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City Faces Lawsuit Over Raid On Legal Marijuana Growers
Pubdate: Tue, 15 Nov 2005
Source: Vancouver Sun (CN BC)
Copyright: 2005 The Vancouver Sun
Contact: http://www.canada.com/vancouver/vancouversun/
Details: http://www.mapinc.org/media/477
Author: Darah Hansen
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)
CITY FACES LAWSUIT OVER RAID ON LEGAL MARIJUANA GROWERS
Medical Licence Does Not Grant Right To Violate Bylaws, City Replies
Three medical marijuana advocates are suing the City of Vancouver for
$400,000 after police raided a federally licensed indoor marijuana
growing operation in the basement of a rented east Vancouver home.
"It's surprising with all this talk of liberal policies in Vancouver
- -- the safe injection sites, legal brothels and so forth -- that
something that is legal, that is authorized by Health Canada remains
taboo," said Michael Maniotis, one of three men who filed the lawsuit
against the city in B.C. Supreme Court.
Maniotis, Yoram Adler and Dale Waldman say their Charter rights were
violated when Vancouver's grow busters drug team, acting on a search
warrant, raided Waldman's home on St. George Street on Sept. 8.
Police said no charges were laid, although the city posted a "do not
occupy" notice on the home.
Adler, who is licensed to grow up to 49 marijuana plants for personal
use under a Health Canada permit, had been renting a basement room in
Waldman's home, with his landlord's consent, to grow marijuana.
Maniotis, meanwhile, was a renter in Waldman's home.
The three men are each seeking $50,000 in general damages from the
city, while Adler is asking for an additional $250,000 "for his
medical suffering, which the defendants wilfully caused," according
to a statement of claim filed in support of the civil lawsuit.
The city is maintaining that even licensed medical marijuana growers
must meet city bylaws -- and some of the electrical wiring in
Waldman's home did not.
At the time of the raid, Adler said he had no plants growing, but had
intended to start another crop in September. He said he uses
marijuana to ease symptoms of arthritis and a degenerative disease.
The seizure of marijuana-growing equipment by police, and a
"no-occupancy" citation posted on Waldman's home by the city has left
Adler with no medical marijuana supply, he said in an affidavit.
"I fear for my health . . . I am stuck without alternatives and am
forced to seek my medicine on the street," the affidavit states.
Waldman and Maniotis further allege the police abused their authority
when officers detained both men "at gunpoint" as police searched the
home for drugs and weapons.
Waldman also claims he has lost his rental income after the city cut
off power to his home, citing him for violating electrical bylaws and
for electrical theft.
The city filed its statement of defence Oct. 20. According to that
document, city lawyers say the city did nothing wrong when police
officers executed the search warrant at Waldman's home. And while
they didn't find an active grow operation inside the home, 25
marijuana plants -- not authorized under Adler's licence -- were
found growing in the backyard, the city says.
Contacted Monday, city lawyer Tom Zworski referred The Vancouver
Sun's questions to Barb Windsor, deputy chief licence inspector for Vancouver.
Windsor refused to talk about specifics of the case while the matter
is before the court. She did say that regardless of someone's status
as a licensed medical marijuana grower, "they must still meet all of
our bylaw requirements."
She said electrical wiring and certain marijuana-growing equipment
found in Waldman's home did not meet bylaw standards so power to the
home was cut off. She said Waldman will have to remove the unapproved
equipment and bring wiring up to code before power is restored and
the do-not-occupy sign removed.
Windsor said licensed medical marijuana growers in Vancouver are
encouraged to come to the city to find out how to properly equip
their homes before setting up a legal growing operation that meets city bylaws.
According to Health Canada, federal marijuana production licences do
not supersede provincial or municipal laws.
Spokesman Christopher Williams said cities have the authority to
inspect and even shut down a licensed grow operation if the licensee
fails to meet existing municipal, provincial or federal laws.
So far, no court date has been set to hear the lawsuit.
As of Nov. 4, 1,118 people were issued medical marijuana licences by
Health Canada. In B.C., there are 217 licensed users.
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