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Alberta Summit on Justice
Highlights of Group Discussions
January 27 - 29, 1999
Barriers to Accessing Justice
These recommendations are printed exactly as the delegates dictated them.
Group A
- We recommend that the justice system should be more culturally sensitive but not at the expense of the rule of law.
- We recommend that formal and informal measures enhance an Albertan's understanding of their justice system, its function and the resources available to them.
- We recommend that the justice system consult with the public on a regular basis.
- We recommend that system embrace diversion as an alternative to the formal justice system in mitigating circumstances.
- We recommend that solutions to accessibility should be community based.
Group B
- We recommend that a committee be established to review, implement and monitor the recommendations of this summit and give a formal report in one year.
- We recommend that justice initiatives be developed to allow for mediation and alternatives to incarceration.
- We recommend that increased funding be provided to the justice system.
- We recommend that legal aid financial guidelines be reviewed to allow for an increase in limits.
- We recommend that a single entry point for legal assistance be established.
- We recommend that no-fault insurance be implemented.
- We recommend that small claims court be increased to $10,000.
- We recommend that education and training programs be implemented for judges and crown prosecutors such as cross cultural awareness.
Group C
- We recommend that the justice system be personalized through direct contact.
- We recommend that more education be provided to Albertans on the justice system.
- We recommend that procedures be simplified and in plain language wherever possible.
- We recommend that guidelines be developed for each aspect of the process and the time that process should take.
- We recommend that we increase access to alternative solutions.
- We recommend consolidation of the laws and courts so that jurisdictions are simpler.
- We recommend that technology be used in the justice system to increase accessibility and awareness.
- We recommend that there be an increase and restructuring of community programs to make resources useful to participants in the justice system and the community in general.
Group D
- We recommend, in the area of education, that justice education be provided for all Albertans.
- resources be provided to educators to develop a curriculum. justice education to be a mandatory subject for all K-12 grades in Alberta.
- resources be made available to inform or educate all Albertans regarding Alberta justice
- We recommend that needed financial resources be committed to justice, in city and remote areas.
- We recommend that the justice system should
a.) reflect the diversity of the community in which it operates and
b.) We recommend that societal laws should reflect the needs and interest of all sectors and communities.
- We recommend implementation of cross cultural training be adopted with the goal of eliminating systemic injustice.
- We recommend that within six months there be development and implementation of a specific action plan based on input collected during the summit process on alternatives to dispute resolution.
- We recommend that the process and procedures be simplified by the use of plain language and the re-creation of a user friendly and less intimidating environment.
Group E
- We recommend that the justice system take a leadership role in ensuring the system be integrated to provide a simplified, seamless access to services.
- We recommend that the justice system take a leadership role in providing increased funding for the entire system.
- We recommend that the justice system take a leadership role in developing an education system for schools and public with sufficient funding .
- We recommend that the justice system take a leadership role in developing specialized courts and specialized training for court personnel.
- We recommend that the justice system take a leadership role in revamping/reviewing and being open to change of the criminal justice system on a continuous basis.
- We recommend that the justice system take a leadership role in simplifying and defining the rocesses of justice.
- We recommend that the justice system take a leadership role in recruiting into the system persons of diverse cultural and linguistic alternatives.
- We recommend that the justice system take a leadership role in ensuring victims and their rights be served by the justice system and these rights be legislated.
Group F
- We recommend that the justice system enhance local delivery.
- We recommend that the justice system provide more money.
- We recommend that the justice system have flexible operations while respecting fundamental principles.
- We recommend that there be on-going public education, knowledge and, awareness.
- We recommend that the justice system use alternative delivery systems.
- We recommend that the justice system be in-house and sensitive.
- We recommend that there be increased in-house training and sensitivity.
Group G
- We recommend that the province provide legal counsel to anyone that requests it.
- We recommend that the province enhance the delivery of a comprehensive education curriculum in schools, including but not limited to alternative dispute resolution, knowledge about the criminal justice system, the development of the law, the role of the police, etc. Further, we recommend that the media become better educated about the criminal justice system and that they assume a larger role in informing and educating the public.
- We recommend that the province foster an ongoing consultative process with the public and affected groups on legislative matters and issues of law.
- We recommend that the province provide education at all levels of the justice system on different cultures, victimization, domestic violence, poverty and other social issues that have an impact on the criminal justice system.
- We recommend that the justice system be simplified.
Group H
- We recommend that youth and family crime prevention emphasize early intervention and social development. (Education)
- We recommend increased utilization of restorative justice initiatives both pre and post charge where victims agree.
- We recommend the creation of a broadly based task force to deal with public education and access to the justice system, including a terms of reference that involves all stakeholders.
- We recommend an increase in funding in all components of the justice system to meet identified need, streamline the process, deliver programs, and monitor outcomes.
- We recommend that the court system must be more user friendly.
- We recommend that jurisdictions need to be clarified and defined and liase with each other (especially in family/criminal court).
Group I
- We recommend simplifying the legal language.
- We recommend the restructuring of legal aid to improve accessibility and quality.
- We recommend simplifying the court processes while making it more people sensitive.
- We recommend ensuring supportive counseling and interpretative services are available to all, to increase the publics understanding throughout the court process.
- We recommend increased resources for victims.
- We recommend the increased use of alternative and diversionary measures for less serious crimes.
- We recommend increased awareness of the justice system through mandatory education in the school system and ongoing public education.
- We recommend ongoing mandatory training in cultural, social, mental health and victim issues for judges, crowns and others involved in the court system.
- We recommend increased use of independent experts by the court to increase their awareness of social issues before them.
- We recommend an increased presence of Metis and First Nations on the bench and in crown and court system.
Youth and the Justice System
Group A
- We recommend that the public be provided with statistics and factual information about the youth justice system. (Education)
- We recommend that strategies focussed on early intervention resulting in prevention be developed. (Prevention)
- We recommend that restorative justice be implemented through out the youth justice system. (Restorative Justice)
- We recommend that the allocation of funds and human resources reflect in depth planning addressing community, rural, and urban needs. (Reallocation)
- We recommend that responses to youth crime should reflect shared responsibility of Government and community. (Shared Responsibility)
Group B
- We recommend that the system become less punitive. (No concensus)
- We recommend that the youth and family become more accountable to the public.(No concensus)
- We recommend that there be more open custody.
