Pubdate: Thu, 09 Apr 2009
Source: Edmonton Sun (CN AB)
Copyright: 2009 Canoe Limited Partnership.
Contact:  http://www.edmontonsun.com
Details: http://www.mapinc.org/media/135
Author: Andrew Hanon

A NEW PROVINCIAL LAW GIVING SHERIFFS THE AUTHORITY TO SHUT DOWN DRUG 
HOUSES HAS RESULTED IN 'GANGBUSTER' RESULTS

The sign in front of the home said it all: "This is NOT the crackhouse."

Neil LeMay shakes his head when he thinks about it.

"They were sick of people knocking on their door at 4 a.m. looking to 
buy drugs," explains the superintendent of the provincial sheriffs 
protection and investigation services.

The crackhouse was a few doors down, but drug-addled customers kept 
mixing up the addresses.

To LeMay, the sign was a perfect example of how so-called drug houses 
can destroy neighbourhoods and make life miserable for anyone 
unfortunate enough to live near them.

People coming and going at all hours of the night, fights, shouting 
and thefts from nearby yards to trade for drugs are all common.

In the most severe cases, heavily addicted prostitutes will turn 
tricks right in the drug-house's yard so they can stay close to their dealer.

Stuck in court

With 27 years in the RCMP before joining the Alberta solicitor 
general's department last year, LeMay knows how difficult it can be 
to shut them down.

Cops can spend weeks investigating suspected drug dealers, and when 
they finally arrest them, they can be out on bail and back in 
business within hours. It can take years for the case to work its way 
through the courts.

That's why LeMay is "delighted" with a new provincial law that gives 
sheriffs the authority to shut down drug houses without having to do 
lengthy criminal investigations.

They have the authority to evict everyone in a house and board it up 
for 90 days. They can put up security cameras, chainlink fences and 
even post a guard to make sure no druggies return.

"We're not using criminal law," LeMay explains. "We use civil law."

Under the Safer Communities and Neighbourhoods Act, the sheriffs only 
have to show that a suspected drug house "negatively affects the 
health, safety or security" of one person in a neighbourhood, or 
"interferes with the peaceful enjoyment" of one or more properties in 
a community.

The sheriffs do not use search warrants, wiretaps or undercover 
officers. They don't need to.

"We don't put people in jail," LeMay says.

Because SCAN is civil legislation, the test in court is "balance of 
probabilities" instead of the much higher criminal test of "beyond a 
reasonable doubt," so it's easier to get the authorization they need to act.

However, they can turn any evidence of criminal activity over to the 
police, who can still do criminal investigations.

"We've been going gangbusters since the legislation came into effect 
on Oct. 1," he says.

The program has 14 sheriffs, seven each in Calgary and Edmonton. So 
far, the Edmonton team has shut down 85 drug houses in the city and 
other northern Alberta communities.

To date, they've only had to use their biggest stick, the Community 
Safety Order, once.

Just one call

In that case, people suspected of causing trouble were ordered out of 
an Edmonton home last month, while other occupants who weren't 
considered part of the problem were allowed to stay.

All other cases were resolved without having to go to court and apply 
for the order. In most situations, all it took was a call to the 
landlord, who was more than happy to evict the clients.

The sheriffs currently have 30 open files.

LeMay is well aware of the criticism that programs like SCAN only 
move the problem from one neighbourhood to another.

"But," he replies, "there have been studies that show that every time 
you move (a drug operation), it doesn't come back as large or as 
powerful. (Drug users) will have trouble finding it, so there won't 
be as much traffic."
- ---
MAP posted-by: Jay Bergstrom