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News (Media Awareness Project) - CN BC: OPED: Civil Liberties Should Take Priority
Title:CN BC: OPED: Civil Liberties Should Take Priority
Published On:2008-05-22
Source:Vancouver Sun (CN BC)
Fetched On:2008-05-24 22:05:21
CIVIL LIBERTIES SHOULD TAKE PRIORITY

Re: Coquitlam improving inspection program, May 14

I take issue with a number of points made by Coquitlam's city manager
Peter Steblin.

First, it appears that he generally neglects, or gives little weight
to, the importance of private property and civil liberties as they
relate to his desire to shut down grow-ops constructed in homes.
Before any municipal policy is enforced, we need to fully consider the
importance of privacy and private property.

Second, we need to consider accountability from the city. City
officials have the wherewithal to determine whether the owner is
residing in a particular home. This could be determined by first
reviewing claims for the basic home-owner grant for the residence.

To ensure up-to-date information is available, I would propose that
all new homes sold be subject to inspection by a bona fide firm with
proper credentials. This information should be readily available to
the city upon the close of the sale. From this point they can develop
a baseline of information from which to operate policy rather than
acting willy-nilly.

Third, if hydro rates at a particular residence are skyrocketing (and
they need to properly document what "skyrocketing" is) and the owner
is also the resident, we are sure of a couple of things. The owner is
risking severe financial damages potentially from the courts and
certainly from the city. For this reason the home owner/resident is
far less likely to have an illegal grow-op in his or her own home. A
simple call from the city to the owner/resident out of courtesy might
provide an explanation. If the hydro rates are particularly skewed
upwards, this call might be followed up by a visit to the
owner/resident. If the person is operating a grow-op, and the phone
call alerts him to dismantle the grow-op, that would be a good result.

If the homeowner has indicated on the homeowner grant application that
he or she is lives in the home, but doesn't, there is the basis for an
allegation of fraud.

If the resident is a renter then the approach should be different. In
this instance, written notice of a proposed inspection should be
provided by a telephone call followed with a notice taped to the front
door. I would encourage elected officials to debate the length of time
for notice and subsequent follow-up by authorized personnel to that
address.

If the culprit dismantled the grow-up in advance of an inspection
aimed at shutting down the business, it would be much less costly for
the city and avert the potential for disasters, such as that which
recently occurred to an innocent homeowner in our city.

The priority should be on putting the grow-op out of business first,
with a view to prosecution second. This more common sense approach
could be implemented with greater utility by emphasizing the less
costly threat of discovery-and prosecution while safeguarding the
rights of home owners, rather than implementing this policy in a
manner where overall success is most unlikely. Good government policy
should be orderly and clear, not random as suggested by the city manager.

Glen P. Robbins lives in Coquitlam.
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