NPD TO MOVING AHEAD WITH GROW OP BYLAW

The Nelson Police Department is forging ahead with proposed
legislation on a marijuana grow operation bylaw despite a recent BC
Court of Appeal ruling that says it would violate the rights of the
individual against unreasonable search and seizure.

NPD Inspector Henry Paivarinta said the province's Safety Standards
Act will still be the basis of the proposed bylaw to ferret out grow
operations in the city, even though the Court of Appeal in Surrey said
entry and inspection of homes without a warrant violates section eight
of the Charter of Rights and Freedoms.

The Safety Standards Act allows municipal electrical and fire
inspectors to demand entry into anyone's home to do an electrical
safety inspection if they suspect the home is being used for
marijuana-growing.

Insp. Paivarinta said the appeal ruling that struck down provisions of
a provincial law in Surrey will only add administrative process to the
proposed bylaw in Nelson, and NPD and city council will still be going
ahead with passing it into legislation.

If needed, warrants are still accessible through the Safety Standards
Act and will fall in line with the electrical fire and safety
inspection program they have in Surrey, he said.

"It will just require more legwork on their behalf, but I think the
program is a valid program," he said. "It's a safety program. The
police aren't even involved in the process and they don't even come on
the property. It's conducted under the Safety Standards Act and that's
why fire officials attend along with the electrical inspector."

The likelihood of the proposed bylaw ending up in a court challenge is
possible, Insp. Paivarinta said, since every system and bylaw that is
in place is open for challenge in the courts.

However, concerns the police will be showing up for each inspection is
unfounded, he pointed out. The only time the police would get involved
in an inspection is when a situation would arise that would jeopardize
the safety of the officials doing the inspection - either through
threats or they are assaulted on location.

"People have this misconception that police are accompanying them on
these inspections, and that's not the case. Police aren't coming along
with them," Insp. Henry Paivarinta said.

Out of 1,000 or so residences subject to inspections in Surrey - where
the marijuana grow operation bylaw was instituted as a pilot - only
four times have police required to get an administrative warrant to
enter a property.

Under the Safety Standards Act, within 48 hours after posting a notice
a fire official and electrical inspector can enter a residence if
there is believed to be a grow operation in the residence. For police
to enter they would still need a warrant, and would not be able to
enter within 48 hours.