Pubdate: Sat, 24 Dec 2011 Source: StarPhoenix, The (CN SN) Copyright: 2011 The StarPhoenix Contact: http://www.canada.com/saskatoonstarphoenix/letters.html Website: http://www.canada.com/saskatoonstarphoenix/ Details: http://www.mapinc.org/media/400 Page: A13 Author: Douglas Quan ANTI-DRUG-DEN LAW COULD FACE HURDLE IN COURT They were designed to empower citizens to take action against neighbourhood drug dens and bawdy houses. But laws passed in several provinces that allow officials to shutter homes and businesses suspected of regularly being used for illegal activity could come under fresh scrutiny. A Nova Scotia couple who were ordered out of their home after a judge found they were likely selling and using drugs on the property have appealed their eviction to that province's highest court, arguing the standard used to evict them was too low. It's the first time such a case has been considered at the appeal court level in Canada, and a decision could come at any time, said their lawyer Tony Mozvik. "Before you remove somebody, it seems to me you'd better really make sure they're doing something in violation of the act," Mozvik said. "Rumour and innuendo is not enough. In this case that's all they really had." Under the so-called Safer Communities and Neighbourhoods laws "which exist in Alberta, Saskatchewan, Manitoba, Nova Scotia and New Brunswick" residents can file anonymous complaints with their province about problem properties. If, after conducting surveillance on the property, provincial investigators "typically retired police officers" believe the complaints are valid, they can take a number of measures, including sending warning letters to the owners or working with landlords to evict tenants. In more serious or difficult cases, investigators can turn to a judge to order the property shut down for up to 90 days. No criminal conviction is necessary. Supporters of the legislation say such civil remedies are often more effective in dealing with problem properties than launching criminal investigations. If police arrest a drug dealer, the drug dealing can persist at the property. Shutting down the property ensures the criminal activity stops. "We're able to deal with the property itself, so the activity can't continue in that location," said Candace Cook, a spokesperson for the Alberta Law Enforcement Response Team, which has completed more than 1,000 investigations since 2008, with most being resolved informally and 15 requiring a judge's intervention. Furthermore, civil matters are decided on a balance of probabilities, which is lower than the reasonable-doubt threshold required in criminal cases, meaning investigations don't need to take as long. - --- MAP posted-by: Keith Brilhart