Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).

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Young v. Saanich Police Department, et al Page 28 [57] On May 31, 2002, Mr. Young phoned 9-1-1 to report that a tenant had entered his patio. Constables Richmond and Luhowy attended. Upon learning of Mr. Young's medical marihuana exemption, Constable Richmond asked to see the exemption documents. Mr. Young initially refused, telling the officers that they could contact Health Canada if they wished to confirm his exemption. Mr. Young did, ultimately, produce the first page of his exemption but refused to produce the 2003 BCSC 926 (CanLII) remainder of the document containing the conditions of the exemption. Both constables deposed that, when asked to produce the remainder of the exemption document, Mr. and Mrs. Young became very agitated and yelled at the officers to leave the suite, which they did. The petitioners maintain that they asked the officers to leave because the officers were becoming confrontational. [58] On July 12, 2002, the SPD received a complaint from a Beechwood Park tenant regarding the smell of marihuana smoke. Constables Dyck and Taylor attended at approximately 10:00 p.m. and spoke with the petitioners. Mr. Young maintained that he and his wife had returned home only minutes before the police arrived and could not have been responsible for any marihuana smell. Mr. Young produced the first page of his medical marihuana exemption and the officers did not
Young v. Saanich Police Department, et al Page 29 investigate further. In his affidavit, Constable Dyck deposed that both Mr. and Mrs. Young were hostile during their conversation and that he had to ask Mrs. Young to stop yelling at him so that he could read the exemption document. The Petitioners' Complaints about the Police [59] As a result of these police visits, the petitioners sent three separate letters to the SPD articulating complaints 2003 BCSC 926 (CanLII) against the police department, the attending officers, their neighbours, the CRHC, the Human Rights Commission, the Residential Tenancy Branch and Health Canada. [60] On July 16, 2002, Sergeant Green of the SPD replied by letter to the petitioners' correspondence. He assured the petitioners that the police had no hidden agenda and were not conspiring to have the petitioners evicted. He suggested that a mediation take place between the police, the CRHC, the petitioners and their neighbours in order to resolve the difficulties at Beechwood Park. Constable Green indicated that as long as his department continued to receive complaints of marihuana use in the building, they would be forced to respond. The petitioners did not reply to the mediation proposal.
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Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).

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