Jason Unrau
Northern News Services
Friday, May 04, 2007

YELLOWKNIFE - Proposed legislation aimed at shutting down homes and apartments used habitually for illegal activities is facing tough criticism from lawyers and the human rights commission, who argue the new law could infringe on people's rights.

If passed, Bill 7 or the Safer Communities and Neighbourhoods (SCAN) legislation would give judges power to evict tenants using a property to commit illegal acts.

Different from substantiating a criminal charge, SCAN lowers the burden of proof required and limits participation of the accused in the process.

This has some in the legal community and the human rights commission raising red flags.

"The commission has concerns about how Bill 7 impacts individual rights guarantied by the Canadian Charter of Rights and Freedoms, specifically with regard to due process and privacy," Colin Baile, vice-chair of the NWT Human Rights Commission, told the Standing Committee on Social Programs, which finished public hearings on the bill last week.

Committee chair Sandy Lee, MLA for Range Lake, referred to the bill as a "blunt instrument" that would likely get some fine tuning before it's presented for a third and final vote at the legislative assembly in August.

"The judge has the discretion to give an eviction notice (but) the only test is reasonable inference so all the power is with the investigator," said Lee.

Brad Enge, the sole lawyer to make a submission to the Social Programs Committee on Bill 7, called the proposed legislation "destructive" for small communities and slammed Justice Minister Brendan Bell for introducing it.

"As a minister of justice sworn to uphold the Charter (of Rights and Freedoms) I'm appalled that he would threaten to bring the weight of the government to bear on suspected offenders," said Enge. "In small communities this will pit neighbour against neighbour, it's destructive."

Under SCAN, an investigation can begin on the basis of an anonymous tip that criminal activity is happening at a location.

The "evidence" can simply be testimony from a SCAN investigator corroborating this, and does not require photo or video surveillance proof.

\In defending SCAN, Bell called eviction "an absolute last resort."

But critics counter that tenants accused of using a property for criminal activities are not afforded the chance to defend themselves. Only after a judge issues an eviction are tenants provided the opportunity to appeal.

According to the Northwest Territories Department of Justice, NWT legislation has been modeled closely on similar laws already in Saskatchewan, Manitoba and Yukon. Bell downplays concerns the legislation will conflict with the Charter.

"We've had our legal people go through this and the consensus is it doesn't violate the Charter," said Bell.

"And there are limits to your freedoms, you don't have the right to bootleg or sell narcotics out of your home. That's fundamental."

Bell also said provisions would be added to SCAN to allow people to "go back on those who bring forward frivolous complaints."

With crack cocaine abuse becoming more prevalent in the North and the challenges police face attempting to get criminal convictions against drug dealers, Bell said SCAN will add another component to the fight against crime "with the goal being to disrupt the business model of the bootlegger or drug dealer."