RESIDENTS SAY BYLAW UNCONSTITUTIONAL

Three residents who had their properties searched due to suspicions
they housed marijuana-growing operations have filed a petition in B.C.
Supreme Court against the Township of Langley, challenging the
constitutional validity of a bylaw that allows for such
inspections.

In each of the three cases, which occurred from July to October 2007,
no marijuana plants were discovered, according to the petitions.

"They came forward because the Township of Langley bylaw program
caused them harm. The petitioners believe that those types of bylaws
are unconstitutional," said Kirk Tousaw, the lawyer representing Karen
Probert, Matthew Black and Tammy Rosin in the case.

"These are bylaws that are being used with incredible regularity by
the municipalities," Tousaw said, adding that the bylaws are
essentially criminal law statutes and should fall under federal, not
municipal, jurisdiction.

Under the bylaw, the inspection team investigates properties where
excessive use of electricity has been noticed. It can shut down power
sources that pose a danger and need not obtain search warrants.

All three petitioners said the inspection teams conducted searches
without their consent, and in one case, did significant damage to the
property.

RCMP Cpl. Peter Thiessen said he was unaware of the three specific
cases, but that the inspection team had been temporarily suspended
after one of its members was accused of stealing a halogen light and
two batteries during an inspection.

Thiessen said that investigation is not finished, but added that the
team could be reinstated soon.