Minten said gardening is one of her passions and she loves to experiment. Here, she is trying to grow chickpeas. (Liam Harrap/Revelstoke Review)

Minten said gardening is one of her passions and she loves to experiment. Here, she is trying to grow chickpeas. (Liam Harrap/Revelstoke Review)

Legal advisor says Revelstoke police raid over cannabis ‘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 in Revelstoke. The tour is a self-guided event that pairs gardens with local artists and raises money for the Revelstoke Local Food Initiative, a non-profit that aims to enhance local food production.

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

Michelle Jacobs receives her first dose of the COVID-19 vaccine at the Coast Capri Hotel on April 28, 2021. The pop-up clinic was hosted by the First Nations Health Authority. (Aaron Hemens/Capital News)
126 new cases of COVID-19 in Interior Health over the weekend

There are 22 individuals hospitalized due to the virus, and 13 in intensive care

Vernon local Ryan Lazar – who specializes in 2D background design and 3D animation – is ready to start his career after a tough yet rewarding two years of studies. (Contributed)
Okanagan College students get animated at graduation

‘The pandemic has resulted in more video consumption and the animation industry is so hot right now because of it’

There were questions raised as to whether or not this structure actually cost less than $100,000. Scott Robertson, owner of Absolute Contracting and partial owner for Arrowtec, said the building is meant to be
temporary as two or three years down the road, his company’s intent is develop houses on the property in line with the land use designated to the property in the Official Community Plan, which is T4–walk up residential. (Jocelyn Doll - Revelstoke Review)
‘This is failure’: Construction noise frustrates neighbours on Victoria Rd. E

The city and business are trying to reduce noise, but residents want the project gone

Eric Schwenck was awarded the Train-to-Train Coach Goldie award by BC Alpine this year. He coached the Revelstoke Ski Club U14s last winter. (Katie Findlay photo)
Revelstoke Ski Club coach and volunteer recognized in the Goldie Awards

BC Alpine recognizes ski clubs, skiers and volunteers with awards every year

Moving the old jail from Third Street West to Carlson Street in May 1971. (Estelle Dickey photo; Revelstoke Museum and Archives photo 9171)
Glimpses of Revelstoke’s past for May 13

Local history as recorded by the newspaper of the day

An avalanche near Highway 1 in Glacier National Park. Avalanche Canada will benefit from a $10 million grant from the B.C. government. (Photo by Parks Canada)
Avalanche Canada receives $10-million grant from B.C. government

Long sought-after funds to bolster organization’s important work

Barriere RCMP nabbed two suspects who were allegedly breaking into cabins in McLure. (File photo)
Thieves nabbed by Barriere Mounties during McLure break-ins

Police Service Dog Kody instrumental in making the arrest

(File photo)
Repeated cougar sighting on Okanagan Rail Trail

Plenty of bear sightings around the valley too

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

B.C. Health Minister Adrian Dix and provincial health officer Dr. Bonnie Henry update the province’s COVID-19 vaccine program, May 10, 2021. (B.C. government)
B.C.’s COVID-19 infection rate stays below 500 a day over weekend

14 more deaths, down to 350 in hospital as of Monday

Royal Bay Secondary School’s rainbow crosswalk was vandalized shortly after being painted but by Monday, coincidentally the International Day Against Homophobia, Transphobia and Biphobia, the crosswalk had been cleaned up and students had surrounded it with chalk messages of support and celebration. (Zoe Ducklow/News Staff)
B.C. high’s school’s pride crosswalk restored following ‘hateful’ graffiti attack

Hate terms, racial slur, phallic images spray-painted at Greater Victoria high school

RCMP vest
Penticton beach brawl results in one arrest but no charges

People took to social media after a fight broke out at the fire pits at Okanagan Lake Saturday

Terrance Mack would have celebrated his 34th birthday on May 13, 2021. Mack’s family has identified him as the victim of a homicide in an apartment on Third Avenue in Port Alberni sometime in April. (SUBMITTED PHOTO)
Family identifies Ucluelet man as victim of Vancouver Island homicide

Terrance Mack being remembered as ‘kind, gentle’ man

A single motorcycle parked outside of the Kelowna Hells Angels clubhouse at 837 Ellis Street on July 9, 2020. (Michael Rodriguez - Capital News)
Kelowna Hells Angels prospect sentenced to 9 months in jail for aggravated assault

Colin Michael Bayley pleaded guilty to the downtown Kelowna assault earlier this month

Most Read