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CD #17: Home Inspections or Warrant-less Inspections?

By Hempology | April 24, 2008

Home Inspections or Warrant-less Inspections?
by Jason Wilcox

Health Canada has begun inspections of licensed grow-ops in private residences and other legal grow operations. HC cites that safety and security of the legal grow rooms are in question because of the equipment we use? Legal cultivators are fire starters and mould collectors in the eyes of public safety personal.
As a legal cultivator, father and Canadian civilian I must ask why are exotic plant and herb gardens not being held to the same standards cannabis cultivators are? Moreover, I would say this border’s on breach of personal privacy as well as discrimination against cannabis cultivators. 

One only need looks far as the section of the regulations dealing with this aspect of the regulations. Section 57. of the MMAR reads as follows.
57. (1) To verify that the production of marihuana is in conformity with these Regulations and a licence to produce, an inspector may, at any reasonable time, enter any place where the inspector believes on reasonable grounds that marihuana is being produced or kept by the holder of the licence to produce, and may, for that purpose,
(a) open and examine any container found there that could contain marihuana;
(b) examine anything found there that is used or is capable of being used to produce or keep marihuana;
(c) examine any records, electronic data or other documents found there dealing with marihuana, other than records dealing with the medical condition of a person, and make copies or take extracts;
(d) use, or cause to be used, any computer system found there to examine electronic data referred to in paragraph (c);
(e) reproduce, or cause to be reproduced, any document from electronic data referred to in paragraph (c) in the form of a printout or other output;
(f) take any document or output referred to in paragraph (c) or (e) for examination or copying;
(g) examine any substance found there and, for the purpose of analysis, take samples, as reasonably required; and
(h) seize and retain any substance found there, if the inspector believes, on reasonable grounds, that it is necessary.
(2) Despite subsection (1), an inspector may not enter a dwelling-place without the consent of an occupant.

What happens when Health Canada works with city officials to inspect a legal grow? Reports given across the country by legal cultivators suggest it is all out exposure of the cultivator! This happens simply when inspectors show up with city officials, fire officials, electricians, and the police in marked cars and uniforms. It feels like an invasion because no criminal concern is raised, no warrant necessary, yet a search of a medical cultivator and their personal residence is conducted by a team of law enforcement officials.

This again raises large questions as to the intent behind these inspections or invasions of privacy? By exposing legal grows and cultivators that are not regulated to be reported on for confidential reasons further shows the disregard by Health Canada for the confidentiality and personal privacy of the MMAD clients.  Con’t page 6
The act of exposure via inspection basically braches the privacy and confidence of clients with the actions of the inspections required by s.57 of the MMAR.  I was under the impression I was protected by the Charter of Rights and Freedoms to protect legal cultivators keep their privacy and security.  Where do we draw the line on public security while keeping within the confines of personal privacy and security?

Where is the protection we have under the MMAR? I understand I cannot be charged for cultivation. That said, I could be removed from my place of residence or at least battle to keep it. Additionally I could lose my child as no such arrangements with the federal government have been made to protect parental cultivators. Instead we are bound by a set of regulations that bind members of HCs Medical Marijuana Access Division (MMAD) to abide by all local, provincial and federal laws as set out in the MMAR. Why is the burden of keeping up with all laws placed upon the sick and disabled civilians of Canada when the MMAD is in place to provide a service of confidentiality and security?

These very regulations have been ruled unconstitutional twice before and currently are being challenged constitutionally in two different provinces simultaneously. One trial in Ontario has already struck drown the 1:1 ratio.  By definition this is a section of the MMAR that allowed for one person to cultivate for one patient. This case is currently under appeal by the government. Where does the madness stop?!

Topics: Articles, CD-17th, Spring 2008 | Comments Off

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