Safety Standards Act Needs To be Reviewed--Coquitlam A Police State
Greg Carr
Vancouver Sun
Wednesday, May 07, 2008
The Safety Standards Act was brought in as an extraordinary solution
to an extraordinary problem -- the thousands of marijuana growing
operations that have sprouted throughout British Columbia.
At the time it was passed by the legislature two years ago, we
supported the new powers it bestowed on municipalities despite
concerns raised by the B.C. Civil Liberties Association and the
provincial information and privacy commissioner, David Loukidelis,
because it appeared to be a useful tool if carefully employed.
(Greg-It is but unfortunately the powers that be have abused it. So
the law has to be changed so they can't do that.)
The act allows BC Hydro to turn over to local municipalities lists of
customers who are using above-average amounts of electricity, which
could be a sign that a home is being used as a growing operation.
Municipalities have been concerned about the spread of such operations
because, in addition to being illegal and a common tentacle of
organized crime, growing operations are a serious fire hazard. Houses
used for growing marijuana are a threat to their neighbours because of
dangerous wiring used for high-intensity lights and other
modifications.
In effect, the Safety Standards Act gives municipalities the power to
search a house without a warrant where a marijuana-growing operation
is suspected based on above-average hydro bills.
Reports are surfacing, however, that the extraordinary powers granted
under the act are being abused. While many growing operations have
been chased away,
(Greg-In Surrey it is estimated they have eliminated 90%)
the wide net cast by the act is also ensnaring innocent homeowners
who are in effect being punished without having resort to any of the
usual safeguards in place to protect the wrongfully accused.
In one case in Coquitlam investigated by Vancouver Sun reporter Gerry
Bellett, inspectors descended on a large home with a swimming pool
that used a lot of power. First, they embarrassed the family by
posting a notice on the door declaring officials had determined that
the house was being used to grow marijuana.
(Greg-This could be rectified by having the notice state that the
house had electrical consumption concerns. The notice could be changed
to grow-op when in fact they find evidence of this.)
When inspectors accompanied by police finally conducted a search two
days later, they found no sign of marijuana cultivation, but did cite
the homeowner for other violations of local bylaws.
In other cases, residents complain they are being charged $5,000
re-inspection fees based on the presumption that their home had at
some point been used as a growing operation, even though no evidence
to that effect had ever been or ever would be tested in court.
(Greg-Instead of a fee for re-inspection charge the ppl who actually
have grow-ops a minimum 5k fine separate from any that arise from the
court case.)
In one case that resulted in a lawsuit, a member of the Hells Angels
(Greg-Jason Arkinstall and Jennifer Green live in a 6,000-square foot
home
in the 13900-block of 34th Avenue in Surrey. He has an extensive
criminal record and has been convicted of offences ranging from
assault causing bodily harm to trafficking in cocaine, for which he
was sentenced to 18 months in jail, July 28, 2005.)
was targeted for a safety search of his 6,000-square-foot house. He
agreed to allow safety inspectors in, but not the police officers who
accompanied them.
The electrical inspector found nothing, but the municipality ordered
his power disconnected because the homeowner had not cooperated fully.
It took a court order to get the power turned back on.
(Greg-While I am all for a co-ordinated law enforcement and various
inspection departments investigation of HA they are still citizens and
even if they are not this is still Canada. The inspector found nothing
so that should be the end of it. I'm sure the HA buddies of these two
were impressed that he managed to keep the RCMP out. Remember by law
they need a search warrant to enter your home unless they have
received a 911 call from inside or have chased a guy with a knife
dripping in blood from a crime scene into the home or something
similar.)
While it's difficult to find much sympathy for members of a criminal
organization, history shows that unless we protect the rights of all
citizens, we render the concept meaningless for when we need the same
protection ourselves.
(Greg-Clap, clap ,clap, hear, hear.)
The extraordinary power of searching a home without a warrant provided
under the Safety Standards Act was justified as a way of protecting
communities from a serious safety risk.
It cannot be used for any other purpose without undermining the
legitimacy of its original intent.
Most insidious is the suggestion that the act is being used to punish
people that police or civic officials believe are engaged in or have
been engaged in illegal activities.
The powers granted under the Safety Standards Act should be reviewed
by the province to ensure they are being used only as originally
intended. A law that allows for abuse of anyone serves no one well.
(Greg-I agree and urge everyone to let John VanDongen the
Solicitor-General know you want a review of this and changes made.)
© The Vancouver Sun 2008
Victimized by grow-op cops
Searches revealed a pool... but no pot. Outraged at his treament?
(Greg- I'm outraged by your failure to spell the word right. Also the
fact I was overcharged on my Sun renewal bill. The word is treatment.
