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Response of the Government of Alberta to the Final Report, Alberta Summit on Justice
Table of Contents
Introduction
The Summit on Justice was convened in January 1999 to help make Albertas good justice system better. Of the 151 delegates invited to the summit, 83 were randomly selected from across the province based on demographics such as gender, age, occupation and First Nation/Metis considerations. The other 68 were representatives from sectors with an interest in justice issues.
The final report of the summit was released by Justice Minister Jon Havelock on April 22, 1999. The report presented 25 core recommendations and eight themes which summarized the 519 individual recommendations put forward at the summit.
The review of the summit final report was daunting in scope and required some difficult decisions. Some recommendations have been given priority for implementation and are in the current business plan, while others will take time.
This response addresses the eight overall themes. It identifies strategies that can be implemented quickly, and strategies already underway that support the summit core recommendations. It also identifies strategies that will be developed over the longer-term.
A few of the strategies described in this response are dependent on funding. Alberta Justice is committed to pursuing additional funding for these strategies.
The Summit on Justice was convened to ask Albertans for recommendations that would promote public confidence in the administration of justice. The Albertans who participated in it did so because of their commitment to helping create a better system.
The Alberta government is also committed to fulfilling its part of the bargain. Recommendations made by the summit delegates will be the basis of the next Alberta Justice three-year business plan. Planning for this is now underway. The departments annual report and performance measures will ensure accountability back to the people who have stood behind this process. In addition, status reports will provide updates and Albertans will be invited to provide their feedback on the progress made.
Most importantly, the Alberta government is acting on the recommendation of many delegates to keep the process alive through ongoing consultation. An advisory committee has been established from the members of the key stakeholder associations, to ensure long-term focus and commitment to the changes outlined in this response.
Part I: Response to the eight core themes of the Final Report
Note to readers:
Part I of this response sets out immediate, short term and longer-term strategies which will be undertaken in response to the recommendations and themes of the summit.
Immediate strategies are already underway as part of the current three-year business plan.
Short term - strategies are not in the current three-year business plan, but could be implemented in the current fiscal year depending on available resources.
Longer term strategies that will be built into future three-year business plans. Alberta Justice will pursue additional funding through the business plan and budget process.
Theme one: Improve Public Knowledge, Education and Awareness
"A lack of knowledge, education and awareness among Albertans about the justice system was seen as a major barrier to improving the system. Poor knowledge was viewed as a chronic, fundamental weakness in the ability of Albertans to easily access and navigate the criminal and civil justice systems. Most delegates felt improving knowledge and understanding of the system would eliminate a lot of frustration, fear and conflict.
"Delegates wished to see a systematic approach to raising knowledge and awareness among Albertans. Many of the discussion groups called for justice education to be introduced into the schools as a curriculum item at various grade levels. For adults, there was support for extensive public education through information and media campaigns, continuing education programs and other approaches.
"Summit participants felt the onus to improve justice communication, information and awareness was not limited to government. Those who work within the justice system, the media and educators were seen to have a shared responsibility in educating Albertans."
A. Immediate strategies
- Alberta Justice is developing a communications strategy to help inform Albertans about the justice system, to make information more accessible, and to provide a two-way mechanism for communication between Albertans and the department. Alberta Justice is exploring partnerships with the private sector to enhance public education for all Albertans and will have a strategy in place by fall 1999 to take to the private sector.
- Alberta Justice is developing a new and comprehensive web site with a strong public awareness component. The site is expected to be on-line by the fall of 1999.
- A new web site launched May 6, 1999 gives Albertans free and ready access to decisions of the Alberta Court of Appeal and the Provincial Court of Alberta. Most decisions are posted within 48 hours of being filed. Judgments of the Court of Queens Bench will be available on the site in the near future.
- Albertas Crime Prevention Week is celebrated yearly to draw attention to community-based crime prevention programs and to honour citizens whose efforts have made a difference. Next year, more resources will be focused on this annual event. Alberta Justice will also be seeking partnerships with the private sector to broaden awareness of the event and of crime prevention initiatives in Alberta.
B. Short term strategies
- Alberta Justice will initiate discussion with organizations committed to justice issues, such as the Alberta Law Foundation; the Public Legal Education Network of Alberta; the John Howard Society; Alberta Education; Advanced Education; the federal government; and the private sector to find ways of better informing Albertans about the justice system.
- Alberta Justice will initiate partnerships with the Provincial Court, the Edmonton Police Service, and the Canadian Bar Association to work with and support their school mentoring programs.
