SAFER COMMUNITIES LAW FORMALLY TABLED

Legislation was tabled in the legislative assembly Wednesday to
provide communities with new tools to combat substance abuse in
their neighbourhoods.

The Safer Communities and Neighbourhoods Act targets properties
being used for producing, growing, selling or using illegal drugs,
prostitution, solvent abuse and the unlawful sale or consumption of alcohol.

"The government heard from Yukoners that they were concerned about
residences where illegal and dangerous activities are taking place,"
Justice Minister John Edzerza told a news conference yesterday. "We
heard very real concerns from Yukoners expressing a desire to feel safe."

The legislation will provide a flexible and responsive approach to
dealing with substance abuse in the territory, he said.

The legislation mirrors, almost verbatim, similar law in
Saskatchewan and Manitoba.

It enables residents to use a confidential complaint line to report
their concerns to an investigative team that exists within the
Department of Justice and operates separately from the RCMP.

It also focuses on using civil law, rather than criminal law to end
the targeted activities.

The use of civil law allows the investigative team to collect
information that indicates a balance of probabilities that unlawful
activities which adversely affect the safety and security of a
neighbourhood are occurring on a regular basis.

In criminal law, the police would have to go to court against a
specific person charged with a specific offence and prove the
activities are occurring beyond a reasonable doubt.

The safer communities legislation deals instead with the property
owner or landlord of a rental unit.

Dennis Cooley, the deputy minister of Justice, said based on the
experiences in the other provinces, the results are often an
informal resolution being reached with the landlord agreeing to
terminate the tenancy.

Liberal Leader Arthur Mitchell said mirroring legislation from
another jurisdiction is not a bad approach, because it means the
hard work and working out the legal loop holes have already been done.

NDP Leader Todd Hardy, who brought the push forward during last
fall's sitting for the legislation, agreed.

"We didn't need to reinvent the wheel," said Hardy. "They've (the
Yukon Party) recognized this is good legislation."

The Yukon Party had initially stressed the need to develop a "made
in Yukon" approach to the legislation when the NDP had previously
tabled the other provinces' laws as an example.

"We knew full well they'd almost end up modeling the whole thing
from the two NDP provinces," said Hardy.

The act falls under the Substance Abuse Action Plan, which the
2006/2007 budget has provided $2 million toward implementing.

Of the money, approximately $340,000 will be put toward creating the
investigative team and implementing the legislative measures by the fall.

The department currently expects to use an investigative team
composed of 1.5 to two people. It will borrow equipment that can be
used for surveillance from other departments, including Energy,
Mines and Resources and Environment, said Cooley.

The annual operating cost of the unit hasn't yet been determined,
said Cooley, adding the entire process is a learning experience.

"We don't really know how many complaints we'll receive in the first
year," he said.

In Manitoba, since the law came into effect in 2002, there have been
approximately 929 complaints filed; approximately 143 have resulted
in evictions.

The annual operating budget of the investigation unit in Manitoba is
approximately $356,200 and consists of three investigators, a
manager and registrar.

Hardy said he is not entirely comfortable with the amount the
department is estimating is needed to start up the investigative team.

"The uptake on it Outside was quite rapid," he said.

Mitchell agreed he isn't sure if the initial funding would be
enough, saying the Ombudsman's office has several investigators, but
in theory this complaint line will be dealing with even more concerns.

He added he hoped if additional funding is needed, it would be
allocated for in the year's supplementary budget, which is tabled
during the fall sitting.

"Our (population) numbers here are small, but our problem is huge,"
said Hardy.

The legislation in the other two provinces has predominantly focused
on the regions' urban centres, but has conducted successful
investigations in smaller, rural situations.

"I don't really believe that drug dealers are any different in
Manitoba than they are in the Yukon," said Edzerza. "Their one goal
is to sell drugs. This legislation is geared towards making it very
uncomfortable for those who want to deal drugs."

The legislation will provide a tool to communities that are adamant
they want to deal with drug problems, he added.

"I believe that it's functional," he said.

"The early indications are that there is definitely an appetite on
the part of all the stakeholders involved," said RCMP Sgt. Pat Egan,
a Criminal Operations NCO.

The RCMP were involved in consultations on legislation and Egan said
it will provide a tool to help reach the goal of safe and orderly communities.

"We look forward to seeing how this all plays out," he said. "We're
encouraged by what we heard at the discussion table and we look
forward to working in partnership with Yukon Justice."

Collaboration among the Department of Justice, the RCMP and
community residents is needed to truly stem the proliferation of the
drug trade, he said.

The first step, however, said Hardy, is to get the legislation
through the assembly.

"Get the damn thing in place as fast as possible so the neighbours
can start dealing with these issues," he said.