This man was abused by the authorities and that shouldn't be
happening.) Have your say.
Gerry Bellett
Vancouver Sun
Friday, May 02, 2008
CREDIT: Chuck Russell / VANCOUVER SUN
Drew and Terri Smith, with children Jessica, 13, and Lucas, 8, were
accused of running a grow-op because of his high hydro bills. Smith
heats his pool with an electric heater. That didn't stop searches and
threats from the powers that be.
METRO VANCOUVER - Drew Smith drove home on his coffee break one
morning to find a shocking notice stuck to the front door. The
posting, from the city of Coquitlam, warned that the premises were
being used as a marijuana growing-operation.
(Greg-They should change the notices to just say that an electrical
inspection will take place. I can recall in the past seeing BC Hydro
inspection notices so why not just use those?)
"I just about fainted," said Smith, a construction supervisor.
The longtime Lions Club fundraiser, who dresses as the Easter Bunny to
hand out candy to children every spring, had been found guilty without
due process.
"The notice said they had concluded their investigation and knew I had
an illegal marijuana-grow operation and that BC Hydro had been
contacted and would be terminating my power."
(Greg-Can he sue because of damage to his reputation?)
What happened to Smith and his family is an example of how the zeal to
root out marijuana-growing operators can leave innocent victims facing
what Smith sees as persecution.
No marijuana-growing operation was found at the Smith home in a
subsequent inspection. But hundreds of such inspections have been
carried out across Metro Vancouver in the last two years, without
search warrants and based solely on the amount of electric power
consumed by the homes.
The law that allows this practice is being challenged as
unconstitutional by the B.C. Civil Liberties Association, and has led
to a lawsuit by another family.
But municipal officials say the campaign to find and shut down growing
operations is working effectively, has led to hundreds of operations
being shut down, and has reduced the number of house fires related to
indoor marijuana-growing.
(Greg-The number of grow-op fires is down around 90% in Surrey.)
No marijuana found
At the Smith home, inspectors found no marijuana plantation but still
proceeded to charge him with bylaw infractions unrelated to either
marijuana cultivation or electrical safety violations.
The inspection was triggered because his home was identified as having
unusually high electricity consumption, which often goes hand in hand
with indoor marijuana cultivation.
From May to December last year, Coquitlam's Public Safety Inspection
Team carried out 128 such inspections, with 88 properties found "to
have hazards under the Controlled Substance Property Bylaw resulting
in revoked occupancy and-or power shut-off," a city report said.
Another 24 properties were suspected of being used to grow marijuana
but there was insufficient evidence, while in nine cases there was no
evidence of marijuana cultivation. The status of the remaining
properties was not clear.
Mayor Maxine Wilson said the program was "about improving the safety
of our community and its success is a credit to the cooperative, team
approach between the RCMP, fire prevention, city bylaw enforcement and
building permits."
But Smith said it has proved hazardous to his health.
"I'm now on medication to keep calm because my temper was getting up,"
he said. "I was on sleeping pills for a while because I couldn't
sleep. It's affected my health."
He said his electricity costs were high because his home has a
40-by-20-foot electrically heated outdoor swimming pool, an electric
sauna and "three kids who don't turn off a light and leave TVs playing
all over the house and wear clothes once, then put them through the
wash."
Smith said when the notice appeared on his door, he immediately phoned
city hall to say there had been a mistake, but no one would listen. He
found an RCMP officer who agreed to come to his home and conduct a
search.
"This officer did an inspection and said there was no issue with it
and gave me a file number. I called city hall and told them ... but
they didn't care and said the inspection would take place as
scheduled," said Smith.
"Two days later they showed up. ... I had my uncle there in case I
lost it. We were all standing outside in the rain and I asked why they
were doing this.
"They said because I had enormous electricity bills, and I gave them
the spiel about the swimming pool and all the rest, but they didn't
care."
The RCMP wouldn't even let him into his own home to observe the
inspection, he said.
(Greg-Totally ridiculous. This person goes out of his way to
co-operate with law enforcement and look what happens to him. No
wonder something like a third of the population doesn't trust them
even though only 7% of the population has a record.)
"I mean, this is my house and the city's inside and I'm being
prevented from going into my own home. My uncle just shook his head.
He said, 'It looks like we're living in a police state,' and I had to
agree with him."
An inspector showed him a Google Earth picture of his backyard with a
garden where there was now a swimming pool.
"I told them the pool was built by the original owner but had been
filled in. When we bought the place five years ago I dug it out and
restored it," he said. The 200-ampere electrical service to the pool
had been approved by the city.
