In mid
October, police raided a residence near Brimley and Finch and found a drug lab
with an inventory of about two million units of ecstasy. This was the same property, belonging to the
same owner, in which was found a commercial marijuana grow operation last
year. Media reports describe garbage on
site that had still not been cleaned up from last year’s raid.
You’d like
to think that crime shouldn’t happen twice in the same spot. You’d like to
think that a property owner would be sensitive to the cumulative deterrents of
police raids, negative attention, and lost income after the first charges.
You’d also like to think that society could design deterrents to minimize this
type of antisocial activity.
This story
isn’t about restricting the supply of cannabis that is used and abused by about
15% of Torontonians. Rather it’s about
solutions to a crime that has over quadrupled from 80 instances in 2002, that
nearly burned down a row of houses downtown earlier this year, that is usually
related to organized crime, has been linked to murder, and creates collateral
damage among unsuspecting neighbours and residents. The direct health risks of living in the same building are so
severe that children found in these residences are routinely put under the
protection of the Children’s Aid Society.
Discovering
that ecstasy lab showed that our deterrents are not working.
To be fair,
over the past few years Council has made positive moves. Goaded by Cr Del
Grande, last month Council approved a bylaw under which the City would invoice
property owners for the costs of remediating properties used as marijuana grow
operations. It’s a good first step.
But as the
case this week shows, there’s more that needs to be done. Fortunately the City
has the ability to do so.
To start,
both the City’s bylaw and the Province’s enabling legislation have defined the
problem solely in terms of marijuana grow ops. To keep current, laws need to be
updated to include clandestine drug labs.
One idea
supported by the Province’s Information and Privacy Commissioner, but
discontinued in Toronto, is to publish a list properties used as grow ops or
clandestine labs on the police’s website.
Not only do
grow operations and drug labs risk health and property, but each uses large
amounts of resources that can be best used elsewhere. According to some studies in the United States, the costs of
investigating, raiding, prosecuting and finally remediating, and counselling
for these operations typically runs over $100 000.
City staff
can order the remediation of the property, set reasonable deadlines for
completion and charge full costs if the work is not done to satisfaction. Not only does the City now have the
obligation to deal with grow operations, but it can collect unpaid fees and
remediation costs as taxes.
As taxes,
the City’s claims come before owners as well as financial institutions. Seeing a few remediated buildings sold to
recoup taxes will get the attention of absentee landlords and lenders.
Just as we
have placed a responsibility for hotel guests’ security with hotel owners, and
bar patrons’ sobriety with publicans, the City can put a responsibility on
property owners who allow their properties to become a risk to society through
its ability to assess its costs and fees as taxes.
The ability
to deal with this problem is available, and the need is apparent. What’s left is the will.