R. v. McCurrach (2000)
On June 23, 1997, the Hell's Angels Motorcycle Club officially came to Alberta when two
Hell's Angels chapters were formed through a charter granting ceremony held in Red
Deer, Alberta. On June 24, many of those who had attended the ceremony drove from
Red Deer to Calgary and were stopped by police just inside Calgary's city limits.
The check stop was a co-ordinated effort involving more than 20 police departments
from across Canada as well as the federal Department of Immigration. Participating police
forces included the Edmonton Police, the Halifax Police, the Surete du Quebec, and
RCMP detachments from Red Deer, Nanaimo, and Ottawa. The Calgary Police, in co-
ordination with the Criminal Intelligence Service of Alberta and the RCMP, had developed
a "zero tolerance" policy toward the Hell's Angels.
It was a hot day, but the motorcyclists were not allowed to remove their helmets, and
waiting times varied from one to four hours. Although they had not been arrested, gang
members were videotaped and photographed. Anyone who refused to be photographed
was threatened with criminal charges for obstruction of justice. The police issued tickets
for "causing unnecessary noise from a motor vehicle," "chin strap not done up on helmet,"
"failing to ride single file" on the way to the check area, and "littering." Many motorcyclists
had their helmets confiscated even though they had been approved for use by the
provincial Department of Transportation and bore official stickers testifying to that effect.
The Hell's Angels applied to the Provincial Court of Alberta, alleging breaches of the
Canadian Charter of Rights and Freedoms. The Crown argued that no Charter breaches
had occurred, but if they had, those breaches were the result of reasonable limits
prescribed by law on the applicants' rights and freedoms. The judge found the police had
violated the gang members' Charter rights under s. 7 (security of the person), s. 8
(unreasonable search and seizure), and s. 9 (arbitrary detention). No breaches of Charter
rights were found under s. 2(d) (freedom of association) or s. 6 (mobility rights).
1. Referring to the ordinated effort in this case, name one police force from each of the
three levels of police forces in Canada.
2. At trial, the Court noted that the Hell's Angels have an "unsavoury reputation." Do you
think the police were justified in adopting the measures they used against such an
organization? Explain.
3. Acting as counsel for the Hell's Angels, outline how you would convince the Court that
the police
violated your clients' rights under ss. 7, 8, and 9 of the Charter.
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