Carpe Diem! A Principle for Bylaw Enforcement
A client was recently obstructed from gaining entry into an alleged unlawful bed and breakfast residence. The refusal had gone on for some time and finally a demand letter was personally served to provide 24 hours notice of an inspection to be made pursuant to Section 16 of the Community Charter. On the day of the inspection, the client’s officers were again refused entry. Ironically, instead of simply agreeing to a reasonable inspection by Bylaw Enforcement Officers, who would be cautious about over intrusion, the owner of the property subjected herself to the typical police-style powers of an investigatory enforcement under a Search Warrant.
An Information to Obtain a Search Warrant was prepared to allow entry to the premises by way of a Court Order. The Information was based on reasonable grounds and sought through the statutory powers of Section 16 (inspection provisions) and Section 275 (Search Warrant provisions) of the Community Charter. The Information cited such reasonable grounds as alleging an unlawful bed and breakfast as evidenced by advertising on Internet sites, photographs and documentary evidence.
The granting of the Search Warrant by the Judge stunned the Defendants.
Municipal personnel involved in the Warrant search included:
- Two Police Officers;
- Two Senior Bylaw Enforcement Officers;
- A Building inspector;
- A Plumbing Inspector;
- An Electrical inspector;
- A Fire inspector; and
- A Business License inspector.
And yes, good evidence of an illegal bed and breakfast operation was obtained.
If you decide to follow this process, I recommend taking the following steps:
- Personally serve a demand letter providing 24 hours reasonable notice pursuant to Section 16 of the Community Charter.
- Show up 24 hours later and obtain the refusal.
- Prepare an Information to Obtain a Search Warrant and a Warrant to Search Order and file it in Provincial Court pursuant to Sections 16 and 275 of the Community Charter.
- Conduct your Search Warrant at a time and date where you can have coordinated enforcement from police and various bylaw inspectors and enforcement officers.
The Search Warrant is an effective tool to obtain evidence of bylaw contraventions. Bylaw contraventions are a quasi-criminal offence. Evidence outlining such contraventions can be searched and seized.
Seize the day!
Troy DeSouza
This article was published in Fall 2007 and may be superseded by changes in the law at a later date. It is for general information only. Specific legal advice should be obtained from a qualified lawyer.
