METH-LAB CHARGES THROWN OUT AGAINST PAIR

Charges against two people accused of operating a crystal-meth lab out
of their Mission home have been dropped because police violated their
rights when they entered the home without a search warrant.

Doris Kathleen Westrageer and Donald Thomas Wisser were charg-ed with
production of methamphetamine and possession of methamphetamine for
trafficking after their home was searched on Nov. 8, 2002.

A child-protection worker told police she had received information
from a confidential source that a family with kids was living in the
upstairs rooms while a drug lab was operating in the basement.

The worker, an employee of the Children and Families Ministry, asked
police if they could obtain a search warrant but was advised there
were insufficient grounds.

The worker then told police she would visit the home due to a concern
over the safety of the children and police decided to accompany her
out of a concern for her safety.

Outside the home there was a strong chemical smell. Police spoke to
two residents before entering the basement suite without a warrant.

Police found evidence of a drug lab and charged Westrageer and Wisser,
but the pair claimed their Charter rights against unreasonable search
and seizure had been violated.

B.C. Supreme Court Justice Brian Joyce said an officer entered the
premises without any reasonable basis for believing he had authority
to do so. He said the trafficking of crystal meth is a "very serious
concern" but added: "Notwithstanding that, I am of the opinion that
given the very serious nature of the breach and the absence of good
faith, the reputation of the administration of justice would suffer
more by the admission of the evidence than by its exclusion."

The judge ruled the evidence gathered by police was inadmissible.
Because the evidence was critical to the Crown's case, the charges
were dismissed.