FORT SMITH - Fort Smith had its say about the GNWT's controversial proposed legislation to combat drug trafficking, bootlegging and other illegal activity.

And residents had a lot to say May 30 about the Safer Communities and Neighbourhoods (SCAN) Act before members of the Legislative Assembly's Standing Committee on Social Programs.

Mary Pat Short, chair of the NWT Human Rights Commission, addresses a May 30 consultation in Fort Smith on the territorial government's proposed Safer Communities and Neighbourhoods Act. - Paul Bickford/NNSL photo

Many people, even those who generally support the legislation, pointed out flaws.

In essence, the SCAN legislation - lifted from Saskatchewan - would establish a team of investigators to look into confidential complaints about illegal activity, and offenders could be evicted from their homes. Action would be taken on a "balance of probabilities," which is a lesser burden of proof than for the RCMP.

Grant Paziuk, one of about 30 people at the consultation, said he generally supports the legislation, noting the RCMP's hands are often tied when trying to deal with such problems.

"It is needed legislation," he said, although he admitted it doesn't solve the underlying problems.

Paziuk noted evictions would create a bit of a shell game. "If they are tossed out of their homes, where do they go?"

However, he added, "If you're not guilty, you don't have much to worry about."

Mary Pat Short, chair of the NWT Human Rights Commission, doesn't support SCAN, saying it offers no real solutions.

Short also questioned the cost of implementing SCAN, estimated at about $1 million a year.

"I think there's a real question if SCAN is a good use of public money," she said.

Short said that a SCAN program in Manitoba, which has a million people, resulted in 198 evictions over four years. A similar eviction rate in the NWT, which as 1/25 Manitoba's population, would mean about eight evictions over four years.

"Do we spend a million dollars a year for two evictions a year?" she wondered.

Aside from money, Short said the NWT would be creating a new level of criminal law outside of the Charter of Rights and Freedoms, meaning evictions without trial, presentation of evidence or right to appeal.

Thebacha MLA Michael Miltenberger likened SCAN to a police state, adding it is rather draconian.

"To me, this is an ill-advised piece of legislation," he said

Miltenberger said the bill shouldn't be rushed through in the last two months of the current legislative assembly.

Fred Daniels said, instead of SCAN, the justice system should be toughened up to deal with offenders, both adults and youth.

"That's where we should be heading," Daniels said.

That would be more effective than SCAN, he argued. "To me, this is a Band-Aid solution."

Sandy Lee, MLA for Range Lake and the chair of the standing committee, responded that provinces and territories cannot legislate criminal law.

"This law is trying to do it in a round-about way," she said.

Eileen Beaver wondered what would happen to a drug trafficker's or bootlegger's spouse and children, who would also be evicted.

She asked whether the GNWT would provide emergency housing.

"What are you trying to do here? Solve the problem of drugs or create more problems in society," she asked.

Lee said a homeowner would be evicted for 90 days, while a renter would be permanently evicted.

Gloria Villebrun said she has mixed feelings about SCAN.

She said more money could instead be spent on creating activities for youth in communities.

While he has concerns about SCAN, Mayor Peter Martselos said he would like to see something done to combat drugs.

Martselos suggested that, instead of all four investigators being stationed in Yellowknife, one should be in Fort Smith and another in Hay River.

Henry Beaver called SCAN "disturbing."

"This bill takes all the rights away from individuals," he said.

Beaver said some people may also misuse SCAN in vendettas against other individuals.

The government should look at different ways to fight the problems, he said. "There are ways other than throwing people out of their houses."

The Yukon implemented the SCAN program at the beginning of 2007 and in the first six weeks of the legislation coming into effect had already served two eviction notices.