The Alberta government said it will hire 35 more Crown prosecutors and 30 more support staff to help deal with court backlogs. The support staff hires will include court clerks and data-entry staff.
The province says that’s on top of 15 Crown prosecutors it is already recruiting.
Justice Minister Kathleen Ganley announced the positions Thursday morning while unveiling the province’s plans to help address criminal case backlogs and improve the administration of justice in Alberta’s courts.
The move will bring the total number of Crown prosecutors in Alberta to 360 over the next year, up from the current 310. Last week, the Alberta Crown Attorneys’ Association said 35 approved full-time positions were vacant when at least 50 new full-time positions were urgently needed.
“The anticipated funding that’s been announced will allow the Crown Prosecution Service to develop and implement a hiring strategy that would see, over the course of time, a return, over the course of the year, to a full complement,” said Eric Tolppanen, assistant deputy minister with the Alberta Crown Prosecution Service.
The positions will come at a cost of approximately $14.5 million. The funding will be part of the 2017 provincial budget, which will be tabled next Thursday.
The Alberta Crown Attorneys’ Association welcomed the announcement but says it’s not enough.
“While we welcome Ms. Ganley’s recognition that there is a serious resource shortage in the criminal justice system, the Alberta Crown Attorneys’ Association does not believe the announced positions will be sufficient to bring criminal court caseloads to manageable levels,” the ACAA said in a statement.
“As we understand the Minister’s announcement, the announced Crown prosecutor positions are in two groups. First, 35 existing but vacant Crown prosecutor positions will be filled. These are positions that were not filled as prosecutors have retired or resigned since 2015. Second, additional Crown prosecutors will be hired to conduct first-appearance bail hearings — a new responsibility which the Prosecution Service is required to take on beginning in August 2017. These bail prosecutor positions will not ease the pressures that are requiring prosecutors to stay crimes due to lack of resources.”
Scroll down to read ACAA’s full statement.
“The justice system is one of the most fundamental systems in our province,” Ganley said. “It balances the rights of accused people against, ultimately, public safety and the interests of victims.
“That’s why it’s important we ensure that it work in the most effective and efficient manner. The triage protocol was one step; this investment in resources is another step.”
The government has sent out a protocol to Crown prosecutors to guide them on how to clear backlogs that are resulting in charges being stayed because cases are dragging on for years.
Ganley said on Wednesday that new guidelines will not see serious, violent cases such as murder or sexual assault sacrificed to save time and money.
The protocol says it might be best not to prosecute minor offences at all, and that charging someone may be enough of a deterrent.
“One of the things that Crown prosecutors are permitted to take into account is whether or not the person has been held accountable through another means,” Ganley said Thursday. “This triage protocol arose out of a system that had been suffering from significant backlogs from a number of years. When the Supreme Court decision came down — which fundamentally changed the law and changed the time frames — we had to react very quickly.
“We’re now moving to add additional resources to the system because we know that that wasn’t the only solution that was necessary.”
READ MORE: High-profile double-murder case moved up to avoid ‘Jordan jeopardy’
Wildrose Opposition Leader Brian Jean said he was happy to see the resources added, but wished it had been done sooner.
Jean said justice and the administration of justice is a cornerstone of a fair and democratic society.
“We need to make sure that when criminals prey on victims that they are held accountable for that.
“It doesn’t matter whether it’s a minor crime or a serious crime, we need to have resources in place to prosecute these people and keep people safe. That is a primary duty of any government.”
READ MORE: Alberta justice minister addresses memo, defends new triage protocol for prosecutors
Several groups have spoken out recently about Alberta’s over-burdened legal system.
In September 2016, Alberta Chief Justice Neil Wittman said the lack of judicial resources was getting to a critical juncture. He said a lack of staff within the judicial system had been a chronic problem for years.
READ MORE: Judge shortage means some trials taking 2.5 years to be heard
Last fall, a judge threw out a first-degree murder case because it took too long to get to trial, prompting a defence lawyer to claim that a shortage of judges and legal-aid funding is “choking” Alberta’s court system.
Just last week, the Crown prosecutor’s office in Edmonton stayed more 15 criminal cases, citing a “lack of prosecution services.” The move prompted the Alberta Crown Attorneys’ Association to call on the province to lift a hiring freeze on Crown prosecutors and add at least 50 new positions.
READ MORE: Crown stays 15 criminal cases; cites lack of prosecutors
A 2016 Supreme Court decision limits how long a case can take. The landmark R. vs Jordan ruling set out a new framework for determining whether a criminal trial has been unreasonably delayed.
According to the framework, an unreasonable delay would be presumed should proceedings — from the date of charge to conclusion of a trial — exceed 18 months in provincial court, or 30 months in superior court.
“In light of the recent Supreme Court of Canada decision in Jordan, this new investment is more important than ever,” Ganley said.
The province said since it started tracking Jordan applications as of Oct. 25, 2016:
- 68 Jordan applications have been filed
- 15 applications are pending (as of March 8, 2017)
- 18 applications have been dismissed by the court
- 6 applications have been granted. One has been appealed by the Crown
- 14 applications were abandoned by defence
- 6 matters were proactively stayed by the Crown on the basis that they would not survive the Jordan application
- 9 matters were resolved unrelated to Jordan
With files from The Canadian Press
Alberta Crown Attorneys’ Association responds by Anonymous TdomnV9OD4 on Scribd
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