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Grow-Op Hunt Sparks Class-Action Suit
Pubdate: Tue, 13 May 2008
Source: Province, The (CN BC)
Copyright: 2008 The Province
Contact: http://www.canada.com/theprovince/
Details: http://www.mapinc.org/media/476
Author: Keith Fraser
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
GROW-OP HUNT SPARKS CLASS-ACTION SUIT
Fifth Court Action Against City Since 2007
A Coquitlam homeowner has filed a class-action lawsuit after his
power was cut off and his tenant forced to move out following a
search for a marijuana grow-op.
More than a month after the inspection by authorities bent on
cracking down on grow-ops, Nicola Monaco's home in the 300-block
Seaforth Crescent remains shut down after the occupancy permit was revoked.
Based on the rate of electricity consumption, B.C. Hydro suspected
the property was a grow-op and passed the information to city officials.
On March 26, Monaco received by courier a letter from Coquitlam
demanding that he allow a "public safety-team inspection" by city and
Hydro officials and two RCMP officers for the next day.
Inspectors dismantled parts of the property, including the ceiling
tiles, to gain access to and inspect the interior walls.
Monaco's lawyer, Alexander Markham-Zantvoort, said Coquitlam claimed
that it had found signs of a grow-op, but he insists the evidence is dubious.
He said the authorities are relying on two pieces of evidence -- the
alleged misapplication of a fuse and an old wire allegedly used to
power hydroponic equipment.
"That's all the evidence we're aware of at this point. There's no
mould, no equipment, no alterations to the wiring, no power-tap
found. Nothing whatsoever."
He said his clients did not have a grow-op at the home.
The authorities advised the tenant, Tammy Marie Joseph, that she had
only two hours to remove any belongings.
Markham-Zantvoort said Monaco, a Vancouver electrician, has so far
paid $1,000 in bylaw-enforcement fines, $5,000 for the inspection and
faces another $5,000 inspection bill to get the occupancy permit reinstated.
Monaco's case is the fifth lawsuit against Coquitlam since last year.
One is in small-claims court, two are petitions, and one is a writ.
"In my view, the actions of Coquitlam are unlawful, whether they find
a grow-op or not, because they're without a warrant, and the
legislation or bylaw upon which they're purporting to act has no
authority," said the lawyer.
He figured several hundred homeowners might join the case.
A B.C. Supreme Court justice recently reserved judgment in the case
of a Surrey homeowner claiming his rights were violated when his home
was searched for a grow-op.
A spokeswoman for the City of Coquitlam declined comment on the
specifics of the case, but said that officials conducting searches
don't usually expect to find any grow-ops, because they are often
cleared away once the homeowner has been given 24 hours' notice.
In March, the city released figures stating that, of 128 homes
searched in the final seven months of 2007, 88 properties had grow-ops.
Another 24 homes were strongly suspected of being grow-ops but there
was insufficient evidence to follow up.
B.C. Hydro and RCMP had no comment, since the case is before the courts.
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