Pubdate: Mon, 1 Jun 2009
Source: Kamloops Daily News (CN BC)
Column: Council Comment
Copyright: 2009 Kamloops Daily News
Contact:  http://www.kamloopsnews.ca/
Details: http://www.mapinc.org/media/679
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

PROGRESS BEING MADE ON CRACK SHACKS

Kamloops - If we burn ourselves out with drugs or alcohol, we won't
have long to go in this business. - John Belushi

It turns out that Kamloops is the first jurisdiction in British
Columbia to successfully pursue civil forfeiture of a residential
property because it was used in an illegal activity.

The police, through exhaustive investigation, including undercover
work, were able to establish that the home's owner was intimately
involved in the trafficking of narcotics out of the residence he owned.

For the neighbours I am sure this was something of a relief. Nobody
deserves to live next to a drug house. This location was a problem for
years and I am sure that the end could not come soon enough for the
long-suffering residents of this street.

As council members we hear about the traffic, noise and crime
associated with drug houses. The process of dealing with these sorts
of premises is slow and the delays only add to the frustration of the
neighbours. It's nice for them to finally have something to look
forward to at this location.

 From the perspective of the owner's family, the picture is not quite
so rosy. The home at 861 Nicolani was originally purchased by the
owner's Italian immigrant parents. Like most immigrants of their era,
they probably came to our community with almost no financial
resources, no English language skills and a modest education. Through
sheer drive and hard work they were able to forge a new life in this
country. They worked long and hard to acquire their home and savings.
After mastering enough English to get by they proved themselves to be
valuable employees and solid members of the community. I have no doubt
that they took pride in their residence and I am willing to bet that
neighbours remember the original owners as people who kept a tidy home
with a good garden.

Like any parents, they took great joy in raising a family. They would
have celebrated all the family milestones like any other household.
Their son would have attended the elementary school nearby and been
given as much support as possible by his parents.

This is a story that has played out in Kamloops thousands of times.
Our community is full of children from immigrant families who have
enjoyed remarkable success. Every occupation and profession in
Kamloops is well populated with people who grew up in similar
circumstances. One can't help but wonder where things went wrong in
this case.

The owner of the home inherited it from his parents. This once tidy
property is no longer fit for habitation. The RCMP has published an
online video of the interior of the house in its current state. It's
going to take a lot of work to make this into a home again.

Forfeiture of a home is a rare thing because usually the owner or the
bank beats the government to the punch. Addicts will burn through
their personal finances and mortgage or sell anything they have in
support of their addiction. Their home has long been sold or
foreclosed before the drug abuser bottoms out.

The owner's parents chose Canada and came with nothing but will and a
strong work ethic. They were seeking a better life for themselves and
their family. Sadly, within one generation it has all collapsed into a
pit of narcotics. One can only imagine the grip these drugs must have
had. Clearly the owner of this property was prepared to give up
everything to satisfy his drug addiction and that is precisely what he
did.

 From a civic perspective, it is usually the threat of civil forfeiture
that gets the job done. Drug dealers rarely own a home and once a
landlord and their bank get served with notice of forfeiture, things
start to happen. It's not completely fair to expect a landlord to take
ownership of the conduct of their tenant, but at some point landlords
owe a duty to the broader community to ensure that their premises are
being used appropriately.

The threat of civil forfeiture has been employed successfully in a
number of locations around Kamloops. People who have suffered living
next to a "Crack Shack" have seen some of these premises transformed
back into attractive family homes. I hope that one day soon a family
will move into a restored and updated residence on Nicolani. I also
hope that they have better luck in this home than the last family.
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MAP posted-by: Richard Lake