Consultation Reports

INDEX
- Alberta Summit on Justice Questionnaire Summary
- Common Concerns Relating to Justice Issues
- Final Summary

Questionnaires were sent out to all RCMP detachments in Alberta. Nine group submissions and fourteen single submissions were returned. Main issues that were continually brought up include inconsistency, accountability, delays in case processing, the lack of prosecutors, victims rights, the Young Offenders Act, and community programs. The following is a summary of the submissions.

Questions to consider

What are the key issues facing Alberta's justice system? What needs to be done to deal with those issues?

There is inconsistency and leniency in sentencing when cases are disposed of through reduced charges.

• Create uniformity throughout the Province for Judges and Prosecutors
• Sentencing has to be consistent and meaningful. The accused should be held accountable and punished for their actions. Punishment does not always fit the crime. Repeat offenders, violent offenders, and impaired driving offenders are examples.
• Develop a National/Provincial sex offender registry.
• Set restrictions on plea bargaining and monitor sentencing to ensure mandate is adhered to. CJIS (criminal justice information system) should be updated to explain why certain charges are reduced. This would be used as a learning tool for both police and the crown.

A lack of prosecutors. Prosecutors can't properly prepare for trials or properly represent victims due to high workload and lack of human resources.

• Increase efforts to retain qualified and experienced prosecutors. Increase funding to pay prosecutors at appropriate levels and increase human resources. Prosecutors would be less likely to switch to the private sector and the case load would be manageable allowing time to prepare for trials.

Put greater focus on the victims and less on the criminal.

A perception exists that there is Judicial apathy and lack of accountability.

• Selection of judiciary should be reviewed with consideration for other alternatives.

There is a lack of funding leading to insufficient human resources (police, prosecutors), and community crime prevention programs.

• Increase funding in these areas to compensate for increased workload.

Amend the Young Offenders Act to consider public input.

Public dissatisfaction in the Justice System.

• Regain public confidence.
• Increase community involvement.

Public confidence in the justice system. Are there changes that need to be made to increase the level of public confidence in the justice system? What are the strengths of the current system and what can be done to ensure these strengths are protected?

There is a lack of confidence and public dissatisfaction with the justice system. There is dissatisfaction with early release of sex offenders and murderers.

• Sentencing should be consistent.
• The system needs to develop a face. The public must realize the system works for them, not in spite of them.
• More protection and support for victims
• Allow community involvement.
• Justice should be done in a timely fashion. It is complex and slow.
• The judiciary must be more responsive to communities with increased accountability.

Victims - their rights and their involvement in the system. The Victims of Crime Act outlines principles for the treatment of victims and their rights to information. It also provides a financial benefits program for people who have suffered injury as a result of a crime, and a grants program for victims' services. Can victim involvement in the justice system be improved? If so, how?

The justice system places too much focus on the rights of the accused and not enough focus on the rights and needs of victims and the community.

• Increase protection, support and justice for victims and public.
• Place greater focus on victims, and less on technicalities.
• Victims' families having the right to make some comments/impact statements to the justice system is a definite strength, and should be continued.

There is a lack of ongoing funding for victims' programs which provide support and assistance for victims and witnesses. Too much time and effort is expended on fund-raising to keep volunteer programs operating.

• Provide stable, long term funding for Victims' Assistance Programs. Providing a base salary for the co-ordinators would ensure the program remains viable.
• Funds generated from Victims' Assistance Units should go to victims for out-of pocket expenses not covered by insurance. The current system needs review.

Youth and the justice system. The Young Offenders Act (Canada) was proclaimed in 1984. The Act applies to youth aged 12 to 17, and significantly changed the way society deals with young people. It provides the authority and principles that govern how young offender custody and community-based programs and services are delivered. Do you have any comments regarding youth and the justice system?

The Young Offenders Act is inadequate, lenient, protective and provides no meaningful solutions. The Canadian public has no confidence in this act.

• Look at other countries and what their Young Offender laws are like. IE: Sweden, USA, England, France.
• Sentencing for repeat offenders should be centered on deterrence
• Work camps should be an option.
• Establishments of Youth Justice Committees to re-establish community presence and meaningful consequences in the justice system.
• Justice partners should be better trained for the youth system.
• Age should be changed from 12 to 10 and reduced from 17 to 14 - 16.
• Young offenders should not be protected from the media. Names of all accused should be released to protect victims.
• Probationary drivers licenses for underage drivers should have a "0" tolerance attached.
• Eligibility requirements for Legal Aid to represent Young Offenders requires review. Some parents can afford lawyers.
• Parent participation in the decisions of their child's case should be encouraged. Some parents feel frustrated with the judicial system. They feel it shows youth how to manipulate the system, rather than accept responsibility for their actions.
• Additional resources should be designated to identifying causes and solutions through the creation of appropriate programs.
• Design province wide, community inspired models of sentencing/mediating processes, ensuring training and support is available for participants. Increase programs that reach youth under 12.
• Parents should be accountable for their children and held financially responsible.
• Retailers should not be the only ones carrying the responsibility for preventing minors from acquiring cigarettes. More initiatives are needed to deal with youth smokers.

