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Alberta Crown prosecutor strike averted as province commits to negotiations

A courtroom at the Edmonton Law Courts building, in Edmonton on Friday, June 28, 2019. Jason Franson, The Canadian Press

After threatening job action in April, a Crown prosecutor strike in Alberta has been averted for now.

The president of the Alberta Crown Attorneys’ Association said Monday that the government of Alberta has heard the association’s concerns and has agreed to make changes and take the first steps to set parameters for a collective bargaining agreement.

“Today marks the beginning of a new chapter in our prosecution service history,” Dallas Sopko said. “The next six weeks should mark the end of decades of volatility in our service.

“Our government, including Justice Minister Shandro, has committed… to enter into negotiations for a framework agreement that would provide long-term stability for our service and will acknowledge our association’s need to be the long-term voice for all prosecutors.

“In the interim, as we work towards this framework agreement, the government has made a market adjustment to compensation and committed to provide additional mental health supports for prosecutors.”

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In a news release, the province said a comprehensive analysis of market rates across Canada was done and showed that prosecutor compensation was “noticeably lower” in Alberta. In response, Crown prosecutors’ pay will be adjusted to be “competitive with other provinces and the federal prosecution service,” the government said.

“Now, Alberta will be able to attract new prosecutors and keep experienced prosecutors, which is critical to an effective criminal justice system.”

The government said it will work with the Alberta Crown Attorneys’ Association” on a framework to build a strong working relationship,” as well as more supports, including possible on-call mental health professionals.

Click to play video: 'Shortage of Alberta Crown prosecutors means 1,200 serious files at risk of being stayed'
Shortage of Alberta Crown prosecutors means 1,200 serious files at risk of being stayed

Sopko said the province’s justice system has been struggling with volatility and uncertainty for the last three decades and the problems worsened in the last couple years.

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Key issues pointed out by the association were crushing workloads, lack of mental health supports and uncompetitive compensation.

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In March, the association wrote a letter to Premier Jason Kenney in a last-ditch effort to allow Crowns to start their own union. It explicitly states: “Your government’s neglect has forced us to consider job action.”

The advocacy made a difference, Sopko said.

“I do think that our letter and the suggestion that there may be job action ignited the relationship that we have and removed barriers that previously existed between the government and our association,” he said Monday. “Do I think it it motivated the discussions that led us to where we are now? Absolutely.”

Sopko said the government’s commitments will help relieve some of the short-term issues, which the prosecutors appreciate.

“More importantly though, the government has committed to resolving the long-term issues that have plagued our service by agreeing to enter negotiations towards a framework agreement. They have acknowledged that this certainty is key for the long-term viability of our prosecution service.”

Click to play video: 'Almost half of criminal cases in Edmonton withdrawn'
Almost half of criminal cases in Edmonton withdrawn

He called the commitment “groundbreaking.”

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“It is a substantial commitment, one that no other government in the over 50-year history of our association has made.”

Sopko said the association, which represents about 400 prosecutors employed by the Alberta government, remains “motivated” and “cautiously optimistic” that a framework will be made and changes enacted.

The framework agreement would set parametres of a subsequent collective bargaining agreement and would recognize the association as the representative for all Alberta prosecutors. It would set out ways disputes would be resolved and timeframes in which they would need to be resolved.

Other provinces and the federal prosecutors have these agreements, Sopko said.

And, if Alberta isn’t able to reach one of its own, he said the strike option returning is “likely.”

“I’m sure there will be stumbling blocks along the way like there is in any other good faith negotiation, but we’re confident that the government has shown us in the last month or so that they’re serious about doing this and they’re serious about doing what’s right for all Albertans.”

Click to play video: 'Alberta’s Crown prosecutors considering job action'
Alberta’s Crown prosecutors considering job action

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