"All this happened because I had high electricity bills," he said. "If
they had done their homework they would have seen I had a 200-amp
service put in for the pool because I took out a permit."
Smith is a long-time Coquitlam resident and member of the Burquitlam
Lions Club who has "raised thousands of dollars and worked thousands
of hours for this community." He says the inspection threatened his
reputation in the community and involved him in an expensive battle
with the city.
It also came close to mixing outrage with comedy.
"For a while I considered putting on my Easter Bunny suit and sitting
on the steps of city hall with a big sign saying 'Easter Cancelled -
Bunny on Strike - see Maxine Wilson at City Hall.'
"I think now I should have done it. I should have brought public
attention to what is going on. We're living in a police state."
Coquitlam communications manager Therese Michelson said Smith's case
was unfortunate.
"We look at more than high power usage, but if we had known about his
pool it could have explained it," she said.
Inspectors have found electrical faults in some homes and the owners
were glad to have them identified, she said.
Michelson said the city has reviewed its procedures and has reduced
the inspection notice to 24 hours because 48 hours gave
marijuana-growers time to clear out plants and hide evidence.
The city has changed its approach to homes clearly not being used for
drug production. "Based on concerns from people like Mr. Smith," the
city is now telling inspectors to concentrate on life and safety
issues and ignore everything else, she said.
Grace Pastine, litigation director for the B.C. Civil Liberties
Association, found the searches raise disturbing questions.
"We feel the use of the Safety Standards Act to allow the police to
enter citizens' homes without a warrant to be an unreliable reading of
the act and allows it to be used as a cover to permit police entry
into a home where there's a suspicion of illegal activity," said
Pastine.
"We don't believe there's any lawful basis for doing that and there's
a substantial body of jurisprudence that upholds a citizen's right to
privacy, especially in their homes."
Surrey fire chief Len Garis admits being torn between what can be
heavy-handed inspections and the need to shut down premises that are
fire hazards.
"In 2003, we had 15 structural fires due to marijuana-growing," Garis
said. "In 2004 we had 14, so we were averaging just over one a month."
Between March 2005 and December 2007, Surrey conducted 869 searches
and found 756 premises where electrical components were compromised,
likely as a result of marijuana cultivation, he said.
"In 2007 we only had four such fires, which is a 70-per-cent
decrease," Garis said. "So in that sense, I feel I'm fulfilling my
mandate to keep the community safe."
Another Coquitlam resident fighting city hall is Andy Lee, who with
his wife and two children was evicted on the spot last June when a
Public Safety Inspection team figured there was enough evidence that
the Lee home on Reece Avenue displayed the signs of a growing
operation.
Hydro records showed the home was using above-average amounts of
electricity. Inspectors found more than 100 large plant pots in the
attic, bags of soil in the yard, bundles of bamboo rods that could be
used for marijuana plant supports, a garden hose attached to a shower
head in the basement, water damage to the basement floor, loose
electrical wiring, a 220-volt electrical box added after the home was
built, rerouted ventilation ducts and evidence of drywall alterations.
One of the inspectors noted a white van parked near the home carrying
ventilation tubes and a fan, and a police check on the licence plate
showed it had been flagged by the Edmonton police's drug section.
But Lee, a security guard, is adamant there was nothing illegal
occurring in his home.
But at the conclusion of the inspection June 20, inspectors ordered
the family out. The Lees have launched a lawsuit in B.C. Supreme Court
seeking damages.
Lee said his family was frightened and intimidated by police,
especially when an officer threatened to shoot the family dog - a
Rottweiler - if it wasn't placed in a car.
(Greg-Seems suspicious to me. In any case putting the Rotti in the car
is a reasonable request by law enforcement.)
"I was scared that if the family didn't cooperate maybe they'd shoot
me," said Lee, who moved to Canada from mainland China.
He said family members were humiliated and ridiculed by inspectors.
"My wife, who doesn't speak English, was comforting our son and one of
the officers yelled at her to speak English. Why did they need to do
that?"
(Greg-Ppl have the right to speak any language they want.)
The inspectors put a notice on the door saying the premises had been
used as a marijuana-growing operation or a drug lab and occupancy was
being terminated.
"They told us, 'Just leave right now, pack up some clothes, the hydro
is being turned off.'"
In the months that followed his sons were taunted at school with
accusations their father was running a growing operation, leading to
schoolyard fights and a drop in their marks, Lee said.
The city insists he pay a $5,000 fine for operating a marijuana
operation. Lee denies it and refuses to pay.
His Vancouver lawyer, Phillip Lundrie, said all the search found was a
hose attached to a shower, which was used to wash the dog, and a few
old plant pots in the attic.
(Greg-Which is it? A few or a hundred?)
