Q & A: Safer Communities and Neighbourhoods (SCAN) Safer Communities and Neighbourhoods (SCAN) The goal of the Safer Communities and Neighbourhoods Act (SCAN) is to improve community safety by targeting properties used for criminal activities such as drugs, gangs, and prostitution. This legislation empowers citizens to report problem residences and businesses. It also holds property owners accountable for illegal activities regularly taking place on their property. This Act promotes community safety by cleaning up properties that: negatively effect the health, safety or security of one or more persons in a neighbourhood; and/or interfere with the peaceful enjoyment of one or more properties in a community or neighbourhood. BACKGROUND 1. What is SCAN legislation about? The Act will improve community safety by targeting and, if necessary, shutting down residential and commercial buildings regularly used for illegal activities such as producing, selling, or using illegal drugs, prostitution, solvent abuse or the unlawful sale and consumption of alcohol, gang activity, organized crime, and the exploitation of children. The Act allows for the removal of building fortifications that cause public safety concerns and/or exceed reasonable security measures for residential or commercial dwellings. Fortifications often include bullet proof glass or explosive-resistant materials, barbed wire, armour to reinforce doors, and bars on windows or doors. Because SCAN is civil legislation, the test in court is balance of probabilities as opposed to criminal law, in which the test is beyond a reasonable doubt. SCAN focuses on how the activity affects the neighbourhood, not on the activity itself. That is, does the activity disrupt others enjoyment of the neighbourhood? 2. When was the Act introduced? Bill 212, the Safer Communities and Neighbourhoods Act, was introduced by MLA and former police officer Art Johnston as a private members bill in spring of 2007. It passed with amendments later that fall. 3. Is SCAN modeled on similar initiatives outside of the province? Manitoba has had SCAN legislation for more than five years and Saskatchewan for about three. Nova Scotia and the Yukon both implemented similar legislation in 2007. Newfoundland s SCAN legislation received Royal Assent in June 2007. Page 1
4. What does SCAN do? SCAN addresses illegal activity identified within communities. SCAN legislation provides for: o an investigative agency within the Sheriffs Branch of Alberta Solicitor General and Public Security to respond to public complaints; o the closure of properties associated with illegal activities; o targeting of activities as opposed to individuals; o a civil law approach, not criminal law; o court authorization to compel a property owner to take responsibility for the activities occurring on their property; and o addressing the fortification of buildings. 5. Does SCAN adopt any of the recommendations made in Alberta s Crime Reduction and Safe Communities Task Force report? While SCAN responds to a recommendation to adopt the Act and make communities safer, it does not expand the powers of municipalities. SCAN s enforcement powers reside with the Director of Law Enforcement at Alberta Solicitor General and Public Security (SolGPS). SolGPS will work collaboratively with municipal law enforcement and social service agencies to address the municipal impacts. 6. Who makes up the SCAN unit and where will they be located? For the first year, two SCAN teams will serve the province a northern team (based out of Edmonton) and a southern one (based out of Calgary). Initially, each team will have five SCAN investigators designated as Alberta Sheriffs. The unit will also include a Deputy Director, two regional managers, and two analysts. In subsequent years regional offices may be set up in smaller centres throughout the province. This will be determined by need. 7. What qualifications do members of the SCAN team have? SCAN investigators will complete an intensive eight-week training and will continue to receive ongoing training as required. Many of the investigators are former police officers with extensive investigative and surveillance experience. 8. How much does SCAN cost? About $4 million in annual funding is required to meet the needs of the new program. 9. When does SCAN unit become operational? SCAN became operation when the Act is proclaimed in the fall of 2008. OPERATION Page 2
10. How does SCAN operate? Complaints from public will come to the SCAN Director who can: o commence an investigation; o require more information from the complainant; o issue a warning letter; o mediate the dispute; or o apply to the Court of Queen s Bench for a community safety order. This is a court order for owners to clean up / repair the property or for the property to be closed for up to 90 days. Any criminal activity uncovered when dealing with these properties will be turned over to the police to investigate. An informal resolution is preferred, so investigators may first meet with a property owner or send a warning letter to the owner of the property or occupant. Formal resolution would be the next step. At this point SCAN would apply for a Community Safety Order. SCAN investigators can enter the property without the consent of the owner or occupant to close it and keep it closed. SCAN investigators can take any measures necessary to safely and effectively close the property, including: o ordering all occupants of property to leave immediately; o attaching locks or other security devices; o erecting fences; o changing or terminating utility services; or o making interior or exterior alterations to the property so it is not a hazard while closed. 11. When will SCAN operate in rural areas? SCAN is expected to do some investigations outside Edmonton and Calgary during the first year of operation. Expansion into rural areas will likely occur in subsequent years. 12. How will the complaint process work? The process starts when one or more residents of a neighbourhood file a complaint with SCAN using a toll-free number or a form that will be available on the Solicitor General and Public Security website. A person can also file a complaint if the neighbourhood is being adversely affected by activities on or near a property in the neighbourhood; and if illegal or suspicious activities occur. SCAN may launch an investigation if there is enough evidence to support the complaint. If Albertans are suspicious of a property in their neighbourhood, they should not should investigate it themselves or approach the occupants. They should contact their local police service or the SCAN toll-free phone number. Page 3
