Alberta considering a single trial court

The justice process can often be difficult and confusing for the parties involved. As part of its dedication to making the system more accessible and efficient, Alberta Justice is exploring the possibility of a single trial court.

A single trial court would create a brand new court that combines the best features of our two current trial courts — the Court of Queen’s Bench and the Provincial Court — with some new features that will improve access to justice, create administrative efficiencies and cost savings that could be reinvested, and ultimately streamline the system.

Under this model, the single trial court would be divided on horizontal rather than vertical lines, and would have four divisions: criminal, family and youth, commercial and general. The court would sit year-round in the 75 locations currently served by the Provincial Court.

“Over the years, the legal distinction between superior and inferior courts has been reduced considerably,” said Justice Minister Dave Hancock. “Our justice system is based on an outdated structure that hasn’t changed much since the 19th century. Albertans deserve a system that can address their 21st century needs and priorities.”

For instance, currently only two per cent of all civil court cases go to trial. To address this reality, a single trial court would include a variety of alternative dispute resolution processes such as mediation and judicial dispute resolution that will help parties resolve their disputes at the earliest possible time with the least amount of cost.

Services could also be made available through the court that would provide treatment, counseling and courses to address fundamental problems such as family violence and drug addiction.

A similar unification process occurred in California in 2000. Although it works in a different constitutional framework, the California single trial court is already reporting some very positive results. They include greater cooperation and teamwork among the judiciary, other branches of government and the community; more uniformity and efficiency in case processing, and more timely disposition of cases; and finally, the courts overwhelmingly report that they now speak with one voice when dealing with the public or other organizations.

The unified trial court would be a significant change to the province’s court system and as a result, during the coming months, Alberta Justice will be consulting with the legal community, the judiciary, the federal government and the public on this project.

Justice initiatives focus of meeting at Stoney Reserve

In a move designed to improve delivery of justice services to those on the Stoney Indian Reserve at Morley, over 60 people met on January 17, 2003 to discuss justice issues and initiatives. The meeting, initiated by Provincial Court Judge John Reilly, included participation from each of the Nakoda (Stoney) First Nations (Wesley, Chiniki and Bearspaw), the Crown, the defence bar, probation, Legal Aid, Native Counselling, victims services, the RCMP and a number of people involved with wellness programs on the reserve. Topics of discussion included the need for community involvement in the justice system, the Tsuu T’ina peacemaker program, and policing and victims services.

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