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News (Media Awareness Project) - CN BC: Editorial: Teams Will Continue
Title:CN BC: Editorial: Teams Will Continue
Published On:2008-11-01
Source:Langley Times (CN BC)
Fetched On:2008-11-07 00:32:59
TEAMS WILL CONTINUE

The B.C. Supreme Court decision upholding Surrey's Public Safety
Inspection Team, but not allowing RCMP officers to search homes as
part of the process, will also be felt in Langley.

Langley Township's team is based on the Surrey model, developed by
Surrey fire chief Len Garis as a result of growing concerns about the
fire and safety hazards posed by electrical bypasses and other
aspects of growing marijuana in homes.

A planned search by the Surrey team of a large home that used a high
amount of power was stopped when the homeowners refused to allow RCMP
officers into the home. They had no problem with the team doing an
inspection, but felt that police were there to look for potential
issues leading to an application to obtain a search warrant. The
power was turned off to the couple's home for several days, but it
was restored and an eventual inspection by a qualified electrical
inspector turned up no problems.

The couple sued the city and Justice William Smart came down with a
decision recently.

He stated that the inspections are a valuable public service, as they
ensure that fire hazards and electrical faults are dealt with.

However, he agreed with the couple that police officers, who had been
used by the team to provide security, could misuse the opportunity
they have to be inside homes where there may or may not be illegal
activity going on.

A variety of court rulings over the years, based on the Charter of
Rights and Freedoms, has severely affected the ability of police to
obtain search warrants. The courts jealously guard that restricted
ability to search homes, and it is not at all surprising that the
judge would not consent to allowing the RCMP to be part of the teams.

Langley Township fire chief Doug Wade says he would like to resurrect
the Langley team, which is on hold for the present because of an
unrelated court case. However, he wonders just how it will be able to
do its job without the RCMP presence.

That is a question that remains unanswered for the present. However,
there's no doubt that Garis and the Surrey fire department won't be
giving up on this initiative, and Langley will be able to follow the
new direction that they forge.

The Public Safety Inspection Team does play an important role in
keeping homes safe, but like any government agency, it must follow
the restrictions placed on it by the legal system.
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