Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
An couple has filed a lawsuit in B.C. Supreme Court seeking damages for what they claim was an illegal inspection of their home by city officials.
Glenn Ferraz and Monica Woykin claim that on May 13 police and city officials demanded entry into their Regal Parkway home to do an inspection.
"At the time, the plaintiff Woykin was at home with her child and did not answer the door," says the legal action.
The next day, the "Abbotsford inspection team," including police, returned and claimed to have the authority to enter the home under the Controlled Substance Property Bylaw and the Fire Services Act.
The bylaw is designed to let the city collect from landlords the extra policing costs run up investigating and dismantling marijuana-growing operations.
Ferraz claims he initially refused the team entry, but when they threatened to return with a search warrant he consented on the condition police not enter his home.
"No criminal charges have been laid and no bylaw offences have been alleged against the plaintiffs as a result of the inspection," the lawsuit claims.
The plaintiffs claim the inspection was illegal because there were no reasonable grounds to conduct what they allege is an invasion of privacy. The two claim their Charter rights were breached and the search caused them public embarrassment.
Woykin also seeks aggravated and punitive damages, claiming she has suffered depression since the incident.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Canada.com
Author: Neal Hall
Copyright: 2008 Canwest Digital Media
Contact: About | canada.com
Website: Couple sues over 'illegal' inspection
Glenn Ferraz and Monica Woykin claim that on May 13 police and city officials demanded entry into their Regal Parkway home to do an inspection.
"At the time, the plaintiff Woykin was at home with her child and did not answer the door," says the legal action.
The next day, the "Abbotsford inspection team," including police, returned and claimed to have the authority to enter the home under the Controlled Substance Property Bylaw and the Fire Services Act.
The bylaw is designed to let the city collect from landlords the extra policing costs run up investigating and dismantling marijuana-growing operations.
Ferraz claims he initially refused the team entry, but when they threatened to return with a search warrant he consented on the condition police not enter his home.
"No criminal charges have been laid and no bylaw offences have been alleged against the plaintiffs as a result of the inspection," the lawsuit claims.
The plaintiffs claim the inspection was illegal because there were no reasonable grounds to conduct what they allege is an invasion of privacy. The two claim their Charter rights were breached and the search caused them public embarrassment.
Woykin also seeks aggravated and punitive damages, claiming she has suffered depression since the incident.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Canada.com
Author: Neal Hall
Copyright: 2008 Canwest Digital Media
Contact: About | canada.com
Website: Couple sues over 'illegal' inspection
