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By LegalMatters Staff • Alberta is implementing an important change in the province’s criminal justice system that should see caseloads drop by one-fifth.
The recent provincial budget included $30 million in funding for the Alberta Crown Prosecution, with just under $5 million to be used to hire 16 pre-charges assessment prosecutors. These new prosecutors will screen criminal charges before they are laid by police, eliminating cases where there is little chance of a conviction.
It is expected a decision will be reached in two days in most cases, although Justice Minister Tyler Shandro says the screening of more complex cases could take longer.
British Columbia, New Brunswick and Quebec already have pre-charge screening systems in place, with Ontario considering it. In B.C., the criminal court caseload dropped 20 per cent with the system.
It is expected the process will be in place across Alberta by early 2024.
“This system has already proven itself through pilot projects in Hinton, Canmore and Strathcona County,” says Calgary criminal lawyer Greg Dunn.
He notes that the pilot projects led to a decrease of 21 per cent in commenced cases and 29 per cent decrease in criminal charges laid compared to the same time in the previous year and had little impact on the timeliness of laying charges.
Under the new system, Dunn says prosecutors will recommend to police whether charges should proceed, based on the likelihood of conviction and whether pursuing charges is in the public interest.
“Police will not be obligated to follow a Crown attorney’s advice, but in practice, they almost always do, since the final decision to prosecute lies with the Crown,” he says.
Dunn adds pre-screening should also benefit those accused of crimes, especially if police have a weak case to support the charges.
“People in that situation will be cleared much more quickly than before, allowing them to return to their families and regular life without the prospect of prosecution hanging over their heads,” he explains.
