Project Flatlined involved a 10 month investigation beginning in May 2011 into the criminal activities of members of the Manitoba chapter of the Hells Angels Motorcycle Club and the Redlined Support Crew. The Redlined Support Crew was a subsidiary group of the Hells Angels in Manitoba formed to provide ‘street-level enforcement’ for the Hells Angels in a dispute with another motorcycle gang, Rock Machine, over territory for drug trafficking in Manitoba. The dispute had been ongoing since early 2010. The two warring gangs had been involved in a number of violent conflicts, including drive-by shootings, firebombings and physical assaults. Project Flatlined ultimately led to the arrest of 25 members of the Hells Angels and Redlined and associates of these clubs in relation to the criminal operation involved in this case, with charges being laid against 16 of those people. At least 9 of these 16 people were successfully convicted. Information about the criminal proceedings against the other 7 people was not available at the time of writing. In relation to the 9 people not charged with criminal offences, sureties to keep the peace were successfully obtained in relation to at least 6 of these people. Information about whether sureties were successfully obtained against the other 3 was not available at the time of writing.
The organized criminal group in this case was involved in trafficking between one and two kilograms of cocaine every month between May 2011 and February 2012 in Winnipeg, primarily in Elmwood. A court heard that the operation generated more than CAD 100,000 every month. During the period of the group’s operation, dealers for the group were receiving more than 500 phone calls per day on dedicated cellphones used for their illegal activities. A judge later described the organization as ‘well organized, well equipped, well financed and highly profitable’.
The criminal group was led by Mr Dale Jason Sweeney, who bought the cocaine from suppliers in British Columbia. He then gave the cocaine to members of the Redlined Support Crew, a subsidiary gang of the Hells Angels, who turned the cocaine into crack cocaine and sold it in small quantities to users on the street. This was performed at two properties in Winnipeg. The Hells Angels and the Redlined Support Crew met weekly to exchange profits from their operations. In January 2012, police arrested one of the accused as he was leaving one of these weekly meetings and seized nearly CAD 20,000 in cash. In a later operation in February 2012, police seized one kilogram of cocaine.
At 7AM on 16 March 2012, more than 150 Winnipeg officers raided the properties of a number of Hells Angels’ members and associates. Search warrants were executed at six addresses. Nine people were arrested, including the chapter president, Mr Dale Jason Sweeney, as well as Messrs Roderick (Rod) Patrick Sweeney, Carmine Puteri, Kurtis Donald Scott, Christopher Allan Gerula, Brendin Kyle Wall, Thomas Clinton Barnecki, Jonathon Stewart and Donovan Michael Lafrance. Only four members of the Hells Angels’ Manitoba chapter at the time were not arrested in the raids.
Police seized approximately two kilograms of cocaine and an undisclosed amount of cash in the raids. Police also seized a motorcycle owned by Mr Dale Sweeney which was on show at the Winnipeg Convention Centre. A number of items were also seized from Mr Scott’s property during the execution of the search warrant. These included a 2005 Buick Rendezvous sport utility vehicle.
On 21 April 2016, Winnipeg police reported that they had arrested a total of 23 men through Project Flatlined, and that four further men were wanted on arrest warrants in relation to the operation: Messrs Shawn Justin Colbert, Adam Matthew Wood, Jared James Irving and Jesse Richard Thomas. Mr Colbert turned himself in at police headquarters the following day. Mr Wood was arrested in Crestview, Winnipeg on 23 April 2016.
Mr Irving was arrested by the Royal Canadian Mounted Police on 1 June 2012 after being pulled over by police at a traffic stop in Headingley, Manitoba, bringing the total number of arrested persons to 25.
Mr Thomas was the last remaining person wanted in connection to Project Redlined. Further information about whether he was apprehended by Canadian authorities was not available at the time of writing.
Manitoba authorities made several seizures in Project Flatlined and successfully obtained forfeiture orders in the criminal proceedings that followed. In January 2012, police arrested one of the accused as he was leaving one of these weekly meetings and seized nearly CAD 20,000 in cash. In a later operation in February 2012, police seized one kilogram of cocaine. In the raids of 16 March 2012, police seized approximately two kilograms of cocaine and an undisclosed amount of cash. A number of items were also seized from Mr Scott’s property. These included a 2005 Buick Rendezvous sport utility vehicle.
