Pubdate: Thu, 16 Dec 2010
Source: Mission City Record (CN BC)
Copyright: 2010 The Mission City Record
Contact:  http://www.missioncityrecord.com/
Details: http://www.mapinc.org/media/1305
Author: Carol Aun

CLASS ACTION LAWSUIT THREATENED

A group of Mission residents are threatening a class action lawsuit
against the district after they received a $5,200 bill when their
homes were searched by the Public Safety Inspection Team (PSIT).

BC Civil Liberties Association's Micheal Vonn led the charge when she
appeared as a delegation to council Monday night.

Vonn told council she was concerned about the "numerous and credible"
complaints her group has received and concluded residents have
"suffered a serious violation of rights."

This fee is more like a fine because it's only applied to houses
suspected of housing marijuana grow operations, she said, adding the
large sum is "unbelievable" and not in line with typical inspection
fees.

"These inspections are administrative procedures," she accused.
"What's happening is not fair ... and it's putting innocent people
under horrible duress."

Vonn noted there's insufficient evidence in some cases, a lack of
procedural fairness and no effective review process. "All this, makes
Mission ripe for a class action lawsuit."

Stacey Gowanlock, Trish Banfield, and Len Gratto -- who all had their
homes searched and were all at the meeting -- said they wouldn't
hesitate to join the lawsuit.

Gowanlock told The Record he was there when PSIT entered his home. The
district inspectors went through his home in 10 minutes and he said
the only thing they found was incorrect hot tub wiring.

He had the problem fixed and even paid the $5,200 fee, but he wants it
back.

The district put a Do Not Occupy order on Banfield's property, but she
is refusing to leave and says her house is safe to inhabit.

Gratto is already working with a lawyer and his wife Leona admitted if
she knew then what she knows now about PSIT, she would never have let
them in her house.

"We were all naive until we started talking to other people about it,"
she said.

"What gives them the right to give me a $5,200 inspection fee for an
hour's work?" asked Len Gratto.

The group had other questions they wanted to ask council, but missed
their opportunity during the public question period.

The crowd had been noisy throughout the night and Acting Mayor Terry
Gidda, who was filling in for the vacationing James Atebe, had a hard
time keeping order.

Vonn didn't realize the opportunity had passed until council started
the public hearing portion of the meeting. She asked council for an
opportunity for others to inquire publicly about her presentation, but
was told question period had closed.

Outbursts from the gallery soon followed and Gidda had to ask those
people to leave and threatened to call police.

Outside council chambers, Vonn expressed disbelief that council
wouldn't let "a room full of people address their elected
representatives."

"This is the first time I've seen something like this," said Vonn, who
has made many presentations to different councils. "Part of what I'm
doing is informing council we know people are considering lawsuits and
it's not the way you want to deal with it."

BCCLA has received 10 complaints about Mission's PSIT program, but for
everyone that has launched a complaint, there are many more who
haven't, she explained.

"This is something that has caused stress in the community and it's
best dealt with at a community level. I would be sorry to see the
courts involved."

Mission's PSIT program is continuing to do its work, said Glen
Robertson, the district's chief administrative officer. He refused to
comment on the legal threat, but noted council receives delegations
regularly and it is up to council to determine if they want to address
it or discuss it further.

In the meantime, the district is trying to provide answers regarding
its PSIT program. For more information on the program, see the
district's City Page on page 28. 
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MAP posted-by: Jo-D