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Safer Communities & Neighbourhoods Act:
Most Yukoners report feeling very safe in their community, but it only takes one house on any street in any community to undermine the safety of all residents.
The Government of Yukon developed legislation called the Safer Communities & Neighbourhoods Act (SCAN) that makes it possible to shut down known properties that are being used for illegal activities including:
This legislation empowers citizens to exert more control over crime and safety in their community or neighbourhood. It also holds property owners accountable for threatening or disruptive activities regularly taking place on their property.
Q: How does the process work?
A: The complaint-driven process starts when one or more residents of a community file a confidential complaint with the SCAN office. The complaint states that the community or neighbourhood is being negatively affected by certain activities going on or near a property. If the complaint fits the specified uses of SCAN and there is evidence to support the complaint an investigation is launched. A SCAN investigator will use a variety of methods to determine whether the illegal activity is taking place at the property in question, whether the activity is taking place on a regular basis, and whether the activity is having an adverse effect. The illegal activity cannot be a one-time occurrence for this legislation to apply.
Q: Are complaints confidential?
A: Yes. The complainant will have to provide their name when contacting the office, but the identity of the person making the complaint will be kept completely confidential. That person will not be required to be involved in any investigative or court proceedings that may result from the complaint.
Q: What happens after the investigation is finished?
A: If there is enough evidence to prove that an activity is negatively affecting a community or neighbourhood, SCAN Investigators may attempt to resolve the problem by dealing with the property owner informally. A warning letter may be sent and/or the landlord may serve an eviction notice to the tenant.
For the most serious complaints or if the subject of a complaint is not cooperative, the Director may elect a more formal process by applying to the territorial court for a Community Safety Order (CSO).
If a CSO is granted, SCAN Officers will have the tenant removed, and close the property down.
Q: What happens to the occupants living in the property that is closed?
A: The SCAN office will work with government and non-government service providers to deal with the occupants following eviction or closure of the property. This could include the protection of children, provision of alternative housing, or linking to available drug and alcohol treatment services, etc.
Q: What happens to tenants who were not involved in the “activities”?
A: Tenants who were not involved in the illegal activities can apply to the court to return to the property.
Q: How will this legislation apply to First Nations’ lands?
A: The legislation is a Yukon law of general application that will apply on First Nations lands, with the exception of those First Nations who have enacted equivalent legislation. The Government of Yukon will continue to work with First Nations to develop protocols as to how this Act will be implemented on First Nation lands.
Q: How does this legislation differ from criminal legislation?
A: Criminal legislation (the Federal Criminal Code and Controlled Drugs and Substance Act, for example) focuses on illegal activities, such as drug trafficking. The Crown must prove beyond a reasonable doubt that an accused person committed a specific crime at a specific time and place.
SCAN is civil legislation that focuses on the effects of an activity on the community, not the activity itself. What, for example, is the effect of drug trafficking on the community?
With criminal legislation, the police can remove individuals from certain properties, but the activity may persist. With SCAN legislation, the property used for the activity is shut down.
The Safer Communities and Neighbourhoods legislation is one of the enforcement activities of the Yukon Substance Abuse Action Plan.
Q: What are some common signs of a drug house?
A: Any of the following, individually or jointly, may indicate a drug house:
Links:
Safer Communities & Neighborhoods Act
Mailing Address:
Department of Justice
SCAN (J-10)
Box 2703
Whitehorse, Yukon
Y1A 2C6
Phone: (867) 456-(SCAN) (456-7226)
Toll Free (In Yukon): 1-866-530-SCAN (1-866-530-7226)
Fax: (867) 393-6393
Email: SCAN@gov.yk.ca