Against Mr Dale Sweeney, prosecutors successfully obtained orders for the forfeiture of his family home, several bank accounts containing more than CAD 500,000, at least two Harley Davidson motorcycles, a Bayliner boat and trailer, a Chevrolet Corvette car and a Chevrolet Silverado pick-up truck.
Project Flatlined was the fourth major police bust of the Manitoba chapter of the Hells Angels since 2006. The operation was notable in that unlike previous operations, police did not use a paid informant. Rather, the police relied on court-ordered wiretaps and hidden surveillance devices. The Winnipeg Police Service obtained two authorizations from Manitoba courts, the first on 3 September 2011 and the second on 1 December 2011. These authorizations included:
(a) the interception of communications pursuant to the wiretap provisions in ss 185 and 186 of the Criminal Code;
(b) a general video warrant to make observations by video camera in named places where persons have an expectation of privacy pursuant to s 487.01(4) of the Criminal Code;
(c) a general warrant for display and recording of digits dialed pursuant to s 487.01 of the Criminal Code;
(d) assistance orders necessary for the implementation of the authorization to intercept private communications and the general warrants, pursuant to s 487.02;
(e) a sealing order, denying access to information relating to the warrants, orders or authorizations, pursuant to s 487.3; and
(f) orders allowing the material collected to be opened and considered, pursuant to s 187(1.2).
Under these authorizations, Winnipeg Police covertly entered one property used by the group, the Moncton Avenue premises, on 12 occasions, taking photos and videos of cocaine inside the property, installing a hidden camera, and taking samples of the cocaine. The hidden camera took photographs of members of the group cooking the cocaine. Mr Wall actually discovered the hidden camera, but instead of ceasing their criminal activities completely, the members of the group only temporarily discontinued their operations before shifting them to a residence on St Anne’s Road. This property was later raided in February 2012.
The group communicated using software that encrypted text messages sent from their cellphones. Winnipeg police cracked the encryption in their investigation of the group’s activities. More than 155,000 text messages were sent by three mobile phone numbers used to arrange drug deals between during the period of May 2011 to February 2012.
Winnipeg police officers also posed as prospective purchasers on 37 different occasions between September 2011 and January 2012. During this period, they purchased 262 pieces of crack cocaine for CAD 5,140 in marked bills. A later news article put the number of undercover purchases at 41.
Twenty-five people, members of the Hells Angels in Manitoba and the Redlined Support Crew and their associates, were arrested in relation to the criminal operation uncovered by Project Redlined. Against 9 of these 25 people, police did not lay any charges but instead sought orders forcing the men to enter into sureties to keep the peace. Details of these peace bond proceedings are outlined in a separate case note on SHERLOC (CANx061).
Charges were laid against 16 of the 25 people arrested in Project Flatlined. Information about the criminal proceedings of 9 of these 16 people was available at the time of writing. All 9 of these people were convicted and sentenced to imprisonment.
This case note relates to the prosecution of Mr Kurtis Donald Scott. Detailed case notes on SHERLOC are also available regarding the criminal proceedings against Mr Dale Sweeney (CANx060) and Mr Justin MacLeod (CANx059).
Less information is publicly available regarding the prosecutions of Messrs Brendin Kyle Wall, Jonathon Stewart, Brian Chesney, Christopher Gerula, Shawn Manzuik and Thomas Barnecki. As such, these cases will be summarized below instead of in their own case notes.
Mr Brendin Kyle Wall did not apply for bail. On 22 January 2013, he pled guilty to several charges, including trafficking cocaine and trafficking for the benefit of a criminal organization. He was sentenced to 8 years’ imprisonment, with six months of the sentence credited for pre-sentence custody. Further ancillary orders were also made.
On 10 June 2013 Mr Jonathon Stewart was sentenced to 4 years and 9 months’ imprisonment for charges relating to participation in a criminal organization and conspiracy. On the same day, Mr Brian Chesney was sentenced to 3 years and 9 months’ imprisonment for trafficking cocaine and committing acts for the benefit of a criminal organization.
