Consultation Reports

INDEX
- Introduction
- Alberta Department of Justice Submission
- Justice Business Plan 1998-1999 to 2000-2001 (no longer available online)

Summary of submissions received from other
Alberta Government departments and staff
- What are the Key Issues Facing the Alberta Justice System?
- What Needs to be Done to Deal With Those Issues?
- Public Confidence in the Justice System
- Victims - Their Rights and Their Involvement in the System
- Youth and the Justice System
- Policing
- First Nation, Metis and Inuit Justice
- Barriers to Accessing Justice
- Alternatives to Existing Justice Processes
- Other Questions the Summit May Wish to Consider

While the Alberta Department of Justice is responsible for overseeing the administration of justice in Alberta, all government departments, just like all Albertans, can be affected by the workings of the justice system. Consequently, the Honourable Jon Havelock, Q.C., Minister of Justice and Attorney General, invited all provincial government departments to submit their concerns about the system and their ideas for change as part of the Summit on Justice consultation process. The responses received form the basis of this submission. This document is divided into two parts. The first part is the Alberta Department of Justice submission and the second part is a summary of the submissions received from other government departments and staff.

In announcing plans to convene the Alberta Summit on Justice, the Minister cited polls that indicated low levels of public confidence in certain elements of the system. One of the polls referenced by the Minister was conducted specifically for the Alberta Department of Justice in order to gauge overall "public satisfaction" with the justice system. As a performance measure, public satisfaction helps the Department determine how well its goals are being achieved.

It is hoped that the Alberta Summit on Justice will result in recommended actions for enhancing public confidence in the justice system. The Department of Justice is anxious to hear these recommendations. Those recommendations that are accepted by the government, and which fall to Alberta Justice, will be incorporated into the departmentís future business plans.

Negative perception of justice system

• The public is "justitutionalized"
• It is a "just us" system.

Young Offenders

• One of the key issues facing Alberta Justice and Alberta Education is the prevention of youth crime and violence in schools.
• Maintaining a safe and caring environment for students.
• Dealing with young offender charges and updating the Young Offenders Act to give it "more teeth" regarding prevention/rehabilitation.

The court system/sentencing

• Lengthy court delays.
• Laws must be redefined.
• The adversary nature of the court process.
• Inconsistencies in sentencing and dispositions between judges and between jurisdictions.
• Effectiveness of the use of intermittent sentences and criteria for use of conditional sentences.
• Equitable treatment of genders in child custody cases.
• Providing "fair and equal" services to all citizens.
• There are too many offender "rights".
• Plea-bargaining.

Offender Management

• The management of repeat offenders (recidivism) and violent offenders.
• Increased admission to jail of offenders with mental health disorders due to cutbacks in the mental health system.
• The high number of offenders with alcohol and drug related offences/problems.
• Lack of sufficient funding to maintain a high standard of treatment programs for offenders.
• Organized crime (i.e. Hells Angels).

Communication/Coordination

• Lack of coordination and understanding between the various segments of the criminal justice system (i.e. police, Crown, judiciary, and corrections).
• Albertans are only aware of what they see and read in the newspaper.

Victims

• Better protection for victims.
• Lack of resources for victims.
• The victim compensation mentality seems to have gone to extremes (i.e. Is the government responsible for every aspect of people's lives?).

Other

• The need to attract and retain Crown prosecutors who can deliver service excellence.
• The stressful and demanding environment in which Crown prosecutors must work.
• Clarification on the issue of which is the higher authority - the courts or the legislature? Recent events seem to have confused this issue.
• Does legislation drive the courts or is it the other way around?
• Delays in the process.
• Cost.
• Access.

Negative Perceptions of the justice system

• The Justice Summit is a good start. Ensure that a process is developed to implement and monitor change pursuant to the recommendations, rather than continued debate.

Young Offenders

• Young offenders have to accept responsibility for their actions.
• Parents, as guardians, need to be held responsible for the actions of their children. This can include providing compensation to victims.
• Stronger elements of deference and rehabilitation need to be incorporated in the Young Offenders Act.

The court system/sentencing

• Develop more definitive sentencing guidelines to avoid gross inconsistencies in sentencing and "judge shopping".
• Hold judges more accountable for their decision making.
• Streamline court process to avoid lengthy delays by considering extending court hours to include night court; exploring restorative justice approaches; and by increasing the use of diversion programs.
• Review the criteria and parameters for the use of conditional sentences and intermittent sentences.
• Ensure that those in the justice system are gender and culture sensitive. Currently, it appears many of them have little awareness of the environment/situation of those they protect, prosecute and judge.

Offender Management, Programs and Services

• Reinvest in the system to promote issues of safety, security, accountability of offenders, and programs to decrease crime (preventative crime strategies, rehabilitation, recidivism etc).
• Focus and reinvest in the following areas:
  - early intervention/prevention programs;
  - alternatives to custody;
  - increase and enhance existing community programs, especially aftercare and half-way houses to assist in reintegration;
  - increase treatment and rehabilitation programs for both community and custody settings; and
  - link successful program participation to early release or termination of probation.
• Deal with "non criminal" mental health "offenders" in the health system.
• Develop and enforce mandatory programs for all high risk offenders and those involved in family violence.
• Redirect impaired drivers with no other criminal history, to treatment.
• Use alcohol treatment facilities for offenders serving alcohol-related fine default time.
• Develop a long-term approach to inmate education, focusing on it being an agent of change, a crime prevention strategy and a program that serves the community and offenders.
• Stricter qualifications need to be established for determining bail and parole.
• Treat inmates like inmates.
• Institute sex offender programs as soon as possible.
• There needs to be more follow-up and mandatory reporting for offenders released from jail.

