Pubdate: Fri, 04 Mar 2011 Source: Chilliwack Times (CN BC) Copyright: 2011 Chilliwack Times Contact: http://www.chilliwacktimes.com/ Details: http://www.mapinc.org/media/1357 Author: Paul J. Henderson, The Times WEEDING OUT STRATA GROW OPS City Council Hopes Strata Councils Will Re-Write Their Bylaws to Ban Medicinal Marijuana Growing Chilliwack city council wants to banish medicinal marijuana growers from residential areas and is considering asking strata councils to enact bylaws forbidding the activity. At Monday's meeting, council directed city staff to investigate whether or not such strata bylaws would even be legal before any notice was sent out. In December, city council directed staff to explore a bylaw to restrict medicinal marijuana grow operations. Mayor Sharon Gaetz said the city is concerned about electricity use, water issues, disposal of fertilizers, fire danger and theft. But notwithstanding potential human rights violations inherent in a municipal or strata bylaws of this kind, a Vancouver real estate lawyer who specializes in strata corporation issues told the Times such a bylaw would likely be legal. "Strata corporations, by three-quarter vote of owners, can prohibit behaviours that are otherwise legal," Elaine McCormack said. "If I want to put hardwood floors in my strata lot, that maybe legal, but the strata, in the best interests of all owners, could forbid it." Other examples include the bylaws that restrict dogs or rentals, which are otherwise legal but can be limited by stratas. However, McCormack agreed that the human rights code could come into play. "I think there would be human rights challenges," she said. "In both the dog issue and your issue of medical marijuana it comes down to Section 8 of the human rights code." Tony Gioventu, executive director of the Condomium Home Owners Association of B.C., said he had heard about Chilliwack city council's idea and he pointed out the city doesn't have the authority to meddle in what strata corporations regulate. "The city has no jurisdiciton," he said. "You can't compel [a strata council] to make a bylaw." Gioventu said stratas were overlooked when medicinal marijuana legislation was enacted. "The problem is when medical licences were contemplated in residential units, no one contemplated how that would affect multi-family developments," he said. Gioventu said stratas would also be faced with another dilemma: if they are aware of a medicinal grow-op would they be compelled to disclose that to someone looking to purchase a neighbouring unit? "I don't know the answer to that question," he said. When it comes to a municipal bylaw, anything on Chilliwack's horizon will likely face constitutional challenges, according to a Vancouver marijuana anti-prohibition organization. Jacob Hunter of the Beyond Prohibition Foundation said in December that if the City of Chilliwack enacts such a bylaw "it is exposing itself to significant court costs." When asked if his organization would make a formal legal challenge to Chilliwack if a medical marijuana bylaw was enacted, Hunter said his foundation is "exploring such litigation along with some affiliated organizations. If we do not challenge the bylaw, one of those organizations will." The city will also forward a resolution to the Union of B.C. Municipalities for submission to the federal government, asking that the role of inspection of medical marijuana grow operations be downloaded to the provincial government. - --- MAP posted-by: Richard R Smith Jr.