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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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