Government lawyers are asking Canada's top court to rule on whether police need a warrant to look at power consumption graphs of suspected marijuana grow operations.
Daniel James Gomboc was convicted of running a Calgary grow-op, but had the conviction overturned with the argument police had breached his right to privacy by asking the power company to measure his consumption.
The case was argued at the Supreme Court Wednesday. The Crown said the power company was within its rights to measure Gomboc's energy use by installing a device on its own power line off Gomboc's property.
The Crown also argued the power company was a victim of theft because Gomboc tried to hide the high consumption -- which frequently tips off police and utilities to grow- ops -- so police had the right to investigate.
The court has previously ruled utilities can provide police with the amount of power consumed.
But technology has changed since and they can now graph how much power is used at what time of day.
Gomboc's lawyer says the data give a precise picture of activity inside the home, including the signature power cycling needed to grow pot.
"They're using this data to look inside the house to see what's happening," said Charlie Stewart.
"All we want (the police) to do is get prior judicial approval."
Justice Ian Binnie asked whether the court would be eroding privacy rights if anyone who delivered services to a home, including cable companies, postal workers and repair services, could collect evidence for police.
"(The right to privacy) can disappear into a thousand cuts," Binnie said.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Beacon Hearld
Author: LAURA PAYTON
Copyright: 2010 , Sun Media
Daniel James Gomboc was convicted of running a Calgary grow-op, but had the conviction overturned with the argument police had breached his right to privacy by asking the power company to measure his consumption.
The case was argued at the Supreme Court Wednesday. The Crown said the power company was within its rights to measure Gomboc's energy use by installing a device on its own power line off Gomboc's property.
The Crown also argued the power company was a victim of theft because Gomboc tried to hide the high consumption -- which frequently tips off police and utilities to grow- ops -- so police had the right to investigate.
The court has previously ruled utilities can provide police with the amount of power consumed.
But technology has changed since and they can now graph how much power is used at what time of day.
Gomboc's lawyer says the data give a precise picture of activity inside the home, including the signature power cycling needed to grow pot.
"They're using this data to look inside the house to see what's happening," said Charlie Stewart.
"All we want (the police) to do is get prior judicial approval."
Justice Ian Binnie asked whether the court would be eroding privacy rights if anyone who delivered services to a home, including cable companies, postal workers and repair services, could collect evidence for police.
"(The right to privacy) can disappear into a thousand cuts," Binnie said.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Beacon Hearld
Author: LAURA PAYTON
Copyright: 2010 , Sun Media