Communication and Coordination

• Increase communication and dialogue among the public, victims, offenders and criminal justice agencies.
• Educate the public and staff within the Department of Justice about the roles of the various components and divisions within the department.
• Make judges, Crown and defence lawyers more familiar with custodial options.
• Increase communication among partners in the system.
• Obtain a commitment from all levels to obtain the technical expertise, resources and equipment to communicate more effectively and do more work with limited manpower.
• Use user friendly language.
• Child Support Guideline Information Centres need to expand into providing information on issues of access and custody.

Victims

• Victims ("all citizens" includes victims) should be confident that the justice system protects their interest as much as the interests of those who have victimized them.

Other

• Maintain Crown prosecutor salaries at a level that is competitive with the private bar and reflective of the market place.
• Hire additional prosecutors to ensure that they are afforded adequate preparation time to maintain service excellence.
• Hire more paralegals to assist prosecutors.
• Ensure prosecutors receive proper training to deal with complex and expanding legal issues and to keep abreast of developing technology.
• Increase salaries and improve correctional services staff morale.
• Develop strategies to enhance prosecutor moral.
• Alberta Education, in consultation with Alberta Justice and school districts should:
  - establish the legal framework for safe schools and for the conduct of those on school property. The legal framework includes, but is not limited to, United Nations Convention on the Rights of the Child; Canadian Charter of Rights; Criminal Code; Young Offenders Act; provincial legislation governing schools, child welfare, human rights, etc.; common law, case law and principles of natural justice.
  - provide for the development, administration and delivery of resources, programs and services to promote safe schools (e.g. resource officers, police in the schools);
  - protect the public interest in violence-free schools and ensure the protection of individual rights, including the constitutional rights of those within the system of education;
  - establish a province and district-wide policy and be accountable for the implementation and evaluation of that policy. Violence prevention in schools starts with effective policies that are developed by school boards and schools to comply with legislation and reflect the principles consistent with support, safety and security in the school.
  - ensure fair and equitable access to education for students, subject to reasonable limits and within the principles of natural justice.

Strengths of the current system

• Strengths of the system include:
  - an experienced, professional and dedicated workforce;
  - community policing;
  - the use of mediation in civil court;
  - diversion programs;
  - sharing of criminal information across Canada;
  - the Parenting after Separation course; and
  - Youth Justice Committees.
• A person is innocent until proven guilty and that's how it should be.
• There is no strength, there is only power and authority.
• An independent judiciary is fundamental to the pursuit of justice. There has been the suggestion that we adopt an electoral process dealing with our provincial judges. Requiring judges to be elected interferes with their ability to independently interpret the law. The concern (perceived or apparent) is that the judges will look to the electorate in determining their cases as opposed to the law. This is not an acceptable state of affairs.

Issues

• Public concern about early release of offenders (particularly violent offenders); public notification of the release of sex offenders to the community; and rising youth crime and increased seriousness of youth crime.
• Lack of communication between the public and justice agencies. The public has little concept of what happens at any stage in the justice system and their main source of information is the media, which is often inaccurate.
• Wealthy people who can afford lawyers get off on technicalities.
• The public needs to see that justice is done.
• Even when victims are awarded restitution they know it will never be paid.
• With the repatriation of the Constitution in 1982 and the implementation of the Canadian Charter of Rights, the problems of enforcing justice in every field have become much more difficult. The present Supreme Court would appear to be focussing upon individual rights as opposed to protection of the public.
• Special groups dictate how the system should work.
• The public would have more confidence if it knew more about the system.

Recommendations

• The Court should give more careful consideration to the proviso in section one of the Charter, which makes the rights and freedoms subject to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. This consideration has been conspicuously absent in a number of decisions out of our Supreme Court.
• Business needs a clear and consistently applied set of law codes that encompass contract and commercial agreements and operations. A justice system that is fair, sound and has the confidence and trust of both the public and business is a key component of the Alberta Advantage.
• Educate the public on how the criminal justice system operates by:
  - making the system more accountable to the public;
  - seeking out creative ways to involve the public in the system (e.g. crime prevention, advisory committees, victims services units etc.);
  - improving the response time between offence and disposition in court;
  - increasing victim involvement in the system;
  - ensuring, through legislation, that protection of the public is paramount;
  - emphasizing alternatives to custody for minor offences and lengthier sentences for serious offences; and,
  - addressing the "appearance" of lenient/disproportionate sentences through better information to the public.
• Develop positive partnerships with the media and communicate "good news" stories.
• Ensure Alberta maintains its positive image as a safe place to live and visit (e.g. maintaining victimsí rights).
• Stop making political appointments to the parole board. Appoint individuals with experience in the system.
• Getting acquitted on the basis of a technicality should be reassessed.
• Increase workcamps and bootcamps.