"They didn't find anything but they concocted a nonsense case,"
Lundrie said."It borders on the absurd and the malicious."
(Greg-Lundrie must be worried about being disbarred. If the police are
lying about 100 empty plant pots then this is a malicious prosecution
without merit. If his client had 100 empty pot plants and he is trying
to infer it was only 5 without lying he would use words like a few and
borders on malicious.)
© Vancouver Sun
http://www.canada.com/vancouversun/news/story.html?id=9b375d7f-a59d-4895-a120-2c15a55ba389&k=40296
The HA house between 13710 and 13734 108Ave. in Surrey still has no
house numbers in violation of the law.
Mayor Dianne L. Watts 604.591.4126
Councillor Robert Bose 604.591.4624
Councillor Tom S. Gill 604.591.4634
Councillor Linda Hepner 604.591.4626
Councillor Judith E. Higginbotham 604.591.4633
Councillor J. Marvin Hunt 604.591.4635
Councillor Mary Martin 604.591.4622
Councillor H. Barbara Steele 604.591.4623
Councillor Judy A. Villeneuve 604.591.4625
http://www.surrey.ca/Inside+City+Hall/Your+Mayor+and+Council/default.htm
has links to the email addresses of these elected officials who are
supposed to make sure the RCMP and by-law enforcement do their jobs.
One local media outlet has stated that a motorcycle gang was
responsible for the worst homicide in Surrey history. You would think
the police and authorities would use this as an excuse to crackdown on
these miscreants but instead they are letting it go on in this case.
-------------------------------------------------------------------------------------------------------------------------------------------
Man stabbed in fight
An altercation in Surrey escalated into a stabbing that left one man
in hospital with upper-body wounds.
Surrey RCMP were called to an apartment building in the area of 150th
Street and 104th Avenue at around 10:30 p.m Friday night.
The man suffered knife wounds to his neck and chest. He was taken to
Royal Columbian Hospital with serious but non-life-threatening
injuries.
Police are investigating. No suspects are in custody.
http://www.canada.com/theprovince/news/story.html?id=739e8366-8c13-424f-b6e0-08eadce49814
Party turns ugly in Surrey
Surrey/(CKNW)AM980
5/3/2008
Surrey RCMP are investigating what appears to be double stabbing at a
party Friday night.
Staff Sergeant Bruce Anderson says it happened at an apartment
building near 150th Street and 104th Avenue, "We've had a report of a
large fight. Upon attendance we found two victims, who it appears to
have stab wounds. Both victims have been taken to Royal Columbian
Hospital for medical attention and our investigation is continuing."
Anderson says the victims - a man and woman - are believed to have
serious but non-life threatening injuries.
No suspects are in custody.
http://www.cknw.com/Channels/Reg/NewsLocal/Story.aspx?ID=1006535
I know the building in question and it is usu. quiet. I have never
seen any problems there and it has never made the news media. Unlike
some of the other buildings in the area they don't have much of a
problem with tagging. Never even seen a party go on there.
We are awaiting the return of our JHVH in the flesh or his Son. His Son Yu'shua died on the cross for our sins, was resurrected and walked the earth for awhile then ascended unto Heaven. We await the Third Coming not the Second.
Scottish Quaker Robert Barclay-"The weighty Truths of God were neglected, and, as it were, went into Desuetude. ...
Who will be the last Coalition soldier to be maimed in Iraq?
Canadian troops out of Afghanistan and into Darfur.http://www.amnesty.ca/instantkarma/petition.php
Good luck to anyone trying to learn Hebrew. I am looking for a Hebrew-Gregorian calendar in both Hebrew and English lettering.
I am looking for my missing automobile. Left in the care of Low's Tire (Firestone) on King George Hwy which has since gone out of business. A man who claimed to be a tow truck driver named Jerry (sounded Black) called me and said he had it
but when I called him back he denied it. JVD-968 "89 Plymouth Reliant white with red interior. Devellis in lettering on the rear trunk. Contact me by email or the GRC if you are one of those ppl. Am looking for the address of Dave Reynolds and any info about him. He used to run Low's Tires and since he refuses to answer his email lows...@telus.net I can only assume he is the person who stole my vehicle and the contents in it. I have talked to the new owners and they claim to know nothing.
3P3BK41D9KT921716 is the vin number. John Reynolds still has a valid email lows...@telus.net but refuses to return my inquiries.Any info about this thief is appreciated.
I am also looking for various books and CD's that I have discovered missing. All are marked Greg Carr on the inside cover or somewhere in the CD booklet. $5 reward for each CD and for each book. Will pay $200 for info regarding how they disappeared because I honestly don't know.