Policing. An adequate and effective level of policing is required to provide for the safety and security of all Albertans. Are there any policing issues of concern to you or your community?

Policing budgets are shrinking while costs of policing are increasing resulting in decreased resources.

• Ensure adequate and ongoing training for police officers.
• Increase community involvement in policing.
• Increase police accountability and sensitivity.

Policing costs directly associated with prisoner escorts and court room security is a concern. Other alternatives should be explored.

• Police officers should only be in court as witnesses.
• Court And Prisoner Security (CAPS) should be provided with the proper resources to enable them to effectively adjust their scheduling to cover both escort and court security duties throughout the province in order to free police resources.
• Disclosure requirements must be streamlined. Funding should be provided for disclosure packages or a nominal fee should be charged to the client requesting disclosure packages. Allowing statements and photographs to be scanned and stored on computer would reduce costs, allow quick access and increase organization. Disclosure packages would than be provided electronically or on a disk to the accused.
• Dispositions on a significant number of trials are arranged prior to trial date. Witnesses need to be informed in advance of trial dates. Police overtime is incurred on court attendance where evidence is not given. This has a major impact on police budgets.

First Nation, Metis and Inuit justice. The Constitution Act of 1982 defines Aboriginal people as including Indian, Metis and Inuit people. Indian people identify themselves as First Nation people. First Nation, Metis and Inuit justice issues have been the focus of many reports and commissions. How can the justice system work better for First Nation, Metis and Inuit peoples?

Insufficient resources dedicated to First Nations Communities

Aboriginal issues impacts police program funding.

• To properly serve aboriginal communities there should be a Detachment in communities of 1,000 or more. The province needs to commit financially and psychologically to make aboriginal police service work.

Barriers to accessing justice. Is the justice system accessible to Albertans? If not, what are the barriers that prevent Albertans from accessing the system?

Some people feel the Justice System is accessible, others do not, while others feel if the Justice System is accessible few people know how to access it.

Bureaucracy and confusing laws make understanding laws difficult for the average citizen.

• Make Alberta's justice system better understood by most Albertans by listeningto their concerns.

The inaccessibility of available after hours lawyers makes it almost impossible for persons charged with criminal offences to consult with a lawyer.

• Legal Aid and The Law Society of Alberta should set up a 1-800 telephone number to access counsel at any time of the day or night.

As laws become more complex and technical, police need advice and guidance from Crown Prosecutors. Often prosecutors attend circuit points from bases like Calgary or Edmonton, being unfamiliar with the areas, accused, investigations and police personnel. At present there are insufficient Prosecutors to provide proper guidance, to become familiar with investigations or to follow through on assigned files.

• Local prosecutors should be appointed to provide file reviews, guidance, and direction.

The justice process is complex and slow.

• Simplify and add common sense to the Justice System.

Alternatives to existing justice processes. Are there options to existing justice system processes which can and should be considered? What are the options and when should they be used?

The judicial system should be included in community programs, Justice Committees and/or Diversion programs for adults and young offenders.

Mediation should be encouraged where applicable. Alternative Dispute Resolution Programs should be utilized in minor offenses and family court, where the accused and victim resolve their problems through mediation. Family Group Conferencing Model is an excellent example.

Offender/Victim reconciliation is good. A system where the offender compensates the victim financially in lieu of incarceration should be developed.

Public, third party impartial review of the Young Offender's Act, National Parole Board etc. with the authority to sanction further review and changes.

Sentencing/healing circles on Hollow Waters model (see Rupert Ross's book). Increased dedication to crime prevention and Community Constable Program. Stop crime before it occurs. Use public awareness to prevent crime. i.e. release of Young Offender's names to the public.

Mandatory pre-trial conferencing on all criminal cases.

Judges need to be aware and responsive to the needs of the community. Involve the community in the decision making process. Increase dialogue between judiciary and the community.

Develop a sex offender registry.

The alternative measures program and youth justice committees are currently instituted to alleviate the judicial system. These programs should be expanded on.

Bring back court costs.

Ensure provincial uniformity and consistency with penalties that suit the crime.

In impaired driving cases the certificate from a qualified technician should be accepted as "prima facie" evidence.