In August 2013 Mr Christopher Gerula pleaded guilty to drug trafficking, but claimed that he did not know anything about Mr Dale Sweeney’s criminal organization or its activities. Judge Wyant rejected this claim and sentenced Mr Gerula to 3 years and 6 months’ imprisonment. In the same month Mr Shawn Manzuik pleaded guilty to trafficking cocaine and trafficking for the furtherance of a criminal organization. He was due to be sentenced later that year.
Mr Thomas Barnecki entered into a plea bargain with prosecutors. Further information about the criminal proceedings against Mr Barnecki and the sentence he received was not available at the time of writing.about the criminal proceedings against Mr Barnecki and the sentence he received was not available at the time of writing.
Mr Scott filed a motion for the return of the items seized in the search of his property, including the 2005 Buick Rendezvous sport utility vehicle (‘the SUV’). Throughout these proceedings, Mr Scott was self-represented and he did not identify a statutory ground for the motion. The Crown consented to the return of a number of items, but opposed the return of Mr Scott’s SUV, arguing that its detention was needed for a future application for forfeiture of offence-related property.
According to the motion judge, Mr Scott’s motion for the return of the items was apparently based on two grounds: firstly, that the seizure of the vehicle had caused a hardship for his family; and secondly, that the seizure was contrary to s 490 of the Canadian Criminal Code. The motion judge stated that he was ‘unclear’ as to whether Mr Scott was also arguing that the detention of his vehicle was contrary to the Canadian Charter of Rights and Freedoms (‘the Charter’).
The motion judge found that the SUV fell within the definition of ‘offence-related property’ and that it was required for the purpose of a future forfeiture proceeding. As such, its ongoing detention was not contrary to s 490 of the Criminal Code.
Court of Appeal of Manitoba
Mr Scott appealed the decision of the motion judge to the Manitoba Court of Appeal. The Court noted that Mr Scott had again not articulated a legal basis for his claim, but noted that Mr Scott’s position was generally that:
(1) the SUV should be returned because it was registered to and belonged to his wife who was not named in any of the warrants and had not been charged with any offence;
(2) the SUV should be returned to his wife pursuant to subs 19(1) and (3) of the Controlled Drugs and Substances Act;
(3) his wife’s rights under s 8 of the Charter had been breached;
(4) the continuing detention of the SUV was unlawful due to the failure of the police to comply with certain procedural requirements in the Criminal Code; and
(5) the motion judge had erred in ruling that the detention of the SUV was required for the purposes of investigation, a preliminary inquiry, trial or other proceeding.
The Manitoba Court of Appeal held that since Mr Scott’s wife had not herself made any application, the Court was not in a position to deal with her rights with respect to the SUV. In obiter, the court however noted that an application under s 19 of the Controlled Drugs and Substances Act would be premature since there had been no trial at this stage. Similarly, any claim for a remedy under the Charter would need to be brought by her.
The Court further held that neither Mr Scott, nor his wife, would be able to meet the prerequisites for return of the SUV under s 490 of the Criminal Code.
As such, the Manitoba Court of Appeal held that the motion judge did not err in dismissing the accused’s motion.
Court of Queen's Bench of Manitoba
On 31 October 2014 Mr Scott filed a motion challenging the admissibility of the communications evidence which the Crown sought to rely upon at trial. The evidence had been obtained by the Crown pursuant to two court orders for the interception of communications (‘the authorizations’). The issue of the admissibility of the evidence was heard in a voir dire before Justice Edmond of the Court of Queen’s Bench of Manitoba.
Mr Scott argued that the communications evidence had not been lawfully obtained and therefore violated his right to be secure against unreasonable search or seizure, as protected by s 8 of the Canadian Charter of Rights and Freedoms. He advanced a number of arguments in this regard:
(1) that the text messages obtained from cell phones were obtained pursuant to a general warrant and were therefore illegally obtained because a general warrant cannot be used to authorize the future interception of private communications (R v TELUS Communications Co, [2013] 2 SCR 3);
(2) that general warrants and production orders that purport to authorize interception of private communications made in the past were invalid (relying on R v Croft, 304 CCC (3d) 279);
(3) that the requirements to obtain an authorization under s 186(1)(b) of the Criminal Code had not been met the investigative necessity requirement;
(4) that Mr Scott was not named on the first authorization and that the second authorization could not be used to intercept communications that took place before the date of the second order; and
(5) that the interception of communications from a cell phone number alleged to have been used by him were illegal because that phone number was not specifically authorized pursuant to the first authorization and it was not registered in his name.
