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CEIC-R-3616 : R. C. Lindsay 2005 Canlii 24240

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CEIC-R-3616 : R. C. Lindsay 2005 Canlii 24240 COURT FILE NO.: 022474/01 022474/02 DATE: 20050630 ONTARIO SUPERIOR COURT OF JUSTICE B E T W E E N: ) ) HER MAJESTY THE QUEEN ) Mr. W. G. Cameron, Ms. L. Salel and Mr. ) R. Schwartz 2005 CanLII 24240 (ON SC) ) ) ) ) - and - ) ) ) STEVEN PATRICK LINDSAY and ) Mr. S. Skurka, Mr. V. Rondinelli and Ms. ) M. Bojanowska, for Steven Patrick Lindsay RAYMOND LAWRENCE BONNER ) Mr. J. Irving and Mr. B. Grys, for Raymond ) Lawrence Bonner ) ) ) ) ) )HEARD: September 7, 13, 14, 20, 21, 22, ) 23, 27, 28, 29, October 4, 5, 6, 12, 13, 18, ) 19, 21, 22, 25, 26, November 1, 2, 3, 4, 8, 9, ) 10, 22, 23, 24, 25, 29, 30, December 1, 2, 8, ) 9, 13, 2004, January 5, 11, 31, February 1, ) 2, 3, March 15, 16, 17, 18, 2005 REASONS FOR JUDGMENT PURSUANT TO S. 486(3) OF THE CRIMINAL CODE, THE IDENTITY OF THE COMPLAINANT AND ANY INFORMATION THAT COULD DISCLOSE THE IDENTITY OF THE COMPLAINANT SHALL NOT BE PUBLISHED IN ANY DOCUMENT OR BROADCAST IN ANY WAY. - 2 - FUERST, J. 2005 CanLII 24240 (ON SC) - 3 - TABLE OF CONTENTS INTRODUCTION 6 PART I: THE EXTORTION CHARGE 6 A. The Participants 6 B. Mr. M.'s Business Dealings with Christopher Maskell 7 C. Emerging Problems 9 2005 CanLII 24240 (ON SC) D. The Visit on January 23, 2002 11 E. Mr. M.'s Reaction 13 F. The Involvement of the Police 15 G. The Events of January 30, 2002 19 H. The Meeting on January 31, 2002 19 I. The Arrests of Mr. Lindsay and Mr. Bonner 22 J. The Positions of the Parties 24 K. The Offence of Extortion 29 L. Analysis 31 Testimonial Inconsistencies 31 Contradictions of Mr. M.'s Testimony 33 Memory Lapses 36 The Existence of Confirmatory Evidence 36 The Scheme Alleged by Defence Counsel 40 M. Findings 42 Steven Lindsay 42 Raymond Bonner 44 N. Conclusion 46 PART II: THE “CRIMINAL ORGANIZATION” OFFENCE 47 A. Introduction 47 - 4 - B. The Evidence of Staff Sergeant Jacques Lemieux 47 Qualifications 47 Background Materials 50 Overview of The Hells Angels Motorcycle Club 50 Movement into Canada 51 Structure of the HAMC 52 The Chapter 53 58 Rules 2005 CanLII 24240 (ON SC) Protection of Symbols 60 Territoriality 61 Security 63 Cooperation with Law Enforcement 67 Leaving the Club 68 Canada and the World 68 Members and Associates in Jail 69 Expansion into Ontario 70 Expansion in Western Canada 74 Puppet/Support Clubs 76 Concerns About Other Clubs 79 Intercepted Communications of William Miller 84 The Reputation of the HAMC 89 Opinion 89 C. The "War" in the Province of Quebec 91 D. The Evidence of Sergeant Pierre Boucher 92 E. The Evidence of Detective Sergeant Benôit Roberge 95 Qualifications 95 Overview of the HAMC in Quebec 98 The Membership Process 99 Relationship with Law Enforcement 101 - 5 - The Chapter 101 Rules 103 Clubhouses 103 Reputation of the HAMC 104 Puppet Clubs 105 The Rockers 106 The "Biker War" 108 109 Expansion of the HAMC into Ontario 2005 CanLII 24240 (ON SC) HAMC Alliances During the "Biker War" 110 Dany Kane 111 The End of the "Biker War" 116 Opinion 117 F. The Evidence of Guy Ouellette 117 Qualifications 117 Mr. Ouellette's Fee 121 Structure of the HAMC 121 HAMC Paraphernalia 123 History of the HAMC in Canada 124 The Use of Puppet Clubs 129 The "War" in Quebec 129 Expansion into Ontario 130 Relationship between the HAMC and the Rock Machine 136 The Creation of HAMC Chapters in Ontario 140 Revitalization of the HAMC in Quebec 155 Opinion 155 Testimony in Other Cases 157 Mr. Ouellette's Media Comments 158 G. The Evidence of Dr. Howard Abadinsky 162 Qualifications 162 - 6 - The Characteristics of Criminal Organizations 163 Application of the Characteristics to the HAMC 166 Opinion 170 The Hells Angels in Ontario 170 H. The Positions of the Parties 171 I. Analysis 176 Overview 176 178 The Expert Evidence 2005 CanLII 24240 (ON SC) The Scope of the Group 183 The Facilitation of One or More Serious Offences 184 (a) The Operational Structure and Tenets of the Organization 185 (a.1) The Chapter 185 (a.2) Membership 187 (a.3) Personnel 189 (a.4) The Clubhouse 190 (a.5) Security of Information 191 (a.6) Control Over Corporate Assets 192 (a.7) The Use of Support Clubs 192 (a.8) Communication and Collaboration Among Chapters and Members 194 (a.9) A National Fund 197 (a.10) Summary 197 (b) Deliberately Fostered Reputation for Violence 197 (c) Territoriality 201 (d) Ability to Perpetuate Itself 207 (e) The Ontario Chapters 207 The Commission of One or More Serious Offences 213 In Association With 219 J. Conclusion 220 - 7 - RESULT 221 2005 CanLII 24240 (ON SC) - 8 - INTRODUCTION [1] Steven Patrick Lindsay and Raymond Lawrence Bonner are members of the Hells Angels Motorcycle Club. Following an investigation by the police, they were arrested on January 31, 2002. They are jointly charged with the offence of extortion. They also are jointly charged with the offence of committing extortion for the benefit of, or at the direction of, or in association with a criminal organization. Mr. Bonner alone is charged with breach of recognizance. 