The insurance companies and motor vehicle registration offices should develop a data bank to accommodate insurance particulars. Should a vehicle owner cancel his/her insurance policy, the insurance company would modify the vehicle information.

Inter-Provincial notification of drivers convicted with impaired driving and/or other serious related driving offenses. Offenders are able to obtain a drivers licenses in another province, if convicted in his/her home province with impaired driving, etc. Data banks between the provinces need to work together.

To increase seat belt compliance and reduce injury and fatal MVA's the Alberta government should include demerit point(s) with each conviction. Demerit points would offer deterrence and they would raise a flag with the insurance companies as to the risks posed by the persons not complying.

Replace Preliminary Hearings with a Discovery Session between the Crown, Defence and Judge

Other questions you may wish to consider.

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

Fairness to the accused more then protection of the public

The Justice System is based more on rights of the accused and protection for the criminal with less emphasis placed on the victim. The system should be based on the rights of the victim.

Honesty/integrity/fair play/human rights/rehabilitation. Justice for all.

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

Fair treatment for victims and society in general

Accountability, honesty, integrity, fairness, human rights, rehabilitation, consistency

Code of Ethics

Punishment should fit the crime

Public right to be protected against violent offenders.

At the community level: service, enforcement, protection, prevention, participation. Add a "Human Face".

Community involvement

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

Use common sense and good judgement to make decisions rather than basing decisions on technicalities.

Simplify the entire process

Be open and honest with the public. The public do not understand or agree with sentencing of offenders in the courts. The public feel there is very little deterrence or penalties for offenders..

Obtain input from those who have complaints, comments, concerns, and compliments. Encourage community participation.

Consistency

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

The Justice System has to be more in tune with the community and encourage community involvement.

Increase the use of Justice Committees and Diversion Programs

Better training for program participants, publicity of success stories, increase funding, focus on programs that work and build on them.

Are there any other justice issues you wish to comment on?

MasterCard/VISA should be an alternative for payment of fines and traffic tickets.

Violation tickets should have only three parts; part 2 and 3 should be amalgamated. The present system is confusing and a waste of paper and money.

Better communication between Alberta Justice and Police agencies.

The parole system requires review.

Public Confidence in the Justice System

There is a lack of confidence. The public is dissatisfied.

• Penalties should fit the crime and be consistent.
• The judiciary should be more responsive to communities needs and should allow greater involvement from the community.
• Justice should be done in a more timely fashion.

Victims Issues

The Justice System should place greater focus on the rights of the victim.

• The victim should be more involved in the court process and Victims' Assistance Programs should be readily available.

Youth and the Justice System

The Young Offenders Act is inadequate.

• There should be more meaningful consequences.
• The lower and upper age should be reduced.

Policing

There is a lack of funding, and resources to allow for quality policing.

• Increase available funding for policing.

First Nation, Metis, Inuit Justice

Make the system work for everyone in Canada

• Support community involvement with policing and justice issues.
• Treat everyone in Canada equally.

Barriers to Accessing Justice

There is an inaccessibility to after hour's lawyers. The Justice System is very complex.

• Create a 24-hour telephone line whereby counsel could be accessed any time for proper guidance.
• Increase Judicial staff to provide regular circuits to ensure proper case review.

Alternatives to the Existing Justice System

The Justice System would work better at the community level by identifying community problems and providing community solutions. Judiciary have to be more responsive to input from the community.

The Justice System should make more use of programs like Justice Committees.

While the questionnaires returned contained comments and suggestions on a wide range of justice topics there were certain reoccurring themes. These are listed below.

Inconsistencies in the Justice System have reduced public confidence in the system. The public get the impression that offenders of more serious crimes are given less serious punishments or that different offenders committing the same crime are punished differently and that punishment often does not fit the crime.

• To deal with this issue it was suggested that there should be less leniency with offenders, harsher sentences for serious crime, consistent sentencing for the crime committed, restrictions on plea bargaining, and increased Judicial accountability.
• The justice system should allow greater community involvement and become more aware of community based programs.

The Justice System places too much focus on the rights of the accused and not enough focus on the rights of the victim.

• Deal with this issue by increasing focus, protection and support for the victim. Encourage greater victim involvement in the court process and provide increased funding for Victim Assistance Programs.
• Increase efforts to retain qualified prosecutors. Increase pay and prosecutor numbers so prosecutors can properly represent victims.

Police budgets are shrinking while the cost of policing is increasing.

• To provide an adequate police service funding for resources and manpower must be increased. Costs associated with court, like prisoner transfer, court room security and unnecessary court overtime costs should be reduced.

The Young Offenders Act is inadequate and the public have little confidence in it

• Invoke more meaningful consequences with the lower and upper age being decreased and no protection from the media.