Pubdate: Tue, 25 May 2010 Source: Maple Ridge Times (CN BC) Copyright: 2010 Lower Mainland Publishing Group Inc Contact: http://www.mrtimes.com/ Details: http://www.mapinc.org/media/1372 Author: Amy Steele, The Times Note: with files from Canwest News Service COURT RULING WON'T DETER PITT PROGRAM The Mayor of Pitt Meadows says his municipality will continue with its grow op inspection program despite a recent B.C. Court of Appeal decision that homes can't be inspected without a warrant. Don MacLean said in the last two years there have been two fires in houses that had grow ops in them and the fires could have burned down adjacent houses as well if they hadn't been put out in time. MacLean said protecting public safety is a higher priority than "protecting the rights of criminals." "Sometimes these Charter challenges...they only think about individual rights, not the rights of the community they live in," he said. MacLean believes the inspection program has deterred grow ops in Pitt Meadows. "The reality is that they're looking for other communities that might be an easy touch and Pitt Meadows is not going to be an easy touch," he said. MacLean said having to get warrants before inspections might mean more expense for his community but he believes it would still be worth it. Lesley Elchuk, bylaw enforcement and licensing inspector with Pitt Meadows, said the public safety inspection team, which includes members of the fire department, RCMP and city staff, has been in place for four or five years now. Elchuk reviews hydro consumption figures provided by BC Hydro and if a house uses over 92 kilowatts per day the team looks into it. First, they rule out legitimate electricity uses such as a pool or hot tub. Then the team posts a 24-hour notice of inspection on the home's door. After the 24 hours is up they do the inspection. Elchuk said up until now they have never gotten warrants but that will change after the court ruling. "Now it will be required," said Elchuk. "It'll just take us a little bit longer to get all the material together." Elchuk said she believes the program has been "very effective" and since the program began there have been fewer grow-ops found. "Ever since we started every year it's been less and less. It's made a big difference," said Elchuk. She said since the beginning of 2010 there have been six houses that appear to be using excessive electricity but the city hasn't conducted any inspections yet. In a recent B.C. Court of Appeal decision the court ruled that Surrey's public safety inspection program, which allows electrical inspectors to search homes for marijuana grow-ops without a warrant, violates the Canadian Charter of Rights and Freedoms. Five members of the court sided with appellant and Hells Angel associate Jason Cyrus Arkinstall in ruling two parts of the Safety Standards Act are unconstitutional. Surrey's inspection program had become a model across B.C. Chief Justice Lance Finch said two sections of the act that "authorize the warrantless entry and inspection of residential premises for the regulatory purpose of inspecting electrical systems for safety risks that may be related to marijuana grow-operations" infringe the appellants' rights under Section 8 of the Charter of Rights and Freedoms." The appeal court overturned an October 2008 B.C. Supreme Court ruling that said the Safety Standards Act was constitutional, though the attempted searches of Arkinstall's residence were improper. - --- MAP posted-by: Jo-D