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Provincial Court

The Provincial Court of Alberta is primarily the point of first entry into the justice system. The Court is dedicated to providing timely, accessible and affordable access to that system for all Albertans. In order to achieve that objective, the Provincial Court sits 12 months of the year in 75 towns, cities and on several First Nations’ lands throughout the Province, and has jurisdiction in Criminal, Civil, Family and Youth law and offences set out under the Provincial Offences Procedures Act.

In the Criminal area, every criminal prosecution in Alberta starts in Provincial Court, and at least 98% of them are concluded in this Court, regardless of whether the matter proceeds by way of summary conviction or indictment. This Court, like many of its counterparts across Canada, is the de facto criminal trial court of the Province. Only a small number of criminal law charges that are statutorily barred from being heard in the Provincial Court are not resolved there. In addition, there are specialized courts dealing with domestic violence and drug offences.

Judges (or Presiding Justices of the Peace) also deal with judicial interim release hearings and the vast majority of applications for search warrants permitted under provincial and federal legislation. Judges of the criminal court conduct public inquiries with or without a jury under the Fatality Inquiries Act.

The Family area deals with Parenting and Contact Orders (custody and access) for parents and children, as well as grandparents’ access, guardianship, emergency protection orders, apprehension orders under a number of provincial statutes, mental health warrants, maintenance and spousal support. In addition, this area hears all matters relating to child welfare and private guardianship pursuant to the Child, Youth and Family Enhancement Act.

The Youth area deals with all Criminal Code offences committed by youths aged 12 to 17 years inclusive, pursuant to the Youth Criminal Justice Act and all provincially legislated offences.

The Civil area has concurrent jurisdiction with the Court of Queen’s Bench in civil matters involving debt and damages (including damages for breach of contract) to a maximum of $25,000. The court also offers both pre-trial conferences and alternate dispute resolution programs.

The Traffic area deals with offences (commonly referred to as provincial offences) under many provincial statutes, municipal bylaws and some federal statutes. Trials in Traffic Court are generally heard by a Sitting Justice of the Peace, although, Provincial Court Judges do hear trials at some circuit locations in the Province.

The Court consists of the Chief Judge, nine Assistant Chief Judges and 104 puisne judges. In addition, the Court has three full-time and 17 part-time Sitting Justices of the Peace (i.e. Traffic Commissioners); 28 part-time Presiding Justices of the Peace; as well as a complement of Fee and Non-Presiding Justices of the Peace.



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