News (Media Awareness Project) - CN BC: Home Searches Argued |
Title: | CN BC: Home Searches Argued |
Published On: | 2008-04-24 |
Source: | Vancouver Sun (CN BC) |
Fetched On: | 2008-04-25 12:17:20 |
HOME SEARCHES ARGUED
A lawyer for the Attorney-General's Ministry said Wednesday there was
no need for the B.C. Supreme Court to overthrow a controversial
provincial law that allows police to join fire safety inspectors to
enter homes suspected of being used to grow marijuana.
Claims that the legislation was allowing police to enter homes
without a search warrant, in violation of the Canadian Charter of
Rights and Freedoms, have been advanced by lawyers representing a
couple in an action against the city of Surrey and the B.C. Civil
Liberties Association. In May 2007, the couple, whose home was
consuming higher than average levels of power, refused to allow
police in to conduct a search, but admitted a BC Hydro inspector. One
of the homeowners is a Hells Angels associate. This inspector found
no evidence of marijuana cultivation but was ordered to cut off the
power because the homeowners hadn't complied with police request for access.
Craig Jones, representing the ministry, said instead of ruling on the
constitutional arguments, the court should leave the B.C. Safety
Standards Act intact and confine itself to giving the city guidelines
on how to carry out safety inspections.
A lawyer for the Attorney-General's Ministry said Wednesday there was
no need for the B.C. Supreme Court to overthrow a controversial
provincial law that allows police to join fire safety inspectors to
enter homes suspected of being used to grow marijuana.
Claims that the legislation was allowing police to enter homes
without a search warrant, in violation of the Canadian Charter of
Rights and Freedoms, have been advanced by lawyers representing a
couple in an action against the city of Surrey and the B.C. Civil
Liberties Association. In May 2007, the couple, whose home was
consuming higher than average levels of power, refused to allow
police in to conduct a search, but admitted a BC Hydro inspector. One
of the homeowners is a Hells Angels associate. This inspector found
no evidence of marijuana cultivation but was ordered to cut off the
power because the homeowners hadn't complied with police request for access.
Craig Jones, representing the ministry, said instead of ruling on the
constitutional arguments, the court should leave the B.C. Safety
Standards Act intact and confine itself to giving the city guidelines
on how to carry out safety inspections.
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