C. Longer term strategies
- Alberta Justice will approach Alberta Education, Alberta Advanced Education and Career Development and the private sector to determine how justice education can be improved through curriculum change, the development of new resources and other joint strategies.
Theme two: Simplify the Justice System
"The public's general lack of knowledge concerning Alberta's justice system is compounded by complex legal language and procedures, according to most summit participants. This complexity was seen to intimidate citizens, discourage access, create delays and restrict movement through the system to legal specialists. Delegates noted that these restrictions ultimately lead to some citizens being denied justice.
"Most delegates believe the system can and should be simplified to remove language and procedural barriers. Delegates supported the use of plain language in all justice system documents and user-friendly processes that place the citizen's need first. Many delegates saw simplifying language and legal proceedings as a way of improving the speed of justice. They also felt it was a fundamental step toward increasing knowledge and public confidence in the justice system."
A. Immediate strategies
1. Civil claims of under $7500 can now be dealt with in Small Claims Court, a much less formal process than the Court of Queens Bench. This saves Albertans time and money. Consideration is being given to raising the limit to $10,000. This would reduce the number of cases that go to the Court of Queens Bench. More Albertans would have their claims dealt with quickly, and they would not need the expensive documentation required for the Court of Queens Bench.
- Albertas Child Support Centres assist families that are undergoing divorce or separation. The centres provide help and guidance with understanding the federal child support guidelines. Alberta is working with other provinces to determine how the federal guidelines can be improved to better serve families.
- Under the leadership of Madam Justice Trussler, Court of Queens Bench, Alberta Justice is creating a series of 16 plain language family court booklets to enable Albertans to better understand and access the court with respect to child support matters. The booklets will assist Albertans who wish to represent themselves in changing an existing child support order. The booklets will be field tested and will be available this fiscal year.
- A joint initiative between Alberta Justice, Municipal Affairs, and Alberta Transportation and Utilities is underway to allow the payment of initial traffic ticket fines at private motor vehicle registries. Legislative and computer system changes are required to make this possible.
- The Court of Queens Bench facilitates settlements on a voluntary basis through judicial dispute resolution and mini-trials. Both methods reduce the time and cost required to resolve court cases. In a mini-trial, following the conclusion of arguments, the judge provides a non-binding option that reflects what the judge believes would happen if the matter were to proceed to trial. Judicial dispute resolution is a neutral evaluation process conducted by a judge to assist the parties in reaching a settlement.
- On September 1, 1998, courts in Edmonton began accepting debit and credit cards for payment of fines and fees. This is being expanded to the Calgary courts effective June 1, 1999 and the remaining courts in Alberta by January 1, 2000.
B. Short term strategies
- The Civil Claims Mediation Pilot Project currently operating in Calgary and Edmonton will become an ongoing program. The project is a partnership of Alberta Justice Provincial Court and community based organizations, and provides mediation as an alternative to court proceedings. Seventy per cent of the claims referred to the project have been successfully resolved.
- A pilot project to address delays and cost issues will be introduced in the courts in Edmonton and Calgary. Judges will work with parties and their counsel to move cases through to completion in a timely and cost effective way.
- The Court of Appeal will adopt a total electronic appeal system that will include the electronic filing of court documents and video conferencing.
- Alberta Justice will work with the judiciary and Alberta Family and Social Services to improve access to family dispute resolution processes, and alleviate court delays.
- Crown prosecutors are developing procedures to resolve more criminal cases in the pre-trial stage, and to reduce the time it takes to get cases to trial.
C. Longer term strategies
- A single family law forum to deal with family law matters will be explored in consultation with the judiciary and other stakeholders. The forum could include access to alternative dispute resolution processes as well as to the courts.
- Standards will be put in place and staff training will be provided to ensure all Alberta Justice materials, including court documents and internal documents, will be in plain language.
- Alberta Justice is working with Public Works, Supply and Services to redevelop court facilities in Calgary. One of the objectives is to locate all the Calgary Courts in facilities that are in close proximity so services can be easily accessed by all users.
Theme three: Increase Sensitivity and Cultural Awareness
"Delegates expressed concern that the justice system often lacks sensitivity toward those who try to access the system or who are involved as victims, offenders or community members. Delegates believed this was particularly true for Aboriginal people and visible minorities. Many of the groups noted that judges, lawyers, police, correctional officers and other key players in the justice system must have an appreciation of the cultural and social values of the people they encounter to do their jobs properly. Most delegates believed there is a sensitivity and cultural awareness gap within the current justice system - a gap that needs to be filled if the satisfaction of individuals who encounter the system is to improve.
