Pubdate: Wed, 26 May 2010
Source: Maple Ridge News (CN BC)
Copyright: 2010 Maple Ridge News
Contact:  http://www.mapleridgenews.com/
Details: http://www.mapinc.org/media/1328
Author: Kerrie-Ann Schoenit

WARRANTS NEEDED FOR INSPECTIONS

Pitt Meadows will now require a warrant to search homes suspected of 
being marijuana-grow operations.

The change to the city's Public Safety Inspection Program comes after 
a B.C. Court of Appeal ruling Thursday that a similar program in 
Surrey violates basic privacy rights of residents guaranteed under 
Section 8 of the Canadian Charter of Rights and Freedoms. The section 
protects the public from unreasonable search and seizure.

"It will impact us, but it will not prohibit the program from 
continuing," Ridge-Meadows RCMP Supt. Dave Walsh said.

"Even though they're just doing safety inspections, there still is an 
onus on them to seek some judicial authorization to obtain that entry."

Under the program, occupants of residences with abnormally high 
energy usage are given 24 hours notice before a bylaw officer, 
electrical inspector and fire personnel search the premises.

Municipal staff will now need to draft an administrative search 
warrant under the Community Charter for a judge to grant approval 
prior to entry, Walsh said.

This type of search warrant requires less burden of proof than 
Criminal Code warrants, he added.

The Public Safety Inspection Program was introduced in 2007 to reduce 
the number of grow-ops in the city. While there has been a small 
increase in the number of grow-ops in the past few years, the number 
of electrical safety inspections has continued to drop.

There were three confirmed grow-ops in 2007, six in 2008 and seven in 
2009, according to RCMP.

The inspection team visited 38 homes in 2007, followed by 12 in 2008 
and seven in 2009. So far this year there have been no searches.

However, there are currently eight homes waiting for inspection, 
based on consumption figures provided by B.C. Hydro, said bylaw 
officer Lesley Elchuk.

"We're not getting as many inspections," she said.

Overall high energy usage in Pitt Meadows is down, something Elchuck 
credits to the success of the program.

While the program is helping weed out grow-ops in the city, Walsh 
says it is difficult to measure its direct impact.

"Is it totally going to stop them? Absolutely not, but it may 
convince some to move," he said.

"In a community that has the program, it's going to put more pressure 
on those who would consider growing to maybe want to move to an area 
that doesn't have the program."
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MAP posted-by: Keith Brilhart