed the request for an injunction against having the defendant, or the other people listed, having any Hells Angels signage, paraphernalia, patches, or insignias inside any buildings on the property and only restricting that remedy request to the exterior of the property.
The building is owned by the Johals and rented to Rennie.
The tenancy started as a five鈥憏ear lease, and when that time expired, the tenancy continued. The lease was for use as a residential tenancy and is governed by residential tenancy laws.
“No one is living in the property,” Walkem said.
“It is being used as a clubhouse for the Hardside Chapter of the Hells Angels and has been since 2018. There are no outside signs or markings indicating that the property is used as a Hells Angels clubhouse.”
Rennie's response to the city’s civil claim pleaded the clubhouse is not being used for unlawful purposes and is used for members to assemble, socialize and discuss matters related to the chapter's affairs, Walkem said.
The city argued zoning does not permit the use of the property for a clubhouse or an assembly hall.
Charter rights
The defendants argued there are significant constitutional issues needing to be determined in the case.
“They further argue that there are credibility issues and questions about interpretation of the zoning bylaw which result in a situation where the court cannot find the facts necessary to decide on the materials before it, and further that it would be unjust to decide summarily,” Walkem said.
The judge said she had serious reservations about what the city was seeking.
“The breadth of the activity the injunction seeks to prohibit, such as holding meetings or conducting activities for a particular group, or having signage or paraphernalia for a particular group does, on its face, engage Charter rights,” Walkem said.
“On the record before me, such a breadth of activity has not been demonstrated to be prohibited under the bylaw.”
She declined to make a judgment on the case.
“I am not able to find the facts necessary to decide the issues of fact and law,” Walkem said. "And further, I find it would be unjust to decide the issues on this application.”
