Drug Dealing etc. - The Safer Communities & Neighbourhoods Act

The Safer Communities and Neighbourhoods Act works by holding property owners accountable for threatening or disturbing activities that regularly take place on their property related to

• Unlawful drug use or dealing, production or cultivation
• Prostitution and related activities
• Unlawful sale of liquor
• Unlawful use or sale of intoxicating substances - non-potable and solvent-based products
• Sexual abuse or exploitation of a child ore related activities
• Possession or storage of an unlawful firearm, weapon or explosive
• The Act refers to activities that are ongoing, not those happening occasionally.

Contact Manitoba Justice, Public Safety Investigations, 1403-405 Broadway, Winnipeg, MB R3C 3L6 Phone 204 945-3475

For the Fact Sheet, including answers to the following, go to http://www.gov.mb.ca/justice/safe/pdf/scnafactsheet.pdf:

• How do you define property?

• How does the process start?

• Who investigates the complaint?

• What happens if either a Community Safety Order or an Emergency Closure Order is Granted?

• What can a tenant do who is not involved in illegal activities?

• What can an owner do if they receive an order to close the property?

• What happens if the owner does not comply with a Community Safety order?

• What happens if the tenants do not comply?

• Defacing an Order or entering a closed building

• What happens if an owner is falsely accused?

• Who is responsible for the costs of closure?

• Can my house be closed if my teenager has a noisy party while I am away?
  

The Act is available at http://web2.gov.mb.ca/laws/statutes/

Notes from Presentation by Al Cameron the Manager Public Safety Investigations, Dept of Justice on The Safer Communities and Neighbourhoods Act, July 2, 2009 at the Luxton Residents Association. AGM

“Act … works by holding property owners accountable for threatening or disturbing activities that regularly take place on their property relating to unlawful drug use or dealing, production or cultivation, prostitution or related activities, unlawful sale of liquor, unlawful use or sale of intoxicating substances – non-potable and solvent-based products, sexual abuse or exploitation of a child or related activities, possession or storage of an unlawful firearm, weapon or explosive. Act refers to activities that are ongoing, not those happening occasionally.”

The Act is civil (as opposed to criminal, legislation, the first in Canada to address entrenched problem use of real property/houses (drug houses, prostitution etc.) as opposed to behaviour of persons (criminal).

Complainant’s names are confidential, including if the matter went to court. Complainants are kept apprised of progress on the investigation. “Adverse effect on community” of the use of the property has to be proven and it’s usually easy to do this. “Habituality” is proved by surveillance which can be 24/7. Seven investigators in Winnipeg and others outside.

Response by the unit may be informal – e.g. apprising the landlord of what’s going on in his/her property and encouraging him/her to work with unit to end the problem. e.g. five days notice to the tenants to get out. Sometimes landlords want the tenant out - but have been afraid to act.

If landlord is not cooperative unit can go to court and get a Community Safety Order. This has happened on three occasions since legislation came in. Two of the properties were owner-occupied. Property can be boarded up. Most problem places are tenant-occupied.

373 operations shut down since 2002 and currently (July/2009) 135 ongoing investigations. Not a lot in Luxton. More so in Pt. Douglas and Wm Whyte.

Unit works with Community Health, Building Inspectors etc. Effectiveness is dependent on it being grass-roots initiated from affected neighbourhood. $2M in drugs seized.

There have been six “repeat clients”. Research shows that displacement (just moving to another location) – whole operation is destabilized.

First Community Safety Order was issued on Selkirk Avenue. Collateral benefits include a big reduction in calls for police service to the address,

Unit prefers calls from individual complainants. Some neighbourhoods have a security coordinator (e.g. Pt. Douglas model) when people have been afraid of retaliation.

More information the complainant is able to give, the more helpful it is. E.g. why they believe the property is being used as a drug house? What the pattern of behaviour is? E.g. people coming to the side window throughout the night for a short period of time, licence plates etc. Unit sets up surveillance, but it’s helpful to them to know what they are looking for.

Other provinces – Sask, Yukon, NS, Alta and Nfld have adopted Manitoba’s legislation. Ontario, BC. and NB are looking at it. Has withstood constitutional challenge.