POT LANDLORD BYLAW UNDER REVIEW

"Better a guilty man go free, than an innocent man be hanged."

That long-standing axiom in British and Canadian jurisprudence was
cited by Coun. John Redekop October 27, as Abbotsford city council
voted to defer action on a controversial bylaw aimed at stemming
marijuana grow operations.

The document, titled the Abbotsford Controlled Substance Property
Bylaw, was aimed at recovering police costs and enforcing safety
requirements after marijuana grow operations are busted. It sparked
heated debate among Abbotsford councillors in at least one recent meeting.

On Oct. 27, councillors voted to refer the bylaw back to city staff
pending the outcome of a court challenge of a similar bylaw in another
Lower Mainland municipality.

Coun. John Redekop cited advice from the B.C. Civil Liberties
Association, which said the bylaw as it now stands may encroach upon
the criminal law powers of the federal government.

"The bylaw could unfairly burden good faith landlords with the actions
of their tenants," said the councillor.

However, Coun. Ed Fast said the axiom used by Redekop, taken to its
extreme, would mean no one would ever be convicted of a crime.

"It's a matter of balance," he told the Abbotsford News. "What I've
suggested is that we include an appeal process, or a show-cause
process to allow landlords to say, 'I used due diligence.'

"I would expect that to be done by a staff review panel, or perhaps by
council itself. We have assurances from police they are not after
innocent landlords," said Fast.

The move comes as grow-ops continue to take up scarce police time and
resources. Requirements of the bylaw would only be imposed after
police have shut down a property containing a grow op.

A comprehensive inspection, at a proposed cost of $400, would take
place by building, plumbing, fire, electrical and gas inspectors.
Property owners would also be charged for building permit fees for
restoration work, and extraordinary police costs.

Grant Acheson, acting director of development services, recently
reported to council that to the end of August, 64 grow operations were
investigated, resulting in 37 property searches.

In 2000, 233 grow-op investigations resulted in 194 property searches.
"Grow operations can be found in all neighbourhoods of the city, and
predominately in single-family rental houses," reported Acheson.