Pubdate: Tue, 10 Nov 2015
Source: Globe and Mail (Canada)
Copyright: 2015 The Globe and Mail Company
Contact:  http://www.theglobeandmail.com/
Details: http://www.mapinc.org/media/168
Author: Sunny Dhillon
Page: S1

MAN SAYS HE WAS NOT LIVING IN HOME WHEN POT DISCOVERED

A father of three whose home could be seized by B.C.'s Civil 
Forfeiture Office says he was not living in the residence when police 
discovered a marijuana grow-operation, and potential Charter breaches 
from the search must be addressed before the case can proceed to a full trial.

But the Civil Forfeiture Office - a government agency that can seize 
property connected to unlawful activity even from people who have not 
been convicted or charged - said bifurcating the case would not save 
time or money, and any Charter arguments should be made within the 
confines of a normal trial.

The case is the latest attempt by a B.C. civil forfeiture defendant 
to split the proceedings - a strategy that has had some recent 
success. Defence lawyers have said tackling such matters upfront is 
the only way to challenge police conduct in forfeiture files. The 
Civil Forfeiture Office has continued to pursue marijuana cases 
aggressively, even as some police forces in the province have taken a 
hands-off approach to the drug and the new federal Liberal government 
has promised to legalize it.

Monday marked the beginning of a two-day B.C. Supreme Court hearing 
in the forfeiture case of Shawn Cronin.

Kenneth Beatch, Mr. Cronin's lawyer, told the court his client bought 
the Maple Ridge home from his father in February, 2010. Police 
searched it in August of that year, but Mr. Beatch said the house was 
being rented at the time. Mr. Cronin has said in court documents that 
he did not move into the residence until October, 2010.

Mr. Beatch said Mr. Cronin was arrested after pulling up to the home, 
going inside and returning to his vehicle with a cardboard box. 
Police had been watching the home after obtaining a warrant to search 
it - they ultimately searched both the residence and Mr. Cronin's vehicle.

The Civil Forfeiture Office has said the box found in Mr. Cronin's 
vehicle contained marijuana plants and $5,800 cash, although its 
counsel said on Monday it is arguable the vehicle search was a Charter breach.

But Jeremy Poole said the forfeiture office does not believe the 
Charter breaches extend to the search of the property.

Mr. Beatch disagreed and criticized the information that led to the 
issuance of the warrant. He said the information was based on the 
presence of the odour of marijuana, hydro readings police believed 
were too high and a heightened heat signature.

"Mr. Cronin states the way that the odour of marijuana was isolated 
to the residence is very highly problematic," Mr. Beatch said.

"... The hydro readings are very questionable, as the officer reached 
the conclusion they were elevated by comparison to his own residence. 
And the [forward-looking infrared cameras] only detect heightened 
heat signatures and that is, of course, consistent with all kinds of 
[innocent] reasons."

Mr. Beatch's application asked that the case be dismissed or stayed. 
Mr. Cronin had been charged criminally with possession for the 
purpose of trafficking and production of a controlled substance, 
although charges against him were dropped in 2013 because the case 
was not heard within a reasonable time.

Mr. Poole argued Mr. Cronin does not have adequate standing to 
challenge the search of the property if he did not reside there, a 
point Mr. Beatch again disputed.

In July, a B.C. Supreme Court judge granted an application from a 
Surrey couple to have their forfeiture case bifurcated. About 
$130,000 was seized from their home in June, 2009.

Matthew Jackson, the lawyer for the husband in the case, said at the 
time bifurcation is the only way defendants in such cases can argue 
police conduct violated the Charter. The case will be back in court 
in February.

The Civil Forfeiture Office last year abandoned the case of David 
Lloydsmith after a judge determined the Charter issues in his case 
would have to be dealt with before a full trial.
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MAP posted-by: Jay Bergstrom