A Yukon Supreme Court justice has ordered that a property in the Prospector Trailer Court be vacated and closed for 90 days due to drug trafficking.

This was the result of a petition filed by the territory’s director of public safety and investigations last month. The property was subject to a Safer Communities and Neighbourhoods (SCAN) investigation last year.

Justice Suzanne Duncan issued her oral decision this morning. The property, 81-4, is owned by Arielle Devilliers.

She is a Yellowknife resident. In previous court documents, she was referred to as Arielle Lee, but Devilliers is her legal name.

Territorial Crown prosecutor Kelly McGill made her submissions Thursday.

Devilliers was supposed to appear by phone, but could not be reached.

The court clerk tried calling her multiple times. Each call either went unanswered or went directly to voicemail. Duncan ordered that the hearing go ahead without Devilliers.

She adds that Devilliers was given an opportunity to file a response to the Crown’s case, but no filings were made.

McGill argued that the evidence shows that Devilliers is either involved or at least complicit in the alleged drug trafficking observed in the area.

She explained that the court must be satisfied that the alleged activities are happening on the property to grant the order.

SCAN personnel received five complaints from two complainants. Their identities are protected from publication.

“The complaints are the foundation,” McGill said.

SCAN staff began watching the property. Investigators observed an alleged increase in drug activity from November to December 2018.

SCAN personnel observed three to four people living there. It seemed to be on a rotational basis.

Investigators set up cameras, which allegedly captured many people visiting the property. Visits were often short – one minute or less.

The cameras allegedly recorded Devilliers on the property – at times she stated it was not her – and known drug traffickers were in the area.

McGill argued that these facts should be enough for the court to draw a reasonable inference that the property is being used for drug trafficking. She added it is also sufficient to conclude the community is adversely affected by this behaviour.

She said the complainants reported an escalating fear.

She added there may have only been only two people who came forward, but figures there are others who feel the same way.

“There is no doubt in my mind that there are others,” McGill said.

The Crown asked that the property be shut down for 90 days. She explained that this should be a long enough period to tell people that drugs are no longer available there. She said this is important because the trafficking has been long-term.

“It’s going to take some time,” McGill said.

She clarified that the court could impose a shorter term.

McGill said the other residents in the trailer court need relief. She argued that Devilliers has failed to do any due diligence.

The Crown’s evidence was left uncontested since Devilliers was not present to call any evidence, make submissions nor file a response.

Duncan said the evidence before the court points to consistent activity over a six-month period. This activity was found to be consistent with drug trafficking.

The justice added that drugs do have a negative effect on the community.

She explained that since Devilliers was seen at the property during the SCAN investigation, it can be inferred that she knew what was going on and could not put an end to the trafficking.

The court order had several terms. The property in question, 84-1, must be vacated by all occupants in seven days of today’s decision. They will have no access to the property for 90 days.

Devilliers and her tenant, Mobose Molemba, will have to leave the property. Devilliers can return to the property to perform maintenance or repairs.

She will have to do everything possible to stop the drug trafficking.

The RCMP will be able to help enforce the order and the public safety director can monitor compliance.

The director was granted the ability to do what is needed to close down the property.