DRUG PARAPHERNALIA CRACK DOWN PLAN GOES UP IN SMOKE

Westside won't get into the anti-drug enforcement business.

Mayor Rosalind Neis failed in an attempt to convince her council to
pass a motion asking municipal staff to investigate ways to regulate
the display and sale of tobacco products which double as drug
paraphernalia.

Council shouldn't be venturing in to something already covered under
federal jurisdiction, said Coun. Carol Zanon.

"Is this not under the criminal law of Canada?" asked Zanon. "I would
imagine these things are illegal anyway."

While the regulation of drug paraphernalia in Westside was a laudable
subject, the municipality doesn't have the staff and money to deal
with it, added Zanon.

The Criminal Code of Canada addresses the display of drug
paraphernalia.

It states that anyone who knowingly imports into Canada, exports from
Canada, manufactures, promotes or sells instruments or literature for
illicit drug use is guilty of an offence.

A first conviction carries a fine of up to $1,000 and up to six months
in jail, according to the code. Subsequent convictions could result in
fines of up to $300,000 or as much as a year in prison.

Coun. Doug Findlater noted tobacco and smoking regulations are
provincial health issues and that some responsibility rested with
Victoria too.

Findlater said he would be fine with staff investigating the
feasibility of local enforcement. But ultimately, the municipality
would not be able to carry through with it.

"I don't think the District of Westside as a nascent municipality is
in any position to pioneer a bylaw that may require a whole lot of
defence in court challenges," he said.

"I just don't think we have deep pockets."

Neis said she was specifically concerned about a store called Mary
Jane's Headquarters on Byland Road because of its proximity to the
nearby Constable Neil Bruce Middle School.

"I think if there is something that a community can do to help protect
our youth, we should make every effort to do so," Neis said.

Findlater said he visited the store in question before considering
Neis's motion.

"I did check out the location you're referring to and it does have a
sign on the door related to age 19 or older (being served), and I
assume they enforce it," he told Neis.

The mayor admitted she has never been in the store and she seemed
comforted when Findlater told her about the sign.

"Not to point fingers at any one individual business but it is a
concern on the location from my point of view," she said.

Neis added she was specifically concerned as a parent of two
school-aged children.

Her motion failed after the vote was tied. Findlater and Coun. Gord
Milsom siding with the mayor while Zanon, along with Couns. Duane
Ophus and David Knowles voted against it. Coun. Heather Pilling was on
vacation.