- We recommend that there be more meaningful alternative measure programs within the Young Offenders' Act.
- We recommend that solutions and measures be family focussed.
- We recommend that harsher sentences to suit the crime with incarceration as a last resort. (no concensus)
- We recommend that there is meaningful integration of youth in the community
- We recommend that more funding to communities for youth programs, service and education.
Group C
- We recommend that:
A) offenders be held accountable to victims & the community through restitution, public awareness & alternative methods of resolution.
B) Conditions of court orders be enforced strictly & publicly directed.
- We recommend that sentencing should reflect the crime and can include jail, restitution, community involvement, etc.
- We recommend that sentencing be strictly and consistently applied in accordance with the Young Offenders Act.
- We recommend the implementation of intensive rehabilitative programs and training programs for lesser offences to facilitate rehabilitation.
- We recommend that the age limits of a young offender should be lower. (i.e. lower limit & upper limit)
- We recommend that the young offender system be more open to the public and that more education be provided on that system.
- We recommend that we seek more accountability and education toward deterrence for both youth, families and the community.
Group D
- a) We recommend that Alberta justice develop a plan to provide timely and accurate information to the media.
b) We recommend that the media must not sensationalize crime to sell.
c) We recommend that the media must not promote the criminal behavior of youth.
- We recommend that both levels of government (Federal and Provincial) must work together to resolve jurisdictional issues in the Youth Offenders Act.
- We recommend that wherever possible restorative alternatives such as Youth Justice Committee be utilized and resourced.
- We recommend that there be partnerships between corporate Alberta and the justice system to provide opportunities for youth in trouble.
- a) We recommend that there be progressive sentencing for repeat/chronic offenders.
b) We recommend that there is a need for consistent sentencing.
- a) We recommend that there be a community approach to discipline.
b) We recommend that there is a community responsibility for prevention.
- a) We recommend that the disparity between treatment of aboriginal youth and non aboriginal youth be eliminated.
b) We recommend that the justice system must address and consider socio-economic conditions as they relate to all young offenders.
- We recommend that a system of after care programs be implemented at the community level.
- We recognize that children are our future and the environment in which they live is critical to their development as healthy, well-balanced contributing members of society. In recognition of this environment, we recommend the Government of Alberta develop an inter-departmental strategy targeting the youth of the Province.
Group E
- We recommend that the justice system take a leadership role in making a comprehensive commitment to prevention and early intervention with follow-up.
- We recommend that the justice system take a leadership role in creating community and youth partnerships to seek solutions.
- We recommend that the justice system take a leadership role in providing education to enhance parenting skills and community values.
- We recommend that the justice system take a leadership role in ensuring appropriate sentencing that focuses on responsibility and accountability.
- We recommend that the justice system take a leadership role in dispelling the myths around youth.
Group F
- We recommend that the justice system have youth involvement in counseling and restorative solutions.
- We recommend that the justice system promote early intervention.
- We recommend that the justice system use appropriate sentencing.
- We recommend that the justice system have citizenship education and responsibilities.
- We recommend that the justice system utilize victim input.
- We recommend that the justice system provide more money.
Group G
- We recommend expanding the use of alternative measures in response to youth crime including victim-offender mediation, community conferencing, police cautioning and youth justice committees.
- We recommend that parents be held accountable for the behavior of their children and that they be included in the sentencing process.
- We recommend that youth at risk be identified and that appropriate and dependable levels of funding be provided for early social intervention strategies e.g., Head Start programs, pre natal care, etc.
- We recommend that custodial sentences be reserved for only the most serious offenses and ensure that the punishment fits the crime.
- We recommend that there be a lower minimum age for the Young Offenders Act.
Group H
- We recommend that the justice system remove the secrecy publish names of those repeat offenders who have been convicted. (2 dissenters - no consensus)
- We recommend that to engender respect in the system, the Young Offenders Act needs to be strengthened and amended to deal adequately with repeat offenders, violent/chronic young offenders under and over the age of 12 and be consistently enforced.
- We recommend that the Alberta government in collaboration with the private sector organize and fund a province-wide community program on:
- the role of alcohol and drugs in crime
- the resources available in preventative and rehabilitation programs
- the importance of early intervention and social development for children.
- We recommend that the Young Offenders Act must simplify the process of transferring youth to adult court to deal with serious and chronic offenders.
- We recommend that the justice system encourage communities and families to work together to instill values of caring and responsibility in youth.
- We recommend that the Alberta government consider developing legislation to enable the civil liability of parents for actions of the children in relation to victims of crime. (4 dissenters - no consensus)
Group I
- a) We recommend that a two tiered system under the young offenders to address the serious and repeat offenders.
b) We recommend that appropriate punishment be administered to reflect the crime.
- We recommend that Government show the political will to address and finance the young offender issues and stop being penny wise and pound foolish.
- We recommend that the parents be made more accountable in the young offenders judicial process.
- We recommend funding educational and support programs for the Metis and Aboriginal youth for rehabilitation and culturally sensitive alternative measures (funding).
- We recommend that the Government take a holistic approach to Young Offenders (Y.O.)
- We recommend that more diversion of less serious young offenders out of the court system and to increase integrated community based support services for young offenders and families.
- We recommend the support of increased authority of teachers and parents to deal with behavioral problems.
Policing
Group A
- We recommend that Police forces should reflect the composition of the community it serves while maintaining professional recruitment standards.
- We recommend that existing task force recommendations regarding policing be acted upon.
- We recommend that the police review and oversight process requires community ownership.
- We recommend that there be more funding for policing (community policing).
- We recommend that police focus should be on protection rather than revenue generation.
- We recommend that the existing system, while good, be improved.
Group B
- We recommend that an aboriginal advocate be established.
- We recommend that there be respect for Treaty 7.
- We recommend that there be more funding for police services. (Non consensus)
- We recommend that a monitoring committee be established when dealing with allegation of abuse.
- We recommend that there be more thought given to the recruitment of officers.
