Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Three residents who had their properties searched due to suspicions they housed marijuana-growing operations have filed a petition in B.C. Supreme Court against the Township of Langley, challenging the constitutional validity of a bylaw that allows for such inspections.
In each of the three cases, which occurred from July to October 2007, no marijuana plants were discovered, according to the petitions.
"They came forward because the Township of Langley bylaw program caused them harm. The petitioners believe that those types of bylaws are unconstitutional," said Kirk Tousaw, the lawyer representing Karen Probert, Matthew Black and Tammy Rosin in the case.
"These are bylaws that are being used with incredible regularity by the municipalities," Tousaw said, adding that the bylaws are essentially criminal law statutes and should fall under federal, not municipal, jurisdiction.
Under the bylaw, the inspection team investigates properties where excessive use of electricity has been noticed. It can shut down power sources that pose a danger and need not obtain search warrants.
All three petitioners said the inspection teams conducted searches without their consent, and in one case, did significant damage to the property.
RCMP Cpl. Peter Thiessen said he was unaware of the three specific cases, but that the inspection team had been temporarily suspended after one of its members was accused of stealing a halogen light and two batteries during an inspection.
Thiessen said that investigation is not finished, but added that the team could be reinstated soon.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Vancouver Sun
Copyright: 2008 The Vancouver Sun
Contact: About | canada.com
Website: Residents say bylaw unconstitutional
In each of the three cases, which occurred from July to October 2007, no marijuana plants were discovered, according to the petitions.
"They came forward because the Township of Langley bylaw program caused them harm. The petitioners believe that those types of bylaws are unconstitutional," said Kirk Tousaw, the lawyer representing Karen Probert, Matthew Black and Tammy Rosin in the case.
"These are bylaws that are being used with incredible regularity by the municipalities," Tousaw said, adding that the bylaws are essentially criminal law statutes and should fall under federal, not municipal, jurisdiction.
Under the bylaw, the inspection team investigates properties where excessive use of electricity has been noticed. It can shut down power sources that pose a danger and need not obtain search warrants.
All three petitioners said the inspection teams conducted searches without their consent, and in one case, did significant damage to the property.
RCMP Cpl. Peter Thiessen said he was unaware of the three specific cases, but that the inspection team had been temporarily suspended after one of its members was accused of stealing a halogen light and two batteries during an inspection.
Thiessen said that investigation is not finished, but added that the team could be reinstated soon.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: The Vancouver Sun
Copyright: 2008 The Vancouver Sun
Contact: About | canada.com
Website: Residents say bylaw unconstitutional
