Pubdate: Tue, 18 Apr 2006
Source: Ladysmith-Chemanius Chronicle (CN BC)
Copyright: 2006 BC Newspaper Group & New Media
Contact:  http://www.ladysmithchronicle.com
Details: http://www.mapinc.org/media/1279
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

MLA BACKS GROW-UP BYLAW

LADYSMITH -- A proposed provincial law that could have local  
governments peeking at residential power usage to target marijuana  
grow-ops has the cautious support of Cowichan-Ladysmith MLA Doug  
Routley.

"We consider grow-ops a significant public safety and health issue,"  
Routley said in an interview. "We know civil rights groups will be  
concerned, but the balance has to come down on the side of public  
safety."

Under Bill 25, an amendment to the Safety Standards Act, BC Hydro is  
required to give municipal authorities electricity data for private  
homes upon request. That information could be passed to the police,  
and a fire inspector would have the right to inspect the targeted  
house after notifying the owner.

Rich Coleman, the Minister Responsible for Housing, introduced Bill  
25 for first reading at the Legislature April 6.

"Grow-ops are more likely to catch fire, more likely to have guns  
inside and are more likely to be robbed," Coleman said in a release.  
"They pose a danger to our neighbourhoods and we're determined to  
shut them down."

Routley, the NDP's housing critic, said there are plenty of questions  
the government will need to answer before the bill gets full  
opposition support.

"Who decides what is suspicious? What are the thresholds? How is it  
adjudicated?" Routley said. "It's not clear what is the burden of  
evidence to access records. We support the effort, but we stand to be  
convinced."

The wording of Bill 25 so far is short on specifics. For instance,  
it's not clear if municipal authorities must target individual homes,  
or if authorities could have blanket requests for entire  
neighbourhoods or towns. The bill doesn't require BC Hydro to  
preemptively alert municipalities of homes with consumption patterns  
deemed suspicious.

Ladysmith Fire Chief Ray Delcourt suspects the municipality will be  
given access to the electrical records for all homes in its  
jurisdiction. "This will be a good tool for us to look for grow-ops,"  
Delcourt said. "Right now we have to stumble across them, or find  
them during the course of a fire."

Delcourt said the fire department has found at least three grow-ops  
in the past few years due to fire. "This will be good for us if it is  
passed through. Good for firefighter safety and good for public safety."

Ladysmith's top RCMP officer, Staff Sgt. Charlie Schaal, was  
reluctant to discuss the bill while it's in draft form, but said any  
new laws that help police combat grow-ops are welcomed.

In a letter to Minister Coleman, B.C. Privacy Commissioner David

Loukidelis questioned the necessity of the law, pointing out BC Hydro  
already gives law enforcement electricity consumption records.

"As a general point, such initiatives amount to a form of  
surveillance, involving compilation and use of information about  
entire classes of citizens without grounds for ... suspicion of  
wrongdoing," Loukidelis wrote. "Such initiatives are multiplying at  
all levels of government in Canada and are a cause for concern."

Loukidelis suggested the law should only allow information to flow  
into police hands so fire inspectors can avoid interfering with  
ongoing investigations.

Routley said Bill 25 would be further debated this week.
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