Issues

• The legal complexities of the court system contribute to re-victimizing the victim. They often feel unsatisfied, confused and angry with the court procedures and final outcome.
• Although the current Criminal Code provisions regarding victim impact statements were intended to provide an increased opportunity for victim involvement in criminal proceedings, in some instances, the victim may unknowingly be operating against his or her best interest in exercising that right. Use of the victim impact statement as evidence during the trial is contrary to the spirit of the legislation and doing so, unless the victim makes an informed choice to offer the information as evidence for the trial, may result in a sense of betrayal and further trauma for the victim. However, if the statement is not filed with the court until after the determination of guilt, victims may lose their right to have a victim impact statement considered by the court as an adjournment is necessary in order to have a victim impact statement admitted.
• It is clear that the recognition of victims rights and the necessity to provide means to meet their needs is going to continue to expand for the foreseeable future and decisions will be needed regarding the allocation of scarce resources. It is also apparent that there are currently a wide-range of victim priorities and diverse models of service delivery employed throughout this country.
• Federal victim surcharge revenues in the province have been steadily declining since the Criminal Code victim surcharge provisions came into effect in 1989 and have been insufficient to support program demands. As lack of funding is a major factor in responding to the needs/concerns of victims of crime, a federal strategy to support victims must include some responsibility to ensure an adequate level of funding to the provinces/territories for the provision of services.
• Everyone becomes a victim of crime. It must be looked at totally, not individually.
• Children enter the Child Welfare protection system because they have been neglected or abused, yet these children are further victimized by extended disruption and uncertainty in their lives due to unreasonable court delays, particularly in the Edmonton and Calgary judicial districts.
• The judiciary requires ongoing education in the dynamics of power and control in violent relationships. Some Judges continue to blame the victim by failing to recognize that the abuser is responsible for his/her own behaviour.
• The judiciary needs to be cognizant of the problems inherent in ordering joint custody of children where a high level of parental conflict or serious power imbalances (with or without abuse) exist. When the victimized spouse is the custodial parent, court mandated joint custody places the victim in the untenable position of having to have regular contact with her/his abuser. Moreover, the children become pawns in the abusive relationship.
• In the school environment, one key issue that affects victims is that the definition of violence is limiting.
• In the school environment, victims of violence do not report most incidents of violence because they fear reprisal and peer retaliation, and they believe that these behaviors are normal. There is a general lack of satisfaction with how victims are supported and how school staff deal with perpetrators.

Recommendations

• That the federal Department of Justice initiate research to examine and make recommendations to lessen adjournments/delays in criminal justice proceedings.
• That the Criminal Code be amended to expand the use of publication bans and to provide greater protection, when a publication ban is in place, against a victimís identity being published.
• That the Criminal Code be amended to restrict personal cross-examination by the accused of witnesses under the age of eighteen years or victims who have suffered personal injury as a result of the alleged offence.
• That the federal government further research restorative justice programs to ensure that the best interests of victims are served.
• That further research on victim impact statements (their use, program characteristics, legal issues, victim and system satisfaction, etc.) be undertaken by Justice Canada to ensure that Criminal Code provisions regarding victim impact statements serve the interests of victims of crime.
• That Justice Canada provide funding to assist provinces/territories in the development and operation of victim assistance programs.
• That Justice Canada work with the provinces/territories to devise guidelines for the provision of services to victims of crime.
• That Alberta establish a mechanism to coordinate the delivery of services to victims among police, Crown, courts, corrections, other provincial government departments and private sector agencies to ensure the safety of victims and to ensure that victims are treated in accordance with the principles of the Victims of Crime Act.
• That the federal government amend fine surcharge provisions in the Criminal Code to provide for a mandatory minimum surcharge.
• That the federal government provide adequate funding to assist provinces in the development and ongoing operation of victim programs.
• That Alberta explore establishing victim support programs in Crown Prosecutorsí offices in larger centres to provide victims with information about the prosecution of their case.
• That Alberta conduct a review of relevant criminal justice and corrections policies through a "victims' lens".
• That province-wide procedures be developed for notifying victims of offender release.
• That the province actively facilitate a partnership with the media to increase public awareness about programs and services available for victims of crime.
• Inform victims of court procedures and allow them to participate in the process. Ensure their perspective is part of the court process.
• Increase the use and significance of victim impact statements as they relate to sentencing.
• Police should give an impact statement form to all victims and the court should consider submitted victim impact statements in all cases.
• Sensitize judges on how to deal with victims.
• Amend the Freedom of Information and Protection of Privacy Act or draft other legislation to allow and require greater sharing of information with victims, including notification of the release of serious/violent offenders.
• Inform victims of their rights regarding compensation.
• Enforce mandatory restitution for victims who have suffered a financial loss. Garnishee wages if necessary until the debt is paid and develop a restitution program for youths that have no funds; the "wages" from which would go directly to the victim.
• Increase funding for victimsí programs related to reconciliation, trauma, counselling and support.
• Enhance efforts to increase victim participation in mediation and alternative measures.
• Develop a victim information "booklet" that will advise victims exactly what they can and cannot expect to have happen through the justice system and how they can access additional information and services.
• Violence in schools should not only be recognized in the physical extreme forms such as stabbing, fighting, arson and/or thefts, but must include non-physical acts such as verbal harassment, bullying, intimidation and/or exclusion by a peer group. By recognizing non-physical acts, this new definition would provide recognition of the more subtle forms of violent behaviors and provide a basis of support for victims.
• Schools must be able to facilitate quick, effective, legal, coordinated responses to situations ranging from minor disruptions to serious violent incidents or other unforeseen emergencies. A School Disaster Plan and a Crisis Response Plan dealing with potentially violent and emergency situations must be in place and activated as needed.

