ACCOUNTABILITY
STATEMENT |
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The business plan for the three years commencing April 1,
2006 was prepared under my direction in accordance with the
Government Accountability Act and the government's
accounting policies. All of the government's policy decisions
as of February 23, 2006 with material economic or fiscal implications
of which I am aware have been considered in preparing the
business plan.
The Ministry's priorities outlined
in the business plan were developed in the context of the
government's business and fiscal plans. I am committed to
achieving the planned results laid out in this business plan.
[Original Signed]
Ron Stevens, QC, Minister
of Justice and Attorney General
March 1, 2006
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THE
MINISTRY |
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The Ministry of Justice includes the Department of Justice
as an entity for government reporting purposes, as well as
the Alberta Review Board, the Fatality Review Board, the Judicial
Council, the Notaries Public Review Committee, the Provincial
Court Nominating Committee, and the Rules of Court Committee.
The Alberta Review Board makes or reviews dispositions concerning
any accused person for whom a verdict of "not criminally responsible
because of mental disorder" or "unfit to stand trial" is rendered.
The Board also has the responsibility for determining whether
a person should be subject to a detention order or conditional
discharge or be granted an absolute discharge. The Fatality
Review Board is responsible for reviewing certain deaths investigated
by the Medical Examiner's Office and recommending to the Minister
of Justice and Attorney General whether a public fatality
inquiry should be held. The Provincial Court Nominating Committee
provides recommendations to the Minister of Justice on the
appointment of individuals to the Provincial Court of Alberta,
and the Rules of Court Committee makes recommendations to
the Minister of Justice on amendments to the Rules of Court
under the Court of Appeal Act, the Court of Queen's
Bench Act, and the Civil Enforcement Act.
The Department of Justice is responsible for prosecutions,
court administration, providing legal advice to government
on Alberta's laws, the provision of legal services to government,
and ensuring the justice system meets the needs of Albertans.
The Department protects the legal interests of Albertans in
need through the Maintenance Enforcement Program, Public Trustee
services and support for legal aid. The Department also provides
policy coordination, development, advice, and research. Strategic
Services, Aboriginal Justice Initiatives Unit, and Human Resource
Services provide strategic support to the Ministry. A more
detailed description of the Ministry can be found on our Web
site by clicking
here.
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VISION |
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A fair and safe society supported by a trusted justice
system.
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MISSION |
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To protect the rights of all individuals in Alberta and advance
the interests of society by fostering:
- Safe communities
- Access to justice
- Respect for the law
- Understanding of and confidence
in the justice system
- The legal foundation for social
cohesion and economic prosperity
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LINK
TO THE GOVERNMENT OF ALBERTA STRATEGIC BUSINESS PLAN |
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The
Ministry's core businesses and goals are aligned with and
support a number of government goals and priorities. Alberta
Justice plays a key role in Goal 10 of the Government of Alberta
business plan - Alberta will be a fair and safe place
to work, live and raise families by supporting a trusted
justice system that promotes law and order for the purpose
of protecting individuals, securing justice for victims, and
ensuring offenders are held accountable. The Ministry also
plays a key role in Goal 6: Albertans will be self-reliant
and independent and those unable to provide for their basic
needs will receive help by ensuring that low-income Albertans
have access to legal services that they would not otherwise
be able to obtain.
The Ministry is primarily linked
to the fourth opportunity - Making Alberta the Best Place
to Live, Work and Visit. The Ministry will continue to invest
in Alberta's communities to make them among the safest in
North America by getting tougher on those who commit violent
offences. The Ministry will play a leadership role in establishing
a more responsive justice system by expanding the availability
and scope of dispute resolution options and using technology
to strengthen the justice system. It will also continue to
pressure the federal government to take tough positions against
violent crimes and those who commit them.
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SIGNIFICANT
OPPORTUNITIES AND CHALLENGES |
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Recognizing trends, identifying new challenges, and being
aware of changes in diverse socio-economic sectors is an important
part of setting the Ministry's strategic priorities and addressing
justice concerns for Albertans. A number of these opportunities
and challenges are complex and involve other stakeholders
and jurisdictions. The Ministry is presented with the challenge
of being held accountable for outcomes for which the Ministry
does not have sole responsibility. The following factors will
influence the Ministry in developing future goals and strategies.
