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 this week, 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.

Monday, 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 yesterday. "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.

W. 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.