Issues

• Although the Young Offenders Act is broad enough to allow for a wide variety of dispositions for serious and non-serious offenders, sometimes inappropriate dispositions are given.
• The Young Offenders Act is too lenient.
• Lengthy time delay involved in transferring serious young offenders to adult court.
  Increased gang activity among youth.
• Since 1993-94, the proportion of AADACís total treatment referrals coming from the "legal system" has been steady at about 12%, averaging about 3700 admissions per year. However, in the area of youth treatment, the legal system currently provides more than twice the proportion (28%) of clients seventeen years and under.
• The system's laxness and loopholes are blatantly clear. It appears that those youth who commit the crimes have disrespect for authority and "the system". They seem to have figured out how to "beat the system", so if/when they are caught, it seems to be of little consequence. A crime is a crime regardless of the age of the person who has committed it.
• There appears to be some tension between the judiciaryís need to hold an open court so as to be accountable to the public and the rights of a child to privacy during a child protection hearing. Though the Child Welfare Act provides that at the outset of a child protection hearing the court shall inform the parties of their right to make an application to exclude persons from the hearing, the judges rarely, if ever, make this statement. The lack of a private hearing has resulted in release to newspaper reporters of transcripts of child protection hearings, because documents filed with the court are normally a matter of public record.
• The judiciary appears to be reluctant to grant Permanent Guardianship Orders wherein the government becomes the guardian of a child and the parental guardianship rights are severed or subsumed under the governmentís rights. Though the Child Welfare Act requires a permanent decision to be made for every child who has cumulative time in the governmentís care of two years, because the court may extend this time by one year in exceptional cases and because of court delays (lengthy adjournments), it is the norm for children to be in the governmentís care for three years, and sometimes up to five years before a permanent decision is made by the court.
• Many children who are in the child welfare system are also young offenders. These dual status children are a particularly vulnerable population because they have been removed from their families by child welfare and have been placed in the criminal justice system by courts. Young offenders who do not have dual status are observed to be even more vulnerable to abuse or neglect within the justice system. The Children's Advocate advises that some youths involved in crime are bereft of persons who can advocate for them within the justice system.
• Young Offenders have social problems and more often than not, come from dysfunctional families. The criminal justice system is too much oriented to imprisonment alone for youths.

Recommendations regarding the Young Offenders Act (YOA)

• Continue to participate in the review of the Young Offenders Act. Although the Act is adequate in addressing the majority of young offenders, more severe sanctions and programs are required for the small group of serious and violent young offenders.
• The primary problem with the Young Offenders Act is one of public Aperception" based on misinformation. The Act is generally sound although some changes could be made, as follows:
  - allow publication of the names of convicted violent young offenders;
  - allow serious, habitual offenders who refuse treatment to be held in custody;
  - broaden the use of conditional supervision beyond the current legislative authority;
  - make it easier to transfer youths to adult court;
  - eliminate the YOA provisions for open and secure custody. Placement within the young offender system should be based on a security rating imposed by correctional services. This would allow for better case management by using a security rating/level as an indicator of community safety and risk to re-offend; and
  - expand the provisions of Temporary Release (TR), to allow for lengthier TR's for reintegration to the community for school, work and treatment programs.
• Lower the age limits for prosecution and transfer to adult court.
• A more thorough background check should be conducted on youth before they are sentenced.
• A young offender who commits new offences should continue to appear before the same judge in order for the judge to see the results of the sentence.
• There should be a 10:00 p.m. curfew for youth under sixteen years of age.

Recommendations regarding Crime Prevention/Other Programs

• Provide more financial resources to ensure that successful partnerships can be created related to the Children's Services Initiative.
• Continuing interdepartmental efforts to improve the co-ordination and delivery of children's services are needed to ensure that schools have appropriate information to plan and deliver education services for students with young offender status. This means that the continued availability of police services (e.g. resource officers) and probation services (e.g. community corrections workers) in the planning and delivery of school programs is essential.
• Increase focus on the root causes of youth involvement in crime. In particular, increase funding and efforts to address family, home or relationship problems. Increase early intervention programs with a long-term view that early intervention reduces crime.
• Hold parents more accountable for the actions of their children (e.g. compensating victims).
• Increase funding to allow for more rehabilitation and supervision programs.
• Review the impact of federal funding transfers on providing meaningful young offender programs.
• Increase use of camp programs to teach discipline and structure to select young offenders who would benefit from this type of program.
• Give youths alternatives to crime, either in the community, through the school system, or through Aboriginal organizations.
• AADAC believes that graduated licencing is one measure that should be further considered for Alberta. Programs of this type, which allow for gradual introduction of new drivers to a variety of highway conditions, have been introduced in Nova Scotia and Ontario and other jurisdictions internationally where they have demonstrated effectiveness and support of parents and young people. AADAC supports the provisions for graduated licencing in Alberta's new Traffic Safety Act that is currently under development.
• AADAC believes that consideration should also be given to raising the legal driving age to eighteen. AADAC believes that this action would help to further separate the behaviors of youth drinking and driving and would highlight driving as an adult privilege requiring maturity and judgement.
• As an adjunct to alternative measures, lock-up and probation, a social program component is needed wherein life skills, schooling, job search activities and counselling are provided.

