Pubdate: Wed, 12 Nov 2008
Source: Abbotsford News (CN BC)
Copyright: 2008 Abbotsford News
Contact:  http://www.abbynews.com/
Details: http://www.mapinc.org/media/1155
Author: Rochelle Baker
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

GROW-OP FIGHTING PROGRAM THREATENED

Abbotsford's Public Safety Inspection Team (PSIT) which targets
illegal marijuana grow operations may be in danger, following a recent
B.C. Supreme Court decision.

The court decision, based on a case involving a similar program in
Surrey, has upheld the municipality's right to inspect suspected
grow-ops, but now forbids police from attending and protecting city
bylaw officers.

Jay Teichroeb, city spokesman, said the city is not sure how the
ruling will impact Abbotsford's PSIT.

"We've asked for a legal opinion on that ruling, and are waiting to
hear back from our lawyers regarding the appropriate course of action
for the City of Abbotsford to take, and the implications for PSIT
operations," Teichroeb said.

"Of paramount importance to the city is the safety of its employees,
while still balancing that with the need to ensure our neighbourhoods
are safe."

Abbotsford's PSIT acts on tips from the public or on finding
abnormally high water or hydro use readings. It conducts inspections
on properties suspected of housing a grow-op.

If any city bylaws or fire and building codes are violated, the city
puts a no-occupancy notice on the property.

Abbotsford Police accompany city bylaw officers during the inspections
to guarantee their safety.

Justice William Smart ruled at the end of October that the Safety
Standards Amendment Act, which allowed Surrey's electrical inspection
teams to enter residences suspected of containing grow operations,
does not violate the Canadian Charter of Rights and Freedoms.

However, bringing police along for the inspection breaches Section 8
of the charter, which protects the public against unreasonable search,
Smart found.

"A police search of a private residence, even when conducted in aid of
an electrical safety inspection, is intrusive," Smart wrote in his
ruling.

"The search and police presence during the safety inspection add a
significant stigma to the inspection, imbuing it with an aura of
criminality absent from a typical electrical safety inspection," he
ruled.

"These factors must be considered together with the very high
expectation of privacy that attaches to a private residence."

The decision was the result of a Surrey resident - whose home was the
subject of an inspection in May 2007 - taking the city to court and
challenging the constitutionality of the whole inspection program.
Teichroeb said the city expects to have some response from its lawyers
within the next few weeks.

He declined to say whether the PSIT was still conducting inspections
without the presence of police officers.

"We can't talk about it at this point, because we like to keep tactics
and strategies the PSIT team takes under wraps, so we're not tipping
our hand to individuals that are involved in the business of grow-ops."

The safety inspection team, which now has eight full-time members, has
been in operation since 2005. It is a key initiative in combatting
illegal marijuana grow operations.

The city launched a media campaign in February to educate Abbotsford
residents about the signs of grow-ops in their neighbourhoods so they
could report any suspicious residences to the PSIT.

In 2006/2007, the city reported it shut down a total of 258 grow
operations.

As of the end of last month, the city had shut down 32 confirmed grow
operations in 2008, said Teichroeb.

With files from Kevin Diakiw
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MAP posted-by: Larry Seguin