COURTS HELPING GROWERS

In a remarkable bit of backwards thinking, the B.C. Court of Appeal
has put hand-cuffs on a law enforcement initiative that works to
reduce the impact of marijuana grow operations in local communities.

While we understand the court's willingness to value the right to
privacy, it's difficult to understand how that value supersedes the
safety concerns surrounding intense use of electricity--usually
stolen and often dangerously rerouted --involved in many grow ops.

It started with the case of Arkinstall et al v. Surrey et al, brought
by two residents of Surrey who refused to allow safety inspectors to
enter their home as long as they insisted on being accompanied by
police officers.

The inspectors were abiding by provisions of B.C.'s Safety Standards
Act that-- until struck down by the B.C. Appeal Court in May--let
municipal and fire inspectors enter anyone's home for safety
inspections if they suspected the home was being used to grow marijuana.

The Appeals Court ruled that such inspections violate the Charter of
Rights and Freedoms and that in the future, administrative warrants
will be required.

That would still allow the inspections to take place, the court
maintains, but would reasonably protect individual privacy.

And it would give marijuana growers the heads up they need to clear
out and restart their operations in a new neighbourhood.

Once again, law enforcement gets the run-around, and it would seem
criminals get the breaks.