"Comprehensive cross-cultural training was seen as an effective means of educating judges and justice-system workers about Alberta's cultural diversity. In particular, delegates emphasized the need to raise awareness of and become more sensitive to Aboriginal cultures.
"Another effective strategy that delegates suggested was ensuring the demographic mix of people working in the justice system matches the composition of the local community. Most delegates felt this balanced representation did not currently exist, but cautioned that increased diversity should not be achieved by lowering professional standards.
"Alberta Justice was also encouraged to continue to seek out people from various cultural communities and support groups to act as resource people to the justice system. Examples include elders from Aboriginal communities or individuals involved in counseling victims of crime."
A. Immediate strategies
- Alberta Justice is discussing Metis issues with the Metis Nation of Alberta under a Protocol Agreement signed in 1996. Alberta Justice is also discussing justice issues with Canada and the Metis Nation of Alberta and the Metis Settlements General Council under two distinct tripartite agreements.
- A Metis Advisory Committee to Alberta Justice has been established with participation from the Metis Nation of Alberta and the Metis Settlements General Council to establish understanding and co-operation, and to address long-term strategic direction on Metis justice issues in Alberta. The committee is chaired by the Minister of Justice and Attorney General.
- Crown prosecutor offices have Native liaison prosecutors to help develop culturally sensitive approaches to prosecutions. Over the next year their mandate will be further developed to ensure these sensitivities are addressed.
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- A First Nations Advisory Committee to Alberta Justice is under consideration by the Treaty Tribal Councils.
- Alberta Justice is continuing to work with First Nations that have expressed interest in becoming more involved with the court system. In January 1998, Provincial Court was moved from Gleichen into the Siksika First Nation courthouse on the Siksika Reserve. Currently, Alberta Justice is reviewing an Integrated Justice Proposal from the Siksika Nation.
- Alberta Justice will work with the Tsuu Tina Nation towards a First Nations Provincial Court project on the Tsuu Tina Reserve. This initiative involves appointing a First Nation judge and prosecutor, and setting up a community-based peacemakers program.
- Alberta Justice is working with an inter-departmental committee and the Rotary Club to develop the Rotary Urban Hope project. This project will provide training and employment opportunities for First Nations and Metis youth. Rotary Urban Hope is spearheaded by Alberta Advanced Education and Career Development, and involves Treaties 6 and 8 and the Metis Nation of Alberta.
- Alberta Justice has a three-day Aboriginal cultural awareness program for employees to increase sensitivity to Aboriginal peoples and minimize culturally based misunderstandings. More than 2,688 employees have taken the program. Justice is committed to continuing to offer the program.
B. Short term strategies
- Alberta Justice will work with the multi-cultural community and other stakeholders to adapt existing cultural awareness programs (e.g. Aboriginal programs) and help make them available to other justice-related organizations (for example, judges and the police).
- Alberta Justice will work with victims' groups and other stakeholders to develop a 'victim awareness' program for justice employees, other professionals and victims' service providers.
- Priority attention will be given to developing a community corrections agreement with the Maskwachees Justice Society at Hobbema, and funding additional crime prevention positions in Aboriginal communities.
C. Longer term strategies
- Alberta Justice will consult with First Nations and Metis organizations and other justice stakeholders to identify strategies for better informing Albertans about Aboriginal cultures and values in relation to the justice system.
Theme four: Enhance Community Partnerships
"Most of the delegates at the summit were encouraged by efforts in recent years to involve communities and non-professionals in planning and delivering of justice services. Community policing, Youth and Adult Justice Committees, Aboriginal elder programs, and other measures were seen as positive complements to more traditional elements of the justice system.
"For the most part, delegates believed the justice system has been improved by these measures, because they have brought the system closer to the community. Individuals and communities have become more active players in the justice system and, in so doing, have taken more responsibility and interest in justice issues. Many delegates believe it has also contributed to greater sensitivity on the part of law enforcement, the courts, corrections, and governments toward local needs and desires.
"While delegates recognized that the justice system was evolving toward a more community-based focus, most agreed this evolution needs to be fostered and encouraged. Community partnerships, and, where possible, community ownership and delivery of justice services were seen as important avenues toward creating a system that is an integrated part of community life. For example, some current justice programs and services that involve Aboriginal people are operated by Aboriginal groups within local Aboriginal communities. Seeking and developing these community-involvement options was not seen by delegates as the responsibility of any one organization. It was considered as the mandate of all players in Alberta's justice system."
