COURT CHALLENGE OF SURREY'S POT GROW BYLAW

A new Surrey bylaw that aims to control illegal indoor marijuana grow
operations violates the Canadian Charter of Rights and Freedoms, according
to critics who predict the law will not survive a court challenge.

And that court challenge will come quickly, promises Randy Caine, a Surrey
marijuana activist and candidate for the B.C. Marijuana Party in the last
provincial election.

"By singling out renters, this (bylaw) is a severe infringement on a fairly
substantial portion of the population," Caine said.

"I do feel this is a constitutional issue."

Caine, who has waged a lengthy court battle to repeal Canada's Criminal
Code ban of marijuana, plans to mount a legal challenge of the Surrey bylaw
with the financial support of the Marijuana Party.

Caine said his lawyer, John Conroy, is reviewing the bylaw with the
intention of going to court to have it overturned.

Conroy is the same lawyer who managed to convince the Supreme Court of
Canada to hear Caine's constituional challenge of the federal
criminalization of marijuana. A date for that hearing has not been set yet.

Under the bylaw, which was passed last month, Surrey 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 will allow police officers, acting as a
city "inspector" 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 ..."

The bylaw gives police the power to search a home without a warrant, Caine
complains, adding it also unfairly singles out renters.

"Renters are presumed guilty until proven innocent."

Garth Barriere, policy director for the B.C. Civil Liberties Association,
said there are three areas that cause the rights group "grave concern" -
enough that the body will likely support a court challenge.

Barriere said the bylaw allows police to enter a home without a search warrant.

Secondly, the bylaw conflicts with the federal government's new policy that
permits marijuana growing for medicinal purposes, and thirdly, it violates
an individual's right to reasonable privacy in their home (whether they own
it or not), Barriere said.

"Your home is your castle," Barriere said.

"There's an expectation of privacy in your home, and it's something which
the courts have been resolute over the years in protecting against
intrusions by the state."

The bylaw appears to be an attempt to get around the limitations of the
current criminal law, Barriere said.

Mayor Doug McCallum says if the would-be challengers would read the bylaw,
they would see there is no attempt to give police expanded search powers.

"(Under this bylaw) officers must still go before a judge to get a
warrant," McCallum said Tuesday. "There's a lot of people saying a lot
things (about the bylaw) that are not true."

The mayor said he is confident the bylaw can withstand a court challenge.

"We don't come up with these bylaws without doing a lot of research."