Pubdate: Thu, 24 Apr 2008
Source: Vancouver Sun (CN BC)
Copyright: 2008 The Vancouver Sun
Contact:  http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Gerry Bellett
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)

HOME SEARCHES ARGUED

A lawyer for the Attorney-General's Ministry said Wednesday there was 
no need for the B.C. Supreme Court to overthrow a controversial 
provincial law that allows police to join fire safety inspectors to 
enter homes suspected of being used to grow marijuana.

Claims that the legislation was allowing police to enter homes 
without a search warrant, in violation of the Canadian Charter of 
Rights and Freedoms, have been advanced by lawyers representing a 
couple in an action against the city of Surrey and the B.C. Civil 
Liberties Association. In May 2007, the couple, whose home was 
consuming higher than average levels of power, refused to allow 
police in to conduct a search, but admitted a BC Hydro inspector. One 
of the homeowners is a Hells Angels associate. This inspector found 
no evidence of marijuana cultivation but was ordered to cut off the 
power because the homeowners hadn't complied with police request for access.

Craig Jones, representing the ministry, said instead of ruling on the 
constitutional arguments, the court should leave the B.C. Safety 
Standards Act intact and confine itself to giving the city guidelines 
on how to carry out safety inspections.
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MAP posted-by: Jay Bergstrom