Children, Youth, Families
& Family Violence
Family violence continues to be a significant issue in Alberta.
In 2004, women living in Alberta were the most likely in Canada
to report spousal violence, while men in Alberta were the
second most likely. Family violence impacts those directly
involved, the children who witness the violence, the community,
and society as a whole. It is estimated that 60 - 70 percent
of child welfare cases come from violent homes, and that many
physical, mental, emotional and financial concerns are rooted
in family violence.
Child Sexual Exploitation
Possessing child pornography is not a victimless crime. Child
pornography has devastating effects on children and youth,
both those who are exploited in the actual pictures and those
who view it. It is permanent proof of the sexual abuse of
a child. Although child pornography is not new, the internet
has enabled purveyors and collectors of this material to distribute
it in an unprecedented manner.
Identity Theft
Identity theft is one of the fastest growing, and potentially
one of the most economically destructive, forms of criminal
behaviour in Alberta, Canada and the world. With the increasing
sophistication of the criminal element and the growth in the
use of advanced technology by criminals, it is easier than
ever to create a completely false identity, assume the identity
of a deceased person or use personal information of an existing
person to commit criminal offences.
Impact of Gang Crime
Across Canada there has been an increase in senseless and
unprovoked acts of violence committed by gangs, and Alberta
has not been immune to these criminal acts. Particular groups
that can be characterized as gangs may or may not fall within
the legal definition of criminal organization or conform in
their methods to traditional patterns of organized crime.
They are groups that carry out acts of violence or commit
property offences associated with motives of gain and drug
trafficking. Gangs are involved in the illegal manufacture,
trafficking and use of drugs, including crystal methamphetamine.
The increased prevalence of offences committed by drug users
may require distinctive policing, prosecution and court strategies.
Emerging groups are often inter-provincial and pursue criminal
activities in both urban and rural settings.
Traffic Safety
Alberta has a traffic injury and fatality rate that has been
above the national average as recently as 2004. The Alberta
government has taken a very public stance on the issue of
traffic safety, especially with respect to impaired drivers.
Alberta's slogan is "Alberta is getting tough on Impaired
Drivers". Traffic injuries and deaths have a profound impact
on government, through provision of health care, loss of productivity,
insurance issues, enforcement and prosecution, and road construction
and maintenance. The impact on the lives and quality of life
of Albertans is immeasurable.
Access to Justice
All Albertans are entitled to fair and equitable access to
and treatment by the justice system. They want to be able
to resolve conflicts with the least amount of time, cost,
and complexity, and they want to do it close to their own
communities. Issues affecting access to justice include: an
increasing number of self-represented litigants in the family
and civil courts; the inability of low income persons to access
the justice system; and an increasing demand for alternatives
to litigation that are fair while remaining affordable; and
challenges specific to remote areas.
Aboriginal Initiatives
Aboriginal people are the youngest and fastest growing population
in Alberta, with one-third of the Aboriginal population 14
years of age or younger. The disproportionate representation
of Aboriginal people at all stages in the criminal justice
system, both as victims and offenders, continues to be a significant
issue.
Public Engagement and
Confidence
With Albertans increasingly demanding a greater role in government
decision-making processes, constructive engagement is becoming
of greater importance in ensuring that services, programs,
and information meet their needs in the most effective and
efficient ways possible. Engaging and informing Albertans
about the justice system through public legal education has
the potential to improve Albertans' understanding of the structures
and processes of the justice system, and it also has the capacity
to instill a greater respect for the rule of law. Understanding
the law and the notion that no individual, group or organization
is above the law is fundamental to a free and democratic society.
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STRATEGIC
PRIORITIES 2006-09 |
Through the Ministry’s
review of external and internal challenges, the following
strategic priorities have been identified. The prioritites
are equally important to the Ministry.
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1.