A. Immediate strategies
- Alberta Justice is working with regional childrens services authorities to develop case management protocols in support of the Alberta childrens initiative. Alberta Justice will continue to work closely with regional authorities to address the needs of troubled and delinquent children and identify future opportunities for closer collaboration.
- Alberta Justice is working with the regional childrens services authorities, Alberta Health, and First Nations and Metis groups to implement the federal Crime Prevention and Population Health Initiatives, aimed at co-ordinated early intervention and prevention for children at risk.
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- Alberta Justice and Alberta Health will develop joint initiatives to address the health needs of youth in custody. Particular focus is on reducing risk-taking behaviors and promoting wellness by supporting HIV / AIDS awareness, smoking reduction, nutrition and injury prevention initiatives.
- Alberta Justice is a member of the "Phase II Implementation Committee of the Child Prostitution Task Force and the Protection of Children Involved in Prostitution Act." The Act was proclaimed February 1, 1999. The committee was established in January 1998 to ensure action on the recommendations of the task force report.
- Alberta Justice is a member of the new Forensic Psychiatry Program Council established by Alberta Healths Provincial Mental Health Advisory Board. The objective is to better coordinate and increase access to mental health services for offenders.
- Work with the Region 18 Childrens Services Authority is underway to help establish youth justice committees in Metis Settlements. Two youth justice committees have been established in two settlements and Alberta Justice will continue to work with other interested communities.
- Alberta Justice and Community Development have initiated a two-year project to promote the involvement of young offenders in custody in community-based leisure and arts activities. In the coming year, the program will be expanded to include young offender participation in mentoring partnerships and community services such as lawn-mowing and snow shovelling for seniors.
- Alberta Justice is working with Family and Social Services and AADAC to support the Fetal Alcohol Syndrome / Fetal Alcohol Effects strategies in the Alberta Childrens Initiative Business Plan, by educating young offenders about prevention. Justice initiatives will include printed material, young offender custody orientation lectures, offender counseling initiatives and staff training.
- The provincial strategy to combat organized crime became operational on April 1, 1999. This strategy is intended to make Alberta an inhospitable location for criminal organizations and predators. Through provincial funding, the Criminal Intelligence Service Alberta will provide support to joint force police operations that target organized criminal activities.
- Alberta Justice will work in partnership with the federal government on the National Community Safety and Crime Prevention Initiative to enhance community safety through public education, project development in local communities, and research and evaluation.
- Alberta Justice will continue to work with police services to promote community policing and develop measurements to identify its effectiveness.
B. Short term strategies
- Alberta Justice will continue to partner with Alberta Heath, Alberta Family and Social Services and Alberta Education to develop a child abuse protocol handbook. The handbook will be available to Albertans by March 2000. The handbook defines the responsibilities of professionals in reporting and investigating cases of child abuse and recommends ways to minimize additional trauma on children.
- Alberta Justice is working in partnership with interested stakeholders to develop effective crime prevention strategies. Initiatives for 1999 include funding community-based crime prevention projects, increasing public education and the development of resource materials, and expanding "best practice" models of crime prevention province wide. The Wise Owls seniors program is one example of a "best practice" model that will be implemented in collaboration with Community Development during 1999, the Year of the Senior. An additional $600,000 has been added to the crime prevention program this year.
- Alberta Justice will hold a conference early next year to discuss economic crime issues, particularly organized crime. This conference will bring together many community partners such as the Alberta Securities Commission, the Canadian Bankers Association and the police.
- Alberta Justice will continue to work with interested communities to establish Youth Justice Committees. Consideration will be given to providing support to, and expanding the role of, the committees.
- Alberta Justice will work with the Legal Aid Society of Alberta and the Law Society of Alberta to develop strategies to improve the provision of legal aid services to Albertans. Further information will be publicly released as strategies are developed.
C. Longer term strategies
- Alberta Justice will identify the concerns and issues related to the police complaint processes at both the provincial and federal level and develop a plan to address these concerns.
- Alberta Justice will pursue private-sector partnerships to promote crime prevention initiatives, for example victim services campaigns and Crime Prevention Week.
- Alberta Justice will work with law enforcement agencies to review the feasibility of establishing a single-site, multi-use police training facility.
Theme five: Increase the Role of Victims*
"There was general dissatisfaction among delegates with the way victims and offenders are treated by the justice system. The key concern lay with the failure of the current system, for the most part, to involve victims, offenders and others impacted by crime in determining justice.
"In criminal cases, delegates noted the role of victims is still largely limited to that of witness. Compensation programs, impact statements and other victim recognition strategies give victims more presence in the justice system, but do not allow for healing to occur between victim, offender and others impacted by crime. These strategies also fall short of giving victims the same status as accused persons and offenders.