- We recommend that police become more integrally involved in the community.
- We recommend that there be more diversity awareness training.
- We recommend that there be more coordination between community court system and police.
- We recommend that the traffic policy regulations and RCMP- Municipal agreement be reviewed.
- We recommend that all Treaties in Alberta be respected.
- We recommend that all Metis Nation in Alberta be respected.
Group C
- We recommend that more & better training for all police forces, including improved people skills and cross cultural training.
- We recommend that more funding & resources per officer be made available equally to all police forces (1st nations, RCMP, provincial shall be treated equally).
- We recommend that effective integration & cooperation of/between police services which would reduce jurisdictional disputes.
- We recommend that direct involvement of the community in the conduct of police agencies and guided discretion by police as to whether or not a charge is laid.
- We recommend that there be more police involvement in the community through neighborhood police offices to strengthen community programs (e.g. Neighborhood Watch & Crimestoppers).
- We recommend that police forces continue to reflect multi-cultural elements of society
- We recommend that police officers be provided with the means to do more policing and less administrative tasks.
- We recommend that within each police force all candidates should be given equal consideration.
Group D
- We recommend an increase in funding to provide adequate community involvement ie: reallocation of resources.
- We recommend that on-going training to be provided to police on community needs and ethnic diversity.
- We recommend that an increase in community involvement -- establish rapport with media and educational institutions.
- We recommend that hiring should be based on merit with greater attention to psychological factors.
- We recommend that increased expectations in policing standards shall be compensated accordingly.
- . We recommend that policies on use of force be consistent from area to area and the public be aware of these policies.
- We recommend that effort should be made to encourage police to become true community members while remaining effective law enforcement officers.
- a) We recommend that Alberta justice develop a 1-800 number complaint line -independent of police services.
b) We recommend that there be a recording and reporting of "use of force".
Group E
- We recommend that the justice system take a leadership role in increasing the level of service to ensure that community policing occurs in Alberta.
- We recommend that the justice system take a leadership role in providing comprehensive, ongoing and diverse training.
- We recommend that the justice system take a leadership role in providing improved training and support to Aboriginal Police Forces to ensure their success.
- We recommend that the justice system take a leadership role in using technology and the MIS system to remain current in police practices.
- We recommend that the justice system take a leadership role in increasing financial and training support and continued development of victim services.
Group F
- We recommend that the justice system take a leadership role in increasing the level of service to ensure that community policing occurs in Alberta.
- We recommend that improved standardized training be implemented.
- We recommend that there is consistent application of the law.
- We recommend that auxiliary programs be developed to address minor crimes.
- We recommend that there be improved interagency cooperation & communication.
- We recommend that there be enhanced sensitivity to aboriginal issues.
Group G
- We recommend that there be increased recruitment of visible minorities in all federal, provincial and municipal police forces.
- We recommend that there be increased and equitable funding for First Nations police.
- We recommend that there be an independent and external public complaints review body established.
- We recommend that there be an improvement of a comprehensive training and educational program for all federal, provincial and municipal and first nation police services, including improved cross-cultural training and gender issues.
- We recommend that there be increased use of community based policing strategies by all federal, provincial and municipal police forces.
Group H
- We recommend that the defense bar be encouraged to advise the crown prior to trial when the evidence of crown witnesses can be admitted without testifying. (efficient use of police time)
- We recommend that Aboriginal police services should receive the same training and funding as non-aboriginal police services that are performing the same function.
- We recommend putting more aboriginal and minority police in non-aboriginal police forces.
- We recommend that there be more community policing programs to jointly identify and solve community problems at the community level.
- We recommend that there be more funding, no reductions in staffing levels if crime rates are dropping, it may be due to good crime prevention and community policing initiatives and these also, like enforcement, takes manpower to deliver.
- We recommend that the Alberta Government actively recruit compensate and take measures to retain increased numbers of qualified crown council to support the investigative work of the police.
- We recommend adequate ongoing emphasis on communication skills training to improve relations.
- We recommend more varied career options for police to encourage social stability, therefore improving community relations.
Group I
- We recommend that Government should continue with development of First Nations Police Services.
- We recommend the justice system properly fund the First Nations police service to ensure proper training and equipment.
- a) We recommend that need to recruit more Aboriginal and Metis for mainstream police service.
b) We recommend the need to continue to recruit more female officers.
- We recommend that more funding be allocated for recruitment, training and equipment.
- We recommend that Police services continue with their cultural, social, conflict resolution, sensitivity training and police accountability.
- We recommend that police funding should come from general revenue and not from police generated revenue.
- We recommend that more police visibility and community interaction.
Victims - Their Rights and Their Involvement in the System
Group A
- We recommend that the rights of the victim must be balanced with the rights of the accused.
- We recommend that crime compensation programs be reviewed and expanded.
- We recommend that victim impact statements continue to be an important part of the justice system.
- We recommend that accessibility to the justice process for victims increase.
Group B
- We recommend that the victim should receive restitution from the offender.
- We recommend that more resources for victims healing be developed and readily available.
- We recommend more sensitivity to children who have been victimized.
- We recommend the system be designed to avoid re-victimization.
- We recommend that victim impact statements affect sentencing. (No concensus)
- We recommend that well being and protection of victims be a priority.
- We recommend that there be an introduction of restorative justice initiative.
- We recommend that Alberta justice accept diversion alternatives.
- We recommend that victims must not be forced to participate in aboriginal sentencing circles.
Group C
- We recommend that the victim should have the right to more involvement on decisions about punishment.
- We recommend that victims rights be clearly defined and victims given equal status with all other participants in the court process.
- We recommend that restitution be a major required, component in all sentencing where applicable.
- We recommend that victims appearing as witnesses be entitled to legal council.
- We recommend that the justice system value the input of victims into the investigative and court process and provide the right to confront the offender.
- We recommend that: a) creation of agency to advise victims of their recourse and resources in a comfortable (safe) environment earlier; and b) victim services required in more areas.
- We recommend that victims should be educated as to how to prevent being re-offended against & re-victimized by the judicial system
- We recommend that persons committing "victim scams" should be prosecuted to the fullest extent of the law.
