Fire Chief Turns Pot Hound
Sunday, November 23, 2008 03:51 AM
by Wallace Craig, Provincial Court Judge ( retired)
BC Bud growers may be operating in your neighbourhood, right under your nose.
For too long rogue citizens have been surreptitiously slithering in and out of their clandestine operations, rarely detected by police. Then one man did some unconventional thinking and solved the problem of detection and inspection of suspect premises. Meet pathfinder Len Garis, Fire Chief for the City of Surrey.
In 2000, Surrey was experiencing a dramatic increase in fires related to grow-ops caused by hazardous illicit use of electricity. Convinced that grow-ops pose an unacceptable risk of injury to firefighters, and threaten the safety of neighbouring premises, Garis also perceived that the criminal justice system could not cope with the safety issues. Using common sense and an innate fireman’s approach to public safety, Garis believed that municipalities could use existing inspection and disconnection procedures in the provincial Safety Standards Act.
With backing from the Fire Chiefs Association of British Columbia, Garis enlisted the support of various experts to determine if this administrative or non-criminal law approach to deal with grow-ops would be a viable alternative to the elephantine criminal justice system.
During 2004, the Fire Chiefs Association submitted a report to the provincial government titled, On an Urgent Matter of Public Safety. It stated, in part, that existing approaches to grow operations were not “effective or acceptable in terms of reducing fire related occurrences nor is it respectful of the risk to the health and safety of the public and firefighters due to electrocution.”
In 2005, the provincial solicitor general issued a press release announcing that a case study would be conducted in Surrey; a pilot project under the Safety Standards Act intended to reduce the incidence of house fires and other public safety hazards caused by grow-ops.
Between March 15 and June 3, 2005, a Surrey inspection team examined 126 residences, found cause to terminate power at 78 of them, and issued repair notices at 11 others.
The pilot project established that the risk of fire in a grow-op residence was 24 times greater than in a normal residence; that the source of fires was overloading of electrical circuits, poor wiring, and electrical bypasses.
In the fall of 2006, the provincial government amended the Safety Standard Act to authorize B.C. Hydro to report unusual consumption of electricity to local authorities. Thereafter, B.C. Hydro forwarded to Surrey the residential consumption records of approximately 6,000 homes. About 1,000 were singled out for inspection by a team composed of a safety officer, a fire official, a team coordinator, and two RCMP officers.
More recently the inspection team became embroiled in litigation over an attempt, in May, 2007, to inspect and disconnect electrical service at the Surrey home of Jason Arkinstall and Jennifer Green. Entry was denied and, on Surrey’s request, electric supply was disconnected.
The homeowners immediately instituted proceedings under the Judicial Review Procedure Act seeking a number of remedies, three of which are particularly pertinent to Surrey’s bold approach in dealing with grow-ops. They asked that certain sections of the Safety Standard Act, as amended, be declared constitutionally invalid; and for a ruling that the Surrey inspection team had no lawful or reasonable grounds to search their premises; and they particularly challenged police presence in the inspection process because the officers didn’t have a search warrant.
In an extensive judgment issued October 24, 2008, Mr. Justice William Smart ruled that the Safety Standard Act of British Columbia is constitutionally valid provincial legislation; that it’s dominant purpose was facilitating identification and inspection of grow operations in the interest of public safety. He also ruled that inspections authorized under the Safety Standard Act are driven by safety objectives, not criminal law objectives; that because there is a requirement for reasonable grounds and notice to the occupant, the Safety Standard Act strikes a rational balance between administrative efficiency and individual privacy that is reasonable under the Charter of Rights. The judge made it clear that a different standard applied to police officers taking part in any proposed inspection: That unless in hand of a warrant to search, police officers cannot enter premises before or with an inspection team even if their ostensible purpose is ensuring team safety.
About a month ago I had a chance meeting with Len Garis and we talked extensively about his campaign to rein in the menace of marijuana grow operations. Garis pointed out that he was fortunate to have a strong Mayor and Council, and the support of the Fire Chiefs association and members of his own fire department. Here’s a tip of the hat to Len Garis: a can-do British Columbian who is willing to go beyond the narrow focus of his work as fire chief to make his community safer.
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Posted by: downnotout on November 23 2008 12:04 PM
Judge Craig is, to this Canadian, an enemy of the people that poses a far greater risk to the freedoms of us all than any pot grower could ever be, for he brings the power and oppression of the state - the greatest enemy in human history - as opposed to what? Thank you, I'll take freedom any day over the very small risk that a house on my street may catch fire.
Wake up Canada before the fascists have come up with even more excuses to take away even more of your freedoms. Strangers wondering around my house without my consent or knowledge? If Canadians buy this crap and continue to allow it this Canadian is off to Australia.