Yukon gov't applies for SCAN eviction order for Whitehorse house alleged to be drug trafficking hub

The Yukon government has applied for an order under the Safer Communities and Neighbourhoods Act to temporarily evict the occupants of a house in Whitehorse's Copper Ridge neighbourhood alleged to be harbouring drug activity. 

In a petition filed to the Yukon Supreme Court late last month, the territory's director of public safety and investigations alleges that a more than year-long investigation "gave rise to the reasonable inference" that the home on Topaz Crescent "is being habitually used for drug trafficking." 

The petition requests that the court grant a community safety order that would require all occupants to leave the house within 14 days, with no one allowed to then enter the property during the following 90 days. 

It's the first time in three years that the government has sought a community safety order under the act, commonly known as SCAN. 

The petition names homeowner Henry Jim Johnson as the respondent. While Johnson, according to other documents filed with the petition, isn't the "primary drug trafficker" at the property, he and his daughter are accused of being "fully complicit with the activity." 

The alleged "primary drug trafficker" lives at the house. 

Johnson has not yet filed a reply with the court. Reached at his home on Thursday, Johnson denied selling drugs and declined to comment further. 

The SCAN process is separate from the criminal justice system, with no police involvement or criminal charges laid. Instead, a Yukon government SCAN unit is responsible for receiving complaints about and then investigating certain activities that may negatively affect a community, including drug trafficking, bootlegging and child sexual exploitation. While the criminal justice system targets individuals, SCAN focuses on properties and uses measures like evictions to disrupt the activities taking place at them. 

While described by the territorial government and some First Nations as a valuable community safety tool, SCAN has also come under fire by community advocates who say it disproportionately impacts marginalized people. A Yukon judge earlier this year struck down a portion of the act that allowed for evictions with just five days' notice. 

Investigators observed 'law enforcement evasion techniques'  

The investigation into Johnson's house, according to the petition and supporting court documents, began in August 2023 after the SCAN unit received a complaint about the property. It also received a follow-up complaint in January 2024. 

The investigation, which went on until this October, included in-person and video surveillance of the property. Affidavits by five SCAN investigators allege that there were frequent short visits to the house, the use of "law enforcement evasion techniques" like switching between vehicles registered to different people, and the presence of "known drug and violent offenders."

An investigation report accompanying one of the affidavits alleges that investigators observed the alleged trafficker at the property selling drugs in the community and then returning to the house. He's also alleged to have used seven different vehicles throughout the investigation, none of which were registered in his name. 

"He takes advantage of drug users and vulnerable people and takes over their vehicles and residences so he can continue to evade law enforcement detection," the report claims. 

Investigators, the report continues, saw Johnson in his vehicle with the accused dealer twice, during which the latter purchased and smoked crack cocaine. They also saw the alleged dealer driving Johnson's vehicle, and saw Johnson's daughter in the vehicle with him as he was trafficking in the community.  

While some neighbours told investigators they weren't aware of any problems with the house, the report says others said the property had been a "problem" for years and that drug trafficking was taking place "without a doubt." 

Investigators served Johnson's daughter and the alleged drug dealer's girlfriend with warnings last year, the report says, but the "drug trafficking activity did not decrease… and increased around the community."

The report recommends seeking a community safety order to "curb these illegal activities, ensure public safety and provide respite to the surrounding neighbourhood."

The government's petition notes that Johnson's house is located in a "densely populated residential area, where residents are frequently out in their yards or walking the neighbourhood." 

The parties will set a date for the hearing of the petition later this month.