Legal advisor says Revelstoke police raid ‘problematic’

The new law is creating new problems

After seeing Anne Minten’s post on Facebook regarding the RCMP raiding her home, Tanner Hinman decided to reach out and provide legal advice.

“I was shocked,” he said.

READ MORE: UPDATE: ‘I feel violated’- Revelstoke woman after RCMP raid home

On July 28, Minten and her husband took part in the seventh annual Garden & Art Tour. Days later, the two came home to find a search warrant and three cannabis plants from the garden gone.

An off-duty RCMP officer had noticed the plants while on the tour and according to an RCMP news release participants on the tour “were exposed to blatant violations of Section (g) Cannabis Control and Licensing Art; non-medical Cannabis Plants growing in full view of the public.”

Hinman works for Chris Johnston and Associates in Revelstoke as an article student. He is currently waiting for results from the bar exam and if he passes, Hinman will become a lawyer.

Hinnman reached out to Minten to offer free advise, he said because many people do not know their rights when it comes to the police.

“What happened was almost abuse by the police.”

The yard on the quiet, dead end road, has rows and rows of plants and vegetables. In the back, beside the shed, grew the three cannabis plants. (Liam Harrap/Revelstoke Review)

Hinman continued that while Minten did violate the law, the legislation is brand new. And problematic.

“It’s unclear,” he stated.

READ MORE: Revelstoke’s first legal cannabis shop opens

According to the Cannabis Control and Licensing Act, adults are allowed to grow no more than four cannabis plants per dwelling house.

However, the law dictates that the plants cannot be visible from a place described as being “public”, which means “any place to which the public has access as of right or by invitation, express or implied, whether or not a fee is charged for entry” or “in any outdoor place open to public view”.

The cannabis plants were located beside the house next to a fence, roughly 50 metres from the street.

Hinman said in Minten’s case, the cannabis plants are normally kept in private. However, for an afternoon, they became part of a public tour.

He continued that as the law currently stands, a neighbour of someone who opens their yard to the public, such as on the Garden & Art Tour, could be charged if they also have cannabis plants if the plants are in view from their neighbour’s yard. Being on another adjacent property would not matter Hinman said.

“These discrepancies have to be determined by the courts.”

Eventually, a judge will have to make a decision and provide an interpretation of the law.

Hinman said the RCMP visited Minten on Aug. 7 and it would appear they will not lay charges.

Regardless, he said instances like this will happen again.

It’s only a matter of when.

“Someone else will have to deal with this”.

The RCMP said they will release another statement later today.


 

@pointypeak701
liam.harrap@revelstokereview.com

Like us on Facebook and follow us on Twitter.

Just Posted

RCMP catch ‘erratic’ driving thieves; upon release steal mountain bike

The incident involved a police chase, taser, and a destroyed vehicle

Warmer fall weather could extend wildfire season: AccuWeather

Above seasonal temperatures are expected throughout September, October and November

‘Unsubstantiated’ bomb threat against CP Rail in Revelstoke

On Aug. 18, a bomb threat was made against CP Rail in Revelstoke

Harvest Hootenanny promises to be a hoot

The event will be held on Sept. 7 at Take to Heart Mill on Westside Road in Revelstoke

VIDEO: Title of 25th Bond movie is ‘No Time to Die’

The film is set to be released in April 2020

New study suggests autism overdiagnosed: Canadian expert

Laurent Mottron: ‘Autistic people we test now are less and less different than typical people’

B.C. father tells judge he did not kill his young daughters

Andrew Berry pleaded not guilty to the December 2017 deaths

Trans Mountain gives contractors 30 days to get workers, supplies ready for pipeline

Crown corporation believes the expansion project could be in service by mid-2022

Heavy police responses in Kamloops connected to unfounded weapons calls

Mounties were seen in Westsyde and in North Kamloops on Tuesday night and Wednesday morning

Suspect drops white powder running from police near Kelowna playground

Kelowna RCMP responded to reports of two individuals swinging a chain in a park

Rosemount cooked diced chicken linked to listeria case in B.C.

The symptoms of listeria include vomiting, nausea, fever, muscle aches

B.C. seniors allowed more choice to stay in assisted living

Province doesn’t need to wait for a complaint to investigate care, Adrian Dix says

Power up: UBC Okanagan researchers designing battery that packs more punch

It’s a collaboration between the university and B.C.-based tech companies

Most Read