Group D
- We recommend that victims be given more access/involvement in the criminal process.
- We recommend that there be development of a guaranteed Victims 'Bill of Rights'.
- We recommend that victims be involved in the sentencing process with the inclusion of a restorative system.
- We recommend that victims must be respected and supported throughout the justice process not-victimized. Special consideration should be given to children who are involved.
- We recommend that Alberta continue to encourage the appropriate and responsible use of victim impact statements.
- We recommend that additional resources be made available for services for all victims.
- We recommend that victim involvement be continued throughout entire process.
Group E
- We recommend that Alberta Justice establish an office in the Victim Advocate that reports to the Alberta legislature.
- We recommend that the justice system further define victim's rights and enshrine them in legislation.
- We recommend that the justice system develop victims assistance programs and rehabilitation that are effective across the province.
- We recommend that the justice system provide professional development programs for justice personnel in the area of 'victimology'.
- We recommend that the justice system ensure adequate funding for victim services throughout Alberta and ensure the implementation of fees/surcharges.
- We recommend that the justice system improve the crime compensation board to ensure speedy delivery of services and dignity for all victims.
- We recommend that the justice system encourage the unity/oneness of all people.
Group F
- We recommend the allocation of additional resources to optimize the implementation of victims' rights.
- We recommend that training be implemented to create sensitivity to victims' concerns.
- We recommend the promotion of victim advocacy through respect and privacy.
- We recommend that penalties, rights, and compensation be recognized in legislation (charter & VOC).
- We recommend that victims are protected from offenders.
Group G
- We recommend that there be ongoing training and education for criminal justice personnel in the areas of victimization.
- We recommend that there be increased use of alternate dispute resolution mechanisms to more adequately include the victim in the process.
- We recommend that there be increased support for victims at all stages of the criminal justice system process including.
- consistent application and collection of fine surcharges,
- consistent use of and respect for victim impact statements,
- ongoing funding for victims assistance groups and programs,
- victim initiated notification of offender status.
- We recommend that trials be expedited in a timely fashion to avoid inordinate delays for the victim.
Group H
- We recommend that federal and provincial governments take steps to make the justice system more sensitive to the need of child victims and witnesses.
- We recommend that the justice department fund the creation and operation of a victim information phone line designed to ensure the program is serving the needs of the victims.
- We recommend that that the justice system ensure that the victim impact statement shall not be disclosed to the defense before conviction.
- We recommend that in order to establish a sustained, consistent continuum of services for victims, ongoing stable and adequate base funding be provided to victim's services.
- We recommend that victim impact statements be reviewed in consultation with victim's organizations to ensure the program is serving the interests of victims:
a) That the justice system ensures that the victim impact statement shall not be disclosed to the defense before conviction
b )victims be allowed to update ie for release/parole hearings
c)ability to deliver written or oral or videotaped
d) standardized, consistent in all styles of process (sentencing, release, etc.).
- We recommend that it be mandatory to consider and evaluate victim safety in all bail/release decisions.
- We recommend more extensive research, training, education in victims issues for all service providers in the justice/health system.
- We recommend creating a task force involving justice, crown pros., service providers and victim supporters, and victims to develop meaningful strategies to make concrete improvements to the provincial justice system to make involvement more satisfying and meaningful to victims.
- We recommend to increase the maximum number of dollars that can be given to victims from the Victims of Crime Fund.
Group I
- We recommend that Victims be advised of their rights and provided information on their case throughout the whole process.
- We recommend that there needs to be an increase of monetary compensation for the victim if possible by the perpetrator.
- We recommend that victims be allowed to play a role in sentencing if desired.
- We recommend that justice continue to develop victim programs and keep victim issues as a priority.
- We recommend that special procedures be developed to protect and more be sensitive to child victims and witnesses.
- We recommend the judges and crown take mandatory training to become more sensitive and responsive to needs (including emotional) of victims.
- We recommend that the Victims Advocate Office be funded from victims fine surcharges to obtain compensation from perpetrator.
- We recommend that the justice system review the impact of sexual and family abuse upon victims.
Crime Prevention
Group A
- We recommend that program development and operation should be driven by individual communities, not centrally.
- We recommend that early intervention be a priority with a focus on prenatal, preschool and parenting.
- We recommend that self defense should remain a valid defense to physical crimes.
- We recommend that adequate program funding should be allotted to ensure longevity of community programs.
- We recommend that social problems should be considered a vital cause of crime and should be addressed before crimes are committed.
- We recommend that offences which do not have broad-based public support be decriminalized.
Group B
- We recommend that there be public notification of persons involved in certain crimes. (No consensus)
- We recommend that more security measures be directed to crime prevention.
- We recommend that healthy gender awareness and development programs be created.
- We recommend that social programs relating to crime prevention be strengthened.
- We recommend that families are more involved as a unit.
- We recommend that preventative programs be maintained/ monitored.
- We recommend that there be greater community involvement.
- We recommend that grade school preventive education be implemented.
- We recommend that we educate people about power dynamics.
- We recommend that education (not training) and awareness building programs be developed.
- We recommend that home security measures be directed to crime prevention. (No concensus)
Group C
- We recommend that we support programs that will educate and encourage the community to work together & to feel safe in reporting criminal behavior in an effort to prevent crime.
- We recommend that more funding be found for better cross-cultural training & community involvement for police forces to better serve the community.
- We recommend that priority be given to instilling of societal values & respect for others through emphasis on the extended family role models & targeting of children from abused homes & the foster care system.
- We recommend that the government as a whole should work to identify & resolve social problems that may lead to later criminal behavior. (re: illiteracy, domestic violence, substance abuse, unstable family situations
- We recommend an increase in youth activities based in the community. (i.e. Sports, clubs)
- We recommend that kids should be educated on the consequences of criminal behavior & how it can affect their lives of others.
- We recommend that prevention and alleviation of the conditions of poverty become a crucial priority of the community and government.
Group D
- We recommend a greater allocation of resources for education at all levels: youth, teen, school, community.
- We recommend that appropriate levels of funding be allocated for crime prevention and education.
