SAFER OR SCARIER?

Community Leaders Clash Over SCAN Legislation

There's new legislation in place designed to combat crime in
communities.

The Safer Communities and Neighbourhoods (SCAN) Act passed in the
House of Assembly before the end of the spring session and according
to Jim Baker, MHA for Labrador West, it's a very proactive piece of
legislation.

"The objective is to establish some kind of a mechanism to respond to
complaints concerning illegal activities and how they adversely effect
or harm our neighbourhoods," he said of the SCAN Act. "It's not based
on criminal law, it's based on civil law."

According to a government press release, the legislation is designed
to improve community safety by targeting and, if necessary, shutting
down residential and commercial buildings and land which are used for
illegal activities such as producing, selling or using illegal drugs,
as well as prostitution, solvent abuse or the unlawful sale and
consumption of alcohol.

Mr. Baker said he doesn't know how often the act would have to be
enforced in Labrador West, but he feels it's important for the
community to be ready.

"If there's illegal activity going on in an area like a grow-op or a
meth lab, based on a complaint or if neighbours notice something is
going on they can make a confidential complaint," he pointed out.
"Then there will be investigators put in place to investigate the
complaint and the first response will be to resolve it through talking
to the people involved and telling them quit the operation and get
out."

If a person refuses, the MHA noted, the act allows investigators to
shut down the operation and evict the offender from their home up to a
period of 90 days.

The legislation is similar to an act in Manitoba and it's targeted at
stopping an activity rather than an individual. Criminal charges
aren't covered in the legislation, Mr. Baker said, but if there is
illegal activity the RNC and RCMP will get involved.

"This particular piece of legislation is only meant to rid the
neighbourhood of undesirables," he stated. "It's quite possible (that
they'll move to another neighbourhood) and if they do we'll go into
that next neighbourhood. It's meant to deal with one house and one
establishment at a time."

Mr. Baker said the act is meant to speed up the court process, so it
doesn't take a year to clean up illegal activities in
communities.

With the increase of crystal meth labs in the country and province,
the MHA said it's important to have legislation like SCAN and he added
government will protect people who are vulnerable.

"I know there are some concerns that there may be some fallout because
if (illegal activity) is going on in a family atmosphere then women
and kids will be out on the street as well," he explained. "There will
be safeguards in the legislation where this won't happen and if a
building gets shut down government will certainly ensure there is
alternate accommodations. Nobody will be out on the street."

Mr. Baker isn't concerned innocent people will be evicted.

"It's got to be determined that there's habitual illegal activity
going on," he said. "No one is going to get kicked out of their house
on hearsay. There's got to be some kind of proof established that
there is illegal activity going on."

Concerns of displacement

Noreen Careen, executive director of the local Women's Centre, has a
number of concerns with the new SCAN Act.

While, she said, she has no problem combating crime and making the
province's communities safer, she doesn't necessarily believes the
legislation is the way to do it.

"It's displacing more people," she stated. "In an amendment that was
made it was said the person suspected of illegal activity would appear
before the court and would not be displaced, but what are they going
to do with these people? Where are they going to go?"

Ms. Careen added when a person is removed from their home it doesn't
necessarily mean they're going to be charged with a crime, so she
doesn't believe the act deals with the root of the problem.

"It means they're going to move them out of that house," she said.
"What are they going to do? Set up somewhere else down the street?
What are we doing to treat the root cause? Nothing."

Women and children: victims

Ms. Careen feels women and children will be the victims of the
legislation and is upset the provincial Women's Centres weren't
contacted for consultation on the act.

"We are working with the women on the ground," she stated. "We're
working with the women who are the victims in these types of
activities, so we can see women and children are going to be
vulnerable. If there's illegal activity what's going to happen to the
children? Are they going to be taken into protective custody?"

Ms. Careen said she found out about the proposed legislation for the
first time December 2006 and was under the impression it would take
some time before there were consultations.

Rushed through

When she came back to town a few weeks ago, she was amazed to learn
the act had already gone through the first reading in the House of
Assembly.

"If it was as important as they say it is, why was it rushed through
(the House) so fast?" she wondered. "Are there other ways this could
be done? We do have police forces. Maybe if more resources were
invested into those, we wouldn't need this kind of
legislation."

Ms. Careen said there are still a lot of unanswered questions around
the SCAN Act and she believes ultimately the legislation is going to
add to the already overburdened area of homelessness.

While she's happy the act is working in other provinces, she was quick
to point out what might work in St. John's, NL may not work in Labrador.

"This is not treating the root cause," she noted. "I'm not sure which
way was the way to go, but I'm sure this wasn't it. Government needed
to do more consultation. They needed to hear from the people in the
community. It's scary to me the power that this legislation is giving
somebody."

SIDEBAR

Safer Communities and Neighbourhoods Act

- -The Department of Justice will be responsible for investigating
complaints made under the Safer Communities and Neighbourhoods Act.

- -Under the legislation, individuals will be able to file complaints if
they feel their community or neighbourhood is being adversely affected
by activities on or near a property in the area.

- -Upon receipt of a complaint, the investigation unit will review and
investigate to determine whether there are persistent activities
taking place that are making the community or neighbourhood unsafe. If
it is determined there is enough evidence to support the complaint, a
decision will be made to apply for court orders or take other action
such as issue warning letters, or informally resolve the matter.

- -Upon application, the Supreme Court, Trial Division, may issue a
"community safety order" or an "emergency closure order". The content
of such orders may include closing a property for up to 90 days;
requiring a tenancy agreement be terminated; or prohibiting persons
from engaging in targeted activities. There will be provisions
allowing for additional closure orders if the problem persists or if a
closure is not originally ordered.

- -The requirement for obtaining an order is the property must be being
used habitually for one of the targeted activities, creating an
adverse effect on the community.

- -The target activities include; the use, sale, production and/or
consumption of drugs (to include crystal methamphetamine labs and
marijuana grow operations); prostitution or related activities; sale
of liquor without a license; and the use, sale or consumption of
intoxicating substances contrary to the Liquor Control Act.

- -Alternatives to court are contemplated and warning letters may be
issued to an owner without judicial approval, or dispute resolution
mechanisms can be pursued outside of court.

- -The complaints are confidential and the identity of those who file a
complaint will not be revealed at any time. No complainant, without
their consent, will be identified to another person, court, government
institution, local authority or law enforcement agency.