UXBRIDGE MAN LOSES HOUSE FOR GROWING MARIJUANA

Burnt River Home Believed To Be First Such Ontario Case

NEWMARKET - An Uxbridge man is the first person in Ontario to lose his
house for growing marijuana.

A judge Monday ordered Robert Peter Henry to forfeit his $225,000 Burnt
River log house to the government as part of his conviction and sentencing.
The Ontario Provincial Police believe it is the first time someone in
Ontario lost a home for having a residential pot growing operation.

"We alleged the log house was built purposely and specifically for the
illegal activities," said OPP Detective-Sergeant John Corcoran of the
force's proceeds of crime unit. "We know of one other home in Canada that
has been forfeited like this one and that was in British Columbia."

Mr. Henry, 43, who was sentenced in a Newmarket court to 18 months in
prison, was allowed to keep another $160,000 home, located directly across
the street in the town near Bobcaygeon, as part of his plea bargaining
arrangement.

In February 2000, police say they discovered nearly 1,800 marijuana plants
with an estimated street value of $1 million growing in the two residences.

Det.-Sgt. Corcoran said the federal government has been looking after the
log house since a restraining order was placed against it in June 2000.

Yesterday's court decision by Mr. Justice Edwin Minden found the log house
had been modified for the illegal growing of marijuana. About $75,000 worth
of marijuana-growing equipment was also forfeited.

Mr. Henry is the second man sentenced in the case. Previously, Gordon
Frederick Churchill, 48, of Burnt River, was sentenced to two years less a
day. Police seized a Porsche, a cube van and a helicopter under the
proceeds of crime legislation.

At least 300 residential pot labs have been dismantled across Greater
Toronto in the past 18 months, including 200 in Peel Region as police have
been taking a hard line on busting the illegal hydroponics operations.

While restraining orders have been placed on several of the residences,
police say none have been designated for forfeiture because it's extremely
difficult to prove the owner of the home knew or had anything to do with
the illegal hydroponics operation.

"We've found that 99 per cent of the people we've charged inside the homes
are either tenants or sub-tenants of the tenant who is working for a guy
who knows a guy who is in there watering the plants," said Detective Ian
Calder of Peel's morality unit.

Even if police charge the owner of an alleged residential growing
operation, they say it's not financially worth their trouble to pursue
seizure and forfeiture proceedings unless the owner has a substantial
financial investment in the property.

Det. Calder said homeowners need about $60,000 in equity to make forfeiture
worthwhile.

"Once a property is seized, the seizing agency is then responsible for
heat, hydro and property taxes," he explained.

-- Torstar News Network