Court of Appeal

NOVA SCOTIA COURT OF APPEAL

Citation:  Dixon v. Nova Scotia (Director of Public Safety), 2012 NSCA 2

Date:  20120105

Docket:  CA 343192

Registry: Halifax

Between:

Delilah Delores Dixon and

Peter Sheldon MacKinnon

Appellants

v.

The Director of Public Safety

Respondent

Judge:                   The Honourable Justice Peter M. S. Bryson

Appeal Heard:      October 13, 2011, in Halifax, Nova Scotia

Subject:                Government Law; Municipal Law; Regulation of Property.

Summary:             Director of Public Safety successfully applied for a community safety order against appellants.  They challenged the order alleging legal errors by Chambers judge when interpreting s. 7 of the Safer Communities and Neighbourhoods Act, S.N.S. 2006, c. 6 (“Act”).

Issues:                   (1) Did Chambers judge err in his interpretation of the words “habitually used” regarding alleged illegal uses of the appellants’ property?

(2) Did Chambers judge err by misinterpreting the term “reasonable inference” when considering the evidence of illegal uses of the appellants’ property?

(3) Did Chambers judge err in determining the need for a community safety order?

Result:                  Appeal dismissed.  Under s. 21 of the Act, appeals of community safety orders require leave and are confined to questions of law.  Leave was previously granted.  The Chambers judge did not err in deciding that the property was habitually used for the possession, use, consumption, sale, transfer or exchange of illicit drugs.  Recent convictions were not necessary to establish breach of the Act.  “Habitual use” for illicit purposes could be reasonably inferred from other evidence such as meeting with a known drug dealer and attendance at the property by known drug users.  The impugned activity need not be daily, continual or permanent.  Occasional activity implying ongoing conduct would suffice.  The need for a community safety order is a question of mixed fact and law and subject to the standard of palpable and overriding error.  The Chambers judge made no such error.