Seven-day window makes justice unavailable
By Lethbridge Herald on February 17, 2022.
Editor:
Re: Legislative changes affecting traffic court.
I write to you as a legal professional with experience in criminal and quasi-criminal litigation of more than 50 years. I am concerned about the proposed legislative changes to traffic tickets contemplated by our provincial government.
It is conceded that traffic court has taken a significant hit to efficiency during the times of COVID-19. However, attempts to improve efficiency at the cost of a denial of justice is disheartening, unethical and a breach of section 11(d) of the Charter of Rights and Freedoms to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal.
Requiring persons who exercise their right to trial to pay a non-refundable fee to exercise this right is ludicrous. The persons most affected by these changes represent a marginalized group who would not be able to afford the fee. Additionally, this fee is only for the opportunity of an administrative hearing and is not refunded should the hearing outcome be favourable to the disputant. It presents a system that requires a financial deposit to achieve justice.
Those who can afford, will do so without difficulty. It is those who cannot afford who are deserving of the full protection of the law when faced against the insurmountable opponent of the state.
Reducing the time limit to dispute a traffic ticket to seven days is a bad faith action deliberately targeted to ensure many individuals will be unable to have their day in court on a technicality.
In seven days, the Alberta government expects individuals to request disclosure, consult with a legal professional, and provide funding for either legal counsel, the dispute fee, or both. It would be absurd if an individual charged with a criminal offence had seven days to determine if their matter should go to trial. While the risk of deprivation of liberty may be reduced in a traffic matter, it may not be in the case of an individual who could not pay a fine. Additionally, there may be collateral consequences that are not readily apparent within seven days which could be equally detrimental to a disputant.
Justice delayed may be justice denied but a limited seven-day window for dispute translates to justice unavailable.
Alberta ought not dilute the protections of our Charter for the sake of bureaucratic efficiency.
Michael Dietrich
Lethbridge
13-12
Hear! Hear! Thank you, Michael Dietrich.
wow, we are back onside, imo lol
thank you m.d for a great letter. i expect, however, that as the issue gets bounced along the “law” will pass due to the practice of interpreting our charter of rights and freedoms as a charter of limits and privileges.
It’s no secret these Reformers are only interested in taking away everyone’s rights, including kicking out the RCMP to create a police state controlled by Jason Kenney and this is just part of it.