Recommendations regarding Courts/Sentencing

• Appoint Crown Prosecutors to Youth Court for 3-5 year terms at least, and recruit people who have an interest in working there.
• One must understand why youths do what they do.
• Appoint youth court judges who are knowledgeable about the needs of young people.
• Ensure more consistent sentencing by defining sentencing guidelines more clearly, including:
  - providing stronger sentences for first time offenders to act as a deterrent;
  - dealing more expediently and severely with breaches of probation;
  - increasing viable non-custodial alternatives for low risk offenders and increasing custody for high risk offenders; and
  - eliminating intermittent dispositions or implementing a House Arrest program for young offenders, similar to that used for adults, to manage these dispositions.
• Address youth court backlogs by developing and/or expanding alternative strategies for handling minor criminal issues.
  Insure that young offenders complete all established criteria related to their sentence.
• Work toward allowing the Family Courts and Youth Courts to work closer together.
• Examine the new "Crime and Disorder" Bill that is being considered in England to determine the worth of implementing some of its provisions in Canada. These provisions include:
  - setting processing time limits for all phases of the justice system, and penalties within the system if these time limits are not met;
  provisions for various levels of court; lower semi-judicial court for less serious matters, without the formality of youth court;
  - provisions for a "Parental Order" that would allow the court to direct a family to participate in counselling/parental training courses for up to three months;
  - provisions for the courts to set an "Action Plan" as part of the sentence that can be reviewed within twenty-one days of the sentence and varied if necessary;
  - establishment of a "Youth Board" and "Youth Offending Teams" to build coordination of youth justice personnel in all phases of the system and all levels;
  - defining repeat offenders who will be automatically flagged and processed on a "fast track" each time they reappear in the system; and
  - requirements for local levels of government to develop strategies to reduce crime and disorder. These must be reviewed annually and they are held accountable to ensure results occur.
• Young offenders need to be made aware of the repercussions of their actions and must take responsibility for them if there is to be any change in their behavior.

Issues

• Photo radar does not act as a deterrent for speeding. Use of photo radar is negatively impacting the image of the police in the community.
• More police are needed.
• A recent national publication estimates the annual loss from all varieties of fraud in Canada exceeds 1.5% of the country's $800 billion gross domestic product (in excess of $12 billion per year stolen from individuals, corporations and governments). The use of stock exchanges to facilitate either the laundering of money or the manipulation of markets to achieve an illegal profit continues to grow.
• Commercial crime has become a second tier concern for justice agencies with focus (and resources both financial and otherwise) being on violent crime, bike gangs and young offenders. Police services (both the RCMP and municipal services) do not have the resources to deal with white-collar crime. The RCMP has abandoned white-collar crime to forensic accounting firms. This brings one to the conclusion that corporate criminals will be dealt with in civil courts. Aside from the fact that the civil justice system is not timely, the deterrence of criminal sanction is obviated from the process.
• A difficulty that is affecting all police forces is the siphoning off of their best investigators by forensic accounting firms. This occurs because the accounting firms are able to offer better salaries, but also because of the nature of pension plans that are offered to police officers. Typically, police officers are in a position to collect full pension by the time they are in their 40's.
• A further difficulty with police agencies generally is that like most paramilitary organizations, they conduct their affairs in a very traditional fashion. This helps them deal with the traditional problems that society has encountered including the investigation of violent crime, but hinders their efforts to deal with the developing areas of criminal activity such as commercial crime, computer fraud, etc.
• School policy with respect to police notification is largely discretionary and the police also exercise discretion in filing incident reports. This suggests that crime in schools is seriously under-reported.
• In some rural areas, the RCMP will not lay charges against an abuser in a spousal abuse situation unless the victim asks the police to lay charges.
• RCMP sometimes refuse to enforce a custody order which is presented to them, without a further order of the court ordering enforcement.
• Too much police officer time is wasted unproductively in court due to adjournments.

Recommendations

• The Serious Habitual Offender Comprehensive Action Program (SHOCAP) is very effective and has resulted in an improved working relationship between police and correctional services. This Program should be cited as an example of a program that improves working relationships between justice sectors.
• Continue to promote the community-policing model.
• Establish a strong liaison role between community policing stations and community corrections offices of Alberta Justice.
• Develop a system to allow for better link and exchange of information electronically between police and corrections.
• A parked unmanned police car would be more effective in slowing traffic than the use of photo radar.
• Increase active enforcement of general driving infractions, other than speeding (e.g. following too close, running red lights etc).
• Expand the following programs: Check Stop, Crime Watch, and Crime Stoppers, use of auxiliary officers, special task force to deal with violent crime and gangs.
• Increase number of officers on duty.
• Provide public education on police authority.
• Promote positive police media coverage.
• Give police more discretion at point of arrest.
• There needs to be more emphasis placed on the burgeoning problem of commercial crime and worldwide cooperation between regulatory and justice agencies to address this issue.
• Divorce the commercial crime agency from the traditional police organization, along the lines of the Federal Bureau of Investigation in the United States. The new agency would be committed towards attracting candidates from universities and professions to deal with commercial crime enterprises. It would also get away from the somewhat rigid police mentality, which stifles creativity and intellectualism in dealing with criminal inquiries.
• Amend the pension plan process so that police officers are not in a position to collect a pension until they are in their mid 50's. This would provide them with a further ten years to utilize the knowledge and experience that they have built up for the benefit of the law enforcement process.
• A safe and caring environment must be maintained for students in Alberta schools.
• Policing resources should be seen to be focused on the most serious crimes/societal problems (i.e. violent crime, serious substance abuse, crime with victims) rather than on revenue generating activities such as photo radar, traffic tickets, and the like.
• Youth crime is best addressed through the collaborative efforts of students, teachers, parents, community members, police, government and community agencies. Solutions need to be found in alternative approaches that improve the conditions in the environment where young people live, learn and grow. If violence prevention programs developed and implemented at the school level are successful, the number of incidents requiring intensive intervention are minimized.
• Zero tolerance should be "zero tolerance" where all acts of disruptive behaviors will be acted upon, victims supported, witnesses offered protection and offenders offered help in finding more appropriate ways to deal with conflict.
• Rural RCMP require ongoing training regarding the need to lay charges in spousal abuse situations when they have reasonable and probable grounds to believe that a criminal offence has occurred, even if the victim does not ask for charges to be laid.
• The RCMP requires a workable province wide policy to deal with the issue of enforcing child custody and access orders.