Justice Edmond dismissed Mr Scott’s arguments (1) and (2) on the basis that these cases concerned limitations to interceptions under general warrants whereas the intercepted communications relied upon by the crown had been obtained pursuant to specific wiretap authorizations under ss 185 and 186 of the Criminal Code to which the limitations from these cases did not apply.
In relation to argument (3), Justice Edmond dismissed the argument on the basis that s 186(1.1) of the Criminal Code specifically provides that the investigative necessity requirement does not apply where the judge is satisfied that the application for an authorization is in relation to an offence under ss 467.11, 467.12 or 467.13 of the Criminal Code, or is in relation to an offence committed for the benefit of, at the direction of or in association with a criminal organization. Upon a review of the evidence presented in support of the application for the authorization, Justice Edmond found that was evidence of offences contrary to ss 467.11 and 467.12 and that there was evidence that the alleged trafficking of drugs was committed for the benefit of, at the direction of or in association with a criminal organization. As such, there was no need to prove that there was investigative necessity to grant the authorizations.
Argument (4) was also rejected because the communications of Mr Scott that had been intercepted under the first authorization had been communications made with Mr Dale Sweeney, who was listed on the authorization, or had been made over a device that was listed in the authorization.
Finally, Justice Edmond also rejected argument (5) for similar reasons. There was no need for the cell phone number in question to be specifically authorized when in relation to the interception of communications with a person listed on the authorization. Additionally, there was no requirement under ss 185 and 186 for the Crown to establish that Mr Scott had lawful ownership or the right to use the cell phone in question.
All five of Mr Scott’s arguments being rejected, Justice Edmond found that the procedural requirements for the authorizations had been met and that there had been sufficient evidence for the authorizing judges to make the orders. The interception of the communications did not violate Mr Scott’s s 8 Charter right.
Accordingly, Justice Edmond dismissed Mr Scott’s motion to have the evidence excluded from trial.
Court of Appeal of Manitoba
Mr Scott attempted to appeal against the rule of Justice Edmond to the Court of Appeal of Manitoba. This was struck out by the Court on the basis that the Court had no jurisdiction to hear appeals in relations to decisions made in voir dires.
Court of Queen's Bench of Manitoba
After five weeks of representing himself at trial, on 19 October 2015 Mr Scott pleaded guilty to trafficking cocaine and trafficking drugs for the benefit of a criminal organization. He was due to be sentenced on 27 January 2016. Further information about his sentencing was not available at the time of writing.
Mr Kurtis Donald Scott was a Hells Angels associate and was 40 at the time of his arrest. He was responsible for making sure that the cocaine made its way from the leaders of the criminal enterprise to the persons responsible for its day-to-day distribution. Mr Scott was charged with eight offences, namely participation in the activities of a criminal organization, commission of an offence for a criminal organization, and six counts of trafficking in a controlled substance.
Twenty-five people, members of the Hells Angels in Manitoba and the Redlined Support Crew and their associates, were arrested in relation to the criminal operation uncovered by Project Redlined. Against 9 of these 25 people, police did not lay any charges but instead sought orders forcing the men to enter into sureties to keep the peace. Details about the persons to whom these peace bonds were sought are outlined in a separate case note on SHERLOC (CANx061). Separate case notes detailing the criminal proceedings and the background of Messrs Dale Sweeney (CANx060) and Justin MacLeod (CANx059) are also available on SHERLOC.
The background of the remaining defendants, in relation to whom insufficient information was available for individual case notes, will be outlined below.
Mr Brendin Kyle Wall was a member of the Redlined support crew and was 24 at the time of his arrest. Mr Wall was a high-ranking member of the criminal enterprise, allegedly third in charge below Messrs Dale Sweeney and MacLeod. He handled the production of crack cocaine and the day-to-day management of the organization. He gave instructions to Mr Barnecki as to how the rocks of crack cocaine should be apportioned for sale.
Mr Thomas Clinton Barnecki was a Redlined associate and was 31 at the time of his arrest. Prosecutors alleged that Mr Barnecki was the ‘street boss’ of the operation.
