LET POLICE BUILD CASE AGAINST CRIMES

Pulling the plug on grow-ops

As a member of the legal profession, I find it disturbing the Ontario
government is attempting to turn building code inspectors and utility
corporations into investigative appendages of the police.

Under the proposed wording of Bill 128, building code inspectors would be
allowed to enter a building without a warrant, if notified by police that
"the building contains a marijuana grow operation." There is nothing in this
bill that requires the police to substantiate the statement in any way, let
alone show reasonable grounds for the suspicion. This will effectively allow
police, via the inspectors, entry into areas which would otherwise be denied
them.

Bill 128 will also allow utility companies to disconnect power to a property
without notice, if they believe there is a threat to the safety of any
person or the reliability of ... the distribution system." There is no
effort made to circumscribe this power by defining these threats with any
specificity. The power is not limited to criminal activity and leaves too
much discretion in the hands of the utility corporation.

After the disconnection, property owners must appeal the decision to the
utility corporation, which will have the power to conduct an inspection.
However, this inspection does not have to occur until five days after the
disconnection. Law-abiding homeowners may have to spend the better part of a
week without power. If police have information on illegal activities, let
them build a case, obtain a warrant and make the arrests.

The government should not be allowed to use safety and utility regimes to
increase the reach of law enforcement at the expense of our freedom from
unreasonable search and seizure.

Gregory Harnish, Toronto