Pubdate: Sat, 01 Nov 2008
Source: Langley Times (CN BC)
Copyright: 2008 Langley Times
Contact:  http://www.langleytimes.com/
Details: http://www.mapinc.org/media/1230
Author: Frank Bucholtz
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

TEAMS WILL CONTINUE

The B.C. Supreme Court decision upholding Surrey's Public Safety 
Inspection Team, but not allowing RCMP officers to search homes as 
part of the process, will also be felt in Langley.

Langley Township's team is based on the Surrey model, developed by 
Surrey fire chief Len Garis as a result of growing concerns about the 
fire and safety hazards posed by electrical bypasses and other 
aspects of growing marijuana in homes.

A planned search by the Surrey team of a large home that used a high 
amount of power was stopped when the homeowners refused to allow RCMP 
officers into the home. They had no problem with the team doing an 
inspection, but felt that police were there to look for potential 
issues leading to an application to obtain a search warrant. The 
power was turned off to the couple's home for several days, but it 
was restored and an eventual inspection by a qualified electrical 
inspector turned up no problems.

The couple sued the city and Justice William Smart came down with a 
decision recently.

He stated that the inspections are a valuable public service, as they 
ensure that fire hazards and electrical faults are dealt with.

However, he agreed with the couple that police officers, who had been 
used by the team to provide security, could misuse the opportunity 
they have to be inside homes where there may or may not be illegal 
activity going on.

A variety of court rulings over the years, based on the Charter of 
Rights and Freedoms, has severely affected the ability of police to 
obtain search warrants. The courts jealously guard that restricted 
ability to search homes, and it is not at all surprising that the 
judge would not consent to allowing the RCMP to be part of the teams.

Langley Township fire chief Doug Wade says he would like to resurrect 
the Langley team, which is on hold for the present because of an 
unrelated court case. However, he wonders just how it will be able to 
do its job without the RCMP presence.

That is a question that remains unanswered for the present. However, 
there's no doubt that Garis and the Surrey fire department won't be 
giving up on this initiative, and Langley will be able to follow the 
new direction that they forge.

The Public Safety Inspection Team does play an important role in 
keeping homes safe, but like any government agency, it must follow 
the restrictions placed on it by the legal system.
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MAP posted-by: Jay Bergstrom