Crown council is just as frustrated as anyone else in the increase in crime and some of the sentences criminals are receiving.
That is what Jeff Morrison, chief crown prosecutor, told town council during their regular meeting on Tuesday, Nov. 10.
Morrison works out of the Alberta Crown Prosecutor’s office in Fort Saskatchewan. The office is responsible for covering a wide area from 200 kilometres east and 300 kilometres north of Edmonton and includes six circuit courts, including Barrhead.
Barrhead RCMP detachment commander Bob Dodds arranged Morrison’s visit, after he told council during his quarterly council report to council on July 14, how frustrated he was after a person the Barrhead RCMP detachment arrested facing 90 charges in the Barrhead and Edmonton area, was released with time served after reaching a plea agreement with the chief crown prosecutor.
Morrison said the case was an unfortunate incident that happened due to a set of unforeseen circumstances.
“We were short staffed, with people being away for holidays so we had to borrow a crown from another office, and I think the replacement crown prosecutor didn’t understand the complexities of the file,” he said. “So an unfortunate matter happened and we asked for a sentence less than what we usually would have asked for.”
Morrison then started to tell council about some of the challenges the RCMP and the crown prosecutor’s office deal with on a daily basis.
“Over the last few years we have seen an increase in local crime encroaching 100 per cent,” he said, adding the Barrhead region isn’t alone. “Many of the neighbouring communities have seen a similar jump.”
The reason for the increase, according to Morrison, is Crystal Meth.
Even though the police and the prosecutor’s office have seen a dramatic increase in the number of files they have to deal with, Morrison said the justice system, as a whole, haven’t been given any extra resources.
The one exception being one extra court day a month being added in Barrhead for trials, adding it gets rid of some of the backlogs the court was experiencing as well as reducing lead times.
Morrison explained lead time as being the time from when the matter has been set for trial until the trial happens. Since Barrhead has received the extra court day the amount of lead time has been cut down from 12 months to four months.
“Of course we could use more,” he said, adding the court system and the prosecutor’s office is like any government department. “Tell me a government agency which doesn’t need more resources, but we are trying to do the best we can.”
Morrison said having short lead times is important for a number of reasons, one of them being if it takes too long for an accused person to get to trial the charges may be dismissed.
“The Supreme Court has said if lead times are excessive they are going to throw out the charges,” he said. “The other problem is that the longer people have to wait for trial the longer innocent people, and we must presume people are innocent, may have to sit with that jeopardy over their head.”
Having long waits for trials also affects the prosecutor’s office ability to successfully convict a person.
“The longer the lead time the more difficult it becomes to get witnesses to come forward to testify,” Morrison said. “People may have moved on or forgotten the incident.”
The reason, Morrison says why lead times in Barrhead have been reduced, in large part, is due to the relationship his office has developed with the RCMP.
“We’re working so much better, as institutions. We have been able to take a real bite in our lead times despite the large increase in the crime rate,” he said. “There is a firewall between us, and there has to be, but we work together very carefully whenever possible and it has made a real difference.”
Mayor Gerry St. Pierre said what concerns him and council most is when they hear stories about incidences where people have 60 to 70 serious convictions against them, but are still ‘allowed to wander the streets.’
“Because some day, something serious is going to happen in our little quiet community,” he said.
Morrison shares council’s concern.
“I couldn’t agree more and I share your concerns,” he said. “The final decision most of the time is made by a justice, whether it be a local judge or a justice at Court of Queens Bench in Edmonton. All we can do is present evidence and reasons why we would like to see a person detained.”