"Most delegates believe Alberta's justice system must move to a more restorative approach that would focus equally on rehabilitation and treatment for victims, offenders, family members, and others in the community. Similarly, mutual dispute resolution for civil law matters was considered preferable to a unilateral court decision by a judge. Delegates acknowledged that prison sentences for certain types of crime are an effective and necessary option. However, most supported the use of police diversion, alternative measures or restitution programs in dealing with minor or non-violent crimes - particularly for youth and first- time offenders. For those in prison, delegates saw value in programs which make offenders accountable to victims and their local community and offer offenders, when appropriate and agreeable to the victims, the opportunity to reconcile with people they have harmed."
A. Immediate strategies
- The Victims of Crime Act was proclaimed and implemented on November 1, 1997. Further improvements to the Act, its regulations and its operating procedures will be identified in order to enhance and expand services to victims.
- The Protection Against Family Violence Act comes into force June 1, 1999. The legislation will enable police to remove perpetrators of family violence from the home and will ensure emergency protection orders are available on a 24-hour basis.
- The Alternative Measures Program is an effective alternative to the formal justice process for a selected group of minor offenders, and will be expanded where appropriate. Serious and violent offenders will continue to be prosecuted through the formal court process. The program will permit more resources to be focused on serious and violent offenders.
- Programs that provide information, assistance, education and support to victims during the criminal justice process will continue to receive funding priority under the Victims of Crime Act.
- A new Bail: Victims of Serious Domestic Violence Notification and Protection Guideline will enable Alberta Justice and the police to notify the victim in cases where the accused will be released and poses a threat to the victim. It will be finalized shortly.
B. Short term strategies
- Alberta Justice will consult with the federal government and stakeholder groups to ensure Albertas Victim Impact Statement Program policy reflects Criminal Code provisions and is implemented appropriately.
- A new funding model for victims program grants will be developed to ensure fair and equitable funding for victim services programs. Longer term funding will be included where appropriate.
- In collaboration with police and victim service providers, Alberta Justice is providing victims with information about how they can apply for offender-pay restitution. Guidelines for the program will be developed. The amount of restitution ordered by the court will be monitored on an annual basis.
C. Longer term strategies
- Alberta Justice will review relevant legislation and policy from a victims' perspective, identify existing rights, and make recommendations for change to ensure a more meaningful role for victims.
- The Crown office in Calgary is using public assistance officers to respond to the needs of victims during the time a case is being prepared and brought to trial, and following the trial. Alberta Justice is considering expanding the program to other Crown offices across the province.
Additional information on strategies that support Theme five: Increase the Role of Victims is included under themes three and eight.
* The final report of the summit identifies this theme as "Increase the Role of Victims and Offenders." For the purposes of this response, the role of offenders is addressed under theme six, accountability.
Theme six: Clarify Accountability
"Accountability to the community for decisions and actions that impact the justice system was an overall concern for delegates. Generally, accountability within the current system was seen to be either unclear or misunderstood. Sentencing and parole practices, legal jurisdiction, judicial decisions, treatment of victims, and police discipline were some areas mentioned by delegates where accountability was confusing or was not transparent to the public-at-large.
"In the case of offenders, delegates felt accountability was misdirected. For example, under current law, offenders answer to the Crown for their actions. Many delegates believed offenders should be held directly accountable to the community and individuals who were hurt by their crime. Delegates acknowledged that programs like alternative measures and sentencing that involves community service and restitution recognize this accountability. However, they felt more could and should be done to bring offenders face-to-face with the impact of their actions.
"Delegates also felt governments need to be more accountable to the public for justice policies, laws and regulations. Jurisdiction for Aboriginal justice matters was offered by some delegates as an illustration of how confusion over accountability can handicap efforts to improve the justice system. Alberta Justice was encouraged to take a leadership role in better defining justice system roles and responsibilities and in acting as an accountability role model for other justice sector organizations. Delegates suggested this process could begin immediately by communicating openly and frequently to delegates and others on the progress of implementing Alberta Summit on Justice recommendations."
A. Immediate strategies
- As of January 1999 a one-year pilot project is underway to collect overdue Criminal Code fines ordered by the Edmonton courts. The project collected $70,000 in February. If the project continues to be successful it will be expanded province-wide.
- A number of new alternatives to custody have been introduced for low risk offenders who can safely be supervised in the community. These initiatives have allowed resources to be targeted at higher risk offenders, and are in keeping with federal legislative changes and this governments focus on serious and violent crime. These programs are being monitored for effectiveness and efficiency and will be modified where appropriate.
