SCAN evictions likely won't make drug dealers go away, criminologist says

The so-called SCAN act may provide relief to neighbours, but it's a "blunt instrument" that likely won't address public safety issues at their core, according to a New Brunswick criminologist.

Michael Boudreau, a criminology professor at St. Thomas University, said the civil Safer Communities and Neighbourhoods Act may allow provincial officials to shut down buildings if they suspect illegal activity is happening there but it doesn't address where the evicted people will go next.

"If anyone who was evicted was engaged in drug trafficking, they're probably not going to stop. And they'll just set up someplace else in the community," he said.

Boudreau's comments come after at least eight people were evicted from an apartment building on St. Stephen's Schoodic Street. SCAN officers investigated community complaints and found evidence of illegal drug activity. 

Under SCAN, no criminal charges need to be laid or proven for an eviction to take place, but provincial officers must get an order from a judge to shut down a property or business.

The provincial government has made amendments to tighten up the act this spring. According to the New Brunswick Court Index, there has been one application for a shut-down order each year since 2017, but this year, three have been filed so far.

There are no court records related to the SCAN operation on Schoodic Street. According to the act, the SCAN director can "attempt to resolve the complaint by agreement or informal action," and "take any other action that the Director considers appropriate," before applying for a shut-down order from the court.

Judy Désalliers, spokesperson for the Department of Justice and Public Safety, would not comment directly about the St. Stephen case.

She said in cases where there's no court order to evict, SCAN officers can still help end resident leases through the traditional process, where a landlord can evict because of late rent or property damage.

"[SCAN] does not permit evictions in absence of a court order signed by a judge, but there are occasions where investigators do partner with the Department of Social Development, landlords, and the Residential Tenancies Tribunal for support in the eviction process," she said.

Désalliers said the last time a judge ordered a building shut down was in May 2021. Since April 2021, however, 62  properties have been vacated as a result of a SCAN investigation, she said.

"Properties vacated means that either a person left voluntarily on their own after being served with a warning or they were evicted by their landlord (if renting)."

'It's just been hell'

Wendy Gilmore lives on Schoodic Street and said residents have been "under siege."

"I find a whole bunch of syringes under my porch," she said. "All our cars have been broken into. There was like five cars in one night.

"It's just been hell," she said.

She said she was "thrilled," and "we all slept really well that night," when the eviction took place, but she's concerned about the issues returning.

"What then?" she said.

Affidavit shows example of SCAN investigation

There are currently at least three shut-down orders awaiting to be heard by a judge in the province, according to the court index.

One was filed against an owner of a house in Miramichi, who had already received one SCAN shut down order in 2020, according to court documents.

Another is against a resident of a mobile home in Fredericton suspected of dealing drugs.

SCAN director and former police officer Jeff LaFrance wrote an affidavit to support the Fredericton application.

The affidavit said he watched who was coming and going to the home for 78 hours in February. There, he noted 32 "short visits identified as being consistent with drug trafficking activity," that lasted between two and five minutes.

Officers saw 66 visits in total during those three days, wrote LaFrance, who said in the affidavit that he's been involved in more than 600 investigations since he joined the SCAN unit in 2016.

"This type of activity is not typical for a residential property," he said.

He also said he saw multiple people going in or out of the home with large garbage bags, which he said is "consistent" with stolen goods being used to pay for drugs.

He also ran licence plates for multiple vehicles, found the names of the owners, and ran those names through a criminal justice database to find out if they have any criminal history. 

He also spoke to police officers who confirmed some visitors were known to police.

He said he'd seen enough evidence to prove that the people living in the home were dealing drugs. 

On March 23 he presented the residents with a warning that says if the alleged illegal activity doesn't stop, the unit will apply for the shut-down order.

The activity didn't stop, he said, so he presented the residents with a "voluntary eviction notice" in April. He said the residents didn't leave and the short visits continued.

On July 29 LeFrance applied for the mandatory shut-down order. No hearing date has been set yet.

Residents can argue against shutdown order

Under the act, anyone can make a complaint if they suspect a resident is producing, selling or using illegal drugs, involved in prostitution, promoting organized crime or is involved in child sexual abuse.

Residents are notified of the court hearing, and would have to prove no illegal activity is happening.

Boudreau said the fact that no criminality needs to proven is concerning.

"It runs counter to the criminal justice system in terms of you are innocent until proven guilty," he said. "Here, it's you're guilty until you prove that you're innocent."

He also said not everyone has the knowledge or means to defend themselves.

Boudreau said using SCAN is likely tempting for communities where police forces don't have the resources or evidence to lay charges, but the alleged activity is still affecting the quality of life in the neighbourhood.

"It does, I think, underscore a growing sense of frustration, especially in rural areas, with the lack of adequate policing. And so this has become an instrument, albeit perhaps a blunt instrument, but something that does produce results for them," Boudreau said.