LANDLORDS DON'T MAKE GOOD COPS

The Chief On The Proposed Nuisance Bylaw

Without a doubt, marijuana grow ops and crystal meth labs are
criminal operations that not only produce illegal drugs with a
factory-like output, but also poison the buildings in which they are
based through the use of dangerous chemicals. Those who live nearby
can be endangered by fumes and toxins - and can be badly affected if
fire breaks out.

A proposed bylaw that would hold property owners responsible for
renters' drug operations - and bill them for the cost of
investigations -passed its first three readings at a District of
Squamish council meeting on Tuesday (June 20).

There was considerable enthusiasm expressed for the plan on the
night, and it is likely that similar enthusiasm has been heard in
councils all around B.C., as it is a provincially endorsed bylaw that
was drafted by the Union of British Columbia Municipalities.

This is how it would work in practice:

Property owners will be required by law to inspect a rental property
for evidence of drug factories, also known as Controlled Substance
Properties (CSP), at least once every three months. They will need to
keep a written log of the inspections and provide a copy to an
inspector on request. Finally, they are obliged to report any CSP to
the district within 24 hours of finding it.

If RCMP or inspectors suspect and discover a CSP without the property
owner's notification, the owner is billed with policing and district
enforcement costs, which start at $500 for an inspection. The bills
can run to thousands of dollars. If these "service fees" are not
paid, they can be collected as property taxes.

But is it practical or even desirable to force landlords to be solely
responsible for checking out the activities of their tenants? The
council has just scratched the surface of the ramifications of this
proposed bylaw.

Landlords, even those of the nosey, annoying variety, are not police
officers. They are not trained to find the signs of CSPs, nor are
they trained to deal with the growers themselves, people who
frequently prove to be dangerous members of criminal gangs. It is
possible that they could be placed in harm's way if accidentally
found on the property by dope-creating tenants.

Many landlords, to the annoyance to certain Squamish residents, are
not based here. Out-of-towners will be forced to "subcontract" the
checking-up of tenants to a property manager. Has the council
considered the legal ramifications of this? If they are serious about
the proposed bylaw they ought to.

And then there is what this all will mean to law-abiding tenants of
other properties. Ever heard of civil liberties? The issue of
notification is this - for a landlord to check whether a tenant has
used the property as a CSP he or she must give 24-hours' notice of the visit.

It may not be enough time to move a million dollars' worth of
marijuana, but it seems a bit dopey to give the criminals time to flee.

As well, it would be interesting to find out how law-abiding renters
- - an ever increasing demographic in Squamish - would feel about this
intrusion in their own lives.

And how will legal experts see it fitting into the Canadian Charter
of Rights and Freedoms?

There are other ways to monitor CSPs. The police should get more
money and manpower to make investigations. BC Hydro can be prevailed
upon to report spikes in energy use - apparently they don't because
of "privacy" issues. That's more than a little ironic.

And the public can also be educated and asked - not compelled by a
bylaw - to report suspicious activities at rented properties.