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- Alberta Justice is operating satellite work camps. These are minimum security facilities which provide a non-traditional correctional setting for selected low-risk offenders who provide community service work to local communities, non-profit organizations and government agencies. Some camps are operated on our behalf under contract by Aboriginal organizations.
- Alberta Justice will continue to focus resources on serious and violent youth crime, and to use the young offender alternative measures program where appropriate. Practical work experience and community work programs for young offenders in centres, camps and group homes will be increased.
B. Short term strategies
- Alberta Justice will examine ways to increase diversion programs and restorative justice in appropriate criminal cases. A strategic plan for the identified initiatives will be publicly released by fall 1999.
- In the area of youth crime, Alberta Justice will liaise with the federal government to develop and implement proposals passed under the federal governments new youth justice strategy.
- Alberta Justice supports the transfer of programs and services to Aboriginal communities where workloads warrant, where the communities have expressed a desire to assume the programs, and where the communities have shown the capacity to manage the programs. These initiatives will be undertaken in consultation with First Nation and Metis people through the First Nation and Metis Advisory Committees to Alberta Justice.
C. Longer term strategies
- Consideration is being given to creating a custody diversion program in Calgary similar to the diversion program currently operating in Edmonton. In light of the federal Justice ministers recently tabled youth justice legislation, this review has been expanded to consider the impact of this new legislation on the Ministrys full range of diversion initiatives.
- Alberta Justice will evaluate and determine, in conjunction with interested justice stakeholders, how to address concerns raised by delegates with respect to accountability in sentencing, parole practices, judicial decisions and police discipline.
Theme seven: Take Action on Previous Studies and Reports on Justice
"There was concern among many delegates that recommendations contained in a number of previous studies and reports concerning Aboriginal and other justice issues have not been acted upon. It was felt that many of the issues being discussed at the summit had already been publicly debated, studied by experts or formerly reviewed. Many delegates believed the conclusions of major reviews in recent years, such as the Cawsey Report, were still valid and should be acted upon.
"For the most part, it was unclear to delegates which recommendations from previous justice reports had been implemented. It was noted that this lack of awareness contributes to public cynicism about the value of public or stakeholder input to justice reviews and studies. It also undermines public confidence that government and those who work within the justice system are truly interested in making a "good justice system better."
"There was general support for government to revisit these previous reports, review their recommendations and let the public know what recommendations have been or will be implemented. This process should also be followed for the Summit on Justice."
A. Immediate strategies
- Alberta Justice is working with stakeholders to review and implement the approved recommendations of the MLA Review Committee on the Maintenance Enforcement Program and Child Access. This involves examining different ways to improve how family law disputes are dealt with.
- Legislation to improve the enforcement of child access orders is currently being debated in the legislative assembly and is expected to pass in the near future.
- Other legislation currently being debated will include remedies to encourage family members to work out their problems cooperatively through education, parenting after separation courses and mediation. Legislative changes with respect to the consolidation of family law have been scheduled for spring 2002.
- Alberta Justice has changed the appointment process for Provincial Court Judges to reflect a majority of the recommendations of the task force on judicial selection. Legislative amendments have been passed to establish term appointments for the chief judges and the assistant chief judges of the Provincial Court. A Provincial Court Nominating Committee to recommend appointments of Provincial Court Judges has been established.
- A consultation plan to follow up with First Nations on the recommendations from the First Nations Police Services in Alberta Review has been approved. The review assessed the effectiveness of First Nations police services and recommended changes the authors considered appropriate. The Standardization of Recruitment and Training Committee is developing acceptable standards for municipal and First Nation Police Services in Alberta.
B. Short term strategies
- Alberta Justice will work with the Metis Justice Advisory Committee to develop an action plan for recommendations in previous reports which have as yet gone unaddressed. The Advisory Committee was created in response to one of the recommendations in the Cawsey Task Force Report as well as in response to recommendations in the Royal Commission on Aboriginal Peoples. These strategies will be included in future Alberta Justice business plans. A similar process will be undertaken with the First Nation Advisory Committee when the committee has been established.
- Alberta Justice will review with First Nation and Metis groups their involvement in the administration of criminal justice. They will also review issues relating to the court system, develop an appropriate indicator for Aboriginal involvement in the criminal justice system, and participate in the government-wide Aboriginal policy framework.
Theme eight: Increase Funding
"Delegates believed funding was a key element in improving the justice system's accessibility, quality and service. Many of the concerns expressed about the justice system were linked to a lack of funding. Most delegates believed significant improvements could not be made without more money and human resources, particularly in the area of legal aid, judges and court workers, and community services.
