Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
BC: Facing the federal court system could be a thing of the past for marijuana grow operators in Nelson, if a proposed Grow Operation Bylaw sees the light of day.
The Nelson Police Department is developing a new bylaw that could circumvent the Controlled Drug and Substances Act criminal code and land in the realm of civil process, resulting in the removal of the operations but incurring no court time or criminal charges.
Mention of the proposed bylaw first saw the public light of day at the April 26 committee of the whole city council meeting, with NPD Chief Dan Maluta apprising council of the situation.
In speaking about the bylaw afterwards, he said, if approved by city council, the civil process could expedite the elimination of grow operations from Nelson neighbourhoods, instead of allowing them to "proliferate," bogged down by the criminal code.
Currently, police have to file for a warrant through the court system if a grow operation is suspected, a process that could take several weeks or months, said Chief Maluta. Once executed, however, the case could further sit for months before being aired in court - with mixed results.
"The standard for obtaining a warrant was disproportionately high to what should be enough grounds to get a warrant," said Chief Maluta.
"In my view, if all of the indicators on a residence are. that a person has a grow op, then you should be able to get a warrant, but we're still not getting them."
On the other hand, the bylaw would fast track the situation by identifying and then shutting down the operations, he said. Through a mandatory inspection, the fire chief or a designate, along with a City licensing person would attend the residence and inform the occupants there was a grow operation believed to be in the residence.
The occupants would be told someone would be coming back in 48 hours to do a mandatory type of inspection, said Chief Maluta. By that time the house has to be clear.
No criminal charges would be laid because it would be a civil process. It circumvents the warrant since there is no criminal code warrant required. And if something was found, Chief Maluta was not committal about charges being laid.
"It would depend on the circumstances, but likely not," he said.
The process has been championed in other B.C. cities like Surrey very successfully, said Chief Maluta. It would give the NPD officers the teeth to dismantle grow operations without having to go through the cost of a criminal code investigation, warrants, charges and the court system and still preserve public safety.
"At the end of the day, do we want to apprehend these people and should they be charged under the Controlled Drug and Substances Act? Yes, they should," he said.
"But if you are getting rid of the grow and therefore getting rid of the problem, and ridding the neighbourhood of it, maybe you've achieved something significant anyway without necessarily taking them to court."
The proposed bylaw has found a measure of acceptance by NPD officers, said Chief Maluta.
"We asked them if it would break their hearts not to go the Criminal Code route, and we were able to rid the neighbourhoods of these places through other means, like through use of the grow op bylaw, and they said, 'No, absolutely not. The ultimate goal is to get rid of the grow.'"
The bylaw could take some time before it is realized. Along with the development of an adjudication process, strengthening of the traffic bylaw, noise and animal control bylaws, the Grow Operation Bylaw has to be vetted through council.
NewsHawk: User: 420 MAGAZINE
Source: Nelson Daily News (CN BC)
Copyright: 2010 Nelson Daily News
Contact: Submit Letter To Editor | Nelson Daily News, Nelson, BC
Website: Nelson News, Events & Classifieds | Nelson Daily News, Nelson, BC
Author: Timothy Schafer
The Nelson Police Department is developing a new bylaw that could circumvent the Controlled Drug and Substances Act criminal code and land in the realm of civil process, resulting in the removal of the operations but incurring no court time or criminal charges.
Mention of the proposed bylaw first saw the public light of day at the April 26 committee of the whole city council meeting, with NPD Chief Dan Maluta apprising council of the situation.
In speaking about the bylaw afterwards, he said, if approved by city council, the civil process could expedite the elimination of grow operations from Nelson neighbourhoods, instead of allowing them to "proliferate," bogged down by the criminal code.
Currently, police have to file for a warrant through the court system if a grow operation is suspected, a process that could take several weeks or months, said Chief Maluta. Once executed, however, the case could further sit for months before being aired in court - with mixed results.
"The standard for obtaining a warrant was disproportionately high to what should be enough grounds to get a warrant," said Chief Maluta.
"In my view, if all of the indicators on a residence are. that a person has a grow op, then you should be able to get a warrant, but we're still not getting them."
On the other hand, the bylaw would fast track the situation by identifying and then shutting down the operations, he said. Through a mandatory inspection, the fire chief or a designate, along with a City licensing person would attend the residence and inform the occupants there was a grow operation believed to be in the residence.
The occupants would be told someone would be coming back in 48 hours to do a mandatory type of inspection, said Chief Maluta. By that time the house has to be clear.
No criminal charges would be laid because it would be a civil process. It circumvents the warrant since there is no criminal code warrant required. And if something was found, Chief Maluta was not committal about charges being laid.
"It would depend on the circumstances, but likely not," he said.
The process has been championed in other B.C. cities like Surrey very successfully, said Chief Maluta. It would give the NPD officers the teeth to dismantle grow operations without having to go through the cost of a criminal code investigation, warrants, charges and the court system and still preserve public safety.
"At the end of the day, do we want to apprehend these people and should they be charged under the Controlled Drug and Substances Act? Yes, they should," he said.
"But if you are getting rid of the grow and therefore getting rid of the problem, and ridding the neighbourhood of it, maybe you've achieved something significant anyway without necessarily taking them to court."
The proposed bylaw has found a measure of acceptance by NPD officers, said Chief Maluta.
"We asked them if it would break their hearts not to go the Criminal Code route, and we were able to rid the neighbourhoods of these places through other means, like through use of the grow op bylaw, and they said, 'No, absolutely not. The ultimate goal is to get rid of the grow.'"
The bylaw could take some time before it is realized. Along with the development of an adjudication process, strengthening of the traffic bylaw, noise and animal control bylaws, the Grow Operation Bylaw has to be vetted through council.
NewsHawk: User: 420 MAGAZINE
Source: Nelson Daily News (CN BC)
Copyright: 2010 Nelson Daily News
Contact: Submit Letter To Editor | Nelson Daily News, Nelson, BC
Website: Nelson News, Events & Classifieds | Nelson Daily News, Nelson, BC
Author: Timothy Schafer
