A former city head-shop owner and one-time Manitoba Hells Angels prospect who was deported to his native Chile has lost a court battle that could have given him a chance to return to Canada.
The Immigration and Refugee Board (IRB) did not breach any rules of fairness toward Alejandro Mariano Chung, 47, when it ordered his removal from Canada on the grounds of "organized criminality," Federal Court Justice James Russell has ruled.
At his deportation hearing in 2012, Chung denied any knowledge of the criminal activities of the Hells Angels motorcycle club, despite the fact the IRB heard police testimony of his association with Hells Angels members and that at one time he had worn a prospect member's vest.
In his deportation appeal before Russell, Chung claimed the IRB failed in its legal duty to presume his sworn testimony he knew nothing about the gang's criminal plans was credible and worthy of belief.
A Winnipeg police gang expert told the IRB Chung had been seen at several Hells Angels social events in the years since 2000. Chung himself testified he joined the gang in 2010 and became a prospect but quit in October 2011 for several reasons.
These included being tired of police harassment, which occurred for reasons unknown to him, he said.
"I just wanted to ride a motorcycle," Chung testified. He was never a full member of the gang.
In a 36-page written decision, Russell said after looking at the evidence federal officials presented to show Chung was either aware of the criminal nature of the Hells Angels and lying or was "wilfully blind" about the gang, the IRB made the correct decision.
"(It) gave proper effect to the presumption of credibility and applied the right standard of proof," Russell wrote.
The decision to deport Chung in fall 2012 came not long after he beat drug-trafficking charges in a trial in Manitoba Court of Queen's Bench.
Police arrested Chung in October 2009 after bursting without a warrant into the rear of his La Mota head shop.
They arrested him and found cocaine, marijuana and the cutting-agent benzocaine.
But Justice Doug Abra tossed the case out after ruling the police conduct amounted to an illegal search and seizure by "trespassers."
"The police misconduct was blatant and serious. The two officers flagrantly disregarded the accused's rights under the charter (of Rights and Freedoms)," Abra ruled.
"If I permit the drugs, the paraphernalia and other seized items into evidence, I will be condoning wilful and flagrant breaches by the authorities of the accused's rights."
After border officials put Chung on a plane out of Canada in November 2012, Chung's father told the Free Press police unjustly harassed his son during his time in Winnipeg for Hells Angels-related activities in which he had no involvement.
Chung has no family in Chile. They all live in Manitoba or B.C., Oscar Chung said.