13. Are complaints confidential? All complaints are confidential. The identity of those who file complaints will not be revealed at any time. 14. What type of activity will SCAN respond to? The following is a list of common signs of suspicious or illegal activity. Alone, any of these activities or signs may not necessarily mean that drug dealing, drug producing, substance abuse, prostitution or any variety of other illegal activities are occurring on a property. However, a frequency of the following list of activities or a combination of them occurring on a property may indicate a problem. This list is not exhaustive and there may be other indicators. o Frequent visitors at all times of the day and night o Frequent late night activity o Windows blackened or curtains always drawn o Visitors with expensive vehicles o Unfriendly people who appear to be secretive about their activities o People watching cars suspiciously as they pass by o Extensive investment in home security o Strange odours coming from the house or garbage o Garbage that contains numerous bottles and containers, particularly chemical containers o Putting garbage out in another neighbour's collection area TARGETED PROPERTY AND OCCUPANTS 15. What does the Act mean by property? Property is considered to be a structure, business, house, apartment, suite, mobile home or land. 16. What does the Act mean by owner? An owner is a person who is the registered owner of the property; a person who is entitled to be the registered owner to the property; a person shown as the owner of the property in the municipal tax roll records; a person who manages or receives rent from the property; a guardian; a property decision-maker; an executor; administrator or trustee; or an attorney under power of attorney. 17. What happens to occupants living on a property? Efforts will be made to take care of occupants, including children, following eviction or closure. The legislation promotes cooperation amongst government and non-government agencies. Removing tenants from a residence is a last resort. The Act is very careful to provide due process to any owners or occupants directly affected by an order under this legislation, either by the court or by the Director. This Act is not criminal legislation designed to punish offenders. Rather, this is legislation to improve public safety in our communities. Page 4
If the case proceeds informally: o Tenants or property owners agree to make required changes such as cleaning up the property or making necessary repairs in a timely fashion. If the case proceeds through court: o All occupants of a property closed by a Community Safety Order leave it immediately, even if they have not been previously served with an order. o If an occupant does not comply with a request to leave, a peace officer can remove them from the property. o After leaving the property, and while the property is closed, no occupant can enter or occupy the property without the Director s consent. The Director may allow the owner to access the property to carry out any necessary repairs or improvements. 18. What happens to tenants who were not involved in the activities? Commercial and residential tenants who have not been involved in any illegal activities can apply to the court to allow them to return to the property. This application is to be made within 14 days of being served with an order, although the court may extend this time. SCAN AND POLICE 19. How will SCAN support police? The police are responsible for enforcing the Criminal Code and Controlled Drugs and Substances Act. These pieces of legislation deal directly with the offender and the behaviour, not the property where the criminal behaviour is occurring. SCAN can assist the police in dealing with the problem property. The result is illegal activities are removed from the community and a safer neighbourhood is created for the families that live there. SCAN investigators can also provide surveillance information to police that they may need in order to get a criminal warrant. Through a collaborative approach involving police and SCAN, the result will be safer neighbourhoods and communities. 20. Did SCAN consult with law enforcement before the legislation was introduced? Yes. Alberta Chiefs of Police were consulted before the legislation was introduced. SCAN AND LANDLORDS 21. How will SCAN support landlords? SCAN can help landlords remove problem tenants who disrupt neighbourhoods, destroy property, and bring property values down. 22. Who is responsible for costs incurred when a property is shut down? Page 5
SCAN will initially pay for the costs of closing and managing a property while it is closed, but landlords will be billed the property management costs afterwards (such as security to monitor the residence while it is boarded up). SCAN AND FIRST NATIONS 23. Will SCAN operate in aboriginal communities? The legislation will not apply on First Nation reserves. The Alberta Government intends to work with First Nations to develop a protocol to allow this legislation to be administered on First Nation land. 25 March 08 Page 6