B.C.'s director of civil forfeiture has filed a claim to seize property, vehicles and items owned by Surrey residents connected to a Mexican drug cartel.
The notice of claim was filed in the B.C. Supreme Court in Vancouver on Tuesday (March 12) against the owner of the 16767 77 Ave. property, James Sclater, two other individuals who resided at the home and two others associated with them.
The claim alleges that Sclater, Hector Armando Chavez-Anchondo, and John Brian Whalen Jr. were members of the same drug trafficking organization that used violence or "threats of violence to achieve its aims."
The director claims that allegedly the drug trafficking organization trafficked controlled substances, including ketamine, methamphetamine, alprazolam, oxycodone, 3,4-methylenedioxymethamphetamine (BԪַMDMABԪַ) and fentanyl into Canada with the intent to distribute it.
It states that since June 21, Sclater, Chavez-Anchondo, and Whalen Jr. had attempted and conspired to import cocaine into Canada from Mexico. The drug trafficking organization they were a part of allegedly made arrangements to purchase the cocaine from the Cártel de Sinaloa (BԪַSinaloa CartelBԪַ) in Mexico. This included negotiating with the head of the cartel, Ismael Garcia (known as El Mayo).
The Government of Canada on Feb. 20, 2025. "A terrorist listing means any property of that group in Canada can be frozen and gives Canadian law enforcement more tools to prosecute terrorist offences, including those related to financing, travel and recruitment," notes the release from Public Safety Canada.
El Mayo was arrested by law enforcement in the United States on July 25, 2024, which impacted Sclater, Chavez-Anchondo, and Whalen Jr.'s efforts to import cocaine into Canada.
After El Mayo's arrest, it is alleged that members of the drug trafficking organization negotiated with "other parties" to import and distribute cocaine in Canada.
Sclater, Chavez-Anchondo, and Whalen Jr. all contributed money to the other party on behalf of the organization to secure a drug shipment. They planned to pick up the cocaine on Sept. 14, 2024, but they were unable to locate "their transportation connection" and did not get the cocaine.
On Sept. 23 the RCMP Federal Policing BԪַ Pacific Region Drugs and Organized Crime Unit and Lower Mainland District Emergency Response Team executed a search warrant at the 77th Avenue property and seized fentanyl, methamphetamine, ketamine, other opioids, $15,000 in cash, vehicles, motorcycles, boats, jewellery and "law-enforcement issued apparel" from a residence surrounded by compound fencing, steel gates and razor wire.
Police also found 23 firearms, including 10 handguns, two sawed-off shotguns, two hunting rifles, seven assault rifles, one spear gun, two assault rifles with sound suppressors, gun parts and a large assortment of ammunition.
Investigators from the RCMP federal police shared details of the execution of the search warrant at a press conference at RCMP E Division headquarters in Surrey on Nov. 13.
Two Surrey residents and a Mexican national had been arrested on Sept. 23 "for their alleged involvement in the importation of illicit drugs, and weapons-related offences," notes a November It is not clear if the defendants listed in this claim are the same individuals who were arrested.
There are currently no criminal charges against any of the defendants.
Cpl. Arash Seyed of the Federal Serious and Organized Crime (FSOC) unit told the Surrey Now-Leader "that due to the scale and magnitude of the investigation, and gathered evidence that includes numerous judicial authorizations, charges have not been approved."
Court documents note that Sclater has a "criminal record that includes mischief, possession of a controlled substance and possession of a controlled substance for the purpose of trafficking."
The lawsuit claims that the full extent of the unlawful activity that took place at the 77th Avenue home is not known to the director of civil forfeiture but lays out what unlawful activity they are aware of. This includes possessing the proceeds of a crime, possessing for trafficking, "laundering the proceeds of a crime" and attempting to import a substance listed in the act.
The claim also lists a woman who is/or was in a relationship with one of the men and the father of one of them.
The lawsuit alleges that all defendants knew the 77th Avenue property was the "proceeds of unlawful activity."
It notes that Sclater did not have "sufficient legitimate income" to purchase the property and that all or some of the money used to purchase and/or maintain it "were proceeds of unlawful activity." The 2025 assessment of the home is listed at $2.2 million.
The jewellery, vehicles, motorcycles, Azure boat and trailer were allegedly paid for in part or full by funds obtained through unlawful activity.
The director claims that if the property is released back to Sclater, it will "likely be used for unlawful activity" again.
The claim seeks to seize the property and four motorcycles owned by Sclater and six vehicles owned by one of the five defendants. It is also seeking to seize the Azure boat & the trailer, the money, jewellery and other valuables, and electronic devices and any of their proceeds to be forfeited to the government.
The notice of claim states that the bank where Sclater obtained a mortgage for the property, TD Bank, did not participate in or know about the unlawful activity.
The defendants have 21 days to file a response to the claim after they were served. It notes that an application for judgment against the property "may be made" if they fail to respond within the allotted timeframe.
The 77 Ave property is also listed in another lawsuit by the Director of Civil Forfeiture. The notice of claim was filed in the Supreme Court of BC in Victoria on May 22, 2019, and only Sclater was listed.
It alleges that Sclater was involved with a drug trafficking network in the Lower Mainland and on Vancouver Island. On November 6, 2016, police executed a search warrant on the 77th Ave home and found 12 rifles, four shotguns, a deactivated grenade, 45 edged weapons and lots of ammunition. They also found $20,000, various pills containing fentanyl, body armour, drug packaging and a surveillance system with multiple video monitors.
In a response filed by Sclater on June 24, 2019, he admits he is the owner of the 77 Avenue property as well as the property at 15797 92 Ave, which is also named in the 2019 lawsuit. The rest of the claims in Sclater either denies or states he has no knowledge of. He denies BԪַany involvement in the trafficking of controlled substancesBԪַ and that the two properties are BԪַproceeds and/or an instrument of unlawful activity.BԪַ
This lawsuit is still making its way through the court, with the last document filed in court on Oct 8, 2024.
-With files from Tom Zytaruk