- We recommend that an effort be made for existing and future programs to be collaborative between all sectors of the community.
- We recommend that federal and provincial departments of justice in partnership with government agency and community organizations study the "root" causes of crime.
- We recommend that communities take ownership and work in partnership with the justice system to promote crime prevention.
Group E
- We recommend that the justice system take a leadership role in ensuring that sufficient police are visible and available.
- We recommend that the justice system take a leadership role in provide communities with continuing support, encouragement and increased awareness of programs available
- We recommend that the justice system take a leadership role in truth in sentencing and serving thereof.
- We recommend that the justice system take a leadership role in commitment to crime prevention through social development.
- We recommend that the justice system take a leadership role in addressing legislation to promote crime prevention.
- We recommend that the justice system take a leadership role in clarifying and communicating the laws regarding high tech crimes.
Group F
- We recommend that funding be increased for police and corrections.
- We recommend the creation of a foundation to support programs.
- We recommend the fostering of ethical beliefs (don't mess with Mama!).
- We recommend that there be a standard application of law.
- We recommend that there is more recognition of public and judicial employees.
- We recommend that there is better reporting and communicating within the system.
- We recommend the fostering of community involvement in public safety.
Group G
- We recommend that the MLA recommendation to establish a Task Force to examine crime prevention strategies not be implemented. Rather we recommend that an independent review of crime prevention alternatives be initiated with a view to establishing a crime prevention strategy.
- We recommend that crime prevention strategies should be directed towards youth, including those at risk and should include social development strategies such as addressing poverty issues, family and parenting skills, early intervention reading skills and pre natal care. Adequate and ongoing funding resources should be directed towards these strategies.
- We recommend that training, education incentives and support should be provided for volunteers involved in crime prevention.
- We recommend that increased involvement of community members in policing, crime prevention programs and alternative justice models.
- We recommend that consideration be given to permanent assignment of police officers to communities.
Group H
- We recommend that that the Alberta government integrate crime prevention and knowledge of the justice system directly into the school curriculum.
- We recommend that the all-Party MLA recommendation be fully endorsed.
- a task force be struck with representation from appropriate provincial, federal, and municipal overnment department and health, mental health, education, justice, and social service agencies and develop an integrated crime prevention strategy for Alberta based on principal of crime prevention through early intervention initiatives and sound social development-- with the provision that the task force include private sector representation.
- We recommend long-term programs for education and job skills usable in today's society.
- We recommend better screening of immigrants to Canada with regard to criminal history so as to determine legitimate refuge/immigrant status.
Group I
- We recommend police be more visible in schools and the community and more involved in crime prevention.
- We recommend increased or reallocation of funding to provide for a more holistic approach to crime prevention as a priority.
- We recommend the set up of community based crime prevention programs supported by provincial government departments.
- We recommend First Nation and Metis crime prevention be specifically addressed by the Provincial and Federal Governments.
- We recommend crime prevention must be addressed by all government departments in an integrated and coordinated way.
- We recommend the support of increased authority of teachers and parents to deal with behavioral problems Move to young offenders.
- We recommend crime prevention be introduced into the school curriculum at the elementary level and up.
First Nations, Metis and Inuit Justice
Group A
- We recommend that action be taken to address the reports already generated with the view of acceptance or rejection of their recommendations.
- We recommend that with regard to the reports already generated, there be government accountability for money spent and issues not addressed.
Additionally, Group A reviewed the recommendations provided in the delegate handbook:
Metis Nation:
- We support the recommendations in the delegate handbook. Metis Settlements of Alberta
- We recommend that in point two of the recommendations be amended to read that 'equitable funding be provided to all police services across Alberta'.
- In reviewing point 7, there was no consensus.
- In reviewing points 11 and 12, we recommend that these be points be deleted and referenced with our recommendations put forth from the discussion on Youth and the Justice System in Alberta.
- In reviewing point 16, we recommend its deletion as it has been addressed by our first recommendation.
Aboriginal Mini-Summit on Justice
- We support the recommendations in the delegate handbook with the exception of points 5 and 8 where there was no consensus from our discussion.
Treaty 8 First Nations of Alberta
- We support point one of the recommendations in the delegate handbook. There was no consensus for points 2 and 3 from our discussion.
Treaty 6 First Nations of Alberta
- We support the recommendations in the delegate handbook with the amendment of: Development of an annual report on First Nations, Metis and Inuit justice issues to be submitted on an annual basis by the Alberta Department of Justice to First Nations, Treaty Tribal Councils, the First Nations, the First Nations Advisory Committee, the Alberta Department of Justice and the provincial legislature.
Treaty 7 First Nations of Alberta
- We support the recommendations in the delegate handbook with the exception of point 2 where there was no consensus from our discussion.
Alberta Indigenous Lawyers, Law Society of Alberta
- We support the recommendations in the delegate handbook.
All-Party MLA Public Consultation Committee
- We support the recommendations in the delegate handbook with the exception of point 4 where there was no consensus from our discussion.
Group B
- We recommend that funding be based on need and audited annually for training and preventive programs.
- We recommend that the Cawsey, Royal Commission and the Ownership and Responsibilities Metis Workshop and Reports be implemented.
- We recommend that a Metis Justice System be established and implemented.
- We recommend that indigenization of the justice system be adopted.
- We recommend that support be given to Judge Reiley.
- We recommend that more appropriate programs for Aboriginal women in conflict with the law be developed and maintained.
- We recommend that the current practices in child welfare need to be evaluated and changed to eliminate cultural bias.
- We recommend that there be an independent body to investigate police complaints.
- We recommend that the root causes of crime be addressed with emphasis on parental involvement.
- We recommend that the rights of Indians or Treaty Indians cannot be terminated.
Group C
- A) We recommend that First Nations, Metis & Inuit have authority, jurisdiction & accountability to administer their own justice system with appropriate funding from government.
B) We recommend that there be more use of alternative resolution methods for Aboriginal people outside of reserves/settlements.
- We recommend that education be provided in schools and for the general public on Metis, 1st Nations, Inuit, Treaties & Aboriginal Justice systems using all technologies available.
