NORTH VANCOUVER GROW-OP GARDENERS ESCAPE CHARGES

Photos not enough to lay charges for growing 66 marijuana
plants

North Vancouver RCMP discovered an outdoor grow operation in a
forested area in North Vancouver, but despite photographic evidence
linking the suspects to the crime no charges have been laid.

On June 22, police received a complaint from an employee of Mount
Seymour resort of three suspicious males unloading what the witness
believed to be marijuana plants out of a truck about 2* kilometres up
Mount Seymour Road.

Officers responded to the complaint and arrested the driver of the
suspicious vehicle after locating the truck some distance away. The
male driver was arrested for possession of a controlled substance.

Two other men ran away before the officers arrived.

Police seized 12 immature marijuana plants at the scene, but despite
suspicions of an outdoor grow-op in the nearby forest area, officers
were unable to locate it at the time.

RCMP spokesman Peter VeDries said the investigators were unable to
gather sufficient evidence against the accused and the arrested male
was later released after questioning.

"When our officers stopped the pickup truck there were no drugs in
it," DeVries said. "So right away, although we know this person was
involved and we may have had grounds to arrest him and conduct an
investigation, we ultimately weren't able to uncover any evidence
which would bring us to the point where we could recommend charges to
Crown Counsel."

A grow-op was subsequently located on June 25 by members of the RCMP
Bicycle Patrol. The location was some distance away from the road and
was well hidden by surrounding brush.

The officers found 66 plants at various stages of maturity as well as
gardening supplies including soil, water and fertilizer.

In a nearby vehicle, investigators uncovered a number of photos
clearly depicting the male who was previously arrested and other
suspects standing proudly amongst the crop.

Although this may seem like clear evidence for a conviction, DeVries
said that it is more complicated than that.

DeVries said police must provide enough evidence to prove that the
person in question was in possession.

In this case, possession needed to be established in two ways. First,
the police must prove the individual had knowledge that it was in fact
marijuana. Secondly, they must prove the individual had control of the
drugs, meaning he was responsible for the growth and distribution of
the crop.

"In terms of the individuals that we had with photographs, although we
have a person's image standing amidst illicit drugs we can't satisfy
those requirements of knowledge and control or intent," DeVries said.

DeVries pointed out that any hiker might come across a marijuana crop
and think it humorous to take a picture.

"Even though they may know this is illegal, they still find it kind of
funny that it is growing out in the middle of the bush so they take a
photo," DeVries said. "So would we be able to take that photo and say,
'These are the guys that are growing it?'

"I don't think so. So that is where we run into the
problem."

DeVries explained that the burden on police to gather sufficient
evidence can be a daunting task.

"It can be frustrating for police," DeVries said. "But at the same
time we know that these are the challenges we face. We approach these
kind of investigations with previous knowledge that really informs the
way we conduct these types of investigations, the types of questions
we ask and the ways in which we gather our evidence."

This investigation is now closed with no likelihood of any charges
being laid, but DeVries points out all is not lost.

"It is great that they took photos," DeVries said. "Short of coming to
the police station with their drivers licence in hand and saying, 'I
just want you to all know that I am growing marijuana,' this is
probably the second best thing they could do."

DeVries said this gives the police the opportunity to monitor these
individuals if they choose to do so.

"We would encourage any criminal to take photos of their criminal
behaviours," DeVries said. "It makes it very easy for us to identify
them and to monitor them."