Pubdate: Fri, 22 Oct 2004 Source: Toronto Star (CN ON) Copyright: 2004 The Toronto Star Contact: http://www.thestar.com/ Details: http://www.mapinc.org/media/456 Author: Gregory Harnish LET POLICE BUILD CASE AGAINST CRIMES Pulling the plug on grow-ops As a member of the legal profession, I find it disturbing the Ontario government is attempting to turn building code inspectors and utility corporations into investigative appendages of the police. Under the proposed wording of Bill 128, building code inspectors would be allowed to enter a building without a warrant, if notified by police that "the building contains a marijuana grow operation." There is nothing in this bill that requires the police to substantiate the statement in any way, let alone show reasonable grounds for the suspicion. This will effectively allow police, via the inspectors, entry into areas which would otherwise be denied them. Bill 128 will also allow utility companies to disconnect power to a property without notice, if they believe there is a threat to the safety of any person or the reliability of ... the distribution system." There is no effort made to circumscribe this power by defining these threats with any specificity. The power is not limited to criminal activity and leaves too much discretion in the hands of the utility corporation. After the disconnection, property owners must appeal the decision to the utility corporation, which will have the power to conduct an inspection. However, this inspection does not have to occur until five days after the disconnection. Law-abiding homeowners may have to spend the better part of a week without power. If police have information on illegal activities, let them build a case, obtain a warrant and make the arrests. The government should not be allowed to use safety and utility regimes to increase the reach of law enforcement at the expense of our freedom from unreasonable search and seizure. Gregory Harnish, Toronto - --- MAP posted-by: Josh