Connection
Latest news
Shortage of prosecutors: towards abandoning prosecutions
Crown prosecutors fear the worst in the face of the crisis which is slowing down the functioning of the criminal justice system in New Brunswick. Calls for help have been made for two weeks. Me Yves Duguay, Vice-President of the New Brunswick Association of Crown Prosecutors and prosecutor in Bathurst, admits that the situation has been worrying for a while.
[ ...More ]Publication date : 2024-03-27
B.C. prosecutors’ association raises security concerns about Vancouver courthouse following assault
The association that represents B.C.’s roughly 450 Crown prosecutors is raising safety concerns around an East Vancouver courthouse after a member was allegedly assaulted outside last week. "We’re reeling, this has really shaken us to the core to have one of our own attacked right here,” said BCCCA president Adam Dalrymple.
[ ...More ]Publication date : 2024-02-05
Increased number of homicides doesn’t bode well for overworked N.L. prosecutors, association says
There are 17 homicide cases before the courts in Newfoundland and Labrador, and the head of the association that represents local prosecutors says the higher-than-normal caseload will be difficult to handle.
[ ...More ]Publication date : 2023-09-07
Manitoba adds 25 Crown attorneys to prosecution service amid workload issues
The Manitoba government hopes to add about two dozen more prosecutors and assistants to the prosecution service, which attorneys say has been struggling to keep up amid workload and workforce issues. Manitoba Association of Crown Attorneys says province left group out of discussions.
[ ...More ]Publication date : 2023-06-26
Les Leyne: Premier David Eby takes on lawyers — again
The B.C. NDP government has introduced a one-page bill that bestows the right to join a union on the 350 lawyers who work for government. There’s a catch. It herds them into a union the government prefers, the Professional Employees Association, rather than allowing them to form their own.
[ ...More ]Publication date : 2023-05-06
‘Unfair labour practice’: B.C. government accused of blocking union bid by its own lawyers
Lawyers for the B.C. government say the province has ended negotiations with them ahead of legislation they claim aims to block their right to form their own union.
[ ...More ]Publication date : 2023-05-04
<-- Back to archived news
Alberta courts face uncertainty as justice bill scales back preliminary inquiries
16-09-2019
Preliminary inquiries will only be allowed in cases where an accused is facing at least 14 years in prison when a new federal justice bill comes into effect Sept. 19.Ian Kucerak / Ian Kucerak/Edmonton Sun
Fewer people facing criminal charges will be eligible for preliminary inquiries prior to trial when a controversial portion of the Liberal justice bill goes into effect this month.
As of Sept. 19, only those facing a maximum sentence of 14 years in prison or longer will be eligible for a preliminary inquiry — a type of pretrial proceeding in which a judge determines whether there is enough evidence to send a case to trial.
The Liberal government’s Bill C-75 scaled back eligibility for the hearings as a means of reducing court delays. Crown and defence attorneys have criticized the move, saying it won’t do anything to ease backlogs in the judicial system.
“If the logic behind it was to fast-track trials and reduce the court backlog, we’re not of the opinion that it’s going to have much of an effect,” said Rosalind Greenwood, a vice-president with the Alberta Crown Attorneys’ Association.
During a preliminary inquiry, the Crown presents its case much like in a trial. At the end of the proceeding, a judge decides whether there’s enough evidence for a properly instructed jury to potentially convict the accused. If so, the case is then committed to trial.
In Alberta, preliminary inquiries are usually held in provincial court for cases that will be tried in the Court of Queen’s Bench, the superior court. Evidence given during the proceedings is typically covered by publication ban.
Some see preliminary inquiries as an inefficient use of court time, as they in some cases cover the same ground as a trial. But both local Crown and defence attorneys’ associations say prelims can help speed up the legal process.
Testing the Crown’s evidence before trial can reveal weaknesses in the state’s case and lead to charges being dropped, said Jordan Stuffco, a defence lawyer and president of the Criminal Trial Lawyers’ Association. Alternatively, it can show an accused what they’re up against and hasten a guilty plea.
“Many times, preliminary inquiries would assist with resolving a file,” said Stuffco.
He added preliminary inquiries help guard against wrongful convictions. While murder cases will still be eligible for preliminary hearings, Stuffco said he’s concerned other serious crimes such as fraud and sexual assault won’t be.
“Lots of these cases will no longer get a preliminary inquiry. It’s definitely going to have an impact.”
Greenwood added prelims can narrow the issues that will be dealt with at trial and thus shorten trial times.
Jordan Stuffco. Shaughn Butts / Postmedia
CONFUSION IN ONTARIO
In Ontario, there is confusion around who is entitled to a preliminary inquiry after the new bill takes effect. The Toronto Star reported Ontario’s provincial Crown is taking the position that people who already have scheduled prelims after Sept. 19 won’t get them.
Stuffco said that so far, Alberta Justice’s approach seems to be more middle-of-the-road — allowing prelims scheduled before the new law comes into effect to go forward. In a statement, Alberta Justice would only say interpretation of the new rules is “something that will require a judicial decision, which will likely come up during the course of a case.”
“Until the court has made a ruling on the temporal application of the amendments, it would not be appropriate to comment,” a spokesperson said.
In a statement, the federal department of justice said: “Where a preliminaryinquiry has been requested prior to September 19, 2019, the federal government’s interpretation of the applicable legislation and case law is that the accused person is entitled to one. To the extent that there is any disagreement on this interpretation, this issue will be before the courts.”
Greenwood said it remains to be seen how the changes will impact Alberta’s courts system. Overall, the percentage of cases that receive a preliminary hearing is quite low — in 2014-15, it was about three per cent of criminal trials, she said.
Regardless, she doesn’t believe the bill will do what it professes to do.
“We don’t think this particular amendment will result in speedier trials,” she said. “If they really want to put a dent … in reducing the backlog … what needs to happen is more resourcing — not only for the court, but for Crown prosecutors and for Legal Aid.”
