Pubdate: Wed, 07 Jul 2010
Source: Surrey Leader (CN BC)
Copyright: 2010 Surrey Leader
Contact:  http://www.surreyleader.com/
Details: http://www.mapinc.org/media/1236
Author: Kevin Diakiw

SURREY POT PROGRAM CONTINUES AT PACE

Surrey's crackdown on marijuana grow-ops hasn't slowed down a bit 
since the courts ruled that warrants are required before searches are 
conducted.

Since its inception in 2004, Surrey's Electrical Fire and Safety 
Initiative (EFSI) has reduced the number of marijuana grow operations 
in this city from thousands to about 200.

Under the system, municipal teams - including fire, bylaw officers 
and police - visit homes where BC Hydro reports higher-than-normal 
power consumption.

The occupants get a warning notice that they have 72 hours to allow 
an inspection. Most of the time, grow operators have packed up and 
left by the time inspectors arrive.

However, in May a court ruled the warrantless searches were a 
violation of the Charter of Rights and Freedoms.

At the time, Surrey Fire Chief Len Garis said the ruling would just 
mean some minor tweaks to the way the program is run.

Garis told The Leader his teams have conducted 36 inspections in June 
without a single warrant being necessary.

"It's going exactly as it was before," Garis said Tuesday. "No search 
warrants have been required because folks have consented."

The bulk of those homes inspected had serious electrical problems.

Historically, 75 per cent of homes inspected had some evidence of a 
recently disassembled grow operation.

Garis said in the rare occurrence where people do not consent to a 
search, an administrative warrant can be obtained quickly.

The program was cast in doubt last month when the courts ruled that 
it violated homeowners' Charter rights.

"There is a 'hierarchy of places,' atop of which is the home," B.C. 
Court of Appeal Chief Justice Lance Finch wrote in the finding, 
adding the searches undertaken are extremely invasive.

"They involve walking through the entire residence, searching 
electrical panels, and very involved searches of attic spaces, and 
crawl spaces."

The finding was unanimous among the five Appeal Court justices.

Garis said the program will continue.
- ---
MAP posted-by: Keith Brilhart