N.W.T. Proposes Urgent SCAN and Civil Forfeiture Laws, Faces Backlash

UPDATE: The Northwest Territories is moving forward with the proposed Safer Communities and Neighbourhoods (SCAN) Act and Civil Forfeiture Act, aimed at combatting rising drug-related crime. However, these legislative efforts are already facing significant backlash from civil liberties advocates and community members concerned about their implications.

Officials just announced public meetings to gather feedback on the proposed laws, which are still in the drafting phase and will remain open for input until the end of the month. The urgency for these measures comes amid increasing reports of drug-related incidents throughout the territory.

Under the proposed Civil Forfeiture Act, the N.W.T. government could seek court orders to freeze and seize properties suspected of being linked to profit-motivated crimes. This could include homes, vehicles, and cash. Alarmingly, the government would also have the authority to seize property administratively, bypassing the court system entirely in certain circumstances.

Justice Minister Jay Macdonald defended the legislation, emphasizing it as a necessary tool to deter crime by targeting its financial rewards. “This is a tool that’s in the toolbox for specific cases,” he stated.

Conversely, critics warn that these measures could disproportionately impact vulnerable groups. The Canadian Civil Liberties Association voiced concern that investigations under the SCAN Act could unfairly target Indigenous and racialized communities, as well as those living in poverty. The SCAN Act would empower officials to investigate properties based on confidential public complaints, potentially leading to evictions without sufficient oversight.

Renowned N.W.T. lawyer Melanie Begalka highlighted the risks associated with civil forfeiture, noting, “I’ve seen civil forfeiture result in so much unfairness.” She explained that innocent individuals could lose their assets simply because someone in their household is suspected of criminal activity.

Compounding concerns, a resident from Hay River questioned the effectiveness of SCAN officers, suggesting that their powers might not extend beyond existing landlord-tenant frameworks. “If the SCAN officer has no more say than our MLA, or the housing authority, then I’m not certain that there’s a point to it,” they remarked.

Despite the potential for community impact, some residents feel these laws do not go far enough to address the ongoing drug crisis. The proposed SCAN Act aims to create a task force of officers to investigate complaints, but there are fears that they may not have the necessary authority to enact meaningful changes.

Additionally, former MLA Michael Miltenberger expressed skepticism about the introduction of new government agencies, stating, “It sounds like they intend to create another arm of government that may or may not be uniformed.” He raised concerns that this may only perpetuate existing issues rather than resolve them.

The government asserts that proceeds from civil forfeiture could be redirected to support victims and fund community programs. However, many remain doubtful that these measures will effectively tackle the root causes of crime.

As public meetings continue, the fate of the SCAN and Civil Forfeiture Acts remains uncertain. The N.W.T. government aims to pass these laws by the end of the current legislative assembly, heightening the urgency of community input.

Stay tuned for further updates as this story develops.