The Hells Angels motorcycle club is now formally listed as a criminal organization in Manitoba — the first of any government in North America to make that designation.

“ We’ve had successful prosecutions against the Hells Angels but that doesn’t seem to stop them. They just keep trying to get back into business,” said Insp. Rick Guyader of the Winnipeg Police Service. “As long as they continue, we’re going to continue prosecuting them.”

​It means police no longer have to prove the motorcycle gang is a criminal organization at every court hearing.

Manitoba justice has identified over 30 Canadian court cases where Hells Angels were found to be a criminal organization. (RCMP) “This is a milestone for Canada and a clear signal that Manitoba will continue to develop and use every tool available to fight criminal organizations and the threat they pose to Manitobans,” said Manitoba Justice Minister Andrew Swan.

“It is now law in Manitoba the Hells Angels Motorcycle Club is a criminal organization.”

This designation follows an extensive application filed by the province’s director of policing last spring to have the club designated as such. The application was based on extensive evidence collected from across Canada, information from organized crime experts and court findings from across the country, according to Swan.

“The Hells Angels motorcycle club was actually given the opportunity to come forward and present some evidence to suggest they were not a criminal organization,” said Swan. “As I understand it, there was no response to that.”

On Friday, defense lawyer Jay Prober said he didn't think the change would amount to much. Prober has represented alleged Hells Angels members in the past.

"I don't think it was necessary. It's window dressing, but it makes good politics and gets votes," said Prober.

He added, "I doubt this piece of legislation will withstand a constitutional challenge."

Prober said a criminal designation label on any group won’t trump an individual’s rights in court because the Crown will still need to prove its case.

RCMP D Division Assistant Commissioner Kevin Brosseau said while Prober is right in that it won’t affect criminal charges, it does give police and Crown prosecutors help in civil and provincial court cases.

“Rather than having to prove for civil processes that the Hells Angels are a criminal organization that [will now be] a given,” said Brosseau. “Those days and weeks that will potentially be needed to gather evidence for that will not be needed for the civil side.”

To get the designation, the legal process included an independent external review panel, which is made up of at least three people who are not government employees or currently serving as police officers. They examined all of the materials and determined the motorcycle club met the test of being a criminal organization.

“Organized crime is not welcome in the province of Manitoba,” said Brosseau. "The RCMP has prioritized enforcement efforts to focus on eliminating organized crime and this announcement today provides us another tool in our tool kit to help us ensure the safety and well-being of Manitobans.”

When criminal organizations are added to Manitoba’s Schedule of Criminal Organizations, it will result in more swift and effective enforcement of provincial laws, states a news release from the Manitoba government.

It will also remove the requirement to repeatedly prove these groups are criminal organizations. As a result, it will reduce the time spent by police, justice officials and the courts to determine that groups are criminal organizations.