Pubdate: Tue, 13 May 2008
Source: Province, The (CN BC)
Copyright: 2008 The Province
Contact:  http://www.canada.com/theprovince/
Details: http://www.mapinc.org/media/476
Author: Brian Lewis

FIRE CHIEF HAS OTHER TACTICS UP HIS SLEEVE

Len Garis Won't Be Too Upset If Courts Nix His Inspection Brainchild

No matter what the outcome of a recent challenge to a B.C. law that
allows police and safety inspectors to enter homes they suspect of
containing marijuana grow-ops, Surrey Fire Chief Len Garis won't be
giving up.

After all, the Electrical Fire Safety Initiative, which has now shut
down thousands of grow-ops in Surrey and other Fraser Valley
municipalities since 2005, was the brainchild of Garis and University
of the Fraser Valley criminologist Darryl Plecas.

Under the program, a city has the legal authority to conduct safety
inspections of homes that are using abnormally high amounts of
electricity, based on information provided by B.C. Hydro.

It's founded on the premise that homes containing illegal grow-ops use
an abnormally high amount of electricity and that their wiring
modifications often pose significantly increased fire risks - not only
to the house in question, but to the entire neighbourhood.

Advance notice of an inspection is required under the program, which
is supported by amendments to the provincial Safety Standards Act.
And, even if a grow-op is found and/or bylaw infractions result in
fines, any grow-op evidence uncovered during the inspection cannot be
used to lay criminal charges.

That's a key component in a recent court challenge, in which a Surrey
couple argued in B.C. Supreme Court that the provincial government
didn't have the authority to amend the Safety Standards Act.

The lawyer representing Jason Arkinstall, who has a criminal record,
and Jennifer Green argued before Justice Bill Smart that these
inspections amount to a warrantless search by police and violate
citizens' rights.

Power to their 6,800-square-foot South Surrey home was cut off
temporarily in May 2007 after Arkinstall allowed everyone on the
inspection team, except for the police, into the home to conduct a
safety inspection.

However, only a B.C. Hydro inspector entered and found nothing
wrong.

But the City of Surrey argued in court that these safety inspections
don't violate a person's rights because a home's occupant doesn't face
criminal prosecution as result of any evidence the inspection discloses.

However, since the case raises constitutional issues, the stakeholders
are in for a long wait before the judge hands down his decision.

"I'd say there's a foot of paperwork for the judge to go through, so
I'd be very surprised if we see a decision before September," says
J.J. McIntyre, who is Surrey's lawyer.

"Obviously, we're concerned about the outcome of this court
challenge," Garis adds.

But the Surrey fire chief says that no matter what the court's
decision, his program will likely continue in one form or another.

"We're not about to throw in the towel because there are alternative
strategies we can use if the decision goes against us," he says.

"For example, we know there's an over-representation of hydroponics
shops in B.C., compared to Alberta or Washington, so we're looking at
ways to address that," he adds.

"This case's widespread attention has also resulted in people coming
forward with other good ideas to accomplish the same end," Garis says.

"Ultimately, it'll take the entire community to solve this problem,
not just the police and courts."
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MAP posted-by: Derek