The B.C. Court of Appeal has struck down a provincial law that lets electrical and fire inspectors enter suspected marijuana grow operations without a warrant.
But Len Garris, the fire chief in the Vancouver suburb of Surrey, says the ruling should not stop the successful safety inspection program that has been credited with shutting down hundreds of illegal grow-ops.
In a decision released on Thursday the B.C. Court of Appeal ruled in favour of an alleged Hells Angels associate whose lawyers had argued parts of the Safety Standards Act infringe on the Charter of Rights.
The case began several years ago when a team of Surrey fire inspectors and police first tried to enter a home belonging to Jason Arkinstall and Jennifer Green.
The family home had an indoor pool, a sauna, a hot tub and central air conditioning that consumed a lot of power, but inspectors suspected the couple also had a grow-op inside because of its high levels of electrical consumption.
Arkinstall refused to let the police enter his home with an inspector because they didn't have a warrant, so the city cut the home's power and the family was forced to move into a hotel.
The couple challenged the actions and on Thursday the court ruled the safety inspections represent a considerable invasion of privacy and said that officials should have to obtain an administrative warrant.
Inspections will continue
Grace Pastine, litigation director for the B.C. Civil Liberties Association, who was an intervener in the case, called the decision a victory.
"So here the court was asked where do you draw the line about what is a reasonable search? And the court answered the line is drawn at the front door of people's homes," said Pastine.
B.C. Attorney General Mike de Jong called the decision "helpful" in defining the balance between protecting privacy and cracking down on grow-ops.
Garris said the decision by B.C.'s highest court will not stop the city of Surrey from searching homes suspected of harbouring marijuana grow operations because he expects the inspectors will be able to obtain the necessary warrants.
In the last five years, city authorities have needed warrants in only four cases and were successful in obtaining them in all of those instances, said Garris.
"Providing that the goalposts remain the same in terms of thresholds for search warrants, this decision will add an additional step to our process. It will slow us down a little bit, but it's certainly not going to stop us," he said.
Previously, the 2006 changes to the Safety Standards Act had allowed inspectors to post a notice on a property that it would be inspected by fire officials within 48 hours, if they found a record of high power consumption.
Grow-ops typically use high-powered lighting to facilitate plant growth. Police often find substandard wiring and illegally bypassed power meters in the homes that house them.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: CBC News
Copyright: 2010 CBC
But Len Garris, the fire chief in the Vancouver suburb of Surrey, says the ruling should not stop the successful safety inspection program that has been credited with shutting down hundreds of illegal grow-ops.
In a decision released on Thursday the B.C. Court of Appeal ruled in favour of an alleged Hells Angels associate whose lawyers had argued parts of the Safety Standards Act infringe on the Charter of Rights.
The case began several years ago when a team of Surrey fire inspectors and police first tried to enter a home belonging to Jason Arkinstall and Jennifer Green.
The family home had an indoor pool, a sauna, a hot tub and central air conditioning that consumed a lot of power, but inspectors suspected the couple also had a grow-op inside because of its high levels of electrical consumption.
Arkinstall refused to let the police enter his home with an inspector because they didn't have a warrant, so the city cut the home's power and the family was forced to move into a hotel.
The couple challenged the actions and on Thursday the court ruled the safety inspections represent a considerable invasion of privacy and said that officials should have to obtain an administrative warrant.
Inspections will continue
Grace Pastine, litigation director for the B.C. Civil Liberties Association, who was an intervener in the case, called the decision a victory.
"So here the court was asked where do you draw the line about what is a reasonable search? And the court answered the line is drawn at the front door of people's homes," said Pastine.
B.C. Attorney General Mike de Jong called the decision "helpful" in defining the balance between protecting privacy and cracking down on grow-ops.
Garris said the decision by B.C.'s highest court will not stop the city of Surrey from searching homes suspected of harbouring marijuana grow operations because he expects the inspectors will be able to obtain the necessary warrants.
In the last five years, city authorities have needed warrants in only four cases and were successful in obtaining them in all of those instances, said Garris.
"Providing that the goalposts remain the same in terms of thresholds for search warrants, this decision will add an additional step to our process. It will slow us down a little bit, but it's certainly not going to stop us," he said.
Previously, the 2006 changes to the Safety Standards Act had allowed inspectors to post a notice on a property that it would be inspected by fire officials within 48 hours, if they found a record of high power consumption.
Grow-ops typically use high-powered lighting to facilitate plant growth. Police often find substandard wiring and illegally bypassed power meters in the homes that house them.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: CBC News
Copyright: 2010 CBC
