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News (Media Awareness Project) - CN BC: Couple Sues Over 'illegal' Inspection
Title:CN BC: Couple Sues Over 'illegal' Inspection
Published On:2008-11-19
Source:Vancouver Sun (CN BC)
Fetched On:2008-11-20 02:39:26
COUPLE SUES OVER 'ILLEGAL' INSPECTION

ABBOTSFORD - An couple has filed a lawsuit in B.C. Supreme Court
seeking damages for what they claim was an illegal inspection of their
home by city officials.

Glenn Ferraz and Monica Woykin claim that on May 13 police and city
officials demanded entry into their Regal Parkway home to do an inspection.

"At the time, the plaintiff Woykin was at home with her child and did
not answer the door," says the legal action.

The next day, the "Abbotsford inspection team," including police,
returned and claimed to have the authority to enter the home under the
Controlled Substance Property Bylaw and the Fire Services Act.

The bylaw is designed to let the city collect from landlords the extra
policing costs run up investigating and dismantling marijuana-growing
operations.

Ferraz claims he initially refused the team entry, but when they
threatened to return with a search warrant he consented on the
condition police not enter his home.

"No criminal charges have been laid and no bylaw offences have been
alleged against the plaintiffs as a result of the inspection," the
lawsuit claims.

The plaintiffs claim the inspection was illegal because there were no
reasonable grounds to conduct what they allege is an invasion of
privacy. The two claim their Charter rights were breached and the
search caused them public embarrassment.

Woykin also seeks aggravated and punitive damages, claiming she has
suffered depression since the incident.
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