Pubdate: Sun, 31 May 2009
Source: Province, The (CN BC)
Copyright: 2009 Canwest Publishing Inc.
Contact: http://www.canada.com/theprovince/letters.html
Website: http://www.canada.com/theprovince/
Details: http://www.mapinc.org/media/476
Author: Sam Cooper
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

POT GROWER HAPPY HOME'S HERS

North Van Woman Won't Forfeit Grow-Op House

A North Vancouver woman who gets to keep her house -- and duck a 
$100,000 fine for growing and selling marijuana from home -- was 
"pleasantly shocked" by a Supreme Court of Canada ruling in her favour Friday.

Judy Ann Craig, a 58-year-old former realtor who now travels the 
province selling wholesale goods, went to Canada's highest court to 
appeal the seizure of her $500,000 North Van home, which she had used 
to grow and sell pot starting in 1998.

The Crown said 186 pot plants were seized when Craig was busted 
following a North Vancouver RCMP stakeout, and she was convicted in 2003.

Craig's lawyer, Howard Rubin of North Van, argued that taking her 
home as she neared retirement was too harsh. Also, government seizure 
laws should be directed to organized-crime-related property, not 
"bottom of the food chain" operations like Craig's, he said.

Craig is currently on a sales trip to Kelowna; Rubin said "she was 
ecstatic" when he phoned her about the ruling Friday morning.

"She was in a pleasant shock," he said. "This case has been the end 
of the world for her. She lost her self-esteem." Craig is not 
available for comment, Rubin said.

Rubin said the 5-2 ruling blocking forfeiture of Craig's home 
reflected the size of her grow-op, her age and the fact she had no 
prior criminal record.

While the B.C. Court of Appeal said Craig was making $100,000 a year 
selling pot, Rubin said that doesn't make her a big-time dealer.

"She was making a lot of money but at the end of it, she didn't have 
a lot of money." Asked if he thought Craig would consider selling pot 
again, Rubin laughed and said: "Not a chance in the world.

"She's a straightforward, honest citizen who made the mistake of 
starting to sell marijuana. [Selling pot] financially destroyed her." 
In a companion case released Friday, the court upheld a forfeiture 
order against Kien Tam Nguyen of Surrey. Although the court 
acknowledged the Nguyen grow-op was similar in size to Craig's, it 
was a secondary residence, which "suggests that the property's main 
function was as the site of a grow operation," the court said.

Rubin said Friday's landmark ruling "doesn't impact on the ability of 
police to go after organized crime at all." RCMP spokesman Const. 
Annie Linteau said there is not necessarily a "black-and-white" 
distinction between organized-crime and small-time grow-ops such as Craig's.

Linteau said "it's possible" organized crime can source pot from 
small grow-ops and police "are not always aware of alliances [in drug 
distribution.]" Linteau said the RCMP respect the court's ruling.

"We have no reason to believe this decision will impact on our 
day-to-day policing," she said. "We will continue to recommend 
forfeiture of property related to organized crime." Linteau could not 
say whether that means so-called small-time growers get a pass on 
forfeiture recommendations.

In arguing for the Craig forfeiture, the Crown said home grow-ops are 
increasingly endangering communities across Canada with fire and 
violent home-invasion risks.

"I wouldn't want to have a grow-op next to my place," Linteau said. 
"There is the risk of grow-rips and turf wars." City of North 
Vancouver Fire Chief Barrie Penman said no matter the size, grow-ops 
pose a "fatal" risk.

"There's a great danger when you are dealing with chemicals in some 
of these 'mom and pop' shows," Penman said. "The chemicals are 
dangerous and very volatile."
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