Judge rules Whitehorse man can stay at his house, orders eviction of others

A judge has ruled to evict all but the owner of a Whitehorse home because of suspected drug activity. 

There are two key pieces to Justice Karen Wenckebach's decision, which she read out in a Whitehorse courtroom Monday: drug activity at the property in the neighbourhood of Copper Ridge is indeed happening, and it's having a negative impact on the surrounding community.

The Yukon government had been working to have Henry Johnson and others temporarily removed from Johnson's home under SCAN legislation. The Safe Communities and Neighbourhoods Act is separate from the criminal justice system. Police aren't involved and individuals aren't prosecuted. Rather, SCAN focuses on properties and uses measures like evictions to disrupt suspected drug activity. 

Advocates say it disproportionately targets historically marginalized communities. Johnson is a First Nations man.

While Johnson has been aware of drug activity, he hasn't been involved, Wenckebach said.

"He is not the major problem here," Wenckebach said.

"Something must change so it stops. The question is whether it will."

Wenckebach said she's confident drug activity — which includes storing, using and dealing — can indeed come to an end if Johnson takes action against it.

"You have to do everything to prevent drug activity from continuing in your home," she said, adding Johnson would be found responsible if it does.

If evicted, Wenckebach said Johnson would face "undue hardship." Forcing him out of his house could lead to mortgage arrears, she noted.

Last week, Johnson testified in court that he would fall on hard times with no place to go if removed from his property.

The court order, which will be posted on Johnson's property, will remain in effect for 12 months. As well, investigators with SCAN may continue to surveil the property.

Judge orders others be evicted

Johnson has said previously that two people live with him — a daughter, who Johnson told the courtroom grapples with epilepsy and can't be left alone, and a man named Darryl Hewitt.

Wenckebach ordered both people vacate the house in one month. They will be prohibited from the property for 12 months.

"I'm aware of the effect of homelessness on vulnerable people," said Wenckebach, adding that Johnson's daughter is "quite vulnerable."

Still, evidence collected as part of the SCAN process strongly suggests the drug dealer is the partner of Johnson's daughter, Wenckebach said.

Having just Johnson at the house will ensure drug activity stops, she said.

It's not clear why Hewitt must vacate the property. Wenckebach said there's not much evidence about him as part of the case.

Hewitt, visibly emotional, reacted to the decision that he will soon be evicted, saying "this is going to put me on the precipice."

Hewitt said he suffered a stroke recently and he's been focused on his recovery. 

"This is going to make it that much harder.

"I've lost all my family. All I have is my dog. He's all I have left. It's harder to find a place with a dog. I don't want to get rid of my dog."

Wenckebach closed her eyes and nodded. 

"I don't take these decisions lightly," she said.