COURT RULING WON'T DETER PITT PROGRAM

The Mayor of Pitt Meadows says his municipality will continue with its
grow op inspection program despite a recent B.C. Court of Appeal
decision that homes can't be inspected without a warrant.

Don MacLean said in the last two years there have been two fires in
houses that had grow ops in them and the fires could have burned down
adjacent houses as well if they hadn't been put out in time.

MacLean said protecting public safety is a higher priority than
"protecting the rights of criminals."

"Sometimes these Charter challenges...they only think about individual
rights, not the rights of the community they live in," he said.

MacLean believes the inspection program has deterred grow ops in Pitt
Meadows.

"The reality is that they're looking for other communities that might
be an easy touch and Pitt Meadows is not going to be an easy touch,"
he said.

MacLean said having to get warrants before inspections might mean more
expense for his community but he believes it would still be worth it.

Lesley Elchuk, bylaw enforcement and licensing inspector with Pitt
Meadows, said the public safety inspection team, which includes
members of the fire department, RCMP and city staff, has been in place
for four or five years now.

Elchuk reviews hydro consumption figures provided by BC Hydro and if a
house uses over 92 kilowatts per day the team looks into it.

First, they rule out legitimate electricity uses such as a pool or hot
tub.

Then the team posts a 24-hour notice of inspection on the home's
door.

After the 24 hours is up they do the inspection.

Elchuk said up until now they have never gotten warrants but that will
change after the court ruling.

"Now it will be required," said Elchuk.

"It'll just take us a little bit longer to get all the material
together."

Elchuk said she believes the program has been "very effective" and
since the program began there have been fewer grow-ops found.

"Ever since we started every year it's been less and less. It's made a
big difference," said Elchuk.

She said since the beginning of 2010 there have been six houses that
appear to be using excessive electricity but the city hasn't conducted
any inspections yet.

In a recent B.C. Court of Appeal decision the court ruled that
Surrey's public safety inspection program, which allows electrical
inspectors to search homes for marijuana grow-ops without a warrant,
violates the Canadian Charter of Rights and Freedoms.

Five members of the court sided with appellant and Hells Angel
associate Jason Cyrus Arkinstall in ruling two parts of the Safety
Standards Act are unconstitutional. Surrey's inspection program had
become a model across B.C.

Chief Justice Lance Finch said two sections of the act that "authorize
the warrantless entry and inspection of residential premises for the
regulatory purpose of inspecting electrical systems for safety risks
that may be related to marijuana grow-operations" infringe the
appellants' rights under Section 8 of the Charter of Rights and Freedoms."

The appeal court overturned an October 2008 B.C. Supreme Court ruling
that said the Safety Standards Act was constitutional, though the
attempted searches of Arkinstall's residence were improper.