Legal Aid Alberta lawyers are celebrating a four-year-old initiative that has seen more than 120,000 bail hearings completed.
The Justice of the Peace Bail Program was started in 2018 to help level the legal playing field in bail hearings where Crown prosecutors argue whether someone should be released on bail and under what conditions.
It can be an intimidating process for many and having a Legal Aid Alberta (LAA) lawyer available to offer free information, advice and representation can make a big difference.
LAA duty counsel bail lawyer Lori MacKay said, “We want to make sure that people who have been arrested are getting the best possible opportunity to be released and not have to face their charges from custody before they even get to trial.”
“Bail, next to a trial, is the most important stage for a person dealing with criminal charges. A single day of liberty lost can never be regained – and we work hard every day to prevent that from happening.”
Edmonton-based legal aid lawyer Zane Pocha said for those who have been arrested being kept behind bars stops them from returning to work or looking after their homes and families while the justice system deals with their case, a process that can take many months.
People run the risk of losing their livelihoods, their children, or their possessions if they agree to unrealistic bail conditions, said Pocha.
About half of those he sees are dealing with the justice system for the first time. They often come to court unrepresented and may be straight off the street and suffering from impairment issues or mental health issues.
“A lot of people will agree to anything just to get out,” he said. “But they may be agreeing to restrictions that they shouldn’t be agreeing to.
“A lot of times Crown prosecutors may be asking for conditions that may or may not be relevant to securing good behaviour. At the end of the day, that’s the goal of the bail hearing, to make sure they get to court and to secure good behaviour.
“It’s not to pre-judge anyone. It’s too secure good behaviour and prevent further crimes.”
In their haste to get out of jail, people might agree to curfews or the condition they regularly report to a parole officer which are not realistic restrictions given their jobs or family commitments.
Legal aid lawyers also play a role in convincing prosecutors to drop unnecessary charges that just further clog up the justice system.
Pocha said the 15 to 20 lawyers involved in the bail program are proud of the work they have done in helping their clients and saving the court system tens of thousands of unnecessary appearances. They work out of Edmonton and Calgary and participate by phone when dealing with bail hearings in Red Deer and other communities.
“It’s a program we’re really proud of. “We’re helping a lot of people who are unrepresented, or mentally ill or under the influence.
“Personally, there’s no greater feeling than helping a guy out and help him keep his life somewhat together while he’s dealing with these legal issues. The people here care so much about the disadvantaged. It’s amazing the quality of the people we have here, they are so dedicated.”
Legal Aid lawyers can be reached by calling 1-866-845-3425. The line is open 16 hours a day. Legal aid duty counsel can also be approached and asked for help at the courthouse.