Public safety

N.L. reviewing shelved law aimed at problem properties

The Safer Communities and Neighbourhoods Act passed in 2007 but was never brought into force. The province says a comprehensive review is underway

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N.L. reviewing shelved law aimed at problem properties
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Newfoundland and Labrador
Newfoundland and Labrador, Canada
Newfoundland and Labrador is reviewing a dormant 2007 law that could give officials civil tools to address properties linked to chronic illegal activity.
Drug Crime Housing Legislation Newfoundland and Labrador Public safety

Newfoundland and Labrador is reviewing a dormant 2007 law that could give officials civil tools to address properties linked to chronic illegal activity.

Newfoundland and Labrador is reviewing long-dormant legislation that was designed to help communities respond to properties associated with chronic illegal activity, including so-called “trap houses.”

The Safer Communities and Neighbourhoods Act, known as SCAN, passed in the House of Assembly in 2007 but was never brought into force. The law was intended to operate through civil measures, not as a substitute for criminal prosecution, and could allow action such as warning property owners, evicting residents or seeking the closure of drug houses.

“This legislation was intended to function as a civil tool to address problematic properties. It is designed to complement, not replace, criminal enforcement,” Justice Minister Helen Conway Ottenheimer said in an emailed statement reported by CBC News.

Conway Ottenheimer said the Department of Justice and Public Safety is conducting a “comprehensive review” because nearly two decades have passed since the law was approved. The review is expected to examine the legislation’s original purpose, enforcement mechanisms and how it would interact with police and other agencies involved in public safety and community well-being.

Under the 2007 framework, residents would be able to file complaints if they believed illegal activity on or near a property was harming a neighbourhood. An investigation unit could review complaints and investigate, with possible outcomes including warning letters or court orders for emergency closure when a property was being used habitually for targeted activities and creating an adverse effect on the community.

The issue has gained attention as residents living near alleged drug houses have pressed provincial and municipal officials for faster action. CBC reported that police, city and provincial officials have said their options can be limited in some cases.

Similar SCAN laws have been used elsewhere, including New Brunswick. In St. Stephen, residents David Whittingham and Ron Jodrie described properties that became centres of crime, drug use and squatting after a private landlord bought rentals during the pandemic. CBC reported that SCAN officers later evicted residents and boarded up multiple properties in the town.

But civil liberties advocates have warned that the model carries risks. Meghan McDermott, policy director with the British Columbia Civil Liberties Association, told CBC she is concerned that similar laws can displace people quickly based on anonymous community complaints and may sweep in people who are not responsible for illegal activity.

Conway Ottenheimer declined an interview, but said the department is working with partners, communities and police agencies. She said the review includes legislative analysis, jurisdictional scans and consultations, and that the province wants the work completed “as soon as possible” while ensuring any conclusions or changes are evidence-based and legally sound.

For now, the review leaves open whether Newfoundland and Labrador will move to activate, revise or otherwise change a law that has remained unused since 2007.

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