Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
North Vancouver RCMP have backed off on a request that would have forced BC Hydro to turn over the records of more than a thousand North Vancouver homeowners using large amounts of power to police.
On Thursday, at a closed-door hearing in North Vancouver provincial court, the federal department of justice withdrew the request for the Hydro records after facing a court challenge by the power authority.
BC Hydro filed a petition in B.C. Supreme Court this month fighting the request after a North Vancouver judge ordered the power company to hand over a list of residential addresses to police of anyone in North Vancouver whose power consumption averaged more than 93 kilowatt hours per day.
Details about why the North Vancouver RCMP made the unusual request have been sealed by the court, but are believed to involve a search for potential marijuana growing operations, which typically use large amounts of electricity.
BC Hydro asked for a judicial review of the decision, arguing the order was too broad.
In an affidavit filed in court, the power company expressed concern that the order could end up forcing it to hand over records of law-abiding citizens and subjecting them to a police investigation even though there is little likelihood they are involved in marijuana grow-ops.
Const. Michael McLaughlin, spokesman for the North Vancouver RCMP, said Friday the department is aware the court order compelling B.C. Hydro to produce the records has now been revoked "and we are certainly going to respect that decision," he said.
Brent Olthuis, a lawyer who recently represented the B.C. Civil Liberties Association in challenging warrantless searches of suspected grow-ops by municipal inspectors, said he was surprised at the broad scope of the North Vancouver order.
"I'd be quite surprised and I think my client would be alarmed at such a production order being sought in the first place, let alone being granted," he said.
NewsHawk: User: 420 MAGAZINE
Source: canada.com
Copyright: 2010 Canwest News Service
Contact: canada.com - About Us - Contact Us
Website: Mounties back off request to B.C. Hydro for records
On Thursday, at a closed-door hearing in North Vancouver provincial court, the federal department of justice withdrew the request for the Hydro records after facing a court challenge by the power authority.
BC Hydro filed a petition in B.C. Supreme Court this month fighting the request after a North Vancouver judge ordered the power company to hand over a list of residential addresses to police of anyone in North Vancouver whose power consumption averaged more than 93 kilowatt hours per day.
Details about why the North Vancouver RCMP made the unusual request have been sealed by the court, but are believed to involve a search for potential marijuana growing operations, which typically use large amounts of electricity.
BC Hydro asked for a judicial review of the decision, arguing the order was too broad.
In an affidavit filed in court, the power company expressed concern that the order could end up forcing it to hand over records of law-abiding citizens and subjecting them to a police investigation even though there is little likelihood they are involved in marijuana grow-ops.
Const. Michael McLaughlin, spokesman for the North Vancouver RCMP, said Friday the department is aware the court order compelling B.C. Hydro to produce the records has now been revoked "and we are certainly going to respect that decision," he said.
Brent Olthuis, a lawyer who recently represented the B.C. Civil Liberties Association in challenging warrantless searches of suspected grow-ops by municipal inspectors, said he was surprised at the broad scope of the North Vancouver order.
"I'd be quite surprised and I think my client would be alarmed at such a production order being sought in the first place, let alone being granted," he said.
NewsHawk: User: 420 MAGAZINE
Source: canada.com
Copyright: 2010 Canwest News Service
Contact: canada.com - About Us - Contact Us
Website: Mounties back off request to B.C. Hydro for records
