ANOTHER WEAPON IN WAR ON METH

Residents Can Be Evicted Just For Having Materials

THE province is giving itself authority to evict homeowners or
tenants for having the ingredients and equipment to make crystal meth
or grow marijuana, even if they haven't done so yet.

Provincial investigators who are not police officers will rely on
complaints from neighbours and will collect evidence that they
believe shows a crime is likely to be committed. They will then apply
to a judge for authority to close the property and evict the people.

Attorney General Gord Mackintosh said the law is ground-breaking in Canada.

"We see this as a preventative way to counter the growth of meth
labs," Mackintosh said yesterday.

He said the amendments he is making to the Safer Communities and
Neighbourhoods Act would give provincial investigators authority to
close down a property where the precursors to meth are all assembled,
even if there is no proof meth has ever been made there.

The law would also apply to other drug productions such as marijuana grow-ops.

The key is convincing the court the precursors are there for the
purpose of manufacturing drugs, Mackintosh said.

In addition to the drug labs, illegal possession of firearms and
restricted weapons like brass knuckles and switchblades, child sexual
exploitation and stockpiled explosives, could be a ticket to eviction.

"Your home may be your castle but not if you're screwing up your
neighbourhood," said Mackintosh, adding just one bad apple can ruin
an entire block.

Mackintosh passed the original safer communities law in 2002, aiming
to clean up neighbourhoods rife with gang activity, prostitution, and
drug and gun crimes. It restricted itself to targeting properties --
whether rented or owner-occupied -- where alcohol was sold without a
license, where products such as Lysol and hairspray were sold for the
purpose of sniffing, where prostitution was occurring, or where
illegal drugs were being used or sold.

Winnipeg defence lawyer Jay Prober said he was concerned with the
original law, and is even more worried with the latest developments.

"My concern would be again there has to be reasonable and probable
grounds before the authorities move in and shut those properties
down," said Prober. "What could get caught up are perfectly innocent
situations where it looks like there is illicit activity going on but
there isn't sufficient evidence to justify knocking the down the doors."

The law is civil in nature and requires the co-operation of community
members to spot possible troublesome behaviour and make a complaint
about it with the province's Public Safety Investigations unit. It is
staffed with investigators who are trained to deal with crimes
involving criminal organizations, drugs and the trafficking of sniff.
They are not police officers, though some of them are former
officers, including the unit manager, Al Cameron, the former head of
the gang unit with the Winnipeg police.

Once a complaint is made, the unit's investigators initiate
surveillance of the property and document, often by video, the
activities occurring there. Cameron said in almost every case, the
evidence amassed was enough to convince the occupants to move on
without a fight. The unit can ask the courts for an order to evict if
that doesn't happen. So far that has only been required in one case.

Residents also have a route of appeal if they feel the eviction was unjust.

When Mackintosh first passed the Safer Communities Act in 2002 it was
the first of its kind in the country and the new amendments are again
breaking new ground, he said.

Saskatchewan has passed a law similar to the original version in
Manitoba, while Nova Scotia is currently debating one, and the Yukon
is planning to introduce one.

North Point Douglas resident Heather Geddie said the difference the
law has made to her neighbourhood is miraculous and she welcomes
being given further help.

"People don't hide in their homes anymore," she said. "They're out
there, walking around, talking to people. They have faith now that
things are changing."

Geddie has lived in Point Douglas for almost six years. She said when
she was first told about the law she was extremely skeptical it would
work, but she and her neighbours made a number of complaints to the
province and were happily surprised by the result.

"I know these people of this organization can clean up a place in
five days flat," she said. "I've seen them do it. It doesn't take
months, it doesn't take years, it takes days."

She said on her street alone at least three or four homes have been
rid of troublemakers because of the law, and she said she and her
neighbours are keeping a close eye on some new residents up the
street. "Our fingers are ready to dial boy if there is any trouble,"
she said The identity of complainants is kept strictly confidential.

Since 2002, 150 properties have been closed down under the law. With
many of the investigations held in conjunction with the police, it
has helped police make 90 arrests, and identify and shut down a
number of marijuana grow-ops, one of which was valued at $1.4 million.

Mackintosh said the legislation doesn't go after "the occasional
rowdy party" nor the owners of legitimate firearms. The 2006
provincial budget includes money to hire two more investigators and a
video surveillance expert for the Public Safety Investigations unit.
They will be trained and in place by next fall, Mackintosh said.

Sgt. Kevin Martell with the Winnipeg Police, said the province's
legislation helps police identify people breaking the law, and
protects communities a lot faster than criminal law can.

"It's more of an immediate solution for you if you're a community
member in that neighbourhood," he said.

If someone is arrested they are usually released on bail and can
return to their prior activities, and continue to make neighbours
feel unsafe, while the wheels of justice slowly grind forward.

"That activity will tend to continue until such a time as its
finalized in the courts," said Martell. "With the civil legislation
the activity is stopped in a shorter period of time." He said the
addition of child sexual exploitation to the list of offences under
the law can allow neighbours to help children without the children
having to come forward themselves.

{SIDEBAR}

Meth Law At A Glance

How does it work?

Provincial inspectors get a complaint from a citizen. They
investigate, and can use video surveillance.

What if evidence supports the complaint?

The province can issue a warning letter to the property owner,
resolve the problem out of court, or apply to a judge for an
emergency closure order

What if I'm evicted and I didn't do anything wrong?

There is an appeal process for tenants and owners who want to return
to their property.

- -- Manitoba Justice