Issues

• Aboriginal people are disproportionately represented within the criminal justice system.
• In continuing to support First Nation, Metis and Inuit people in self-actualization through policing, justice systems, and community corrections, a balance needs to be established.
• 38% of children receiving child welfare services and approximately 48% of children in child welfare's care are of Aboriginal descent.

Recommendations

• Aboriginal people/groups must be involved in all discussions regarding change and Aboriginal justice systems.
• Treat everyone equally.
• Allocate new money for Aboriginal initiatives, rather than reallocating existing resources. The latter approach often results in insufficient funds to maintain meaningful programs.
• Reconsider the enormous amount of money spent on Aboriginal programs.
• Aboriginal programs should be partially funded by Aboriginal people.
• Alberta Justice should develop a long-range plan for Aboriginal programs, which includes increasing the involvement of Aboriginal people in policing, sentencing circles, spirituality and corrections.
• The judiciary should meet with sentencing circles on a regular basis for dialogue and an exchange of information.
• Hold more court sittings on reserves.
• Increase the use of Elders and native program coordinators in correctional facilities.
• Half way houses should be established in Aboriginal communities to allow Aboriginal offenders to return to their home communities and access support while being closely supervised.
• There is a need for Aboriginal prevention and healing initiatives. More preventive measures in respect to alcohol, drug abuse, and family violence are needed, as is a greater emphasis on and support for employment skill development initiatives in local communities.
• Expand efforts to educate Aboriginal groups regarding operating their own justice systems.
• The Task Force on the Criminal Justice System and its Impact on the Indian and Metis People of Alberta - "Justice on Trial" and the Commission of Inquiry - Policing in Relation to the Blood Tribe contain valuable information on modifications that can be made to ensure that the justice system is more sensitive and responsive to Aboriginal people.
• While there is certainly support for modifications to the justice system which will mutually improve the understanding of Aboriginal people and the criminal justice system, any and all modifications must maintain the fundamental principles of the criminal justice system - equality, equity and impartiality before the law.
• It is through the mutual co-operation of all parties concerned that progress and understanding can be achieved. Initiatives such as community/youth/Elders justice committees and sentencing circles; First Nation police forces; correctional youth/wilderness camps; and, the proposed First Nation and Metis Advisory Committees to Alberta Justice have the potential to provide a strong and positive link between Aboriginal people and the justice system.
• Aboriginal people can help the justice system help their people by providing healing the traditional way; by helping the system understand "who we are" and by promoting an understanding of sacred laws and natural laws first before trying to work with "man laws".
• Treat everyone fairly. The co-ordination of services for children attempts to provide all children with access to the services they need.
• Base the system on principles of initiative, self-responsibility, accountability, and self-governance.
• Provide incentives for graduating Aboriginal youth to pursue the legal profession.
• Establish a post-secondary institution for Aboriginal people such as the University of Saskatchewan.
• Allow Aboriginal people to have control of the justice system within their own communities.

Issues

• A general lack of understanding and education about the justice system itself is a barrier as it makes people fearful to be involved.
• Difficulties in accessing legal aid (cost, location, availability, and criteria for acceptance).
• Lengthy court delays and numerous court appearances.
• The hours of court, particularly in the young offender system, sometimes make it inaccessible to working parents.
• Fear of being further victimized by an adversarial and impersonal court system.
• The Freedom of Information and Protection of Privacy Act has restricted even basic information from being shared with those who have a genuine interest (i.e. victims, parents, spouse etc.) in the name of protecting individuals (offenders) privacy.
• Language and cultural barriers, for people of Aboriginal and Asian descent, and others.
• Rural communities lack police presence.
• The appeal process is prohibitively expensive and takes too much time.
• There is perception that the processes to follow in order to prosecute under the Safety Codes Act and the Employment Standards Code are very cumbersome. Because of the time and associated costs, offences go unprosecuted.
• There may not be adequate preparation time for prosecutors to prepare for a case.
• Typically, low fines for fire-related prosecutions often make stakeholders reluctant to initiate prosecutions.
• Definitions are confusing for access. The term "you must have legal counsel" puts a stop to access. It looks like it is made for a rich society.
• The system is accessible to the "educated", those of the "middle and upper" socio-economic status, and the "influential," but falls short of being accessible to the "uneducated" and the "poor".
• The delays experienced in bringing child welfare matters into court creates a significant barrier to justice for both the child who is the subject of a court application for protective care and for the guardians of the child. Especially in the larger urban centres, hearings can be delayed for six months during which time the child may be placed in the state's interim care and remains removed from the home despite the fact that a court has not yet determined the case.
• A myriad of statutes in Alberta govern custody, access and guardianship for children, yet only one statute, the Child Welfare Act, specifically provides that the voice of the child affected (if age twelve years or over) must be heard in court. Even where affidavit evidence of an older child is provided to the court, it is often suspect because the evidence has necessarily come from one party in our adversarial system. A method is needed to provide the courts with the unbiased opinions of the children affected in custody and access disputes.
• The myriad of statutes in Alberta dealing with custody, access, guardianship, child maintenance and spousal support is confusing to the persons who are governed by them and results in inconsistent decisions by the courts.
• The structure of the courts is costly and confusing to the court user because certain matters must proceed at the superior court level (usually with the assistance of a lawyer), while other matters (or sometimes the same matter) can be dealt with by the inferior courts. A uniform court or at a minimum, a clear delineation as to which level of court may pronounce on what issues, is needed.
• The judiciary who are assigned to travel to rural areas to hear child welfare and family court matters are often not experienced in those matters, resulting in inconsistent decisions across the province.
• Legal aid is often refused to a non-working spouse who has chosen to leave a relationship. Though the spouse who has left has no money and no access to family funds, assistance is refused because the family income is above Legal Aid guidelines.
• The provision of legal counsel by Legal Aid in child welfare matters is sporadic across Alberta. This is particularly a problem in Edmonton and Calgary because of the high volume of applications and because of the short time lines given in the Child Welfare Act for attendance at court. Consequently, depending upon where a family lives, children who are over the age of twelve years may not be able to retain legal representation in a child welfare hearing pertaining to themselves, and parents often find themselves in court before they are able to arrange Legal Aid representatives.
• The Legal Aid Society tightened its financial eligibility requirements in April, 1998. Since then, a greater number of parents who could be classified as "working poor" have been neither able to qualify for Legal Aid, nor able to afford a lawyer to represent them in a child protection hearing.
• The justice system, in particular the criminal justice system, does not deal well with persons with disabilities, regardless of whether the person involved is a victim or an accused. For example, where a disabled person is not able to communicate well, the Crown finds it difficult to proceed in a prosecution considering the high standard of proof required to prove the case. At the same time, an accused who is disabled may not be brought to justice because of his/her disabilities, which is frustrating and may seem unjust to the community at large.

