Pubdate: Wed, 07 May 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

SAFETY STANDARDS ACT MUST BE REVIEWED TO ELIMINATE ABUSE

The Safety Standards Act was brought in as an extraordinary solution
to an extraordinary problem -- the thousands of marijuana growing
operations that have sprouted throughout British Columbia.

At the time it was passed by the legislature two years ago, we
supported the new powers it bestowed on municipalities despite
concerns raised by the B.C. Civil Liberties Association and the
provincial information and privacy commissioner, David Loukidelis,
because it appeared to be a useful tool if carefully employed.

The act allows BC Hydro to turn over to local municipalities lists of
customers who are using above-average amounts of electricity, which
could be a sign that a home is being used as a growing operation.

Municipalities have been concerned about the spread of such operations
because, in addition to being illegal and a common tentacle of
organized crime, growing operations are a serious fire hazard. Houses
used for growing marijuana are a threat to their neighbours because of
dangerous wiring used for high-intensity lights and other
modifications.

In effect, the Safety Standards Act gives municipalities the power to
search a house without a warrant where a marijuana-growing operation
is suspected based on above-average hydro bills.

Reports are surfacing, however, that the extraordinary powers granted
under the act are being abused. While many growing operations have
been chased away, the wide net cast by the act is also ensnaring
innocent homeowners who are in effect being punished without having
resort to any of the usual safeguards in place to protect the
wrongfully accused.

In one case in Coquitlam investigated by Vancouver Sun reporter Gerry
Bellett, inspectors descended on a large home with a swimming pool
that used a lot of power. First, they embarrassed the family by
posting a notice on the door declaring officials had determined that
the house was being used to grow marijuana.

When inspectors accompanied by police finally conducted a search two
days later, they found no sign of marijuana cultivation, but did cite
the homeowner for other violations of local bylaws.

In other cases, residents complain they are being charged $5,000
re-inspection fees based on the presumption that their home had at
some point been used as a growing operation, even though no evidence
to that effect had ever been or ever would be tested in court.

In one case that resulted in a lawsuit, a member of the Hells Angels
was targeted for a safety search of his 6,000-square-foot house. He
agreed to allow safety inspectors in, but not the police officers who
accompanied them.

The electrical inspector found nothing, but the municipality ordered
his power disconnected because the homeowner had not cooperated fully.
It took a court order to get the power turned back on.

While it's difficult to find much sympathy for members of a criminal
organization, history shows that unless we protect the rights of all
citizens, we render the concept meaningless for when we need the same
protection ourselves.

The extraordinary power of searching a home without a warrant provided
under the Safety Standards Act was justified as a way of protecting
communities from a serious safety risk.

It cannot be used for any other purpose without undermining the
legitimacy of its original intent.

Most insidious is the suggestion that the act is being used to punish
people that police or civic officials believe are engaged in or have
been engaged in illegal activities.

The powers granted under the Safety Standards Act should be reviewed
by the province to ensure they are being used only as originally
intended. A law that allows for abuse of anyone serves no one well.
- ---
MAP posted-by: Derek