Without a doubt, marijuana grow ops and crystal meth labs are criminal operations that not only produce illegal drugs with a factory-like output, but also poison the buildings in which they are based through the use of dangerous chemicals. Those who live nearby can be endangered by fumes and toxins - and can be badly affected if fire breaks out.
A proposed bylaw that would hold property owners responsible for renters' drug operations - and bill them for the cost of investigations -passed its first three readings at a District of 撸奶社区council meeting on Tuesday (June 20).
There was considerable enthusiasm expressed for the plan on the night, and it is likely that similar enthusiasm has been heard in councils all around B.C., as it is a provincially endorsed bylaw that was drafted by the Union of British Columbia Municipalities.
This is how it would work in practice:
Property owners will be required by law to inspect a rental property for evidence of drug factories, also known as Controlled Substance Properties (CSP), at least once every three months. They will need to keep a written log of the inspections and provide a copy to an inspector on request. Finally, they are obliged to report any CSP to the district within 24 hours of finding it.
If RCMP or inspectors suspect and discover a CSP without the property owner's notification, the owner is billed with policing and district enforcement costs, which start at $500 for an inspection. The bills can run to thousands of dollars. If these "service fees" are not paid, they can be collected as property taxes.
But is it practical or even desirable to force landlords to be solely responsible for checking out the activities of their tenants? The council has just scratched the surface of the ramifications of this proposed bylaw.
Landlords, even those of the nosey, annoying variety, are not police officers. They are not trained to find the signs of CSPs, nor are they trained to deal with the growers themselves, people who frequently prove to be dangerous members of criminal gangs. It is possible that they could be placed in harm's way if accidentally found on the property by dope-creating tenants.
Many landlords, to the annoyance to certain 撸奶社区residents, are not based here. Out-of-towners will be forced to "subcontract" the checking-up of tenants to a property manager. Has the council considered the legal ramifications of this? If they are serious about the proposed bylaw they ought to.
And then there is what this all will mean to law-abiding tenants of other properties. Ever heard of civil liberties? The issue of notification is this - for a landlord to check whether a tenant has used the property as a CSP he or she must give 24-hours' notice of the visit.
It may not be enough time to move a million dollars' worth of marijuana, but it seems a bit dopey to give the criminals time to flee.
As well, it would be interesting to find out how law-abiding renters - an ever increasing demographic in 撸奶社区- would feel about this intrusion in their own lives.
And how will legal experts see it fitting into the Canadian Charter of Rights and Freedoms?
There are other ways to monitor CSPs. The police should get more money and manpower to make investigations. BC Hydro can be prevailed upon to report spikes in energy use - apparently they don't because of "privacy" issues. That's more than a little ironic.
And the public can also be educated and asked - not compelled by a bylaw - to report suspicious activities at rented properties.
