SEIZED-PROPERTY LAW NEEDS REPAIRS

As Surrey and a host of other Lower Mainland communities have found to
their dismay, few home-based businesses damage a community more
insidiously than marijuana grow operations.

The illegal farms encourage the unwelcome presence of criminals from
hardened drug addicts to grow-rip groups that specialize in ripping
off the grow-ops.

All the more reason why Surrey RCMP deserve applause for taking pot
cultivators to task with the enforcement of a new federal law giving
police the right to seize homes housing an operation.

As outlined in a recent article in The Province, Surrey police
recently completed their fourth property forfeiture -- that of a
convicted grower who stands to lose his $327,000 home to the feds.

"If you're growing pot in Surrey, we're coming for you," warned Surrey
RCMP Cpl. Tim Shields.

Shields said Surrey RCMP have another dozen property seizures in the
works under the Controlled Drugs and Substances Act, which was amended
in 2001 to allow the Crown to seize that which it can prove was used
for crime.

Granted, the seizure process is time-consuming and labour-intensive.
But its benefits outweigh its toil because of the tough message it
sends cannabis cultivators.

But the act is not without its glitches. For instance, once a
forfeited house is sold, the proceeds are submitted to Ottawa, not to
the municipality which took steps to see justice was done in the first
place. Surrey councillor Gary Tymoschuk said municipalities should be
able to keep the cash.

Secondly, there is potential for abuse by officers or other insiders
wanting to make a quick buck. That greed led an Ontario cop to be
charged with unfitting conduct after he paid $52,500 for a seized lot
valued at more than triple his price. The incident underscores the
need for a process that requires seized property to be put to public
tender as well as the need for a policy barring police from profiting
from seized goods.

Ottawa must address these legal loopholes. In the meantime, B.C.
police forces should follow Surrey's lead in hitting the grow
operators where it hurts them most -- in their homes.

What do you think? Leave a brief comment, name and town at:
604-605-2029, fax: 604-605-2099 or e-mail: provletters@png.canwest.com