Stakeholder / Partner Engagement
Linkage:
Goal 4 |
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The Ministry must work with Albertans and justice stakeholders
in a collaborative, consultative, and continuous way to coordinate
efforts and clarify roles and responsibilities in order to
be able to effectively respond to the key issues of Alberta's
justice system. This includes providing increased opportunities
for engagement and making stakeholder involvement an integral
part of the policy and decision-making process. Strong partnerships
with stakeholders are required for the Ministry to enhance
Albertans' understanding of the rule of law and increase their
confidence in the justice system. |
2.
Traffic Safety
Linkage:
Goal 2 |
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Alberta,
in conjunction with the federal government and all provinces
and territories, has committed to Road Safety Vision 2010
– a national strategy to make Canada's roads the safest in
the world. The strategy includes aggressive targets to reduce
fatalities and injuries on Canada's roadways. Justice is working
closely with Infrastructure and Transportation, Solicitor
General and Public Security, as well as non-government organizations
to implement the Alberta Traffic Safety Plan. The Alberta
Traffic Safety Plan provides new strategies, including legislation
and increased enforcement, to reduce the number of injuries
and deaths on Alberta's roads. |
3.
Family Violence and Protection of Children
Linkage:
Goal 1 |
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Since
the Alberta Roundtable on Family Violence and Bullying in
May 2004, Alberta has taken many positive steps toward prevention
and effective intervention in family violence. However, Alberta
continues to experience deaths as a result of intimate or
ex-intimate partner relationships. Although Alberta has many
agencies that address family violence, they are not all well
positioned to deal with situations of high risk. The establishment
of an Alberta Relationship Threat Assessment and Management
Initiative would provide an expert resource to professionally
assess threats and their level of lethality, formulate mitigation
strategies and develop safety plans. This initiative is being
coordinated with the Family Justice Strategy to ensure that
these two initiatives support one another. |
4.
Dispute Resolution
Linkage:
Goal 2 |
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Justice has committed
to providing high quality alternate dispute resolution processes
to Albertans, to allow for resolution of disputes in efficient
and effective ways. |
5.
Family Justice Strategy
Linkage:
Goal 2 |
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The Family Justice
Strategy is focused on the alignment of family law and procedures.
The long term goal is to have a family law system that offers
a common set of procedures and appropriate services to all
family law applicants, regardless of geography or the court
to which they apply. |
6.
Legal Aid Service Delivery
Linkage:
Goal 3 |
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Issues
of increasing demand and associated costs of providing legal
aid services will be addressed by various strategies, including
the implementation of a staff counsel pilot project in adult
criminal court. |
7.
Aboriginal Self-Sufficiency
Linkage:
Goal 5 |
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Justice
is a co-leader with Aboriginal Affairs and Northern Development
in implementing one of the Government of Alberta’s Top Priorties;
Building Aboriginal Self-Sufficiency. This initiative seeks
to provide clear policy parameters to guide provincial participation
in self-government negotiations. As well, the participation
of First Nations in economic and resource development on reserves
can be promoted by the application of provincial regulatory
standards. |
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CORE
BUSINESSES, GOALS, STRATEGIES & PERFORMANCE MEASURES |
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Core Business One: Prosecutions |
The
Criminal Justice Division prosecutes persons charged with Criminal
Code, Youth Criminal Justice Act, and provincial statute offences.
The division promotes safe communities by vigorously prosecuting
cases involving serious and violent crime and working with individuals
and organizations in the community to identify and implement
improved and alternative approaches to the administration of
criminal justice. In addition, the division develops criminal
law policy for the province and supports criminal law consultation
with other levels of government.
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![Goal 1](/web/20061208005328im_/http://www.finance.gov.ab.ca/publications/budget/images/goal01.gif)
Promote safe communities in Alberta |
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Through public
consultations, Albertans have indicated that a high priority
for them is safe communities in which they can live, work,
and raise their families in safety and security without fear
of crime or victimization. Crimes that threaten our communities
are becoming more sophisticated and the criminal justice system
must be positioned to investigate and prosecute these emerging
crimes. |
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1.1 Advance Alberta's
positions to the federal government and garner support from
the other provincial/territorial governments to reform criminal
law, including matters relating to: long term and dangerous
offenders, peace bonds, bail provisions and mandatory minimum
sentences for serious drug offenders and offences involving
firearms.
