N.W.T.'s proposed SCAN and civil forfeiture laws criticized as potentially unfair, redundant
CBC
In the face of rising drug-related crime, the Northwest Territories is developing legislation that lawmakers say will promote public safety — but the proposed laws are being criticized by people concerned about civil liberties, and those worried about safety in their communities.
Details are light on the proposed Civil Forfeiture Act and the Safer Communities and Neighbourhoods (SCAN) Act. The government has released a short backgrounder, but bills have not yet been drafted.
The territory is holding public meetings and seeking input on the legislation through the end of the month.
Under the Civil Forfeiture Act, the N.W.T. government could apply for a court order to freeze and seize property it suspects was gained from, or used to carry out, a profit-motivated crime, or is likely to be used to commit crime. Property could include homes, vehicles and cash.
In certain cases, the government would be able to seize property through an administrative process, without going to court.
The government’s goal with civil forfeiture is to deter crime by going after its profits.
The SCAN Act would allow Justice Department officials to launch investigations into homes suspected of being used for illegal activity, based on confidential complaints from the public.
It would create a team of SCAN officers tasked with investigating complaints. These officers could resolve complaints informally, or escalate them to the rental officer or RCMP.
Notably, SCAN officers would be able to make applications to the rental officer that could lead to tenancy terminations and evictions.
Right now, only a landlord or tenant can make applications to the rental officer.
Though several Canadian jurisdictions have civil forfeiture and SCAN laws, some controversy surrounds them. In 2024 for example, a judge struck down a section of Yukon’s SCAN Act, which allowed for evictions with just five days’ notice, deeming it unconstitutional.
The Canadian Civil Liberties Association says SCAN complaints and investigations could disproportionately affect Indigenous and racialized communities, and people living in poverty.
Meanwhile, critics of civil forfeiture worry it could penalize people who haven't been convicted of a crime, or result in innocent people — like grandparents or young children — losing assets because someone in their household is suspected of criminal activity.
“I've seen civil forfeiture result in so much unfairness,” said Melanie Begalka, an N.W.T. lawyer who has experience with the B.C. and Ontario civil forfeiture systems.
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