- We recommend that education & cross cultural education, training & methods for justice & social services personnel. (Non-consensus)
- We recommend that Alberta Justice updates & implements the recommendations of previous reports. (Cawsey, etc)
- We recommend that interactions be enhanced between aboriginal & other cultures to foster cultural understandings.
- We recommend that curriculum be created for school age children to foster understanding of Aboriginal & non-aboriginal justice. (Non-consensus)
- A) We recommend that more resources & training be allocated to Aboriginal policing.
B) We recommend that resources be increased to strongly address specific social problems. (eg. Unemployment, low education which serves as contributors of crime.)
- We recommend that to the extent possible, there be a joint implementation of services (re: Justice/Law) and that there be a blend of primary characteristics of Alberta- Aboriginal systems of "Justice/law/punishment". (Non-Consensus)
- We recommend that the Aboriginal system of "government" and the Alberta system of municipal government be integrated/blended with a "phasing-out" of Federal involvement. (Non-consensus)
- We recommend that Aboriginal be included in high level talks in the Justice System. (e.g. First Ministers Meetings on Justice & Social Union Matters).
- We recommend that there be increased learning opportunities for incarcerated individuals. (Non-Consensus.)
- . We recommend that there be an education of, and encouragement for, Aboriginal personnel working in the Justice System.
Group D
- a.)We recommend that the Justice Department collaborate with other departments to develop and provide information, education and programs to the public on aboriginal cultures and values.
b.)We recommend that the Justice Department in collaboration with aboriginal leaders and communities develop and provide education to law enforcement and the justice system to increase knowledge and understanding of aboriginal cultures and values.
c.)We recommend that there be an increase in direct involvement of the native community in the justice process so as to develop a sense of ownership.
- We recommend that there be an increase in the representation of Aboriginal, Metis and Inuit in all levels of the justice system.
- We recommend that there be a responsible increase in social programs to address the socio-economic issues.
- We recommend that Alberta Justice ensure that aboriginal people have appropriate legal counsel.
- a.)We recommend that Alberta Justice establish funding for community-based justice programs.
b.)We recommend that sentencing of aboriginal people include provisions for the healing process.
c.)We recommend that there be new funding for adequate programs for restorative justice.
- We recommend that both levels of government review and ensure funding and resources for programs, services and crime prevention initiatives for all aboriginal people.
- We recommend that greater emphasis be placed on prevention.
- We recommend that more attention be paid to the issues of aboriginal women and youth.
Group E
- We recommend that the justice system take a leadership role in initiating a review of restrictions within the Indian Act.
- We recommend that the justice system establish an Aboriginal Justice Commission as set out in the Cawsey Report and implement the recommendations in the Cawsey report, delegate workbook and the Royal Commission on Aboriginal People. (RCAP) (i.e. the Indigenous Lawyers Association and the Law Society of Alberta.)
- We recommend that the justice system include representatives from all Aboriginal groups in talks relating to justice, including high level talks.
- We recommend that the Aboriginal voice be valued and heard.
- We recommend that the Alberta justice system respect the recommendations put forward time and again and start implementing them.
Group F
- We recommend that the need for action is critical! Demonstrate sincerity by acting on these and previous recommendations: Implement the Cawsey report.
- We recommend the encouragement of the healing and community approach to justice.
- We recommend that Albertans are motivated to build on mutual opportunities towards change and respect.
- We recommend that community-based social programs are delivered.
- We recommend that Aboriginal people are given back the responsibility for their own actions.
Group G
- We recommend that Alberta Justice support the 1998 submissions of the Alberta Indigenous Lawyers and the All-Party Consultation Committee with respect to FNMI justice issues.
- We strongly recommend that Alberta Justice implement the recommendations of the Cawsey Commission.
- We recommend that there be increased education for criminal justice personnel in the area of FNMI culture, tradition and values.
- We recommend that there be an integration of police training programs to establish a province-wide training centre/program dedicated to FNMI policing.
- We recommend that there be an implementation of an education and mentoring program for FNMI children focusing on the criminal justice system and criminal justice careers. This would include the teachings of the elders.
- We recommend that an aboriginal justice system be established, with control in the areas of policing, courts, sentencing and corrections. The system must endeavor to reflect the uniqueness of individual bands and settlements.
- We recommend that a process be established to educate the criminal justice system as to how to make positive change without infringement of original Treaty rights.
Group H
- We recommend that the Alberta government explore ways to educate First Nations, Metis and Inuit people on the current justice system.
- We recommend encouraging the Alberta government to pilot a justice system administered entirely by the Aboriginal community.
- We recommend that the Alberta government explore some Aboriginal role model programs to develop qualified Aboriginal candidates for all aspects of the justice system.
- We recommend that the Alberta government express the concerns of the summit to the federal government, that they live up to their constitutional and treaty responsibilities for Aboriginal justice programs and in particular those related to human resources and funding.
- Since much of the involvement of urban Aboriginal people with the justice system is related to poverty, we recommend greater co-ordination between federal and provincial governments on social, housing, health, education, employment, alcohol treatment, employment and justice programs.
Group I
- We recommend that the government must hire more Metis and First Nation judges, crown's and court personnel. (This will not require extra funding).
- a) We recommend the government must fund programs to provide culturally sensitive training for people within the justice system.
b) We recommend the government must fund and support community based First Nation and Metis justice initiatives.
- We recommend that there be ongoing public awareness and education programs dealing with First Nation, Metis history, cultural and justice issues.
- We recommend that the government support a First Nation, Metis and initiatives regarding separate First Nation and Metis justice systems.
- a)The government must show the political will to act on the First Nation and Metis justice issues which have been identified many times before.
b)The government must reduce the disproportional over representation of First Nation and Metis caught up in the Justice System.
- We recommend the government must provide equal funding to First Nation police services for training, resources, and pay equal to RCMP and large municipal police forces.
- We recommend that mandatory ongoing cultural sensitive training must be provided to workers in the justice system.
- We recommend the government work with First Nations and Metis people to address self esteem and self identity issues caused by assimilation and historical events.
Alternatives to Existing Justice System Processes
Group A
- We recommend that privatization (not for profit) partnerships be expanded.
