GROW-OP LAW COVERS HAZY LEGAL GROUND

Legal questions swirling around city plans to implement a bylaw to
crack down on marijuana grow ops requires more time to properly
review, a city committee will hear Wednesday.

With illegal grow ops cropping up in Calgary neighbourhoods, the city
had looked into bylaws being used in other municipalities in an effort
to put the reins on the growing problem.

But concerns over privacy and potential Charter challenges have
grounded plans for a new bylaw, which had been slated to go before the
city's community and protective services committee after council had
called for a review in June.

Ald. Bob Hawkesworth said even though grow ops have become a major
problem, the city needs to ensure it is going in the right direction.

"Where we have the legal authority, we should use it, but the
temptation for some communities is we sometimes wander into areas of
law where we have no jurisdiction and sometimes that backfires," he
said.

The city reviewed bylaws in the B.C. cities of Surrey, Richmond and
Chilliwack, which all had passed bylaws to combat grow ops.

Council made a motion to enact a bylaw similar to Chilliwack, which
regulates the sale of hydroponic and drug paraphernalia. However, a
re-port that will come before the committee noted that city's
legislation has been stalled while it awaits a report from B.C.'s
privacy commissioner.

The city's legal department is calling for more research into the
implications of the bylaw, such as privacy and Charter concerns.