News (Media Awareness Project) - CN BC: Surrey Pot Program Continues At Pace |
Title: | CN BC: Surrey Pot Program Continues At Pace |
Published On: | 2010-07-07 |
Source: | Surrey Leader (CN BC) |
Fetched On: | 2010-07-07 15:00:49 |
SURREY POT PROGRAM CONTINUES AT PACE
Surrey's crackdown on marijuana grow-ops hasn't slowed down a bit
since the courts ruled that warrants are required before searches are
conducted.
Since its inception in 2004, Surrey's Electrical Fire and Safety
Initiative (EFSI) has reduced the number of marijuana grow operations
in this city from thousands to about 200.
Under the system, municipal teams - including fire, bylaw officers
and police - visit homes where BC Hydro reports higher-than-normal
power consumption.
The occupants get a warning notice that they have 72 hours to allow
an inspection. Most of the time, grow operators have packed up and
left by the time inspectors arrive.
However, in May a court ruled the warrantless searches were a
violation of the Charter of Rights and Freedoms.
At the time, Surrey Fire Chief Len Garis said the ruling would just
mean some minor tweaks to the way the program is run.
Garis told The Leader his teams have conducted 36 inspections in June
without a single warrant being necessary.
"It's going exactly as it was before," Garis said Tuesday. "No search
warrants have been required because folks have consented."
The bulk of those homes inspected had serious electrical problems.
Historically, 75 per cent of homes inspected had some evidence of a
recently disassembled grow operation.
Garis said in the rare occurrence where people do not consent to a
search, an administrative warrant can be obtained quickly.
The program was cast in doubt last month when the courts ruled that
it violated homeowners' Charter rights.
"There is a 'hierarchy of places,' atop of which is the home," B.C.
Court of Appeal Chief Justice Lance Finch wrote in the finding,
adding the searches undertaken are extremely invasive.
"They involve walking through the entire residence, searching
electrical panels, and very involved searches of attic spaces, and
crawl spaces."
The finding was unanimous among the five Appeal Court justices.
Garis said the program will continue.
Surrey's crackdown on marijuana grow-ops hasn't slowed down a bit
since the courts ruled that warrants are required before searches are
conducted.
Since its inception in 2004, Surrey's Electrical Fire and Safety
Initiative (EFSI) has reduced the number of marijuana grow operations
in this city from thousands to about 200.
Under the system, municipal teams - including fire, bylaw officers
and police - visit homes where BC Hydro reports higher-than-normal
power consumption.
The occupants get a warning notice that they have 72 hours to allow
an inspection. Most of the time, grow operators have packed up and
left by the time inspectors arrive.
However, in May a court ruled the warrantless searches were a
violation of the Charter of Rights and Freedoms.
At the time, Surrey Fire Chief Len Garis said the ruling would just
mean some minor tweaks to the way the program is run.
Garis told The Leader his teams have conducted 36 inspections in June
without a single warrant being necessary.
"It's going exactly as it was before," Garis said Tuesday. "No search
warrants have been required because folks have consented."
The bulk of those homes inspected had serious electrical problems.
Historically, 75 per cent of homes inspected had some evidence of a
recently disassembled grow operation.
Garis said in the rare occurrence where people do not consent to a
search, an administrative warrant can be obtained quickly.
The program was cast in doubt last month when the courts ruled that
it violated homeowners' Charter rights.
"There is a 'hierarchy of places,' atop of which is the home," B.C.
Court of Appeal Chief Justice Lance Finch wrote in the finding,
adding the searches undertaken are extremely invasive.
"They involve walking through the entire residence, searching
electrical panels, and very involved searches of attic spaces, and
crawl spaces."
The finding was unanimous among the five Appeal Court justices.
Garis said the program will continue.
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