Edmonton Journal

Costly hearings questioned

Only serious cases warrant court’s time: justice minister

- KEITH GEREIN AND RYAN CORMIER kgerein@edmontonjo­urnal. com

Alberta Justice Minister Jonathan Denis wants an end to preliminar­y hearings in all but the most serious criminal cases, suggesting they are a waste of the court’s time and money.

“Our position is that preliminar­y inquiries should only be available in the most serious cases, such as murder,” he said Thursday. “I’m concerned with whether it’s an efficient use of the court’s time and I’m also concerned whether it may have the inadverten­t effect of victimizin­g some victims and families twice. We always have to have victims’ concerns top of mind in these cases.”

Denis said he raised the issue earlier this week in Regina during a meeting of federal and province justice ministers. He said many of his counterpar­ts showed support for the idea, particular­ly federal Minister of Public Safety Vic Toews.

Denis said the original intent of preliminar­y inquiries was to give the defence an opportunit­y to hear the Crown’s evidence. But such hearings may now be unnecessar­y since the justice system has mandatory disclosure in place, which compels prosecutor­s to reveal their evidence to the accused in advance of court proceeding­s, he said.

Defence lawyers met the idea with disdain.

“This is nothing more than a rush to justice and an attack on citizens’ constituti­onal right to full answer and defence,” said D’Arcy Depoe, president of the Criminal Trial Lawyers’ Associatio­n.

Depoe said that while disclosure is important, it doesn’t measure up to what can be revealed in-person at a preliminar­y hearing where a one-page written statement can turn into hours of detailed evidence. “There’s no better way to test a witness’s credibilit­y than getting them to tell the same story twice,” he said.

Defence lawyer Tom Engel said the only possible benefit of skipping most preliminar­y hearings is to save the government money. Preliminar­y hearings are a “procedural safeguard,” Engel said, and disclosure from prosecutor­s can often be delayed.

Recently, a mistrial was declared in a case that saw accused killer Travis Vader convicted of eight unrelated drug and firearms offences after it was learned that full disclosure was not given to his defence. Two witness statements were not provided to defence before Vader was convicted on the charges.

Alberta courts heard about 1,000 preliminar­y inquiries last year, about a quarter of which were for drug-related cases.

“Even if we were only able to eliminate the preliminar­y inquiries for drug offences, that’s a significan­t savings of the court’s time, which is a significan­t savings of money,” Denis said.

Other issues discussed included installing mandatory minimum sentences for drivers with a blood-alcohol level above .08 who cause bodily harm or death.

“When people often see these people who have killed or maimed somebody getting off with a very low sentence, I think it brings the administra­tion of justice into disrepute,” Denis said, adding that the federal government agreed to study the issue.

 ??  ?? Tom Engel
Tom Engel

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