LEGAL EAGLES PUT ON BYLAW

It Was The Public Hearing That Never Happened.

Faced with some questions surrounding the legality of their proposed
bylaw to control hydroponic equipment sales, city council decided to
put their plans on hold Monday night.

When Mayor Clint Hames announced early on that the city was holding
off on the bylaw, there seemed to be a collective sigh of relief from
the large group that had gathered for the hearing.

"Our legal counsel's advice is to withdraw the item at this time," Hames said.

Many had written or faxed council prior to the meeting to express
their opposition to the bylaw, and most filed out immediately upon
hearing the news of the withdrawal. As they filed out of council
chambers, some could be heard saying they had driven four hours to
come to the hearing or muttered the city didn't 'have a leg to stand
on' or referred to their 'brief interlude' into municipal politics.

The group may have to return though, either to city hall or to some
other forum. The mayor said that while the bylaw is before
Information and Privacy Commissioner David Loukidelis, this does not
mean the bylaw is dead.

"Grow-ops in our communities and the paraphernalia that is being
sold...is a huge problem," Hames said.

While the city still wants to move ahead, Hames said it might be a
more likely scenario if controls are placed on the hydroponics trade
on a more regional basis. Following the meeting, the mayor said that
with Coun. Sharon Gaetz chairing the Lower Mainland Municipal
Association the city can still make the issue a priority throughout
the Lower Mainland and the Fraser Valley, in order to have every
community is on board when it comes to taking on the narcotics trade.

"We can probably develop a much better bylaw if we all work together," he said.

He does not expect it to be an easy fight, as the narcotics trade
represents a multi-billion-dollar, under-the-table industry, which is
complemented by legal hydroponics businesses, some of whom advertise
sales for pipes and bongs in addition to agricultural equipment.
Hames hopes to challenge the legitimate businesses to work with local
governments to clean up their image.

As far as the city's own bylaw, some such as the Downtown Business
Improvement Association expressed concern it is too broad, though
they were not entirely against the bylaw.

Others expressed stronger feelings of opposition such as the
Hydroponics Merchants Association and their lawyer Jonathan Baker,
the B.C. Civil Liberties Association, a number of agricultural supply
businesses and many individuals.

At the hearing, one woman suggested many of the opponents who came to
speak out against the bylaw were from the U.S. Hames responded that
many of the letters of opposition had come from American companies
but he added that they, too, have the right to speak at local public hearings.

"We don't have rules here restricting what country you're from."