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Burnaby firefighter Nick Elmes, right, poses with members of the Hells Angels Motorcycle Club.
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B.C.’s public safety minister is concerned about them, the province’s anti-gang agency has them on its radar and the City of Burnaby is investigating them, but members of a local firefighters biker club say people have got them all wrong.
The Florian’s Knights motorcycle club formed in 2016 and is made up of active and retired firefighters from Burnaby, New Westminster and Vancouver.
The club made headlines this week after a photo of one its founding members – Burnaby firefighter Nick Elmes – and three members of the Hells Angels was spotted on social media by the Vancouver Sun and Province.
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Public Safety Minister Mike Farnworth was quoted in a Sun story saying it was “disturbing on so many levels” for firefighters to be associating with the notorious biker club, alleged to have connections to clandestine drug labs and marijuana grow operations that make firefighters’ jobs more dangerous.
Sgt. Brenda Winpenny of the Combined Forces Special Enforcement Unit told the Sun biker experts have been documenting the association between the Knights and the Hells Angels at various events this spring.
Burnaby city hall started getting emails from concerned citizens as soon as the story broke, according to city manager Lambert Chu, and the connection between the firefighters biker club and the Hells Angels is a “tremendous concern” to city officials, he said.
“The firefighters and many city employees are put in a position of trust, and we cannot have any city employees involved in any association with a criminal organization, period,” he told the NOW.
The city has launched a formal investigation into the matter that should be complete in a matter of “days not months,” according to Chu.
The city’s concern with the Florian’s Knights club is not entirely new, however.
Last fall, fire chief Joe Robertson talked to one of its members, telling him the group had to stop wearing the club’s apparel or “colours” on rides to and from work and on fire department property, but the department backed off after the local firefighters union presented it with a legal opinion saying that would infringe on their members’ rights.
“We were aware of the Florian Knights motorcycle club,” Chu said, “but there was no information given to us that would cause us to be concerned because there was no evidence linking the connection between the Florian’s club with the Hells Angels.”
'Just a bunch of guys that ride'
But the connection between the firefighters’ club and the Hells Angels has been blown way out of proportion, according to Florian’s members.
“We’re just likeminded guys on our Harleys trying to raise money and awareness at charitable rides; that’s it,” Elmes told the NOW. He said he and his fellow members started the club because the existing firefighters’ biker organization – the IAFF Motorcycle Group – only rode a couple times a year and didn’t fundraise.
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“I wanted to do more for my community and I wanted to do more for the biker community, and I couldn’t do anything with that. You just pay your due and wear your patch,” Elmes said of the IAFF group.
Rod MacDonald, a retired Vancouver fire battalion chief and longtime union president, was drawn to the Florian’s Knights for the same reasons.
“The goal was for people to say, ‘Oh, there’s the Florian Knights. They do charity work for the kids. We were trying to brand ourselves – this is us, this is the Florian Knights, we’re the firefighters,” he said.
The club had a big Bikers for Burns charity ride to Hope planned this August. Last year the same event raised about $7,000 for the B.C. Professional Firefighters’ Burn Fund, according to MacDonald.
“That’s dead,” he said. “You can see how frustrating and saddening this is for us. We’re just a bunch of guys who wear three pieces of cotton on our backs, and somebody’s profiled us as being, by default, something other than what we are.”
As for the Hells Angels, MacDonald said he had “zero” comment.
“We’re not a club that judges other clubs. We’re a bunch of guys that ride,” he said.
Elmes said the Florian’s Knights have participated in two rides with the Hells Angels, but added they were public charity events.
The photo of him with the three Hells Angels was taken by Stave Falls during one of those rides last month.
“They did a poker run to raise money – from my understanding it was for the Special Olympic soccer team,” Elmes said.
One of the Hells Angels pictured, Kelowna chapter president Damiano Dipopolo, is a friend who lived a few blocks away from Elmes in East Vancouver when he was growing up, according to Elmes.
The group had broken off from the ride in May to visit the falls, he said, and Dipopolo’s wife had snapped the photo and posted it on social media.
“He’s my buddy from the neighbourhood that we have family ties with,” Elmes said.
A source close to the Florian’s Knights, however, told the NOW Elmes – whatever the nature of his relationship with Dipopolo – had not been forthcoming about this connection to the Hells Angels, and the photo was a shock to some club members.
Members of a firefighters biker club made up of active and retired firefighters from Burnaby, New Westminster and Vancouver say they have been unfairly profiled because of the club’s three-piece patch.
Three-piece patch
But Elmes and MacDonald said they were being profiled even before the photo went public because their members wear a three-piece patch on the back of their leather vests, something that’s often associated with outlaw motorcycle clubs.
That made no sense to Elmes since, he said, there are many other clubs with firefighters, police officers and border guards etc. as members – including the IAFF Motorcycle Group – that wear a three-piece patch.
In designing the Florian’s Knight’s patch, Elmes said he copied those groups and not the outlaw organizations. He did, however, inform the Hells Angels of his intention to use the patch as a matter of biker tradition protocol, he said.
“I informed them just so that no one got hurt or no one got in trouble. Last thing I want to do is pick a fight with one of them,” Elmes said.
Since the Sun article, questions have also arisen around a $1.65 million clubhouse in North Burnaby Elmes and another Florian’s Knights member bought in January.
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Online comments question how Elmes, who also owns a second $1.76 million home nearby, could have afforded it on his firefighter’s salary.
“God no,” said Elmes when asked whether the Hells Angels had anything to do with the purchase of the clubhouse.
Elmes, who also owns a construction business, said he bought the first house in 2006 for $560,000 and was able to finance the purchase of the clubhouse with the equity that has accrued on that property since.
