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.
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