GROW-OP SEARCHES NOT ILLEGAL: CITY LAWYER

Firefighters and police who inspect Surrey homes believed to contain
marijuana grow-ops are not violating a person's rights against
unreasonable search and seizure, says Surrey's lawyer J.J. McIntyre.

That's because residents don't face criminal prosecution, regardless
of what's discovered inside the home by members of Surrey's
Electrical and Fire Safety Inspection Team.

"There is no evidence collection that takes place, and no criminal
charges that can ever result from this kind of administrative
inspection," McIntyre said.

McIntyre made the comments outside B.C. Supreme Court Wednesday
afternoon. He was expected to argue Thursday - after The Leader's
deadline - that's why there is nothing wrong with a provincial law
and local bylaw that allows fire crews, using billing records from
B.C. Hydro, to issue warnings of inspections to suspected marijuana
grow operators.

South Surrey residents Jason Arkinstall and Jennifer Green are suing
the City of Surrey, B.C. Hydro and the provincial government after
fire officials ordered their power cut May 30, 2007.

Surrey's Electrical and Fire Safety Inspection Team demanded entry to
the family's 6,800-sq.-ft. home in the 13900 block of 34 Avenue.

A B.C. Hydro employee entered and reported no problems and no
grow-op, but he was still ordered to disconnect the power because a
Surrey fire captain felt the inspection was insufficient. The
family's power remained off for five days until B.C. Supreme Court
Justice William Smart ordered it restored.

Arkinstall and Green want the court to strike down the June 2006
amendment to the B.C. Safety Standards Act that allows safety
inspectors to enter homes believed to contain grow-ops, alleging the
amendment is unconstitutional because the province does not have the
authority to enact criminal legislation.

The changes were enacted after lobbying from Surrey Fire Chief Len
Garis and Dr. Darryl Plecas, a criminology professor from at the
University of the Fraser Valley. The theory was that homes with high
power consumption could contain marijuana grow ops, making those
homes a greater fire risk.

The lawyer representing B.C.'s Attorney General said Wednesday that
while a law attempts to deal with criminal activity, it doesn't mean
the federal government is the only authority that can pass such legislation.

"The province could pass a law to replace large trees in parks with
trees that are too small to hide behind to prevent assaults. This is
not criminal law," said the province's lawer Craig Jones.

As for concerns the police entering the home with safety inspectors
constituted a warrantless search, Jones said police have a duty to
keep the peace and ensure the safety of the inspectors.

Jones clarified that it's Surrey's bylaw, not provincial legislation,
that requires two officers to enter a home with inspectors, and
suggested it was the rigidity of the city's policy that resulted in
the family's power being shut off.

That would not happen today. Surrey safety inspectors no longer order
Hydro disconnected simply because someone fails to cooperate with the
inspection team. If a resident refuses to open their door to the
team, they will return a few days later with a search warrant in hand.

The trial was scheduled to conclude Thursday, after The Leader's deadline.