Eviction without conviction
STORY BY
DONALEE
MOULTON
A CAPE BRETON couple and their children are waiting to hear if they’ll have a home to call their own. The
Nova Scotia Court of Appeal is determining if the
family can be evicted following complaints from neighbours that the house is being used as a drug den. The
decision will break new legal ground in Canada.
“It’s the first time a community safety order has
made it to an appeal court in any jurisdiction,” said
Tony Mozvik, a lawyer with Breton Law Group in Sydney, who is representing homeowners Delilah Dixon
and Peter MacKinnon.
Community safety orders are relatively new in Canada; only five jurisdictions have such legislation in
place, he added.
Under the Safer Communities and Neighbourhoods
Act, which became law in Nova Scotia four years ago, individuals can be removed from their home if they are
engaging in an illegal activity that disrupts the neighbourhood. A conviction is not required. See Eviction Page 13
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