WHEREAS illegal marijuana grow operations are the fastest growing organized crime in British Columbia, consuming escalating amounts of local governments limited resources and putting protective services, such as police and fire, increasingly at risk from illegal marijuana grow operators protecting their crops; AND WHEREAS the leniency of sentencing provisions in the courts is not acting as a deterrent for illegal grow operations; AND WHEREAS law enforcement agencies that participate in investigations in British Columbia are largely funded by local government through either a contract with the Province for RCMP services or through a municipal contract for policing services, and the current legislation excludes local governments from sharing in the proceeds of disposition of forfeited property; AND WHEREAS an increasing number of illegal marijuana grow operations are found in residential areas where residents, especially children, are at risk and vulnerable: THEREFORE BE IT RESOLVED that the Union of BC Municipalities petition the Attorney General of the Province of British Columbia to pursue legislative changes to seek harsher penalties for persons involved in the growing and distribution of illicit drugs, including a specific policing initiative to actively eliminate the production of illicit drugs; AND BE IT FURTHER RESOLVED that the Union of BC Municipalities petition the federal government to amend the current legislation to include the direct transfer of the proceeds of disposition of forfeited property by the federal government directly to the local government where the original investigation was conducted; AND BE IT FURTHER RESOLVED that the Union of BC Municipalities petition the Minister of Community, Aboriginal and Womens Services to pursue changes to the Community Charter to empower local governments to exact penalties on land owners that permit marijuana and other illicit drug producers to operate on their properties.
MINISTRY OF PUBLIC SAFETY AND SOLICITOR GENERAL The federal government has sole jurisdiction over drug offences and associated penalties. British Columbia, however, continues to press the federal government for changes to federal drugs laws Controlled Drugs and Substances Act to better counter illegal drug production and trafficking. Attacking the financial base of organized crime and enhanced sentencing are key elements of BCs position. British Columbia also endorses the National Action Plan on Organized Crime, which includes measures that can be taken at every level of government to reduce the revenue obtained by organized crime from illicit drugs. British Columbia will also introduce civil forfeiture legislation at the provincial level to ensure that people do not profit from illegal activity, such as illegal drug production and trafficking. The Forfeited Crime Proceeds Fund governs the disbursement of proceeds of crime forfeited as a result of illegal drug activities in British Columbia. The province manages the Forfeited Crime Proceeds Fund in accordance with the Special Accounts Appropriation and Control Act. Criteria stipulating how funds in the Forfeited Crime Proceeds Fund can be disbursed are outlined in a protocol agreement between the Solicitor General, the Attorney General and the Minister of Finance. One of the criteria stipulates that the monies must not be directly returned to agencies responsible for specific investigations or prosecutions. This criterion is intended to avoid a conflict of interest situation with police concentrating resources and efforts on cases that may cause proceeds of crime as revenue to be viewed as revenue. Proceeds of crime funds are limited at this time. However, the Government of British Columbia encourages all police agencies in BC to apply for disbursements from the Forfeited Crime Proceeds Fund. The Solicitor General supports the use of municipal bylaws and other legislation within provincial jurisdiction to counter illegal activity in communities and ensure safer streets.
MINISTRY OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS The Minister of Public Works and Government Services and the Attorney General of Canada share joint responsibility concerning the sharing of revenues from forfeitures to the federal government. The proliferation of marijuana grow operations MGOs across Canada represents a serious threat to public safety with significant societal and economic impacts. For these reasons, MGOs have been identified as a top priority under the National Agenda to Combat Organized Crime. In October 2003, Federal-Provincial-Territorial Ministers Responsible for Justice endorsed a national strategy to combat MGOs that was put forward in a a report by the National Coordinating Committee on Organized Crime NCC. In its report, the NCC recognized the significant costs borne by municipalities in investigating and dismantling MGOs, and recommended that provinces and municipalities explore the development of appropriate mechanisms to recover these costs, including potential landlord requirements. I understand that, in recent months, a number of communities in British Columbia have enacted bylaws that include cost-recovery mechanisms. The NCC Working Group responsible for implementing the national MGO strategy has engaged the Federation of Canadian Municipalities on this issue, and is currently compiling an inventory of existing bylaws with the view to identifying best practices and sharing these with communities across Canada. I note that you sent a copy of resolutions A1 and B7, among others, to my colleague, the Honourable Irwin Cotler, Minister of Justice and Attorney General of Canada. I have taken the liberty of forwarding a copy of these resolutions to my colleague, the Honourable Scott Brison, Minister of Public Works and Government Services, for his information and consideration.