Pubdate: Tue, 08 Jun 2010
Source: Abbotsford Times (CN BC)
Copyright: 2010 The Abbotsford Times
Contact:  http://www.abbotsfordtimes.com/
Details: http://www.mapinc.org/media/1009
Author: Christina Toth

GROWING CONCERN

INDOOR POT FARM PROCEDURES COULD GO AGAINST CHARTER

City public safety agencies are taking another look at Abbotsford's 
public safety bylaw, in light of a B.C. Court of Appeal ruling last 
month that city inspectors who search houses for marijuana growing 
operations without warrants violate the Canadian Charter of Rights 
and Freedoms.

The local bylaw has helped cut the number of fires from marijuana 
grow-ops from 15 in 2003 down to zero last year, said deputy fire 
chief Mike Helmer. City safety inspectors will continue to apply the 
bylaw, albeit with some adjustments, he said.

The Court of Appeal ruling found that two sections in the provincial 
Safety Standards Act were unconstitutional, after a challenge by 
Surrey resident Jason Cyrus Arkinstall.

 From 2005 to 2007, Arkinstall had refused to allow Surrey RCMP 
officers accompany city inspectors into his home, which they 
suspected held a marijuana grow-op because of its high power usage.

Inspectors wouldn't go into the home unescorted and later B.C. Hydro 
cut off the family's electricity, which sparked a court case. 
Provisions within B.C.'s Safety Standards Act had allowed city 
inspectors and police to investigate homes with higher than normal 
power consumption as suspected growing operations, without obtaining warrants.

Now, city inspection teams will likely need warrants before entering 
suspect properties.

How that will affect the way Abbotsford's public safety team is under 
review, but so far, it's business as usual, said Gord Ferguson, City 
of Abbotsford's manager of bylaw enforcement.

"We are reviewing it with our legal counsel. At this point, it 
doesn't look like it will affect it much. We may need to adjust our 
procedures," he said.

What those adjustments would be, he couldn't yet say. Currently, a 
public safety team consisting of fire and police members and city 
inspectors can request entry into a home suspected to have public 
safety concern, such as a grow-op.

Owners can refuse the inspectors, but they face fines and a notice on 
the property title until the situation is fixed.

Abbotsford's public safety bylaw has been very successful in knocking 
down fires caused by marijuana grow-ops to zero last year, from seven 
in 2005, said Helmer. Abbotsford saw 15 such fires in 2003. The fires 
caused more than $1 million in fire damage, put $5 million of 
property and contents at risk, and cost the city more than $150,000.

Since 2006, the public safety inspection team has identified and 
eliminated 140 residential structures found to have had illegal 
marijuana grow operations, he said.
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MAP posted-by: Keith Brilhart