Minister of Justice Tracy-Anne McPhee has issued the following statement:
“On September 5, 2024, the Yukon Supreme Court found that Section 3(2) of the Safer Communities and Neighbourhoods Act was unconstitutional making it no longer in force. That section allowed a landlord of a property that is subject to a substantiated complaint to terminate a tenancy or lease agreement with five days notice with the support of the SCAN Unit.
“Safe communities and neighbourhoods are important to the health and vitality of our territory, and the Government of Yukon continues to work on this important issue.
“The Government of Yukon will not be seeking to appeal this decision. That particular section of the SCAN Act was rarely used and has not been used at all in the past four years. The SCAN legislation and unit will continue its work to keep our neighbourhoods and communities safe.
"The Department of Justice is currently working to review the SCAN Act and will take this important court decision into account.”
-
The SCAN unit works to support parties to resolve conflicts, access the supports and services they need, and take subsequent actions when all other alternatives have failed and the safety of the community is at risk. Since 2021, the SCAN Unit has made over 285 referrals to other agencies and non-governmental organizations such as Family and Children’s Services, the RCMP, Yukon Housing Corporation, First Nations governments, municipal governments, Safe at Home Society, Yukon Anti-Poverty Coalition, Blood Ties, Grey Mountain Housing and others. The SCAN Unit works with landlords, tenants, community members and partners to resolve disputes with minimal disturbance while disrupting illegal activities and enhancing community safety.
-
The Residential Landlord and Tenant Act (RLTA) allows landlords to address illegal activities and other issues that are adversely affecting the quiet enjoyment, security, safety and/or physical well-being of another tenant, the landlord, or a person in an adjacent property.
-
Following the court’s decision, landlords choosing to evict tenants for reasons relating to SCAN investigations are required to provide a 14-day eviction notice under the Residential Landlord and Tenant Act. This ensures that both tenants and landlords have ready and equal access to justice through the Residential Tenancy Office and adjudication under the RLTA and addresses the issues of procedural fairness identified by the court in the Wright decision.
-
When the landlord gives a 14-day notice of eviction under the RLTA, they must also give the tenant a reasonable opportunity to correct the situation. The tenant may dispute the eviction by filing a notice with the Residential Tenancy Office within five days.
Laura Seeley
Cabinet Communications
867-332-7627
laura.seeley@yukon.ca
Jasmine Doll
Justice Communications
867-667-8114
jus.comms@yukon.ca