The NWT’s justice minister has introduced legislation aimed at addressing illegal activity in residential properties.
Scan – which stands for Safer Communities and Neighbourhoods – allows residents to confidentially report properties believed to be used for illegal activities like drug dealing.
Jay Macdonald introduced Bill 49 in the Legislative Assembly on Monday. The bill is part of a broader package of public safety legislation, including a Trespass Act and Civil Forfeiture Act.
Scan is not yet law. The bill must go through a process involving multiple readings and consideration by a committee before it has a chance to come into effect.
In a statement, Macdonald said the proposed legislation would strengthen the ability of communities and enforcement agencies to address crime and improve neighbourhood safety.
The legislation sets up a civil process to investigate complaints and take action when necessary. It would allow the GNWT to intervene in cases where there is evidence of ongoing illegal activity, even without a formal complaint or landlord involvement.
“Across the territory, residents, community leaders, Indigenous governments, MLAs and law enforcement have raised serious concerns about rental properties being used for illegal activity in ways that create fear, instability and harm,” Macdonald was quoted as saying.
“The legislation would also require civil investigators to work with Indigenous governments, social services and housing organizations to support people who may need assistance. Where appropriate, individuals would have an opportunity to address or change harmful behaviour before further legal action is taken.”
Macdonald said Scan is not aimed at targeting those dealing with addiction, poverty, homelessness or mental health challenges, but at illegal activity that can endanger communities, disrupt neighbourhoods and create space for organized crime.
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According to him, as the bill moves through the Legislative Assembly, there will be further opportunities for review and public discussion. He said the legislation is complex and must be effective, fair, legally sound and appropriate to the realities of the territory.
The complexity of Scan has been illustrated in other jurisdictions like the Yukon, where parts of a similar law have been ruled unconstitutional. In the NWT, Scan would require a new GNWT unit with wide-ranging powers while putting pressure on existing institutions like the Rental Office that already say they are under-resourced.
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Macdonald said his government will work with partners across the territory on implementation so communities have the tools, supports and confidence they need to be safe.
A public engagement process was conducted from October 27 to November 28 last year, which included two online surveys designed to gather feedback on both Scan and civil forfeiture legislative proposals.
In a report summarizing the findings released this week, the GNWT said 67 percent of people who responded identified illegal activities at residential properties as a major problem in their community, while 30 percent believe Scan will be “very effective” at improving community safety.
While drug trafficking was identified as the most significant concern by 138 out of 156 respondents, residents also mentioned human trafficking, bootlegging and prostitution as critical issues impacting their quality of life.
The report highlighted concerns that evictions under Scan could lead to homelessness among dependents, including children and seniors, or displace criminal activity to other properties – especially given the mobility of drug dealers and the risk that vulnerable property owners become the ones most affected.
Respondents also questioned whether Scan as proposed would have sufficient authority and clarity to operate effectively, with uncertainty about how enforcement powers would be exercised in practice.