- We recommend that funds and staffing should be reallocated from jails to diversion.
- We recommend that Judges should be encouraged to consider alternatives to incarceration.
- We recommend that diversion programs should be mainstream rather than alternative.
- We recommend that restorative justice programs should be developed to meet the needs of the mentally ill.
- We recommend that restorative justice programs should be developed to meet the needs of the mentally ill. (Diversion meaning both pre and post criminal charge).
Group B
- We recommend that any changes affecting the Justice Summit System must adhere to the Canadian Charter of Rights. (No consensus)
- We recommend that a Metis Justice System be implemented as an alternative measure.
- We recommend that we promote more alternative measures programs & JDR.
- We recommend that Metis Judiciary Council be recognized by the Alberta Government.
- We recommend that there be more mediation in the young offenders program between youth and family victim.
Group C
- We recommend that we recognize the strengths of Aboriginal and Non-Aboriginal justice systems and encourage the acceptance of both in each system where feasible.
- We recommend that the justice system needs to consider public shaming in the community as an option in punishing offenders. (No Consensus)
- We recommend that an increase in community sentencing before considering incarceration.
- We recommend that Alternative Dispute Resolution be given top priority in the justice system to save money, time and give victims a sense of satisfaction.
- We recommend that the justice system include acceptance of change in its mission.
- We recommend that specific minor offences be diverted into pre-defined alternative measures/sanctions.
- We recommend that peer programs should be brought into the community.
Group D
- We recommend that Alberta Justice support, resource and expand alternative programs now operating within government and community agencies.
Group E
- We recommend that a comprehensive training program be implemented for those who administer alternative dispute resolution and restorative justice programs.
- We recommend that Alberta Justice continue to expand the use of alternative dispute resolution and restorative justice programs.
- We recommend that the Justice provide adequate resources to ensure program management, accountability and follow-up of alternative dispute resolutions and restorative justice program. (ie. Mediation)
- We recommend that Alberta Justice take steps to inform the public as to the value and effect of the alternative dispute resolution and restorative justice programs.
- We recommend that alternatives to the Justice Systems must be voluntary for all parties and must not be mandatory incases of violent crimes and especially not in cases of domestic violence.
Group F
- We recommend that ongoing reviews be done to ensure alternatives work and incorporate those that do.
- We recommend that there be intelligent flexible application of alternative measures.
- We recommend the use of existing and development of rehabilitation programs to support alternatives.
- We recommend that education strategies for prevention and intervention for youth be implemented.
- We recommend that Aboriginal justice ownership with consistent standards and application be expanded.
Group G
- We recommend that wherever applicable, expanded use of restorative justice programs including community conferencing, alternate measures, victim-offender mediation, and healing and sentencing circles in all Alberta jurisdictions.
- We recommend that funding for the appointment of 4 judges (2 in Edmonton and 2 in Calgary) to screen civil and criminal matters for alternate justice possibilities and case management.
- We recommend that a summit is to be established to improve alternatives in civil justice, including members of government, the judiciary, legal profession, victim support groups, industry, the medical profession and members of the public.
- We recommend that there be an increase in training and education for the criminal justice personnel and community members in the philosophy and practice of restorative justice programs.
Group H
- We recommend that a provision be made in the criminal code and Young Offenders Act for police diversion, for their own Alternative Measures programs apart from provincial programs.
- We recommend that the government recognize the value of investing dollars for coordinators and supervisors and expenses for volunteer programs such as Family Group Conferencing, Community Justice Forums, Victim Assistance Programs and for follow-up on Alternative Measures programs.
- We recommend that group H endorse the recommendations of the all-party MLA public consultation committee with a particular focus on individual community needs.
- We recommend that as part of restorative justice, the province assist victims in the collection of compensation for damages suffered, including court compensation orders.
- We recommend the development of more pre-charge programs such as family group conferences and community justice forums for both adult and young offenders.
- We recommend that the courts and jails should only deal with the chronic, serious and violent cases.
- We recommend that the government examine a return to the employment of lay persons as an alternative to lawyers for some positions in the justice systems (ie. lay JP's, lay magistrates for non-serious offenses)
Group I
- We recommend that the community be involved to provide stronger support for victims and rehabilitation for the offenders.
- We recommend that the government accept as valid healing and restorative traditions used in First Nations and Metis communities and to be developed and used as models in the main stream justice system.
- We recommend that the govt. accept as valid Healing and restorative traditions used in First Nations and Metis communities and to be developed and used as models in the main stream justice system.
- We recommend that First Nations and Metis people should establish their own corrections system.
- We recommend that government expand categories of offenses eligible for sentencing alternatives.
- We recommend that police be given the discretionary power with the assistance of the community to deal with minor offenses when they occur.
- We recommend that crown prosecutors should be independent agents, part of the criminal bar, doing both prosecution and defense.
- We recommend that government follow and implement the recommendations of alternative justice methods presented earlier by the MNA.
- We recommend that whenever possible in civil, family, youth and criminal cases restorative justice approaches be used as a first option.
- We recommend that Alberta justice provide direction, leadership and funding in formalizing a community based restorative justice system.
- We recommend that restorative Justice be considered as an option where circumstances warrant, but not be used as a standard response in dealing with victims in sexual assault and family violence.
Public Confidence in the Justice System
Group A
- We recommend that Alberta Justice must report back to the delegates and to the public on the Alberta Justice Summit results and follow-up within six months.
- We recommend that the law and judicial process reflect the democratic will of Canadians.
- We recommend that maximum community (Aboriginal inclusive) participation be supported in the justice system.
- We recommend that the concept of restorative justice be supported to alleviate and inequalities that exist.
- We recommend that to restore Aboriginal confidence, Alberta Justice and the Alberta government enhance the working relationship with Aboriginal Peoples (FNMI) through monitoring and upgrading Aboriginal Justice Initiatives.
- We recommend that governments work with community agencies and media to provide all Albertans with accurate and balanced information about the jsutice system and its operations.
Group B
- We recommend that care be taken to ensure that victims rights' are protected and upheld.
- We recommend that Jon Havelock be admonished for having released poll on eve of Justice Summit.