2005 CanLII 24240 (ON SC) PART I: THE EXTORTION CHARGE A. The Participants [2] In January 2002 M.M. lived with his wife and two sons in a quiet residential community. Their house was located at the end of a dead-end street, immediately beside a park. [3] Mr. M. sold satellite television equipment. Satellite systems initially were unavailable in Canada, so he imported repossessed systems from the United States, fixed them up and sold them. After about a year, he started selling new systems. A system consisted of a receiver, a remote control, a card, and a dish. The dish received the signal, and the receiver processed it and displayed it on television. The card was needed to access programming. It had to be activated to work. [4] The source of the signal for the satellite provider Direct TV was in the United States. Direct TV activated cards for its subscribers, who paid a monthly fee. [5] Mr. M. created a device that enabled him to program cards so that they were activated without the customer paying the monthly subscription fee to Direct TV. He recognized that this was dishonest, but contended it was not illegal because of the unsettled state of the law at the time. - 9 - [6] Direct TV sent out a signal from time to time that rendered such unauthorized cards inoperable. When that happened, Mr. M. fixed customers’ inoperable cards so that they would work again. [7] In January 2002 Steven Lindsay and Raymond Bonner were both full members of the Hells Angels Motorcycle Club. They belonged to the Woodbridge chapter. Mr. Lindsay also was known by his club name “Tiger”. Mr. Lindsay had been a full member, and Mr. Bonner a prospect member of the Para-Dice Riders Motorcycle Club, prior to December 29, 2000, when they joined the Hells Angels. 2005 CanLII 24240 (ON SC) [8] It was admitted that on January 23 and 31, 2002, Mr. Bonner was bound by a condition of a recognizance to keep the peace and be of good behaviour. B. Mr. M.’s Business Dealings with Christopher Maskell [9] Mr. M. met Christopher Maskell in late 1997 or early 1998. After several meetings, he traded one of the programmer devices to Mr. Maskell in return for circuit boards. [10] Mr. M. put together a box that activated cards so that programming for another American satellite provider, Dish Network, could be accessed without payment of a subscription fee. Internet software was available that would do the same thing, but it was hard to use. The activation box was user friendly. Mr. M. made four such boxes. The hardware for a single activation box cost him $200. About two hours of labour was involved in creating a box. [11] Mr. Maskell saw Mr. M. use one of the boxes, and wanted to buy it. Initially Mr. M. did not want to sell the box. He told Mr. Maskell that all the cards would become inoperable at some point because Dish Network could disable them, and he could not fix them once that happened. Eventually he agreed to sell one box to Mr. Maskell for $20,000. Mr. Maskell did not have the cash. He gave equipment and cards to Mr. M., and agreed to pay him $8000 cash in addition. This was the biggest sale that Mr. M. had made to that point. He did not agree that it represented a “ripoff” of the purchaser. - 10 - [12] On the evening of December 23, 2000, he met Mr. Maskell at the Barrie Drive-In. Mr. M. arrived first because he had to set up equipment to demonstrate that the box worked. Mr. Maskell arrived with two young men and an older man. Mr. Maskell got into Mr. M.’s truck. Mr. Maskell told him not to talk about money with the other men, because he was making a profit on the transaction. [13] Mr. M. demonstrated the operation of the box to the two younger men in Mr. Maskell’s presence. The two men went back to their car. Mr. Maskell spoke to them there. He came back to Mr. M. and gave him $8000 in exchange for the box. 2005 CanLII 24240 (ON SC) [14] Mr. M. was cross-examined about whether the cash and value of product totalling $20,000 went through his books. He said that he was not sure about the portion that was product, it probably went into inventory.
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