Reasons for judgement were published this week dismissing a Plaintiff’s unidentified motorist ICBC claim finding he failed to take reasonable efforts to follow up on the identify of the unknown motorist with the Hells Angels.
In the recent case (Gorst v. ICBC) the Plaintiff was riding a motorcycle and was passed by a group of bikers travelling in the opposite direction. One of the biker’s entered the plaintiff’s lane causing him to take evasive action leading to his collision and injuries. The biker carried on and remained unidentified.
The Plaintiff sued ICBC under the unidentified motorist provisions. The Court found the unidentified biker was indeed partly liable for the crash but dismissed the claim finding the Plaintiff could have made further inquiries with the bikers as to the identity of the offending motorist. The Plaintiff claimed he was fearful to do so as they were believed to be Hell’s Angels. The Court found that was not a satisfactory excuse and in dismissing this aspect of the claim Mr. Justice Hori provided the following reasons:
[141] In this case, the plaintiff suffered injuries in the accident and the oncoming motorist who caused the accident did not stop. Because of the plaintiff’s condition at the scene of the accident and the circumstances in which the accident occurred, it is not reasonable to expect the plaintiff to have taken steps to ascertain the identity of the motorist at the scene. However, the obligation to ascertain the identity of the unidentified motorist continues beyond the accident scene and its immediate aftermath (Slezak v. ICBC, 2003 BCSC 1679 at para. 42).
[142] The plaintiff testified that following the accident, the IIO asked him to track down Ady Golic so they could determine whether he had any information about the accident. The plaintiff eventually tracked Mr. Golic down. The plaintiff asked Mr. Golic if he had seen the accident, to which Mr. Golic replied “no”. The plaintiff did not make any further inquiries of Mr. Golic but passed Mr. Golic’s contact information to the IIO.
[143] The plaintiff knew that Mr. Golic was close to, if not a member of, the Hells Angels. Therefore, he was careful in how he approached Mr. Golic because he feared retaliation from the Hells Angels. The plaintiff felt that it was best to let the IIO handle any further communications with Mr. Golic.
[144] After the accident, the plaintiff also learned that friends of his brother-in-law may have witnessed the accident. Therefore, the plaintiff took steps, through his brother-in-law, to contact those potential witnesses. Unfortunately, these potential witnesses had observed a different accident.
[145] It is the plaintiff’s evidence that if the Hells Angels had not been involved, he would have done more to investigate the identity of the biker that crossed the centre line. He chose not to do so and allowed the IIO and the RCMP to conduct the investigation in order to keep himself and his family safe from retaliation by the Hells Angels.
[146] The plaintiff testified that the IIO told him that they were going to collect information from everybody and investigate what happened. On cross-examination by ICBC, the plaintiff agreed that the IIO told him they would be looking to see if the police officer had committed any criminal act. However, the plaintiff testified that he does not recall the IIO advising him that they would seek out the identity of the bikers in the poker run. The plaintiff hoped that the IIO would identify the biker who crossed the centre line.
[147] The plaintiff took no further steps to identify the biker who crossed the centre line. He did not follow up with the IIO to determine the status of their investigation. He did not take any steps to follow up with witnesses identified in the IIO investigation material when he eventually received it. The plaintiff did not contact the police officers involved in surveillance of the poker run to determine whether they had information to identify the biker nor did he make inquires of the establishments that the poker run visited that day to determine whether any of the bikers could be identified.
[148] I have concluded that, on these facts, the plaintiff failed to make all reasonable efforts to ascertain the identity of the owner and driver of the motorbike following the accident. Simply relying upon the police to perform his obligations under s. 24(5) of the Insurance (Vehicle) Act was not reasonable in this case for the following reasons:
(a) The plaintiff received no information from the IIO that they were seeking out the identity of the riders in the poker run. The advice received by the plaintiff from the IIO was that they were looking to see if the police officer had committed any criminal act. Therefore, it would not be reasonable for the plaintiff to rely on the IIO to identify the biker;
(b) As in Becker and unlike Ingram and Hough, the plaintiff did not follow up with the IIO on their investigation. If the plaintiff was relying on the IIO to identify the biker, he should have been following up with them to determine the status of the investigation and, if necessary, to make his own efforts; and
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(c) As in Becker and Tessier, a number of individuals may have had information leading to the identification of the biker who crossed the centre line. Those individuals included the participants in the poker run, the police officers involved in surveillance, and the proprietors of the establishments that the poker run visited.
[149] The plaintiff claims that he did not take any further steps to identify the biker because he feared retribution from the Hells Angels if he did so. However, I do not find this excuse compelling. There is no evidence that making inquiries of the Hells Angels about one of their members being involved in a motor vehicle accident would be the type of inquiry that would lead to retribution. Further, in order to operate a motorbike on the highway, it must be licenced and insured. There is no evidence that an injury claim against one of their members would cause the Hells Angels any difficulties.
[150] More importantly, the plaintiff took no steps to follow up with the IIO, to contact the police officers on surveillance that day, or to contact the proprietors of the establishments that the poker run visited. Even if the plaintiff felt uncomfortable contacting the Hells Angels himself, I do not see how contacting these individuals, particularly the police and the IIO, would lead to retribution from the Hells Angels. At a minimum, contacting these individuals are reasonable efforts that the plaintiff ought to have made in the circumstances.
[151] For all of these reasons, I find that the plaintiff has failed to make all reasonable efforts to ascertain the identities of the owner and driver of the motorbike that crossed the centre line. Therefore, the plaintiff’s action against ICBC is dismissed.
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bc injury law, Gorst v. ICBC, Mr. Justice Hori, Reasonable Efforts, section 24 Insurance (Vehicle) Act, Section 24(5) Insurance (Vehicle) Act, Unidentified motorist claims