Introduction

Thank you, Doug, for that kind introduction.

Chief Justice Fraser, colleagues Jon Havelock, Vic Toews and Lois Moorcroft. Chief Silverberg, Ladies and gentlemen. It is a pleasure to be with you tonight and to participate in this important event — the Alberta Justice Summit. Thank you, Jon, for organizing this opportunity for so many Albertans who care about our justice system, to come together to share views, concerns and possible solutions.

Everyone here, over the next two days, will be participating in something very important. You will take a close look at your justice system and, with a critical eye, determine what you, your communities and your governments can do to improve it.

"Justice" is one of those subjects on which we all have views, sometimes very strong views. When we talk about justice, we are talking about the values we hold and how we define ourselves as a people, a community and a nation.

Tonight, I want to say a little bit about why, I think, Albertans and Canadians are concerned about their justice system — why we’re here today in the first place. And then, with reference to a few things our governments are doing, how I think our shared task of improving our justice system can be achieved.

A Work in Progress

Like all Canadians, Albertans are proud of our justice system. We know that we have one of the world’s finest systems of justice — renowned for its fairness, impartiality and integrity. We are proud to live in a country with a Charter of Rights and Freedoms. In fact, Albertans have a stronger attachment to the Charter than any other Canadians.

However, as good as our system may be, we are also concerned, more so today than in the past, that our system of justice is out of touch with our values and our needs.

Canada has changed dramatically over the past few decades. We no longer live in a homogeneous country bent on assimilating immigrants and Aboriginal people. As we can see just looking around this room, we live in a pluralistic, multicultural society. Newer generations of immigrants have brought with them new perspectives. There are more people questioning whether their governments, institutions and community leaders adequately represent them.

There are not only more voices. As public debate is channeled through and shaped by the media, some of these voices can be amplified, while others lost. In the age of modern media, truth and perspective can be overpowered by dramatic images and polished communications. The many shades of grey we experience in daily life can be overshadowed by stark representations of good and evil.

In this highly charged environment, we search for the quick fix — often when responding to horrifying, though perhaps, isolated events. Sadly, quick fixes tend to often fall short of expectations. It is a frustrating reality that changes to the law alone cannot solve all our problems.

Further, the Charter has changed our expectations about what the justice system and governments are capable of accomplishing. And it can raise sharp questions about collective versus individual rights and the role of our courts in relation to our elected legislators.

We see today an unprecedented public criticism of our courts, in particular of the Supreme Court of Canada. Judicial review does pose challenges for a society that prides itself on its commitment to democratic principles. And, while it is healthy to debate the role of the courts in a democratic society, we should also remember that the courts have always played a role in shaping law and policy.

Our justice system has been slow to respond to these new realities and pressures. Canadians want a greater say in how their country is run and do not have patience for governments that engage in jurisdictional wrangling, instead of focusing on the issues that matter. What Canadians seek is a greater democratization of our institutions, including those of justice. To achieve this, we must change the way these institutions relate to citizens. We must also find a more constructive way for federal and provincial governments to work together, so that what prevails is a shared desire to tackle the issues that are important to Canadians.

All-Party MLA Report: Mirror of Our National Concerns

The All-Party MLA Report, which was produced after extensive consultations across Alberta for use as a basis for discussion at this Summit, captures much of what I’m saying.

The Report states, for example, that "some people seem confused as to the purpose of the criminal justice side of the system. Some see the essential purpose of the criminal justice system as deterrence, punishment and retribution while others see it as restoration and rehabilitation. Others expressed a loss of confidence in a criminal justice system that they see as inconsistent....They perceive a lack of consistency in sentencing both across jurisdictions and between individual judges."

Further on, it states: "we have a skilled judiciary who render well-thought-out decisions, but they are unable to address the healing of society....We must enhance the justice system to allow our judges to do what they do best and at the same time complete the justice circle by striving to rebuild relationships and [heal the] community."

The MLA Committee also reported that access to justice was raised frequently during their consultations. The justice system "is too complicated. The very nature of the court process, including the terminology and procedures used, makes the justice system confusing and intimidating for the average person.... the system should become more understandable....and plain language should be used."

The Search for Answers

So what do we do about all this?

Some of the answers seem obvious. Encouraging judges and lawyers to use plain language should not be too hard. But improving access to key parts of the legal system means more than plain language. For example, we must seriously promote alternatives to resolving legal conflicts outside the adversarial — and costly — courtroom.

We should involve citizens in the development of justice policies that reflect their values and concerns. We must encourage greater participation in justice issues at the community level. We, as individuals, must have a sense of ownership in our justice system, and we must take our share of responsibility for the way it operates.

Dispute Resolution

Alternative models of dispute resolution hold the promise of providing better and less costly ways of dealing with conflicts and disagreements. The court system will always be needed for certain conflicts, but when parties to a dispute can be brought together to resolve their differences without being pitted against each other in an adversarial court system, the outcome is almost always better.