"While there was a recognition that government resources are limited, delegates felt new or enhanced programs and services could not be offered without a commitment of additional resources. A reallocation of funds within the justice system was not seen as a viable alternative because delegates believe the system is already maximizing its resources. Delegates concluded that a reallocation of funds would likely result in one area of justice benefiting at the expense of another."
A. Immediate strategies
- Additional funding ($2.5 million) has been identified in the current Business Plan for the Provincial Organized Crime Strategy and will go toward the establishment of the Criminal Intelligence Service Alberta (CISA).
- Alberta Justice allocated $600,000 out of the existing budget for the enhanced Alberta Crime Prevention Program.
- Alberta Justice, in cooperation with the federal government, will implement the National Crime Prevention Strategy in Alberta. The strategy will enhance community safety through public education, project development in local communities, and research and evaluation.
- The Maintenance Enforcement Program was provided with an additional $1.5 million in the current budget to implement the recommendations of the MLA Review of the Maintenance Enforcement Program and Child Access.
- Alberta Justice was given an additional $1.5 million in the current budget to amalgamate the existing computer systems in the court and prosecution areas. These enhancements will expedite the flow of information in the system.
- Since the implementation of the Victims of Crime Act, direct payments to victims have significantly increased, while application decision times have decreased. Alberta Justice will continue to monitor and evaluate services for crime victims to ensure maximum benefits are provided to victims from the Victims of Crime Fund.
B. Short term strategies
- Implementation of summit recommendations will be achieved, wherever possible, through the strategic reinvestment of existing resources. Any initiatives requiring new money will be prioritized for government consideration as part of the business planning process.
Part II: Response to core recommendations of the Final Report, Alberta Summit on Justice
| Theme |
Core Recommendations |
Response |
| Theme one:
Improve Public Knowledge, Education and Awareness |
#1. That more information and awareness about Albertas justice system be provided to young people through the school system and to adults through public education and awareness. |
Recommendation accepted
See Theme one, strategies A1, B1, B2 and C1, pages 3 - 4 |
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#24. That a public input process for the justice system be established to foster ongoing communication and information sharing. |
Recommendation accepted
See Theme one, strategies A1, A2, A3, A4, pages 3 - 4 |
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#25. That Alberta Justice take action on the Summits recommendations and report the results to Summit participants and the public. |
Recommendation accepted
See Introduction, page 1 |
| Theme two:
Simplify the Justice System |
#3. That the language, procedures, and accessibility of the justice system be simplified, made more user friendly, and made easier to understand. |
Recommendation accepted
See Theme two, strategies A1 6, B1 5, C1 3, pages 5 - 6 |
| Theme three:
Increase Sensitivity and Cultural Awareness |
#2. That the justice system be made more sensitive to family, gender and cultural issues by providing increased education and training to judges, lawyers and others who play key roles in the administration of justice. |
Recommendation accepted
See Theme three, strategies A3, A8, B1, C1, pages 7 - 8 |
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#11. That judges and criminal justice system workers receive education and training to become more sensitized to victims issues, concerns, and needs. |
Recommendation accepted
See Theme three, strategy B2, page 8 |
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#17. That the recruitment and training of police officers, judges and other court system workers reflect the cultural and social diversity of the communities they serve. |
Recommendation accepted
See Theme three, strategies A3, B1, pages 7 8, and Theme seven, strategy A5, page 17 |
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#21. That more information, education and training be provided to police officers, judges, justice system workers, and the public on Aboriginal cultures, values and justice issues. |
Recommendation accepted
See Theme three, strategies A8, C1, Page 8 |
| Theme four:
Enhance Community Partnerships |
#4. That more Albertans be given access to legal aid. |
Recommendation accepted
See Theme four, strategy B5, page 11 |
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#12. That more justice strategies and resources be devoted to community-based early childhood intervention, education and prevention programs as a means of reducing criminal behaviour among young people and adults. |
Recommendation accepted
See Theme four, strategies A1, A2, A5, A8, page 9 - 10 |
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#14. That communities, families and young people be supported in their efforts to deal with youth crime and the rehabilitation of young offenders within their communities. |
Recommendation accepted
See Theme four, strategies A3, A4, A6, A7, B4, pages 10 - 11 |
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#15. That police services work more closely with communities in identifying, policing and preventing criminal behaviour. |
Recommendation accepted in part.
