Pubdate: Thu, 13 May 2010
Source: Nelson Daily News (CN BC)
Copyright: 2010 Nelson Daily News
Contact: http://www.nelsondailynews.com/section/nelson0303&template=letter
Website: http://www.nelsondailynews.com/
Details: http://www.mapinc.org/media/288
Page: 3
Author: Colin Payne

TORY PLANS NOT UNDERMINING PROPOSED NPD DIRECTION

FEDERAL LAW AT THE LOCAL LEVEL: Last week's announcement in Ottawa 
that the Conservatives tightening up grow-op legislation not contrary 
to what local police  have in mind

The Nelson Police Department says its proposed new bylaw aimed at 
rooting out grow ops without criminal charges is not at odds with the 
federal government's new crime bill that would impose harsher 
penalties on marijuana growers.

Last week the federal government reintroduced Bill S-10, which would 
impose a minimum six-month sentence on anyone convicted of growing as 
few as five marijuana plants.

On the same day The Nelson Daily News reported that the City of 
Nelson and the Nelson Police Department are setting to work on a 
bylaw that would see police and fire officials conduct a mandatory 
fire inspection on homes suspected of harbouring marijuana grow operations.

The home owners would be given 48 hours notice to get rid of their 
plants before city officials would come inside to do the inspection.

The two laws might seem at odds with one another, but Nelson Police 
Department Chief, Dan Maluta said the plan is to target higher-level 
grow operations with criminal charges and use the bylaw to get rid of 
smaller operations that they don't have the time or resources to deal with.

"The fact that we're pursuing the grow op bylaw doesn't go in 
contrast or run contrary to their direction," Maluta said. "It just 
means that for us we're going to be utilizing another tool besides 
the criminal courts to deal with grow ops."

Maluta said the NPD has, at any one time, about 12 active files on 
grow ops in the city and they usually manage to successfully pursue 
about four of those due to the necessary channels in the criminal 
justice system.

He said the new bylaw will allow police to root out the lower-level 
operations and focus their attention more closely on higher-level operations.

"For example, if there are some serious criminal targets, repeat 
offenders or grows we believe are of a high commercial nature, or 
associated to gang activity, they're definitely our first priority 
and we'd be going after those under the Controlled Drugs and 
Substances Act," Maluta noted.

"But we can't get to them all. And those that are not so high on the 
radar, they could be dealt with though the grow op bylaw."

He said removing the smaller operations will make neighbourhoods 
safer by removing the fire hazard and the potential for home 
invasions posed by grow ops.

Nelson RCMP Staff Sergeant, Dan Siebel has experience with a similar 
bylaw imposed by the City of Richmond and says he's in favour of the 
City of Nelson enacting such a bylaw.

He said the bylaw was carried out by teams consisting of police, fire 
officials and an employee of the city who would go to residences and 
give 24 hours notice of a pending inspection.

"The success rate on those as far as finding evidence of a marijuana 
grow or an electrical bypass was very high," Siebel said. "So 
obviously they were picking and choosing the ones based on power 
consumption or other evidence."

"I would certainly . . . be supportive of such a bylaw (in Nelson)."
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MAP posted-by: Keith Brilhart