1.2 Work with traffic safety
partners to implement initiatives to improve road safety in
Alberta and explore opportunities to enhance the effectiveness
of investigating and prosecuting impaired driving cases.
1.3 Enhance the capacity of the
Prosecution Service to align with increasing police resources
to prosecute serious and violent crime to the fullest extent,
including but not limited to the sexual exploitation of children,
organized and economic crime, local gang violence, identity
theft and crimes related to and arising from crystal methamphetamine
and other drug abuse.
1.4 Work with partnering ministries,
police service and community partners to advance the Alberta
Relationship Threat Assessment and Management Initiative to
reduce domestic violence related injuries and deaths.
1.5 Work with ministry and community
partners to identify gaps in services and explore best practices
to develop strategies that will improve the criminal justice
system response to sexual assault.
1.6 Participate with Solicitor
General and Public Security and other stakeholders in the
implementation of the government-accepted recommendations
of the MLA Report of the Alberta Victims of Crime Consultation.
1.7 Review and prepare proposals
for controlling the ability of persons convicted of serious
crimes to profit from the recounting of their crimes and to
allow victims of crime to benefit from those profits. |
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Core
Business Two: Courts |
Alberta
Courts are presided over by an independent judiciary. There
are three courts in the province – the Court of Appeal, the
Court of Queens' Bench and the Provincial Court. The Court Services
Division provides administrative support to the courts. Court
Services also provides policy advice and assistance to the Minister
and the Ministry in relation to court issues. Stakeholders of
Court Services include the public, the legal profession, law
enforcement services, correctional authorities and various service
providers. |
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Promote a fair and accessible civil and criminal justice system |
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Justice is responsible
for helping to resolve criminal and civil disputes. This includes
reasonable access to court resources and dispute resolution
opportunities. Where appropriate, this includes alternatives
to traditional court processes, such as mediation, judicial
dispute resolution, and mini-trials. By speeding up the process
and lowering costs, these alternatives can improve access. |
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2.1 Develop a
long-term approach to move forward with a Justice Information
Management System initiative that will address current and
future business requirements of the Ministry and the Courts,
focussing on technology as a means to strengthen the Justice
system.
2.2 Develop and coordinate a
strategy to integrate and streamline delivery of all aspects
of Family Justice.
2.3 Develop, evaluate, improve
and coordinate mediation and other dispute resolution initiatives.
2.4 Work with Infrastructure
and Transportation and the judiciary to ease court crowding,
modernize buildings and improve access to the justice system.
2.5 Work with Solicitor General
and Public Security to enhance the integration and effectiveness
of the Provincial Security Program, including perimeter security
and/or enhanced security for all courts.
2.6 Develop a strategy to address
increasing traffic ticket and bylaw volumes and ensure effective
processing of these matters in the courts. This strategy includes
electronic ticket processing.
2.7 Working in partnership with
the Alberta Law Reform Institute, the Rules of Court Committee,
and/or other stakeholders as appropriate, rewrite the Rules
of Court to simplify and update them.
2.8 Improve access to justice
for self-represented litigants by improving court information
services for the public.
2.9 Review and prepare amendments
to the existing provisions that provide for structured settlements
(periodic payments), to be applied where courts award damages
for personal injury or death. |
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Core
Business Three: Justice Services to Albertans |
This
core business includes Goals 3 and 4. The Ministry promotes
fair and equitable access to the civil and criminal justice
system by providing a broad range of justice services through
the courts, prosecution, and appropriate dispute resolution
mechanisms. Access to justice also means addressing barriers
access the justice system by providing legal representation
for Albertans who are in need of assistance and by providing
Albertans with accurate and up-to-date information to help them
increase their awareness and knowledge about the justice system.
In addition, services such as maintenance enforcement, estate
and trust administration services, and legal aid contribute
to the preservation of a safe society for Albertans.
