New protocol for prosecutors won’t cut corners in grave cases: justice minister

Alberta Justice Minister Kathleen Ganley says new guidelines to manage court files

EDMONTON — Alberta Justice Minister Kathleen Ganley says new guidelines to manage court files will not see serious, violent cases like murder or sexual assault sacrificed to save time and money.

“The triage protocol is quite clear: it’s never an instance of taking a plea deal just to save time. It has to be based on the fact that there is some sort of challenge in (a successful) prosecution,” Ganley said Wednesday.

Ganley was referring to a nine-page memo sent last week to prosecutors and released publicly by her office Wednesday.

The document titled “Prosecution Service Practice Protocol” gives prosecutors a road map on how to balance rising caseloads with funding and staffing constraints.

The document spells out that hard choices are needed, especially given a 2016 Supreme Court ruling that puts firm deadlines on bringing cases to trial.

“The objective … is to maximize the time available for prosecution of serious and violent crime,” reads the document.

“Nevertheless, the combined effect of resource constraints and increased (criminal) charges may lead to a situation where the termination of otherwise viable and appropriate prosecutions is necessary in order to ensure that more serious cases proceed.”

The document suggests ways that prosecutors can balance justice with limited resources.

For example:

l prosecutors may wish to push for a plea deal to a lesser charge if a first-degree murder case would be unduly expensive and has a “slim chance” of conviction.

l complicated and expensive fraud cases may not be justified if the accused has already faced sanctions from a regulatory or a professional body.

l for minor offences, just the fact that someone was arrested by police may be enough of a deterrent to future misbehaviour.

Premier Rachel Notley’s government has made it a cornerstone commitment to ensure women receive fair and equitable treatment in the justice system.

Ganley introduced a bill Tuesday to extend the time for victims to file civil claims in domestic and sex assault cases.

On Wednesday, Ganley said she is not concerned that sex assault victims may be leery of coming forward over concern their cases could get short shrift.

“(The protocol) is to allow (prosecutors) to concentrate on serious and violent cases, and we think (sex assaults) are serious and violent cases, usually,” said Ganley.


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