Pubdate: Sat, 10 May 2008
Source: Maple Ridge News (CN BC)
Copyright: 2008 Maple Ridge News
Contact:  http://www.mapleridgenews.com/
Details: http://www.mapinc.org/media/1328
Author: Robert Mangelsdorf
Bookmark: http://www.mapinc.org/topics/grow+operations

CITY GROW OP PROGRAM IN QUESTION

A Pitt Meadows pilot program that allows the city to inspect homes
suspected of being marijuana grow-operations could be in jeopardy if a
legal challenge in the B.C. Supreme Court is successful.

Pitt Meadows' Public Safety Inspection Program started in Feb. 2007,
and was modelled on similar programs already in use in Surrey and
Abbotsford.

Under the program, the city can conduct electrical safety inspections
on residences with abnormally high energy usage, based on information
provided by B.C. Hydro.

Occupants are given 24 hours notice prior to a search by the
inspection team, which is made up of a bylaw officer, an electrical
inspector, fire personnel, as well as members of the RCMP for security
purposes.

The property owner is fined $3,000 if evidence of grow-op is
found.

"This is a public safety issue," said team coordinator Lesley
Elchuk.

The illegal electrical modifications necessary to run a grow-op can
pose a fire hazard, she added, putting the entire community at risk.

Pitt Meadows council first approved the six-month pilot program in
February 2007 and voted to extend it for an additional six months in
September. However, the program didn't get started again until April
for lack of an electrical inspector.

The legal basis for the electrical safety inspection program was
provided by Surrey Fire Chief Len Garis, formerly head of the Pitt
Meadows fire department.

However, the legality of that amendment is currently before the B.C.
Supreme Court, and if ruled illegal, could mean the end of the program
in Pitt Meadows and others like it.

"We may have to do some reevaluating of the [program]," said Elchuk.
"I don't think it will get struck down entirely.

"I certainly hope that it won't."

At the heart of the legal challenge is whether the warrant-less search
is a violation of a person's rights against unreasonable search and
seizure.

However, Elchuk says the Pitt Meadows program is purely a public
safety measure, and doesn't seek criminal charges. The only reason
police are on site is to ensure the safety of the inspection team. To
date, Pitt Meadows' Public Safety Inspection Team has inspected 40
homes, finding remnants of 17 suspected marijuana grow-ops in the process.

With a one-day warning, the grow-ops pack-up and move, leaving only
debris and damaged electrical panel boxes behind when the team comes
to inspect the house, Elchuk said.

Regardless, she contends that the program has become an effective
deterrent to the dangerous and illegal drug operations.

During the first round of inspections in February, 37 homes were
flagged by B.C. Hydro for high energy consumption, while only 12 were
flagged in April.

"It's been a very successful program," said Elchuk.
- ---
MAP posted-by: Larry Seguin