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News (Media Awareness Project) - CN BC: B.C. Town Suspends Controversial Grow-Op Law
Title:CN BC: B.C. Town Suspends Controversial Grow-Op Law
Published On:2011-01-26
Source:National Post (Canada)
Fetched On:2011-03-09 16:51:02
B.C. TOWN SUSPENDS CONTROVERSIAL GROW-OP LAW

ABBOTSFORD, B.C. - A B.C. municipality has suspended a controversial
bylaw that gives it the right to hunt for grow-ops in homes that are
using large amounts of electricity, then slap owners with expensive
fees -- even if marijuana isn't found.

The Mission district council has voted to suspend the bylaw for one
month so it can be reviewed. Intended to help find marijuana grow
operations, the bylaw allowed the city to inspect properties that are
consuming more than 93 kilowatts of electricity a day.

It was heavily criticized by residents who said they are innocent
victims of an unfair policy that allows unwarranted inspections, with
the city charging fees of more than $5,000 to homeowners subjected to a search.

A change in 2006 to the B.C. Safety Standards Act gave municipalities
direct access to electricity-consumption data from the province's
electric utility, BC Hydro, and the ability to identify homes with
unusually high power usage.

Armed with that data, experts have been inspecting some of the
properties after giving homeowners 24 to 48 hours notice. The
inspectors typically look for tampered wiring and plumbing,
overloaded circuits, mould buildup, pesticides, holes in walls and
extra ventilation ducts--all possible indications of a grow-op.

But even if a grow-op isn't found, which is the case most of the
time, authorities can still find that a home is in violation of
safety bylaws and require the homeowner to fix the problems. The
bylaw is now the subject of a massive class-action lawsuit.

Stacy Gowanlock, who was slapped with a $5,200 fee after his house
was inspected in 2009, said before the Monday vote that no matter
what decision Mission council made in regards to the bylaw, the
lawsuit will continue.

"The damage is already done," he said, adding a draft of the lawsuit
has been written and is being reviewed by a team of lawyers.

"We have people that are losing their homes, having mortgages
recalled, thousands and thousands of dollars worth of repairs and at
no time by rescinding this bylaw do I want this council ... or the
District of Mission to think that this will all go away.

"We are fully prepared to see this right to the distance to get
justice for the people affected by it."
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