Alberta Justice is committed to support and work with police services to promote community policing and to assist in developing strategies to specifically address this recommendation. However, responsibility for implementing this recommendation lies with police services.
See Theme four, strategy A11, page 10 |
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#18. That there be more community involvement in the review of complaints against the police and in disciplinary decisions concerning inappropriate police behaviour. |
Under review. Changing police complaint processes requires legislative change at both the federal (RCMP Act) and provincial (Police Act) level. Concerns related to the complaint process in the RCMP Act will be conveyed to the federal government.
See Theme four, strategy C1, page 11 |
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#22. That measures to prevent crime through early intervention and social development be strengthened. |
Recommendation accepted
See Theme four, strategy A1, A2, B1, pages 9, 11 |
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#23. That the justice system encourage communities to work in partnership with it to develop and implement crime prevention strategies. |
Recommendation accepted
See Theme four, strategies A9, A10, B2, B3, C2, C3, pages 10 - 11 |
| Theme five:
Increase the Role of Victims |
#7. That the rights of victims be clearly defined so that they may gain a more meaningful role in the entire justice process and achieve equal status with accused persons and offenders. Special attention and protection needs to be given to victims who are children. |
Recommendation accepted
See Theme five, strategies A1, A2, A5, C1, pages 12 - 13 |
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#9. That victims receive education, counseling, assistance, and advocacy support in their efforts to become more involved in all aspects of the justice system. |
Recommendation accepted
See Theme five, strategies A4, B3, C2, page 13 |
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#10. That the appropriate use of victim impact statements be encouraged in the sentencing process. |
Recommendation accepted
See Theme five, strategy B1, page 13 |
| Theme six: Clarify Accountability |
#6. That the use of justice alternatives to the traditional court system, such as police diversion, mediation and other forms of alternative dispute resolution, and restorative justice, be encouraged and expanded. |
Recommendation accepted
See Theme six, strategies A2, B1, C1, pages 14 - 15 |
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#13. That justice involving youth offenders focus on responsibility and accountability. This means using diversion and restorative measures where appropriate and ensuring violent and repeat offenders receive sentences that match the seriousness of their crimes. |
Recommendation accepted
See Theme six, strategy A4, B2, page 15 |
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#20. That Aboriginal people be given more control over justice processes and programs that affect them with a view to establishing a separate justice system administered by, and for, Aboriginal people. |
Recommendation accepted in part. Establishing a separate justice system for Aboriginal people is an issue which falls under federal government jurisdiction. However, Alberta Justice is committed, to the extent that it is able, to expedite the transfer of existing programs and services to Aboriginal communities where workloads warrant and where such communities have expressed a desire to assume such programs. Initiatives in this regard will be undertaken in consultation with First Nation and Metis people through First Nation and Metis Advisory Committees to the ministry.
See Theme three, strategies A6, B3, page 8; and Theme six, strategy B3, page 15 |
| Theme seven:
Take Action on Previous Studies and Reports on Justice |
#19. That recommendations in previous studies and reports on Aboriginal justice issues, such as the Cawsey Report and the Royal Commission on Aboriginal Peoples, be reviewed and implemented. |
Recommendation accepted
See Theme seven, strategies A1 5, B1 2, pages 16 - 17 |
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#16. That Aboriginal police services receive the same training and resources as other police services in Alberta. |
Recommendation accepted
See Theme seven, strategy A5, page 17 |
| Theme eight:
Increase funding |
#5. That more funding be provided to all areas of the justice system including police, judicial, court and victim services, Aboriginal programs, early intervention and other community-based programs. |
Under review. Implementation of summit recommendations will be achieved wherever possible, through reinvesting existing resources. Initiatives requiring new money will be prioritized for government consideration as part of the business planning process.
See Theme eight, strategies A1, A2, A3, A4, A5, B1, pages 18 - 19 |
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#8 That the amount and eligibility for victims compensation and restitution, directly from offenders and through programs like the Victims of Crime Financial Benefits Program, be increased. |
Recommendation accepted
See Theme eight, strategy A6, page 18 |
Conclusion
Alberta Justice fully supports the direction established by the Summit on Justice. In this response, the government has made a firm commitment to Albertans to act on the recommendations of the summit, both in the short and longer term.
Changing the justice system will require the support and willingness of all parties to try new ways of working together, and expanding our vision to embrace a more comprehensive approach to justice.
Much was said at the summit about the need for early intervention, for public education, and for learning more about each others unique needs and societal differences. To this end, we must work together.
Alberta has a good justice system. The changes outlined in this response will ensure the system builds on its current strengths to become more responsive and accessible to all Albertans.
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