Pubdate: Fri, 06 Oct 2006
Source: Calgary Sun, The (CN AB)
Copyright: 2006 The Calgary Sun
Contact:  http://www.calgarysun.com/
Details: http://www.mapinc.org/media/67
Author: Shawn Logan, Calgary Sun
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

GROW OP BYLAW FACING LEGAL WRANGLING

Legal questions swirling around city plans to implement a bylaw to
crack down on marijuana grow ops requires more time to properly
review, a city committee will hear on Wednesday.

With illegal grow ops cropping up in Calgary neighbourhoods, the city
had looked into bylaws being used in other municipalities in an effort
to put the reins on the growing problem.

But concerns over privacy and potential Charter challenges have
grounded plans for a new bylaw, which had been slated to go before the
city's community and protective services committee after council had
called for a review in June.

Ald. Bob Hawkesworth said even though grow ops have become a major
problem, the city needs to ensure it is going in the right direction.

"Where we have the legal authority, we should use it but the
temptation for some communities is we sometimes wander into areas of
law where we have no jurisdiction and sometimes that backfires," he
said.

"Obviously it's an important issue and as long as we stay within the
playing field, we should be doing all we can."

The city reviewed bylaws in the B.C. cities of Surrey, Richmond and
Chilliwack, which all had passed legislation aimed at combating grow
ops through a number of techniques.

City council had made a motion to enact a bylaw similar to Chilliwack,
which regulates the sale of hydroponic and drug paraphernalia.

However, a report that will come before the committee noted that
city's legislation has been stalled while it awaits a report from
B.C.'s privacy commissioner.

The city's legal department is calling for more research into the
possible implications of the bylaw, including privacy and Charter
concerns, as well as looking into the impact on businesses and
jurisdictional issues.
- ---
MAP posted-by: Derek