Pubdate: Thu, 21 Sep 2000
Source: Kamloops Daily News (CN BC)
Copyright: 2000 Kamloops Daily News
Contact:  393 Seymour Street, Kamloops, B.C. V2C 6P6
Fax: (250) 372-0823
Website: http://www.southam.com/kamloopsdailynews/
Author: Robert Koopmans

DRUG CASE EVIDENCE TOSSED

Prosecutors dropped drug charges against a Kamloops man Wednesday after a
judge ruled police didn't have sufficient grounds to search his house.

B.C. Supreme Court Justice Robert Hunter ruled a hydroponic grow operation
found in Sean Dean Kelly Canaday's house cannot be used as evidence to
convict him of charges of cultivation of marijuana and possession of
marijuana for the purpose of trafficking.

"You're a lucky man," Hunter told Canaday after giving his decision. "If
the evidence had been admitted, you would have been convicted on both
counts."

Canaday was charged after RCMP searched his Knutsford home March 27, 1998,
and found 20 marijuana plants, growing lights, drug trafficking
paraphernalia and some packaged dope.

Const. Daniel Thorne testified during Canaday's trial that police got an
anonymous Crime Stoppers tip indicating Canaday had been growing marijuana
in his rented Knutsford home for six months and was about to harvest his
crop.

Based on that tip alone, police convinced a justice of the peace to
authorize a search warrant giving them access to Canaday's B.C. Hydro
electricity records.

The bills showed Canaday had used 2,284 kilowatts of electricity in 39
days. A previous tenant had used roughly 620 kilowatts in 60 days. As well,
a B.C. Hydro worker told police a house slightly bigger than Canaday's on
average used about $100 of electricity a month. Canaday's bill was $136.25.

With the anonymous tip and the billing records, officers were given
permission by a justice of the peace to search Canaday's house. Inside,
they found the drugs. Items were seized and Canaday was ordered to appear
in court.

But Hunter ruled the initial tip was not reliable enough to allow a justice
of the peace to issue a search warrant for the hydro records. And the tip,
combined with the hydro records, were not enough to allow a warrant to
search Canaday's house.

He called the Crime Stoppers tip "scanty, vague and uncertain" and said
police could have investigated further to better substantiate their
suspicions about Canaday before seeking a warrant.

Hunter said it's not an easy decision to disallow "real evidence," but
added the court must consider the impact on the administration of justice
of allowing improperly obtained evidence.

He said the violation of Canaday's Charter rights was inadvertent on the
part of police, that they acted in good faith despite violating Canaday's
rights.

RCMP Sgt. Randy Brown wouldn't comment on how the decision might impact
similar police investigations until he has reviewed the court's decision.
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