Pubdate: Thu, 01 Nov 2001
Source: Abbotsford News (CN BC)
Copyright: 2001 Hacker Press Ltd.
Contact:  http://www.abbynews.com/
Details: http://www.mapinc.org/media/1155
Author: Russ Akins

POT LANDLORD BYLAW UNDER REVIEW

"Better a guilty man go free, than an innocent man be hanged.''

That long-standing axiom in British and Canadian jurisprudence was cited by 
Coun. John Redekop this week, as Abbotsford city council voted to defer 
action on a controversial bylaw aimed at stemming marijuana grow 
operations. The document, titled the Abbotsford Controlled Substance 
Property Bylaw, was aimed at recovering police costs and enforcing safety 
requirements after marijuana grow operations are busted.

It sparked heated debate among Abbotsford councillors in at least one 
recent meeting.

Monday, councillors voted to refer the bylaw back to city staff pending the 
outcome of a court challenge of a similar bylaw in another Lower Mainland 
municipality.

Coun. John Redekop cited advice from the B.C. Civil Liberties Association, 
which said the bylaw as it now stands may encroach upon the criminal law 
powers of the federal government.

"The bylaw could unfairly burden good faith landlords with the actions of 
their tenants,'' said the councillor.

However, Coun. Ed Fast said the axiom used by Redekop, taken to its 
extreme, would mean no one would ever be convicted of a crime.

"It's a matter of balance,'' he told the Abbotsford News yesterday. "What 
I've suggested is that we include an appeal process, or a show-cause 
process to allow landlords to say, 'I used due diligence.'

"I would expect that to be done by a staff review panel, or perhaps by 
council itself. We have assurances from police they are not after innocent 
landlords,'' said Fast.

The move comes as grow-ops continue to take up scarce police time and 
resources.

Requirements of the bylaw would only be imposed after police have shut down 
a property containing a grow op.

A comprehensive inspection, at a proposed cost of $400, would take place by 
building, plumbing, fire, electrical and gas inspectors.

Property owners would also be charged for building permit fees for 
restoration work, and extraordinary police costs.

W. Grant Acheson, acting director of development services, recently 
reported to council that to the end of August, 64 grow operations were 
investigated, resulting in 37 property searches.

In 2000, 233 grow-op investigations resulted in 194 property searches. 
"Grow operations can be found in all neighbourhoods of the city, and 
predominately in single-family rental houses,'' reported Acheson.
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