Mr Christopher Allan Gerula acted as a cocaine courier for Mr Dale Sweeney. He was not a member of the Hells Angels or the drug ring, but was a friend of Mr Dale Sweeney and, on one occasion in February 2012, agreed to deliver a kilogram of cocaine for him. Prior to this case he had no criminal history and he was described as a ‘hard-working and skilled’ carpenter.
Mr Shawn Justin Colbert was charged with possession of proceeds of crime, conspiracy to commit an indictable offence, participating in a criminal organization, commission of an offence for a criminal organization, and eight counts of trafficking in cocaine. He was 30 years of age as at 22 April 2012. Mr Colbert turned himself in at police headquarters the day after police publicly announced that he was wanted.
Mr Adam Matthew Wood was charged with possession of proceeds of crime, participating in a criminal organization, commission of an offence for a criminal organization, failing to comply with the conditions of a recognizance, and five counts of trafficking in cocaine. He was 34 years of age as at 22 April 2012.
Mr Brian Chesney was the roommate of Mr Thomas Barnecki. He was caught making deliveries of crack cocaine to undercover police officers. He also rented the St Anne’s Road residence which was used for the purposes of producing crack cocaine following the discovery of the hidden camera at the Moncton Avenue residence. At the time of his arrest, he was a recently married and had four children.
Mr Donovan Michael Lafrance was a Redlined prospect and was 27 at the time of his arrest. It was not known whether he was one of the defendants against whom criminal charges were brought or whether he was instead subject to proceedings for a surety to keep the peace.
Mr Shawn Manzuik allegedly trafficked cocaine for the criminal enterprise in this case. It was not known whether criminal charges were brought against him.
Mr Jesse Richard Thomas was 27 as at 22 April 2012 and was wanted for participating in or contributing to the activities of a criminal organization. At the time of writing it was not known whether he had been apprehended by Canadian authorities.
Trafficking in substance
This charge related to trafficking cocaine
Commission of offence for criminal organization
This charge related to trafficking cocaine for the benefit of the criminal organization involved in this case
Participation in activities of criminal organization
Mr Scott was initially charged with six counts relating to participation in a criminal organization. These charges were not mentioned in news articles reporting on Mr Scott's guilty plea, so it is unclear whether he was ultimately convicted of them.
Court of Queen's Bench of Manitoba
R v Scott, 2015 MBCA 43
R v Scott, 2015 MBCA 80
R v Scott, 2015 MBQB 87
Related cases:
R v MacLeod, 2013 MBQB 242
R v Sweeney, 2016 MBCA 6
News sources:
King, Tamara, ‘Cops corral Hells Angel: Gangster hit with a slew of court restrictions’, The Winnipeg Sun, 9 June 2012, 5
King, Tamara, ‘Cops, Crown win peace-bond fight’, The Winnipeg Sun, 9 May 2012, 13
King, Tamara, ‘Flatlined gets another: 25th arrest in massive police sweep’, Toronto Sun, 25 April 2012, 18 <http://www.torontosun.com/2012/04/19/reputed-biker>
King, Tamara, ‘Hells associate in jail after breaching bond’, The Winnipeg Sun, 5 May 2012, 6
King, Tamara, ‘Jailed gang leader facing long list of additional charges’, The Winnipeg Sun, 28 July 2012
King, Tamara, ‘Laying down the law: Court documents reveal cops’ gang-fighting tactics’, The Winnipeg Sun, 28 April 2012, 2
King, Tamara, ‘Redlined fugitive busted at Headingley weigh scale’, The Winnipeg Sun, 3 June 2012, 3
King, Tamara, ‘Redlined president arrested in Stony’, The Winnipeg Sun, 22 May 2012, 3
King, Tamara, ‘Reputed biker fights court conditions’, Toronto Sun (online), 19 April 2012 <http://www.torontosun.com/2012/04/19/reputed-biker>
McIntyre, Mike, ‘Bikers dealt body blow – Raids, arrests of top figures seriously weaken local Hells Angels’, Winnipeg Free Press, 17 March 2012, B1