My department has committed new resources to develop alternative dispute resolution models for federal agencies. The Government of Alberta is showing leadership in the area of family law, encouraging parents dealing with family breakdown to resolve their differences outside the courtroom. These represent concrete steps to streamline and develop more accessible ways of resolving disputes.

Crime Prevention

If we look at the criminal justice system – more and more Albertans are telling us to put more emphasis on crime prevention. We are making good progress on crime prevention. Two days ago, Jon Havelock and I announced funding for seven new, community-based crime prevention projects in Alberta. These projects, funded by the National Strategy on Crime Prevention, are locally designed initiatives to fight crime by preventing it in the first place.

The funding will enable the John Howard Society to establish at least 3 youth crime prevention projects across Alberta; will help the Tsuu T’tina/Stoney Corrections Office run a 3-day workshop for Aboriginal youth to heighten awareness of the effects of crime and to help them discourage others from getting involved in crime; will assist the Kidsport Society of Alberta to help underprivileged children participate in sports, give their lives more structure and keep them out of trouble.

What’s important about these projects is not just that they will help prevent crime in our communities, but that they have been developed and will be run at the local level by people who know and care about their community. You can’t design crime prevention programs for Red Deer in a board room in Ottawa or even Edmonton; they must be done in Red Deer, where citizens understand their crime problems and the likely solutions, and the available local resources.

And, by investing in crime prevention locally, we involve Canadians at the front end of the justice system; enabling them — as parents, youth, police, social workers, lawyers, doctors and teachers — to work together to protect their communities.

Crime prevention is where the criminal justice system begins. We would never say that health issues first concern us when we are rushed to the hospital by ambulance. Our social health is no different — we must prevent social conditions or circumstances that lead to anti-social, criminal behaviour. As the MLA Report says: "if the role of the justice system is to protect the public, the best way to do so is to prevent crime."

Victims

Another feature of our justice system that has been criticized in recent years is the way it recognizes and responds to the needs of victims of crime. But this is also an area where progress has been made and where federal and provincial governments are working together to improve the justice system’s treatment of victims.

We must not forget that victims do not ask to become part of the criminal justice system. They are thrust into it and once in it, they deserve to participate in the administration of justice with dignity and respect. At a minimum, they deserve the information they want and the support and legal protection they need. The Alberta MLA Report states: "Many victims see themselves as being victimized twice, once by the offender and then again by the insensitivity and demands of the system."

How victims are treated is an issue for both federal and provincial governments; while provinces are responsible for the delivery of victims’ services and programs, the federal government is responsible for the Criminal Code and, therefore, the laws that define the role of victims in the justice system. Again, what Canadians want to see is federal and provincial governments working together to improve the situation of victims.

And we are working together. Last month, the Government of Canada announced a new action plan for victims of crime. The plan was developed after consultations between Ottawa and the provinces and after a thorough review by the Standing Committee on Justice and Human Rights.

The plan includes amendments to the Criminal Code to make it easier for victims to participate in the justice system. We will be changing the victim fine surcharges to support victim services provided by provincial governments. We will also be establishing within the Department of Justice a policy centre on victims’ issues to review federal policy and legislation and identify emerging issues relating to victims within federal jurisdiction.

Young Offenders

The last area I’ll touch on briefly is youth justice. In the next few weeks, I will table in Parliament new youth justice legislation, after some of the most extensive consultations my department has ever conducted. This is another area that transcends jurisdictions and that will require a high degree of co-operation to succeed.

The new legislation will distinguish violent and repeat young offenders from the majority of young offenders who are non-violent and provide appropriate measures to deal with both. The Act will provide the provinces and territories with the flexibility they need to respond to the specific challenges they face, respectful of the different approaches taken to youth crime across jurisdictions.

In addition to stricter measures to respond to violent youth crime, the new legislation will recognize and encourage the involvement of communities. We will give the police greater flexibility in their handling of youth crime. We will encourage judges to use alternative sentences for non-violent offenders, developed and implemented at the community level by teachers, the police, parents and, when possible and desired, victims of crime. The philosophy here is simple: if people have a role to play in the administration of justice, it will be a system in which they will have confidence.

Conclusion

Dispute resolution, crime prevention, victims and youth justice are four areas where Canadians want to see their governments working together. Of course, there are many others.

The key to success in these areas and to increasing public confidence in the justice system and its institutions is to increase opportunities for real participation in our system of justice. That means participation by victims who want to be kept informed and to have their say, as well as participation by communities and individuals in crime prevention and youth justice initiatives. It means taking a hard look at policies, programs and laws and seeing to what extent they are "out of sync" with the concerns and values of Albertans and Canadians.

You will begin that task this evening. And your job will not be easy. In the area of justice, there are rarely simple answers or strategies. But we should never let this discourage us.

As a famous U.S. Chief Justice, Oliver Wendell Holmes, once said: "Law is nothing unless behind it stands a warm, living public opinion."

This is your challenge. This is our challenge – to ensure that our laws – our legal system – deserve the confidence of the public.

Your thoughts, ideas and insights over the next two days will be crucial in our shared challenge of improving our system of justice. For this, I say thank you and good luck.