- We recommend that the public be better informed about the CDN Justice System.
- We recommend that there be a separate monitoring board separate for Aboriginal concerns. (No Consensus)
- We recommend that the concept of "independent judiciary" be adhered and promoted.
- We recommend that a board be established to review, implement and monitor recommendations of all Summits and give a report in one year. (No Consensus)
- We recommend that there be equal sentencing for equal crimes. (No Consensus)
- We recommend that Justice system education be included in the school curriculum
- We recommend that we may soon be at the verge of a major paradigm shift in Canadian Society and it can be made easier or less painful through civilized dialogue. (No concensus)
- We recommend that the professional people/officers that work with the criminal justice system must gain public confidence. (No Consensus).
Group C
- We recommend that there be ongoing Communication between the Dept of Justice and the summit delegates and encouragement to the general public to comment and provide input on an ongoing basis.
- We recommend that an ongoing public review of the Justice System be achieved through a continuation of "summit meetings".
- We recommend that the Justice system be made more transparent for the average person to allow for the free exchange of as much information as possible.
- We recommend that an increase in public education on changing the Justice System to encourage better understanding and public dialogue.
- We recommend that Alberta Justice take real action on our recommendations while not over simplifying solutions.
- We recommend that the justice system be made aware of and understand religious, cultural and traditional values and beliefs.
Group D
- A) We recommend that there be implementation of the recommendations put forth in existing reports (i.e. Kirby, Cawsey) on aboriginal people.
B) We recommend that there be development and maintenance of a process that fosters continuous communication and information sharing.
C) We recommend that Alberta Justice continue the summit process through follow-up and implementation of recommendations.
- We recommend that there be development and implementation of an educational program for the public to increase knowledge and understanding of the justice system and process.
- We recommend that those who work in the system show respect for it in order to improve public confidence.
- We recommend that Alberta Justice operate with honesty, integrity and openness.
- A) We recommend that Alberta Justice collaborate with other Departments, agencies and communities to address root causes of crime and recidivism.
B) We recommend that Alberta Justice set up community advisory committees to develop policy criteria for diversion programs, thus empowering communities.
- We recommend that Alberta Justice simplify and improve procedure.
Group E
- We recommend that the Justice System take a leadership role in developing a written consensus on the objective of the Justice System - to include timelines and freedom from political interference.
- We recommend that the Justice System take a leadership role in ensuring court decisions and sentences are enforced via strategies noted on the brainstorming list.
- We recommend that the Justice System take a leadership role in ensuring that victims are represented with respect.
- We recommend that the Justice System take a leadership role in committed to being more accountable and open to public examination.
- We recommend that the Justice System take a leadership role in improving the Young Offenders Act.
- We recommend that the Justice System take a leadership role in having enough qualified prosecutor's to handle the workload.
- We recommend that the Justice System take a leadership role to pursue the development of restorative options as a complement to adversarial processes.
- We recommend that the Justice System take a leadership role in providing funding to implement recommendations of this summit.
- We recommend that the Justice System take a leadership role in that working delegates as chosen by each group from the Justice Summit oversee the development of an implementation plan that addresses the recommendations coming from this summit.
Group F
- We recommend that Alberta Justice LISTEN.
- We recommend that confidence be restored by adequate RESOURCING.
- We recommend that public understanding of the justice system be increased through clear communications.
- We recommend that judges and legislators are made more responsive to the people.
- We recommend that the offender is held accountable.
- We recommend that the media is held accountable.
- We recommend that the criminal legislation be reformed.
- We recommend that victim's rights are more fully appreciated.
- We recommend the increase in rehabilitation programs.
Group G
- We recommend that there be an end to wrangling between judges and politicians through better and ongoing consultation.
- We recommend that legislation be introduced which would help the public accessing remedies, at no cost to government, including class action suits.
- We recommend that there be broad access to dispute resolution alternatives by creative reallocation of resources, easier access to juries, encouraging mediation, and sanctions for litigation abuse.
- We recommend that politicians be more receptive to change in the criminal justice system.
- We recommend that full support be given to the recommendations of the all party committee with respect to the public confidence in the justice system.
- We recommend that each group (A to I ) nominate one delegate to monitor the progress of implementing the Justice Summit recommendations and reporting that progress to each delegate.
Group H
- We recommend that the Federal, Provincial and Territorial governments examine the role of judges under the constitution of Canada with respect to their powers to overrule the laws of Parliament or Legislature.
- We recommend that the judiciary make an effort to improve their public image, which will lead to more respect for, and confidence in the system.
- We recommend that Group H endorse the recommendation of the RCMP on public confidence, specifically..."Less leniency for offenders, harsher sentences for serious crime, consistent sentencing for the crime committed, restrictions on plea bargaining, and increased judicial accountability".
- We recommend that with regard to plea bargaining, Alberta Justice Crown Prosecutors be encouraged to explain what is taking place to the victim.
- We recommend that more care be exercised in the early release of prisoners, and that such releases be based only on suitability for release.
- We recommend that the "faint hope" clause be revoked (non consensus-one dissenter).
- We recommend that there be better training for persons receiving calls under the Protection for Persons in Care Act which will promote better confidence in the Act.
Group I
- We recommend that the political will must be shown to address the justice issues identified by the public at this Justice Summit to help regain confidence in the system
- We recommend that judges, crowns, and police be held accountable for inappropriate professional behaviour.
- We recommend that the courts undertake to be more consistent in sentencing and conviction.
- We recommend that the political will must be demonstrated to address many First Nations and Metis issues that have been identified many times in the past
- We recommend that the government promote current successful Native Justice initiatives in order to change public confidence
- We recommend that to avoid overcrowding of jails, more fine option programs for minor non-violent offences be considered
- We recommend that Alberta Justice work with federal and provincial government departments, media, schools and other agencies to ensure accurate information about the justice system is available to all people
- We recommend that pedophiles agree to receive treatment or not be released (Non consensus)
- We recommend that mentally ill persons who refuse to comply with all aspects of medication treatment can be involuntarily hospitalized. (No consensus)
- We recommend that to reflect the values and needs of our society the justice system must change with the times.
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