The provincial government has delayed a plan that will effectively eliminate traffic court, citing court backlogs as the problem. But do such backlogs exist in Medicine Hat?-NEWS FILE PHOTO
kking@medicinehatnews.com
In a statement announcing a 90-120-day pause on Phase Two of SafeRoads Alberta – a policy which, when implemented, will result in the abolition of traffic court – the provincial government cited “significant backlogs” in the traffic court system as reasoning behind the policy. The News reached out to sources on both sides of the debate to better understand if and how Medicine Hat is affected.
“Alberta’s court system is facing a significant backlog. Quite simply, that means serious criminals are getting back onto the streets because the courts are bogged down with traffic issues,” the Jan. 27 statement read. “Our SafeRoads program builds on the steps Alberta’s government has already taken to combat rising crime rates, especially in rural Alberta, and fix a backlogged court system.”
Government data from the past three years shows small fluctuations in the number of traffic tickets issued. Throughout the 2018/2019 fiscal year there were a total of 38,534 tickets issued; in the 2019/2020 year 40,001; and most recently in 2020/2021, there were 29,832 tickets issued.
In terms of legal proceedings, between 53 per cent and 56 per cent of tickets were paid before an appearance date was set for the given years; between 42 per cent and 44 per cent of traffic violation tickets resulted in a ‘convicted in absence’ ruling; and less than three per cent of traffic violation cases in Medicine Hat go to trial.
A representative from the Provincial Court of Alberta stated they were unable to provide comment about what these numbers signify in terms of traffic court backlogs, as the parameters which define ‘backlog’ are too ambiguous.
Local court agent and paralegal, Ken Montgomery, doesn’t believe backlogs exist to the extent they have been portrayed by the government.
“If they’re trying to say that’s overwhelming for southeastern Alberta – if we have the same problems as the rest of the province – then I can’t see what they’re talking about,” Montgomery told the News.
Montgomery believes any backlogs which might exist in the province’s traffic courts, could be eliminated through policy changes, rather than an outright elimination of court proceedings.
“The main issue would be those people who plead not-guilty and don’t show up,” Montgomery said. “Once you plead not guilty, it’s assumed you’re going to have a trail. So, it’s the Crown’s duty to prepare for trial. So, now they’ve got to call their witnesses … But then (if the accused) doesn’t show up for trial, they’re convicted in absence and you’re witnesses are now sent home, so it’s a waste of time.
“My position is that particular part of the problem could be easily addressed (by) changing the legislation so you have the right to plead not-guilty – which I still maintain everybody does – but in the event you do not show up for trial or notify the Crown in advance with a proper excuse, then you get assessed costs,” said Montgomery. “If you did that and word got around, the problem would be eliminated and would save money (for the courts and police).”
Currently, Medicine Hat’s judicial district extends from the Saskatchewan and Montana borders and services Medicine Hat, Redcliff, Brooks, Bassano and Bow Island.
