Pubdate: Fri, 13 Mar 2009
Source: Now, The (Surrey, CN BC)
Copyright: 2009 Canwest Publishing Inc.
Contact:  http://www.canada.com/surreynow
Details: http://www.mapinc.org/media/1462
Author: Ted Colley

RALSTON PROPOSES SAFE COMMUNITY LEGISLATION

Alberta has it and so do Saskatchewan, Manitoba, Nova Scotia, 
Newfoundland and the Yukon. Now, if NDP MLA Bruce Ralston has his 
way, B.C. will have it, too.

It is SCAN - the Safer Communities and Neighbourhoods Act - 
provincial legislation that allows civil action against owners of 
drug houses and other nuisance properties.

Ralston introduced a private member's bill in Victoria Thursday 
calling on the government to adopt similar legislation in this 
province. Ralston is advocating the creation of a provincial agency 
that would investigate confidential complaints about illegal or 
nuisance activities and that would have the power to force property 
owners to fix the problems.

"It would allow the province to use civil remedies to deal with 
properties like crack houses. I think the city (of Surrey) and the 
RCMP have done a good job here. This is just another tool we can 
use," Ralston said.

The Whalley Enhancement Association's Jerry Morden brought the idea 
to Ralston after learning of a similar program in Alberta. Morden 
said using civil powers to control illegal activity can be more 
effective from a neighbourhood point of view than a criminal investigation.

"The high burden of proof in the criminal code sometimes makes it 
difficult to bring charges. This will allow action without having to 
do that," Morden said.

A civil action requires demonstrating something is true on the 
balance of probabilities, not proof beyond reasonable doubt as in a 
criminal case.

Remedies open to the agency would range from negotiating with the 
property owner to end the problem activity to obtaining a court order 
to close the property.

Violators of the closure could be fined and face contempt of court penalties.

Both Ralston and Morden had high praise for Surrey's response to drug 
houses, and said SCAN legislation would give authorities another tool 
in the fight against drugs and associated crime.

Just a few hours before introducing his bill, Ralston said it would 
likely go the way of most opposition bills - nowhere. Still, he said 
it's important to try.

"It's more to make a point. It's not likely to be adopted, but 
ideally the government will look at the bill and decide it's 
something worth doing."

Morden was less philosophical.

"The timing is perfect," Morden said.

"Every day we hear about another drug-or gang-related shooting. If 
our government doesn't realize that drug houses are a problem, then I 
don't know what it will take."

The Now was unable to get comment from anyone in government before 
press deadline.
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MAP posted-by: Jay Bergstrom