Whitehorse Daily Star

Safer communities consultations begin

'There needs to be some work done to ensure (safer communities legislation) is going to fit the Yukon,' says NDP Justice critic Steve Cardiff.

By Whitehorse Star on January 17, 2006

'There needs to be some work done to ensure (safer communities legislation) is going to fit the Yukon,' says NDP Justice critic Steve Cardiff.

The Justice department has begun its consultation process to develop a Safer Communities and Neighbourhoods Act.

Since the legislature unanimously passed a motion in November agreeing to have the bill ready for tabling in the spring sitting, however, little more has been done than handing MLAs copies of similar legislation from Saskatchewan and Manitoba, says Cardiff.

The proposed legislation will target properties being used for producing, growing, selling or using illegal drugs, prostitution, solvent abuse, the unlawful sale and consumption of alcohol, and possibly gambling dens.

In Manitoba and Saskatchewan, residents are able to use a confidential complaint line to report to a director of community operations who investigates the complaint and shuts down buildings if illegal activities are occurring.

At a presentation on Monday night at the High Country Inn, representatives from Saskatchewan and Manitoba told the approximately 45 attendees how the legislation is working in their jurisdictions.

Much of the audience was composed of government employees, including nine MLAs, Conservative federal election candidate Sue Greetham and NDP candidate Pam Boyde, as well as communications personnel and employees from the Department of Justice and the Department of Health and Social Services.

Al Cameron, the manager of public safety investigation in Manitoba's Department of Justice, provided an in-depth presentation on the 143 investigations that have resulted in eviction in the province since the bill became law in 2002.

The legislation creates an investigative unit that exists within government and separately from the police. It also focuses on using civil law, rather than criminal law to end the activities.

The use of civil law allows the investigative team to collect information that indicates a 'balance of probabilities' that unlawful activities which adversely affect the safety and security of a neighbourhood are occurring on a regular basis.

In criminal law, the police would have to go to court against a specific person charged with a specific offence and prove the activities are occurring beyond a reasonable doubt.

The safer communities legislation deals instead with the property owner or landlord of a rental unit. Cameron said it often results in an informal resolution being reached, with the landlord agreeing to terminate the tenancy in five to seven days.

'The legislation is trying to bridge the gap between criminal and civil to allow communities to take back their neighbourhoods,' said Cameron.

In Manitoba, there have been 929 complaints received since the legislation's inception, he said. Determining which complaints are actually credible usually tends to be very quick, he added.

Investigations generally take about three days. Manitoba's current team of investigators is made up of a manager, three investigators and a registrar.

'It works because of the confidence the community has in the act,' he says. 'The public has grown to consider the act as something that belongs to them.'

Murray Sawatsky, executive director of Saskatchewan's law enforcement services, agreed.

'The real strength in some of this legislation is the communities' will to come and rally around it themselves,' he said.

Liberal MLA Pat Duncan told the Star this morning it's that kind of attitude that will be needed not just after the legislation is in place, but as its creation moves forward.

'We are all going to need to work together on this,' she said.

The legislation in Manitoba and Saskatchewan has predominantly been used in urban centres, but Cameron said he believes it will work effectively in the Yukon.

'Sometimes (working in smaller communities) means we have to think outside the box, sometimes it means we have to go outside the traditional means, but in most cases you can find a way to do it, if you want to,' he said.

Justice Minister John Edzerza said: 'My sincere belief is that where there's a will there's a way, and the will is here.'

The goal must now be to ensure the resources are there so the legislation can actually work, said Cardiff. Resources include funding, equipment and relationships with municipalities, first nations and the RCMP, he said.

In Manitoba, the annual operating budget of the investigation unit is approximately $356,200. The Yukon will need additional startup funds to purchase the investigation equipment, such as cameras, and the cost of hiring investigators and setting up the complaint line.

'If they don't give the public service the tools they need, (the legislation's) not worth the paper it's printed on,' said Duncan.

NDP Leader Todd Hardy, who put forward the initial motion in the fall sitting calling for the safer communities legislation, said the presentation provided concrete examples of how effective it can be at empowering communities.

'Being under the microscope can have the positive effect,' he said.

Hardy, however, would like to see the legislation explore providing treatment options and follow-up care for the individuals visiting the properties for illegal activities or conducting the actual activity.

'We can't have a stand-alone approach,' he said. 'I believe in the Yukon, we can go farther than what they've done outside. A compassionate view has to be a part of this.'

Health and Social Services Minister Brad Cathers said the actual legislation will predominantly be an initiative from the Justice department, but there will be linkages.

'We want to make sure it is a linked approach and we're not doing one-off pieces that have no connection,' said Cathers.

The focus will be on how other aspects of the Substance Abuse Action Plan, which was unveiled in October 2005, can be linked to the proposed legislation, he said. The plan focuses on harm reduction, prevention and education, treatment and enforcement.

Sgt. Guy Rook said the RCMP is currently in communication with the government regarding the proposed legislation, but it is waiting to see how the consultations and the draft legislation come in before commenting on the police's role.

'We share a common goal with our communities and government of making our communities safer,' he said. 'We want to help communities help themselves.'

Be the first to comment

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.