Traffic court in Alberta will cease to exist on Feb. 1, with a new online dispute system legal experts are warning is a violation of rights for alleged violators.--NEWS FILE PHOTO
kking@medicinehatnews.com
Traffic court will no longer exist in Alberta beginning Feb. 1, and legal experts are warning the result will be increased cash flow to the provincial government and reduced likelihood of drivers having traffic violation accusations reduced or dismissed.
“The new legislation is the Provincial Administrative Penalties Act (and Justice Transformation Initiative),” Ken Montgomery, a court agent and paralegal at Power Loney told the News. “What the idea is, is to get rid of traffic court … The way it works now is (a paralegal or lawyer) could represent you and go to the Crown to present your argument. The Crown could say ‘I agree’ and throw out the charge (or) reduce the fine – there’s a multitude of things they could do.”
“Under the new system if you get (a traffic ticket), you now have seven days to file a notice you want it reviewed. It’s not a not-guilty plea; it’s a review. There’s a fee that goes in line with that. If the ticket is $299 or less, then you pay a non-refundable fee of $50. If it’s over $299, then you pay $150; that’s whether you win or lose,” said Montgomery.
“What’s really interesting, you don’t go in front of a judge; it’s an adjudicator. (Adjudicators) don’t have the power to amend the charge or reduce the fine,” Montgomery said. “All they can do is say the charge stays or it gets thrown out.”
Judges are schooled in law and independently appointed to the position. Adjudicators are not required to have legal training and are appointed by the government. This, Montgomery says, will work against alleged traffic violators as they will no longer appear in court, instead they will submit a written account to the adjudicator, who will then compare it to the attending officer’s report. The adjudicator will make a decision after reviewing both statements.
“You think we’re going to have some sort of fair hearing but it’s not a fair hearing if you can’t cross-examine your accusers,” said Montgomery. “It’s just a way to get rid of traffic court and make money … (When) the government gets rid of traffic court, they don’t have to pay a commissioner, they don’t have to pay the prosecutor, adjudicators are a lot cheaper to hire and you can charge all these excess fees.”
The provincial government attributed the legislative changes to a backlog in traffic court, however Montgomery believes if the aim of the legislative changes was solely to reduce backlog, there were other options.
“The backlog that happens in traffic court (occurs when) people that tick off the box on the ticket saying they want to fight it and plead not guilty,” he said. “A lot of those are going to be thrown out because the accused doesn’t show up. So, they’re convicted in absence.
“I’ve always said … if you plead not guilty and don’t show up for court there should be an administrative fine there,” said Montgomery. “You make money and you get rid of the backlog problem overnight.”
Montgomery believes the government is using the new legislation to both cut costs and bring in non-refundable fees.
“It definitely is a cash cow by the fact you pay a fee to not have a day in court,” he said. “This takes away your right to due process. This is contrary to the Charter. To say you’re guilty arbitrarily and not have the right to contest it, that’s not fair and that’s not the Canadian way.”
Medicine Hat police, who will be enforcing the new legislation, understand concerns from legal professionals and drivers, but ask the public to be open to the changes.
“This is a new system so the government has decided to go forth with this system and they’re going to try it and see how it works,” Sgt. Darren Holeha of the Medicine Hat Police Services Traffic Unit told the News. “If they realize that there is some problems with it, I’m sure some changes can be made, but it’s like anything else; unless you try something new … you don’t know if it’s going to work or not.
“Here at the Medicine Hat Police Service we definitely hope that it will work and we hope that both sides will get out of it what they hope and it will be a fair and equitable process for everyone.”
Montgomery doesn’t hold the police responsible for the legislative changes, but is concerned about the impact the new ticketing system will have, particularly on those who drive commercially or don’t have quick access to the funds necessary to either pay the ticket or contest it.
“Let’s say you’re a long-haul trucker going down to the States on Friday night on the long weekend, what do you do? Let’s say you’re an immigrant to Canada who has a hard time with the language, what do you do? What if you don’t have $150 extra within seven days to file your notice of application, what do you do?”
