MISSION RESIDENT SUES OVER SAFETY INSPECTIONS

A Mission man who says district officials searched his home thinking
he had a marijuana grow-op and then stuck him with a $5,200 bill has
filed a class-action lawsuit against the Fraser Valley municipality.

Stacy Gowanlock submitted a statement of claim on Wednesday after a
news conference in downtown Vancouver. Mr. Gowanlock, a father of
six, said District of Mission safety inspectors entered his home in
September, 2009, to investigate higher than normal hydro use.

That inspection failed to turn up a drug lab. All officials found was
an incorrectly wired hot tub and an attic they said - without
evidence, Mr. Gowanlock told reporters - could have been used to grow
marijuana.

Mr. Gowanlock said he's heard from about 200 residents who have been
through similar ordeals and were left without any form of redress.
Some lost their homes after district officials notified their
mortgage holders or insurance companies that the house could be used
for a grow-op, others were embarrassed in their communities when
signs related to the inspections were put up on their houses, or
found that their names had been entered into police records.

"The district has attached a stigma to us as residents," Mr.
Gowanlock said. "The launch of the class-action lawsuit was the last
thing we wanted to burden the community with, but we now know it's
the only remaining step we have left as citizens in trying to recover
our losses and, more importantly, fixing something that is very wrong."

Mr. Gowanlock was joined at the news conference by Micheal Vonn,
policy director for the B.C. Civil Liberties Association. The BCCLA
is supporting the lawsuit, although Mr. Gowanlock's lawyer is arguing
the case. Two plaintiffs are involved to date. Ms. Vonn said it's
difficult to predict how many people will join, or the total dollar
value of the lawsuit. She said the BCCLA has heard from several dozen people.

The class-action lawsuit must still be certified by the B.C. Supreme Court.

Mission passed a controlled substance property bylaw in 2009 that
allows safety inspectors to enter homes they believe contain grow-ops
based on abnormal energy consumption. Mission is one of 10 Lower
Mainland municipalities with such legislation.

Jenny Stevens, a Mission city councillor, voted in favour of the
bylaw because it was presented as a way to address health and safety
issues. At the time, the district had seen a number of fires linked
to grow-ops.

"There were a great many grow-ops, more than the police could tackle,
and the level of evidence the police needed before they could go in
is very high. Frankly, honestly, it had never crossed my mind that we
would have this sort of consequence," she said.

Ms. Stevens said a review is under way of all cases in which
residents were billed the $5,200 inspection fee. The size of the fee
is also being examined, and the review should be complete by the end
of May. But how the review, or any revisions to the bylaw, will
affect those who have been billed remains unclear. The BCCLA made
submissions on possible remedies last fall, but Ms. Vonn said they
fell on deaf ears.

A district spokesman declined comment on the matter because it's
before the courts. He said the Public Safety Inspection Program, as
it's known, has been shut down since January. Since then, RCMP enter
homes suspected of containing grow-ops.

The statement of claim accuses the district of communicating false
reports to third parties, including the plaintiffs' mortgage holders
and property insurers. The damage claims range from invasion of
privacy to expenses, lost reputation, and diminished market value of homes.

"[The BCCLA heard] stories of children who were no longer allowed to
play with other children in the playground based on these unfounded
allegations that their parents were manufacturing drugs in their
residence," Ms. Vonn said. She added that inspectors ripped up parts
of some homes, ordered power cut, and put up brightly coloured signs
saying the homes contained marijuana grow operations.

Mr. Gowanlock said he believes that he had difficulty getting into
the United States last October because his name was red-flagged in
police records. He was flying from Seattle to Boston and got to the
border crossing in what he thought was plenty of time. He was held up
at customs for five hours, with U.S. border officials combing through
his car and luggage.

"We were allowed to go through. But it's an experience I probably
won't want to endure again," he said.

Ms. Stevens said it's a "tragedy" citizens have had to resort to
suing their municipality.