APPEAL COURT BUSTS GROW-OP SEARCH LAW

Warrentless Inspections Ruled A Charter Infringement

The B.C. Court of Appeal quashed a provincial law Thursday that
allowed electrical and fire inspectors to search houses for marijuana
growing operations without warrants.

Municipal inspectors' right to perform warrantless searches of
suspected houses within the Safety Standards Act violates an
individual's reasonable expectation of privacy under the Canadian
Charter of Rights and Freedoms, the court ruled.

"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," Chief Justice Lance Finch said in court.

Bylaws under the Safety Standards Act allowed inspectors to monitor
homes for spikes in hydro consumption since growing operations require
enormous amounts of electricity.

Suspect homeowners were given 48 hours' notice before the search took
place.

The case against the Safety Standards Act began in 2005 when Surrey
residents Jason Arkinstall and Jennifer Green refused entry to city
and police inspectors.

The city tried unsuccessfully to enter the premises again in 2006 and
2007.

The couples' power was then cut off due to suspiciously high
electricity rates, sparking a three-year court battle.

The B.C. Civil Liberties Association intervened in the case to fight
against the Act.

Five members of the Court of Appeal sided with Arkinstall last week,
overturning a 2008 B.C. Supreme Court decision that said the Safety
Standards Act was constitutional.

"This case is a victory for British Columbians and Canadians who value
their privacy and the protection of their homes from warrantless
intrusion," said BCCLA president Robert Holmes in a press release.

"The Court recognized that the right to privacy in the home is one of
the most valued rights of an individual in a democratic society."

A number of B.C. municipalities adopted bylaws similar to Surrey's
warrantless safety inspection program in 2006 to help catch grow-ops
in residential neighbourhoods.

All three North Shore municipalities adopted the Controlled Substance
Property Bylaw, permitting inspectors to enter houses without warrants
if growing operations were suspected. But according to staff in each
municipality, warrantless inspections were never used.

"We had the tool ready if we needed it but we have not followed that
action," said Francis Caouette, director of corporate services for the
City of North Vancouver.

"Now, if we were called upon to use that authority, we would be in a
position to follow the Supreme Court's decision of obtaining an entry
warrant prior to entering the premises."