BC law targeting gangsters’ property used for teens e-dirt bikes in Kelowna

Three Kelowna kids might lose their e-dirt bikes because of BC law used to target gangsters and money launderers.

Police said they were riding dangerously and stunting on Gordon Drive, May 14, but fled when officers tried to stop them. Once caught, the bikes were impounded and they might not be returned.

Kelowna RCMP are among several detachments across the province stepping up enforcement against unregulated e-dirt bikes. Riders risk tickets and, in some cases, losing the bike entirely as police pursue action through the BC Civil Forfeiture Office.

According to Kelowna RCMP spokesperson Cpl. Steven Lang, the bikes were “involved in the commission of an offence as an instrument of unlawful activity.”

While the bikes are at risk under the law, Vancouver-based lawyer Aasheesh Puri said it’s a far cry from its stated purpose of targeting organized crime.

“It’s not contrary to the Civil Forfeiture Act, so I guess they can do it,” he said. “But it is a jump to go after e-bikes for teenagers.”

He said he would expect the parents could challenge the province should the civil forfeiture office move to seize them, but it can sometimes be costly. If the challenge goes to BC Supreme Court, lawyer costs can be in the thousands of dollars.

As the detachment ramps up its enforcement on e-dirt bikes, Kelowna RCMP has handed out fines 10 times and hadn’t yet moved to seize them before the May 14 incident.

Lang said officers take a “measured approach” in each circumstance, so the puruit of civil forfeiture is an escalation.

Though police have referred the case to the BC Civil Forfeiture Office, it’s not yet clear if it will be pursued, and Puri said there’s no deadline for that assessment.

This year, the province proposed amendments to the law meant to streamline the process, reduce litigation and expand the office’s proactive investigations. The province typically auctions off seized assets and uses the money for programs meant to combat crime.

While provincial government announcements about the law tend to focus on organized crime, its use often extends beyond that scope. Earlier this year, the province moved to seize a Kelowna sex offender’s truck.

A Kamloops home was also seized after the tenant used it to store stolen goods. The landlord, who was also the tenant’s son, didn’t live on the property.

But the law been criticized heavily for its potential for abuse, especially because the defendant doesn’t need to be proven guilty of breaking the law.

Puri warned it can affect people who aren’t a direct participant in the unlawful activity claimed, like landlords or someone lending a vehicle to the wrong person.

“At this stage with how things are proceeding, how much it costs to litigate and defend against these matters, I would say be careful,” he said.

“Even if you are a law-abiding citizen, somebody who has never done anything wrong in your life… if somebody does something wrong using you’re property, you can be the one who’s penalized.”