Recommendations

• Developing an information booklet for basic criminal matters may assist in de-mystifying the system for the public.
• The language and bureaucracy of the system should be simplified for lay people to understand the system.
• The system should be easy enough to understand without the need for a lawyer.
• Include access to information in a number of common foreign languages.
• There should be more satellite police offices and an increased use of special constables.
• The justice system should be studied in public school.
• We should be "educating" the public about accessing the justice system.
• Aboriginal language should be used at all times, not only after someone is incarcerated.
• A method is needed to provide the courts with the unbiased opinions of the children affected in custody and access disputes.
• All of the statutes and portions of statutes touching upon family law matters require rationalization and consolidation.
• Establish a unified family court.
• Information sessions should be provided for judges who only occasionally deal with welfare and family court matters in rural areas so that they can effectively deal with these issues.
• A Duty Counsel office is needed to help those doing their own Queen's Bench applications.
• Courthouses, which were closed in smaller communities, should be reopened.
• Increase funding for legal aid and provide greater access to legal aid in smaller communities.
• Increase the number of courtrooms and judges for family court.

Issues

• The current adversarial system is not always the most effective means of addressing issues.
• The job of the prosecutor has become much tougher with the implementation of the Charter and decisions such as Stinchcombe. Because of a lack of resources there is a perception that the Crown prosecutors' office is reluctant to take on long, involved cases. Complicated fraud and white-collar crime cases often involve enormous amounts of documents to be proffered. The ability of the defence to continually delay process, and the reluctance of judges to force matters to proceed (fearing being overturned by appeal courts above and having to retry cases) no doubt results in many plea bargains or abandonment of cases which should be prosecuted. One area that reflects progress is the recent transfer of prosecution responsibilities to the Law Society and the Securities Commission to deal with offences under their respective acts. These entities have the budgets necessary to hire the proper personnel and commit the resources necessary to ensure enforcement is effective.
• A further difficulty that emanates from the judicial process is the new concept of serving sentences in the community. The new process of only imprisoning violent criminals will not assist in the deterrence of white-collar offenders. Also, the levy of substantial fines or penalties is viewed by many as being nothing more than a licencing fee. In very few cases do white-collar criminals pay anything near what they have profited from their illegal endeavors (given that there is often a problem of proving their actual gains).
• AADAC's experience shows that compliance becomes less of an issue with improved client readiness: provision of factual information on alcohol and drug abuse prior to entering treatment; flexibility in intake procedures; and working closely with mandated clients regarding the rules and expectations of participating in a voluntary environment. Efforts have focused on better preparing the individual while he or she is still within the justice system prior to assessment and intake. This enables AADAC to better assist the client, at whatever stage they may be at in terms of understanding their substance use issues and proceeding with treatment. Success is enhanced by effective collaboration. Clearly there have been considerable efforts to improve the situation, to develop excellent cooperative relationships between AADAC and community corrections offices and probation officers.
• There is a well-established body of research that identifies a number of factors that contribute to crime. Crime prevention through social development strives to alleviate the effects of these factors. It includes initiatives to reduce poverty and increase the availability of proper housing, employment, educational opportunities, and adequate play and recreational facilities. This approach acknowledges that there are a number of factors that place people more at risk of engaging in criminal activity, including child poverty; inadequate living conditions; inconsistent and uncaring parenting; childhood traumas such as physical and sexual abuse; family breakdown; racism and other forms of discrimination; difficulties in school; friends engaging in criminal behaviour; and living situations involving alcohol, drugs and other forms of substance abuse.
• Drinking and driving continues to pose a serious safety hazard.

