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

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

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

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<strong>Young</strong> v. <strong>Saanich</strong> <strong>Police</strong> <strong>Department</strong>, et al Page 31<br />

discrimination at the hands of bullies, the CRD and the SPD."<br />

This, they say, is because they represent a new vulnerable<br />

group, namely individuals who require the use of marihuana for<br />

health reasons. According to the petitioners, the respondents<br />

stereotyped them as illegal users of marihuana and set about<br />

to fabricate a case for eviction based on the alleged, but in<br />

fact non-existent, presence of smoke in the complex said to<br />

adversely affect neighbours. While the petitioners avoid<br />

<strong>2003</strong> <strong>BCSC</strong> <strong>926</strong> (<strong>CanLII</strong>)<br />

using the word "conspiracy", the arguments they present, if<br />

accepted, amount to nothing less. In my view, the petitioners<br />

have taken a string of relatively benign unconnected events<br />

and forced them into a conspiracy theory.<br />

[65] There are formidable obstacles along the paths the<br />

petitioners have chosen to follow in presenting their case.<br />

Some arise out of misconceptions as to the availability of<br />

Charter protection when the impugned conduct is by someone<br />

other than a state actor. Others arise out of either the lack<br />

of a proper evidentiary basis for the particular arguments<br />

raised or, as the matter was argued on affidavit evidence,<br />

material conflicts in the evidence.<br />

[66] The following are examples of the obstacles to which I<br />

refer. The petitioners claim Charter relief arising, in part,<br />

out of the conduct of individual neighbours, who are clearly

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