Safer Communities Act, possibility of abuse

By all accounts, law enforcement sees it as a valuable tool but some people are uncomfortable with the relatively new Safer Communities and Neighbourhoods Act and fear civil liberties could be at stake.

The provincial statute aims to improve community safety by targeting and, if necessary, shutting down residential and commercial buildings and land that are regularly used for illegal activities such as producing, selling or using illegal drugs, prostitution, illegal gaming or the unlawful sale and consumption of alcohol.

The process begins when one or more people in a neighbourhood file a complaint with the Director of Public Safety. If there is enough evidence to support the complaint, an investigation is launched. The identity of the person or persons making complaints is protected. After an investigation, closing a property entirely through a closure order is a last resort used only when there is a lack of cooperation.

If a property is closed, all occupants must leave immediately. Commercial and residential tenants not involved in illegal activities can apply to the court for a variance of the closure order to return to the property.

Public Safety Investigation Section director Fred Sanford spoke about the act to Kings County councillors. Coun. Janet Newton said she finds a lot about the act troubling, including the possible loss of civil liberty.

We agree there is a possibility that the act could be abused. For example, someone with a grudge could start making complaints about an individual. If well argued, this could conceivably lead to an investigation, whether or not the allegations have a basis in truth.

There is potential for people not involved in illegal activity to be painted with the same brush as those who are, simply because they might rent property jointly or work in an adjacent unit. It seems the onus is on these people to prove their innocence.

A pamphlet from the Department of Justice lists common signs of criminal activity to watch for. The problem is that perfectly legal explanations could exist for all activities listed and paranoia of law-abiding citizens could result.

Const. Les Kakonyi of the Kings RCMP says if police receive a complaint on an anonymous basis, there might not be enough grounds for a search warrant. Since the act falls under the realm of civil law, more flexibility is afforded in tackling issues police run into all the time.

The feeling from police is that this is a positive step, something that’s long overdue. Kakyoni, therefore, doesn’t believe it’s open to abuse or a concern to civil liberty. Investigators couldn’t go on the basis of one complaint. There has to be a known problem and, if the matter goes to Supreme Court, the burden of proof is a balance of probabilities. The intelligence gathered by the investigative unit could help police gain grounds for a search warrant.

Kakonyi said the act still hasn’t been tested in court and it will be interesting to see a judge’s take would be.

It will be interesting to see how matters under the act are handled in court. Anything to help rid habitual illegal activity from our communities is positive. Let’s hope, however, that the act isn’t abused and that law-abiding citizens aren’t subjected to unfair treatment.