Pubdate: Tue, 25 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
Author: Dustin Cantwell

LOCAL POLICE CHIEF GOES TOO FAR

To the Editor:

I felt that I had to comment on Chief Maluta's proposed Grow
Operations Bylaw.

The safety measures put into our Charter of Rights and Freedoms are
there to protect the most sacred of places, a persons home.  These
Charter Rights were put into place to curb the abuses of the state
against the people.

What the chief of police fails to mention is that it is the systemic
violations of citizens rights which have brought disrepute to the
justice system and thus the high standards required by this police
force to get a search warrant.

I also find it highly surprising that the fire department and city
officials would allow their positions in the community to be
compromised by becoming agents of the state.  The fact that they are
agreeing to conduct drug investigations under the guise of "building
and electrical safety inspections" is to make a joke of their concern
for this community and strikes at the heart of their professions.  For
people who depend on the full cooperation of the community... and to
now cloth themselves in the robe of law enforcement... I believe will,
in the long run, destroy their credibility within the city.

The police in this area have long touted the violent aspects of the
drug culture, wielding such images as organized crime, weapons and
gang violence. But they seem quite willing to put non law enforcement
public servants at the front lines of this hyped War on Drugs.  Does
this seem right to you? Or maybe there isn't such a violent aspect to
the growing of cannabis in this area.

Where will this lead I wonder?  By-Law officers with infrared cameras,
public works employees with battering rams or even better undercover
City of Nelson office employees masquerading as appliance sales people.

The most disturbing part of this by-law would be the sole discretion
of the police force to lay charges.  This would effectively make the
police force judge and jury.

As a final note the B.C. Court of Appeal just this week found that
such By-Laws were unconstitutional and a violation of Section 8 of the
Charter of Rights and Freedoms.  Clearly, any move to implement these
kinds of By-Laws is against the law and would present a legal
liability to the City of Nelson.

For a police force that has such a high reputation amongst law
enforcement circles in Canada, particularly in the areas of solving
crimes and recovery of stolen property,  I question why they would
take this approach.

Dustin Cantwell

Nelson, B.C. 
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