The only thing preventing Wellington County from passing a bylaw prohibiting criminal motorcycle clubs and other gangs from fortifying their clubhouses is objections from local building inspectors.
County council considered a recommendation from its Police Services Board on Sept. 24 to send the redrafted bylaw to each municipality with the offer that OPP Inspector Scott Smith go to each council to explain it.
Lynda White, Police Services Board liaison for county council, offered to attend those meetings as well.
Wellington County has been considering the bylaw for over five years, but has run into consistent criticism and reluctance from municipal building inspectors.
White asked all the mayors on council to contact Smith and invite him to attend council.
“This is a really important bylaw for the safety of our community,” she said.
But councillor Mike Broomhead said such visits are unnecessary, because local councils realize how important the bylaw is.
“Talk to our building officials,” he said. “They’re not happy. Also, the bylaw enforcement officers. They’re telling councils they’re not happy [with the bylaw] – and councils are waiting for them.”
White responded that Smith has already talked with them.
Smith told council he met in a session with all chief building officials this summer, and, “I walked away feeling I had 100 per cent consensus. Since then, I’ve got an email – just one – that wanted dramatic changes.”
Smith said if those changes are implemented, “The bylaw becomes essentially worthless.” He said if the bylaw is ultimately rejected, the police services will simply “move on.”
But White warned, “If we ‘move on’ we’ll wish this bylaw was in place.”
Smith said the process for the bylaw began with his predecessor, Steve Walsh, but communications with township staffs caused “severe angst.”
“They thought they were going to have to walk into a hornet’s nest, unprotected by police,” he said.
Smith noted the bylaw “is an attempt to keep out that 1% that that would cause this county concern.”
Criminal motorcycle gangs are often called 1%-ers because they are that percentage of bikers who operate in gangs and within other criminal elements and are considered “outlaws” by other biking organizations. Many biker gangs have a 1% patch incorporated in “colours,” which are a badge of affiliation to a club, worn on the back of a vest or jacket.
Smith said the sole reason for the bylaw is to prevent gangs from denying entrance to buildings by police, fire and ambulance. He said the bylaw would be “complaint driven” and would not likely affect anyone else.
And, he promised, “We are prepared to enforce the bylaw [but] provincial legislation does not permit us to issue stop work orders or building permits.”
Smith added the chief building official from Guelph attended the meeting this summer and told his county counterparts they will never likely have to deal with the bylaw in their entire careers.
Smith reiterated the bylaw does not have the intent to exclude infrared alarms around private homes or stop people from using heavy duty locks. It is only for criminal enterprises that fortify their club houses.
He said the bylaw would be used against “really weird one-offs.”
And, Smith promised, “I will never send people, CBOs, into a residence without support of the police. If I have to go in and we have to get 150 of the biggest, ugliest, roughest cops in the world, I will.”
Councillor Chris White asked if CBOs will be called to testify in court. Smith said they will not. White said some CBOs have a fear of taking the stand in court.
Smith said in one recent case in Quebec, a Hell’s Angel attempted to recover his seized “colours.” The judge ruled he could not have them, and called the colours “a tool of intimidation.”
Smith said part of his concern is there has been a spread of gang houses in British Columbia, and it is only a matter of time before they spread across the country. He said many gangs are now identifying themselves differently because they don’t want to be seen as part of a criminal organization.
“This is intended to keep them out,” Smith said, adding that if Wellington County has the bylaw in place, the gangs will not fight it, but will simply go where there is no anti-fortification bylaw.
He said the bylaw is a statement: “You’re not welcome in Wellington County.”
Councillor Walter Trachsel said the intimidation factor is always going to be in place, and council should ask the provincial government to give police the power to enforce the bylaw.
Trachsel said the problem is after the actions are taken, the gangs are still around and township officials fear ‘the day after that the day after.”
Broomhead added that if Smith visits, “Council won’t hear anything new. The CBOs feel a threat. Our lawyer says we can’t force them [to enforce the bylaw]. We support the bylaw – but there’s no sense doing it if it’s not enforced.”
He told Smith to “meet with the CBOs one more time. The CBOs concerns need to be addressed.”