Recommendations

• Continue to explore options for restorative justice approaches (i.e. youth justice committees, family group conferencing, mediation, etc.).
• Increase the use of Alternative Measures programs and other diversion programs.
• Specialized Crown Prosecutors and specialized courtrooms may alleviate the pressure of a high volume of court cases and the resulting backlog/time delays.
• Increase parental involvement at all levels of the young offender system.
• Mentally ill people could be more effectively managed outside the justice system. There should be a coordinated effort between the ministries of Health and Justice to deal with offenders who require long term care in a mental health facility rather than a jail.
• Recognize paralegals in order to reduce the cost, complexity and time involved for issues that need to be attended to by a lawyer.
• Expand the roles of commissioners.
• To get the attention of the typical white-collar criminal, there has to be a real prospect of spending time incarcerated.
• Allow the Securities Commission to prosecute securities related Criminal Code offences (i.e. fraud and market manipulation). This would free up Justice prosecutors to deal with other files, not require them to learn an area they are totally unfamiliar with, and not be a drain on Justice budgets.
• Alberta Justice should be encouraged to incorporate, wherever appropriate, alternative dispute resolution processes such as facilitation and mediation into the justice system.
• To the extent that the justice system must attend to the rehabilitation of people in custody, it must strive to remain relevant to the cultures, circumstances and needs of its clients. Some initiatives that might be considered in this regard include provide healing centres/circles. Drug courts, which divert selected substance-abusing offenders into a treatment path, have demonstrated some success in reducing recidivism in those populations.
• With any good partnership, working relationships must be sustained by regular communication to facilitate clear understanding of how services can and do complement on another.
• Alberta Justice should, in consultation with stakeholder departments, initiate a study of alternative processes to family court proceedings.
• Alternative dispute resolution processes should be made uniformly available at all levels of court. Much of child welfare's manpower and financial resources are dedicated to proving to a court that a child is in need of protection. Alternative processes to court sanctioned protection services would allow re-allocation of resources from pre-court actions to assisting the child and family after the child welfare involvement is initiated.
• That adequate provincial resources be provided to support crime prevention initiatives, so that citizens of Alberta will be able to enjoy safer communities. Continuing to solely rely on traditional justice responses to crime is not practical and is not the most effective use of resources. Crime prevention through social development is in the interest of maintaining a peaceful society, and is also cost effective.
• That an "Administrative Licence Suspension Program"be implemented. Under this program, police could, on behalf of the government licencing authority, immediately suspend the driver's licence of a person charged with an impaired driving offence. Drivers may appeal this suspension. However, the documented outcome of implementing such programs in other provinces is that offenders are motivated to expedite court proceedings rather than seek delays to postpone licence suspension.
• That the feasibility of introducing an administrative licence suspension fee which would be applied to individuals who, as a result of their blood/alcohol level, have had their driver's licence suspended for 24 hours, be reviewed.

What values do you think the justice system is based on?

• Equal and fair treatment, protection of society, honesty, integrity, protection of human rights, balanced punishment and rehabilitation in sentencing, deterrence, and a transparent/open process.
• Public safety and fairness.
• Deterrents to crime are based on punishment and crime prevention.
• British common law (does not take into account Aboriginal or multi-cultural values).
• Human Rights Act, Alberta Individual Rights Protections Act, Canadian Charter of Rights and Freedoms, principles of fundamental justice, principles of natural justice (procedural fairness), Criminal Code of Canada, and the Child Welfare Act.
• European middle class values - this may not be that meaningful to an Aboriginal person in Northern Alberta.

What values do you think the justice system should be based on?

• Equal and fair treatment, protection of society, honesty, integrity, protection of human rights, balance punishment and rehabilitation in sentencing, deterrence, and a transparent/open process.
• Restorative justice. Crimes are against people and injure relationships. Focus should be on restoring the trust that has been lost and on victimsí rights.
• More community involvement.
• More emphasis on rehabilitation and successful reintegration of offenders into society as a means to address recidivism and ultimately promote a safer community.
• Equal access to justice and a variation of rehabilitation depending on the age of the offender.
• Education.
• Principles of fundamental justice and procedural fairness. Individual rights should not be protected at the expense of the community. Maintaining public interest remains the goal. We need an appropriate balance between maintaining the rights of the individual and the interests of the public.
• Personal responsibility and accountability.
• The goals of the system should be:
  - stability, both politically and socially and provide safety and security to the general public and to business in their daily lives;
  - clear, consistent and up to date codes of law and order that are acceptable to society and that encompass democratic principles;
  - clear, consistent and transparent regulations related to compliance, enforcement and punishment that are applied in a fair and equitable manner; and
  - there must be a set of clear and consistent codes that relate to both criminal and civil actions.

How can we make Alberta's justice system better understood by most Albertans?

• Alberta Justice should work closely with the media to facilitate factual, balanced reporting and be proactive versus reactive in bringing to the media's attention "positive" stories.
• Alberta Justice should embark upon an aggressive communication campaign to educate the public. This may include public meetings, "Justice Days" brochures and other literature, and a toll free 1-800 number so the public can get access to the correct information.
• Hold local community forums/conferences from time to time to let the average person debate or have input into the criminal justice system.
• Provide formal education/instruction on the criminal justice system in schools.
• Simplify the system and make it more "user friendly".

How can Alberta's justice system work better at the community level?

• Through increased education and public awareness.
• Communities must be encouraged to take more responsibility for their problems and not expect the justice system to solve social problems.
• Give communities more control over minor offences.
• Expand the use of community justice committees and other community initiatives. Increase promotion and visibility of offender community work crews.
• Encourage Albertans to contribute to the system through observation and volunteering. Publicly acknowledge communities that have established justice and crime watch committees and neighbourhood watch programs, and those who volunteer for victim service units.
• Expand the community-policing concept and ensure this model is applied across the province.
• Have more satellite police operations in rural communities.
• Sort out issues that can be dealt with locally from those requiring higher level intervention.