Pubdate: Fri, 08 Feb 2008
Source: Vancouver Sun (CN BC)
Copyright: 2008 The Vancouver Sun
Contact:  http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Kim Bolan
Bookmark: http://www.mapinc.org/raids.htm (Drug Raids)
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

SOLICITOR-GENERAL URGES PROSECUTORS TO APPEAL POT-GROWER CASE DECISION

Police Say They Won't Change Tactics Despite Judge's Ruling That They 
Entered Home Too Fast

Solicitor-General John Les says police entering suspected drug houses 
cannot wait around at the front door "while the bad guys are locking 
and loading."

Les urged federal prosecutors to appeal a controversial B.C. Supreme 
Court ruling this week in which a pot grower with 704 plants was 
acquitted because the judge said the forced entry by police was too 
extreme and unconstitutional.

Surrey RCMP knocked on the door of Van Dung Cao in March 2004 with a 
search warrant in hand and then used a battering ram on a second door 
two minutes later, entering with their guns drawn.

Justice Catherine Bruce said the police didn't wait long enough and 
violated Cao's Charter right to a proper warning.

But Les said Thursday he thinks the ruling is out of touch with the 
critical problem of organized crime and the drug trade.

"If two minutes isn't long enough, what is?" he asked. "These are 
typically dangerous situations. There have been too many of these 
grow-ops found with guns and ammunition in them, with booby traps in 
them. And the police know this and that is why they react the way that they do.

"What are they supposed to do? Continue waiting politely while the 
bad guys are locking and loading? I think it needs to be appealed," 
Les said. "I think what federal Crown counsel in this case have to 
notice is the public outrage and on the basis of that maybe come to 
the conclusion that if nothing else, this needs to be reviewed by appeal."

He said Bruce's ruling, released Wednesday, is a setback in tackling 
the illegal marijuana industry.

"It is particularly disheartening to me, in that we have been making 
some pretty good headway in terms of going after grow-ops -- 
particularly in Surrey where they estimate the number of grow-ops is 
down by 40 per cent in the last year," Les said.

"We constantly have this notion of wanting to tie police hands behind 
their backs as they try to keep our communities safe."

Repeated calls to the Public Prosecution Service of Canada to ask 
whether an appeal is being considered were not returned Thursday, for 
a second day.

Attorney-General Wally Oppal, a former judge, said he understands why 
Bruce ruled the way that she did. "It is not our issue. It is a 
federal issue," Oppal said.

"But before we start running off and blaming this judge, one should 
look at what the law is. The judge was following the law."

Surrey RCMP Sgt. Roger Morrow said the drug team does not intend to 
change its practices despite the ruling. He said the reaction to the 
decision has been very much in favour of police.

He said it is almost as if the "justice system" should now be called 
the "legal system" because of all the Charter arguments now being 
made by accused.

Sgt. Neil Munro, head of the Vancouver Police "growbuster" team, said 
the ruling won't change police practices. The eight-person unit 
executes almost 100 search warrants a year on suspected growing operations.

"If you think how long two minutes is, you can walk from just about 
any place in your house to the front door in two minutes unless 
you've got one heck of a big house," Munro said. "A mailman with a 
special delivery or a delivery man -- how long would they wait?

"I don't think very many of them would be waiting there for two or 
three minutes."

If police wait too long, Munro said the suspect could hide or prepare 
a violent response to police.

Murray Mollard, of the B.C. Civil Liberties Association, said that 
despite the controversy surrounding the ruling, the judge carefully 
considered the public's safety.

But New Democrat public safety critic Mike Farnworth said the ruling 
put a marijuana trafficker's rights ahead of the community's 
well-being and must be appealed.

"Marijuana grow-ops are an epidemic and pose a serious threat to 
public safety, our communities and our youth," he said.

"This B.C. Supreme Court ruling appears to favour the rights of a 
person running a major grow-op at the expense of all other crucial 
considerations," Farnworth said.
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