McIntyre, Mike, ‘Cops make life hell for Angels – Arrested even if they haven’t done a crime’, Winnipeg Free Press, 10 April 2012, A6
McIntyre, Mike, ‘Judge doesn’t buy tale of biker’s bounty’, Winnipeg Free Press, 10 March 2015
McIntyre, Mike, ‘Jurors on drug case in for the long haul’, Winnipeg Free Press, 11 September 2015, B6
McIntyre, Mike, ‘Old-fashioned police work – Crackdown on Hells Angels first without informants’, Winnipeg Free Press, 24 March 2012, A8
McIntyre, Mike, ‘Police seize Hells bike at show – Harley taken from World of Wheels – Gang member agrees to leave Angels’ Winnipeg Free Press, 20 March 2012, B1
McIntyre, Mike, ‘Seized property will stay that way: court’, Winnipeg Free Press, 21 January 2016, B3
Owen, Bruce, ‘Hells Angels, vengeance dominate’, Winnipeg Free Press, 15 July 2011, A11
Pritchard, Dean, ‘Drug courier pleads guilty’, The Winnipeg Sun, 20 October 2015, 18
Pritchard, Dean, ‘Former Hells chief gets 11 years in jail’, The Winnipeg Sun, 30 April 2013, 10
Santin, Aldo, ‘Former Hells Angel leader gets 11 years – Sweeney accepts plea, admits running drug operation’, Winnipeg Free Press, 30 April 2013, 0
Turenne, Paul and Tamara King, ‘Police hobble Hells Angels: 9 arrested, cops now eye Rock Machine’, The Winnipeg Sun, 17 March 2012, 3
Turner, James, ‘Legal challenge launched: Gangster facing sentencing seeks time-served credit’, Winnipeg Free Press, 27 August 2013, B3
Turner, James, ‘Not large, but in charge: Red rules’, The Winnipeg Sun, 22 March 2012, 2
Turner, James, ‘Reputed biker prospect fights peace bond’, The Winnipeg Sun, 19 April 2012, 3
Turner, James, ‘Ringing up sales: Cops allege Hells Angels netted over $1.5M in dial-a-dealer scheme’, The Winnipeg Sun, 26 July 2012, 3
Turner, James, ‘Two more bikers sentenced to jail in Project Flatlined bust’, The Winnipeg Sun, 11 June 2013, 5
Turner, James, ‘Unclear if biker gangs will be Flatlined’, The Winnipeg Sun, 22 March 2012, 3
Treusch, Adam, ‘Cops still searching for four wanted in Project Flatlined’, The Winnipeg Sun, 22 April 2012, 4
‘Biker suspect turns self in’, The Winnipeg Sun, 24 April 2012, 13
‘Courts roundup’, Winnipeg Free Press, 20 August 2013, B2
‘Hells Angels president’s bail request rejected’, The Winnipeg Sun, 20 December 2012, 12
‘Police detail ‘Project Flatlined’’, Winnipeg Free Press (online), 16 March 2012 <https://www.youtube.com/watch?v=vvvDblPnbsM>
‘Wanted man arrested, warrants in effect for 2 other in project aimed at Hells Angels’, CTV News Winnipeg (online), 24 April 2012 <http://winnipeg.ctvnews.ca/wanted-man-arrested-warrants-in-effect-for-2-others-in-project-aimed-at-hells-angels-1.799442>
‘Winnipeg police nab man wanted in connection with Hells Angels activity’, CTV News Winnipeg (online), 2 June 2012 <http://winnipeg.ctvnews.ca/winnipeg-police-nab-man-wanted-in-connection-with-hells-angels-activity-1.834634>
In the related case of R v MacLeod, 2013 MBQB 242, which also arose out of Project Flatlined, Justice Martin a number of comments in obiter about the nature of drug trafficking by organized criminal groups within Manitoba:
‘The ugly fact of the matter is that cocaine and crack trafficking is a disease on our community and there is nothing noble or romantic about the gangs behind it. No matter what the outward show or the claims of being mere social clubs, at the core, gangs like the Hells Angels or Redlined or Rock Machine are a bunch of violent, selfish criminals who prey on, and use, others in all social and economic levels of society. They harm to any community from Winnipeg to isolated northern aboriginal reserves is seen daily by the consequences of cocaine trafficking, from users who steal and rob to support their habit, to shootings over turf, to violent beatings over debts, to extortion, and to other violent assault [sic], rapes and killings while under the influence of these drugs. Trafficking in serious drugs like cocaine and crack destroys people, it destroys families. All this should never be forgotten […]’