[VagPuncher]

VANCOUVER — The B.C. Court of Appeal has ruled a law allowing city electrical inspectors to search houses for marijuana growing operations without warrants violates the Canadian Charter of Rights and Freedoms.

Five members of the court sided with appellant and Hells Angel associate Jason Cyrus Arkinstall in overturning two parts of the Safety Standards Act as unconstitutional.

Chief Justice Lance Finch wrote that the home sits at the top of a “hierarchy of places” in which people have a reasonable expectation of privacy. The inspections cross the line, he said.

“While the impugned inspections in this case are regulatory in nature, they constitute a considerable intrusion into an individual’s reasonable expectation of privacy,” Finch wrote.

The Appeal Court overturned a ruling by B.C. Supreme Court Justice Bill Smart in October 2008 that said the Safety Standards Act was constitutional, though the particular search of Arkinstall’s residence was improper.

The act has been used by city inspectors, accompanied by police, to investigate homes with higher than normal power consumption as suspected grow ops.

Arkinstall, who police describe as an associate of the Hells Angels, 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 in July 2005.

In May 2007, Arkinstall was called and given two days warning that an inspection would be carried out on his 6,800-square-foot Surrey house, which he shared with his spouse and a young child.

When Surrey RCMP officers arrived with fire and building inspectors and an inspector from BC Hydro, Arkinstall wouldn’t allow the police to enter, so the fire and building inspectors wouldn’t go in unescorted.

Power was ordered cut off, forcing the couple and their young child to leave their home. It took a court order five days later to get the power turned on.

Surrey Mayor Dianne Watts said the city will not abandon its crack down on grow ops.

“We may have to alter the way we do this. We’ll adapt to the court ruling and carry on,” she said.

Vancouver Sun with files from the Surrey Now

[apartmentblower]

that law was total unconstitutional fucking bullshit. thanks to the HA who had the balls to challenge.

[Reverend Mojo]

I find it amazing how willing the government is to throw away any freedoms in the quest for more "drug criminals" and how willing the police are to uphold any of these fascist laws.

It really just shows that this country is but a hair away from a police state.

[Dreamz_Of_Green]

sounds like canada does wtfe they are told

[mikeross]

You can not believe how happy i am to hear this.

This is a big deal for all the honest growers who are paying for their power under bchydro rather than stealing it. No more watching ever little bit of electricity usage and i am happy I dont have to modify my grow anymore to save power.


So does this mean a nice 8000watt setup should be no issue... BChydro can no longer give info to the police as of now? No more inspections?

Any more insight to this is much appreciated. Honestly sounds to good to be true.

BC took ten steps back with this stupid law and now its back to how it was and should be.

[mikeross]

Can the rcmp still get the power usage from BChydro, scoop out the house for more evidence to build a case then just get a warrant. This time they dont need consent and can just come right in.

I guess the main issue is, Can the police still obtain electric records from bchydro to aid in the approval of a warrant from a judge?

[apartmentblower]

Originally Posted by mikeross

Can the rcmp still get the power usage from BChydro, scoop out the house for more evidence to build a case then just get a warrant. This time they dont need consent and can just come right in.

I guess the main issue is, Can the police still obtain electric records from bchydro to aid in the approval of a warrant from a judge?

absolutely. they did before and during the bylaw and they will continue to after. bc hydro snitches willingly. they have in the past and will continue to willingly share power usage with cops. the law dealing with BC Hydro sharing info is seperate from the EFSI bylaw and has been in existence for some time. cops will obtain your records and lie on the warrant cause they know you have a grow after doing a bit of surveillance. if they can be bothered. depends on where you live.

[mikeross]

So how far does BChydros power supply go? How far outside of the lower mainland do you have to go before you are off bchydro and on another provider who doesnt snitch to the cops... is there even one available in bc or are all the big boys really stealing power... is this the only way around this issue in BC now a days.

I ask because I have been living in the states for 8 years and was not growing when i was living in BC.

Does anyone know how its like in Kelowna? If you pay to power a 10k show will anyone be knocking on my door?

[apartmentblower]

Originally Posted by mikeross

So how far does BChydros power supply go? How far outside of the lower mainland do you have to go before you are off bchydro and on another provider who doesnt snitch to the cops... is there even one available in bc or are all the big boys really stealing power... is this the only way around this issue in BC now a days.

I ask because I have been living in the states for 8 years and was not growing when i was living in BC.

Does anyone know how its like in Kelowna? If you pay to power a 10k show will anyone be knocking on my door?

bud bc hydro is the only electricity provider in BC

[Kootenay]

Originally Posted by apartmentblower

bud bc hydro is the only electricity provider in BC

Fortis also supplies and maintains power in certain regions of BC.

Peace
Koot.