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![Goal 3](/web/20061208005328im_/http://www.finance.gov.ab.ca/publications/budget/images/goal03.gif)
Provide access to justice services for Albertans in need |
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Through its programs
and services, the Ministry of Justice provides support and
protection to vulnerable citizens, including families who
depend on court-ordered maintenance payments, individuals
unable to protect their financial interests, and individuals
who cannot afford legal counsel. Helping those in need is
essential to Alberta's success. |
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3.1 Conduct a
feasibility study for a pilot project to encourage compliance
with court ordered parenting time in Edmonton.
3.2 Continue public awareness
activities to inform the general public about Maintenance
Enforcement Program services.
3.3 Determine a model for administrative
recalculation of maintenance by conducting a review of needs
in Alberta and examining best practices in other jurisdictions.
3.4 Complete the expansion of
the Tri-Departmental Assured Income for the Severely Handicapped
(AISH) Benefits Administration Program. This program assists
AISH recipients manage their AISH benefits where the individual
has limited other resources and no one else who can assist
in this regard.
3.5 In coordination with Seniors
and Community Supports, review all submissions from the public
and feedback from the stakeholder focus groups and draft a
revised Dependent Adults Act.
3.6 Work with the Legal Aid Society
of Alberta to implement a staff counsel pilot project in the
adult criminal court in Edmonton, which will provide services
to eligible clients. |
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![Goal 4](/web/20061208005328im_/http://www.finance.gov.ab.ca/publications/budget/images/goal04.gif)
Improve understanding of and confidence in the justice system |
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Albertans
identify that information and education about the justice
system is important. Additionally, perceptions of crime in
their communities and the province, along with the information
they receive from the media, affect their understanding of
and confidence in the justice system. The Ministry will continue
to work with partners to find better ways of informing Albertans
about the justice system, including the development of new
strategies and working with Education and other stakeholders
to develop justice education resources for Alberta classrooms.
Recognizing the importance of the rule of law in the operation
of government, this core business is central to the department's
role in seeing that public affairs are administered according
to law. |
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4.1
Consult with stakeholders whenever appropriate on programs,
policies, and services in areas of provincial responsibility
when contemplating significant changes that will impact the
public.
4.2 Initiate and maintain partnerships
with stakeholders to identify information gaps and to determine
potential research opportunities and effective justice education
strategies.
4.3 Develop and implement initiatives
in consultation with partners to increase Albertans' awareness,
understanding, and confidence in the rule of law and the justice
system.
4.4 Work with Education and other
stakeholders to develop justice education resources for Alberta
classrooms. |
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Core
Business Four: Legal and Strategic Services to Government |
Civil
Law provides legal services to all government ministries and
represents them in matters before the courts and tribunals.
Constitutional and Aboriginal Law provides specialized services
to the government in constitutional and Aboriginal law matters.
Legal Research and Analysis provides advice on legislative policy.
The Legislative Counsel Office is responsible for drafting government
public bills, regulations and Orders in Council.
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![Goal 5](/web/20061208005328im_/http://www.finance.gov.ab.ca/publications/budget/images/goal05.gif)
Assist government ministries to achieve their objectives
through provision of effective legal and related strategic services |
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The government
performs a number of roles as service provider, community
partner, and lawmaker. These roles involve relationships with
individuals, families, communities, and other governments.
Effective legal services reduce the potential for conflict
involving the government, as well as protecting and advancing
the interests of the government. By providing effective legal
and related strategic services, Justice can assist other ministries
in achieving their corporate goals and strategic priorities.
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5.1 Enhance alignment
of legal service resources with government ministries by continuing
to:·
- Modify legal service protocol
agreements to meet the ongoing needs of client ministries
and Justice.
- Improve our corporate counsel
services to meet the needs of client ministries.
5.2 Provide legal and related
strategic advice to the Deputy and Assistant Deputy Minister
committees in relation to Aboriginal self-government and the
regulatory framework for economic activities on reserves.
5.3 Establish and maintain a
network of Alberta Government legislative planners to facilitate
the sharing of information on principles, processes and best
practices in relation to the development of legislative proposals.
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EXPENSE
BY CORE BUSINESS |
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MINISTRY
STATEMENT OF OPERATIONS |
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CONSOLIDATED
NET OPERATING RESULT |
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