News (Media Awareness Project) - CN ON: RCMP Seizes Marijuana-Grower's Land In Precedent-Setting |
Title: | CN ON: RCMP Seizes Marijuana-Grower's Land In Precedent-Setting |
Published On: | 2000-06-28 |
Source: | Ottawa Citizen (CN ON) |
Fetched On: | 2008-09-03 18:02:02 |
RCMP SEIZES MARIJUANA-GROWER'S LAND IN PRECEDENT-SETTING CASE
Quebec Couple Lose Property And Equipment Worth $80,000 Following
Cultivation Conviction
For the first time in Canada, the RCMP has confiscated land as part of
a drug bust, sending a chill through the country's pot-growing community.
The precedent-setting ruling on Monday that allowed the seizure
followed the convictions of a St-Raymond, Que., couple who were
cultivating marijuana.
Such cultivation is far from rare, according to a recent RCMP report
that estimated that at least 800 tonnes of marijuana were grown
domestically in 1998.
The federal Controlled Drugs and Substances Act, which gave police new
powers to combat drugs, was approved in 1997 but this is the first
time police have successfully confiscated land under the legislation
Germain Beaupre, of the Portneuf region of Quebec, lost 11 hectares --
including the two cottages on the lot -- after pleading guilty to drug
charges. As well, the 63-year-old retired man lost a small truck, a
backhoe, an all-terrain vehicle, a compressor, a chain saw and a
high-powered weed-whacker that he was using to landscape his pot plantation.
The RCMP seized 975 marijuana plants in a raid on the property in July
1998.
Police estimate the confiscated land, cottages and equipment are worth
about $80,000. Once the appeal process is exhausted, the Crown plans
to sell the land. Mr. Beaupre was sentenced to 15 months of house
arrest and 175 hours of community work while his 43-year-old
common-law wife, Carole Green, received 20 months and 240 hours.
During the confiscation hearing, Mr. Beaupre's lawyer argued that not
all of the lot was used to grow the marijuana and the roads inside the
lot already existed on the former tree farm.
However, the Crown attorney convinced the judge that the lot was
meticulously arranged for marijuana growing, with seven different
plots scattered throughout the property.
RCMP Const. Lyse Levesque said police demonstrated that special roads
were added to existing ones, trees were felled to hide the plants and
blue 1.3-metre high chain-link fences were installed to avoid
detection by police. The judge rejected claims that the backhoe was
strictly used to provide drainage for the roads in the lot.
"It is curious that all of this work was recent. There is only one
possible conclusion: The work was done to facilitate the illegal
cultivation of marijuana plants," concluded Quebec Judge Andre Dufour.
He said "important modifications" had been made to the property and
the "vocation" of the former tree farm had been totally changed.
Const. Levesque said suspicions were raised when the couple were
spotted at a hydroponic shop while it was under surveillance by the
RCMP.
The operation, which was masterminded by Ms. Green, began in the
winter of 1997 with the couple growing the plants in plastic beer
glasses in the cottage's basement.
The new marijuana was planted in the spring of 1998. Const. Levesque
said the budding plants were not visible from the air because of tree
cover, but purchases of $5,000 worth of equipment led to the eventual
RCMP bust.
Court was told Mr. Beaupre was acting on the wishes of his wife, who
was unemployed and wanted to start "a small business." Fortunately for
Mr. Beaupre, police did not find any
Quebec Couple Lose Property And Equipment Worth $80,000 Following
Cultivation Conviction
For the first time in Canada, the RCMP has confiscated land as part of
a drug bust, sending a chill through the country's pot-growing community.
The precedent-setting ruling on Monday that allowed the seizure
followed the convictions of a St-Raymond, Que., couple who were
cultivating marijuana.
Such cultivation is far from rare, according to a recent RCMP report
that estimated that at least 800 tonnes of marijuana were grown
domestically in 1998.
The federal Controlled Drugs and Substances Act, which gave police new
powers to combat drugs, was approved in 1997 but this is the first
time police have successfully confiscated land under the legislation
Germain Beaupre, of the Portneuf region of Quebec, lost 11 hectares --
including the two cottages on the lot -- after pleading guilty to drug
charges. As well, the 63-year-old retired man lost a small truck, a
backhoe, an all-terrain vehicle, a compressor, a chain saw and a
high-powered weed-whacker that he was using to landscape his pot plantation.
The RCMP seized 975 marijuana plants in a raid on the property in July
1998.
Police estimate the confiscated land, cottages and equipment are worth
about $80,000. Once the appeal process is exhausted, the Crown plans
to sell the land. Mr. Beaupre was sentenced to 15 months of house
arrest and 175 hours of community work while his 43-year-old
common-law wife, Carole Green, received 20 months and 240 hours.
During the confiscation hearing, Mr. Beaupre's lawyer argued that not
all of the lot was used to grow the marijuana and the roads inside the
lot already existed on the former tree farm.
However, the Crown attorney convinced the judge that the lot was
meticulously arranged for marijuana growing, with seven different
plots scattered throughout the property.
RCMP Const. Lyse Levesque said police demonstrated that special roads
were added to existing ones, trees were felled to hide the plants and
blue 1.3-metre high chain-link fences were installed to avoid
detection by police. The judge rejected claims that the backhoe was
strictly used to provide drainage for the roads in the lot.
"It is curious that all of this work was recent. There is only one
possible conclusion: The work was done to facilitate the illegal
cultivation of marijuana plants," concluded Quebec Judge Andre Dufour.
He said "important modifications" had been made to the property and
the "vocation" of the former tree farm had been totally changed.
Const. Levesque said suspicions were raised when the couple were
spotted at a hydroponic shop while it was under surveillance by the
RCMP.
The operation, which was masterminded by Ms. Green, began in the
winter of 1997 with the couple growing the plants in plastic beer
glasses in the cottage's basement.
The new marijuana was planted in the spring of 1998. Const. Levesque
said the budding plants were not visible from the air because of tree
cover, but purchases of $5,000 worth of equipment led to the eventual
RCMP bust.
Court was told Mr. Beaupre was acting on the wishes of his wife, who
was unemployed and wanted to start "a small business." Fortunately for
Mr. Beaupre, police did not find any
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