Pubdate: Thu, 06 Apr 2006 Source: Whitehorse Star (CN YK) Copyright: 2006 Whitehorse Star Contact: http://www.whitehorsestar.com/ Details: http://www.mapinc.org/media/1493 Author: Julia Skikavich SAFER COMMUNITIES LAW FORMALLY TABLED Legislation was tabled in the legislative assembly Wednesday to provide communities with new tools to combat substance abuse in their neighbourhoods. The Safer Communities and Neighbourhoods Act targets properties being used for producing, growing, selling or using illegal drugs, prostitution, solvent abuse and the unlawful sale or consumption of alcohol. "The government heard from Yukoners that they were concerned about residences where illegal and dangerous activities are taking place," Justice Minister John Edzerza told a news conference yesterday. "We heard very real concerns from Yukoners expressing a desire to feel safe." The legislation will provide a flexible and responsive approach to dealing with substance abuse in the territory, he said. The legislation mirrors, almost verbatim, similar law in Saskatchewan and Manitoba. It enables residents to use a confidential complaint line to report their concerns to an investigative team that exists within the Department of Justice and operates separately from the RCMP. It also focuses on using civil law, rather than criminal law to end the targeted activities. The use of civil law allows the investigative team to collect information that indicates a balance of probabilities that unlawful activities which adversely affect the safety and security of a neighbourhood are occurring on a regular basis. In criminal law, the police would have to go to court against a specific person charged with a specific offence and prove the activities are occurring beyond a reasonable doubt. The safer communities legislation deals instead with the property owner or landlord of a rental unit. Dennis Cooley, the deputy minister of Justice, said based on the experiences in the other provinces, the results are often an informal resolution being reached with the landlord agreeing to terminate the tenancy. Liberal Leader Arthur Mitchell said mirroring legislation from another jurisdiction is not a bad approach, because it means the hard work and working out the legal loop holes have already been done. NDP Leader Todd Hardy, who brought the push forward during last fall's sitting for the legislation, agreed. "We didn't need to reinvent the wheel," said Hardy. "They've (the Yukon Party) recognized this is good legislation." The Yukon Party had initially stressed the need to develop a "made in Yukon" approach to the legislation when the NDP had previously tabled the other provinces' laws as an example. "We knew full well they'd almost end up modeling the whole thing from the two NDP provinces," said Hardy. The act falls under the Substance Abuse Action Plan, which the 2006/2007 budget has provided $2 million toward implementing. Of the money, approximately $340,000 will be put toward creating the investigative team and implementing the legislative measures by the fall. The department currently expects to use an investigative team composed of 1.5 to two people. It will borrow equipment that can be used for surveillance from other departments, including Energy, Mines and Resources and Environment, said Cooley. The annual operating cost of the unit hasn't yet been determined, said Cooley, adding the entire process is a learning experience. "We don't really know how many complaints we'll receive in the first year," he said. In Manitoba, since the law came into effect in 2002, there have been approximately 929 complaints filed; approximately 143 have resulted in evictions. The annual operating budget of the investigation unit in Manitoba is approximately $356,200 and consists of three investigators, a manager and registrar. Hardy said he is not entirely comfortable with the amount the department is estimating is needed to start up the investigative team. "The uptake on it Outside was quite rapid," he said. Mitchell agreed he isn't sure if the initial funding would be enough, saying the Ombudsman's office has several investigators, but in theory this complaint line will be dealing with even more concerns. He added he hoped if additional funding is needed, it would be allocated for in the year's supplementary budget, which is tabled during the fall sitting. "Our (population) numbers here are small, but our problem is huge," said Hardy. The legislation in the other two provinces has predominantly focused on the regions' urban centres, but has conducted successful investigations in smaller, rural situations. "I don't really believe that drug dealers are any different in Manitoba than they are in the Yukon," said Edzerza. "Their one goal is to sell drugs. This legislation is geared towards making it very uncomfortable for those who want to deal drugs." The legislation will provide a tool to communities that are adamant they want to deal with drug problems, he added. "I believe that it's functional," he said. "The early indications are that there is definitely an appetite on the part of all the stakeholders involved," said RCMP Sgt. Pat Egan, a Criminal Operations NCO. The RCMP were involved in consultations on legislation and Egan said it will provide a tool to help reach the goal of safe and orderly communities. "We look forward to seeing how this all plays out," he said. "We're encouraged by what we heard at the discussion table and we look forward to working in partnership with Yukon Justice." Collaboration among the Department of Justice, the RCMP and community residents is needed to truly stem the proliferation of the drug trade, he said. The first step, however, said Hardy, is to get the legislation through the assembly. "Get the damn thing in place as fast as possible so the neighbours can start dealing with these issues," he said. - --- MAP posted-by: Jay Bergstrom