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News (Media Awareness Project) - CN BC: Pot Party To Fight Grow-Op Bylaw
Title:CN BC: Pot Party To Fight Grow-Op Bylaw
Published On:2001-10-07
Source:Surrey Leader (CN BC)
Fetched On:2008-01-25 07:01:18
POT PARTY TO FIGHT GROW-OP BYLAW

The B.C. Marijuana party will bankroll a court challenge of the Surrey
bylaw that penalizes landlords for failing to prevent indoor marijuana grow
ops in rental homes.

"We will be funding it", B.C. Marijuana Party president Marc Emery said Friday.

"There are tens of thousands of grow ops in the Lower Mainland, and only
one or two per cent present any kind of hazard."

Under Surrey's bylaw, landlords face fines of up to $7,500 if they rent
their property to people who grow pot or operate crack houses.

As it is presently worded, the law allows police officers, acting as city
"inspectors," to enter the "...property of any person at reasonable times
and in a reasonable manner for the purpose of inspecting the property and
declaring whether the property is being used for a noxious or offensive
drug trade or manufacture..."

John Conroy, the high-profile lawyer who completed a review of the bylaw
last week, said he is recommending his clients seek a judicial review.

"In a nutshell, the bylaw is unconstitutional" said Conroy.

It may be another month before an application to overturn the Surrey law is
filed, the lawyer said.

Conroy is the same lawyer who managed to convince the Supreme Court of
Canada to hear a constitutional challenge of the federal criminalization of
marijuana (the case has not been heard yet).

Garth Barriere, policy director for the B.C. Civil Liberties Association,
has criticized the Surrey bylaw for violating an individual's right to
reasonable privacy in their home.

Mayor Doug McCallum has dismissed complaints the law gives police too much
power, saying officers must still go before a judge to get a warrant.
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