Author: Scott Kurie | Kurie Moore Law Group

Understanding the Youth Criminal Justice Act in Alberta

Leave a commentJuly 13, 2024July 13, 2024 By Scott Kurie

Navigating the intricacies of the Youth Criminal Justice Act (YCJA) in Alberta can be challenging, but understanding its key components is essential for anyone involved with youth justice. The YCJA governs the youth justice system in Canada, specifically for individuals between the ages of 12 and 18. This legislation aims to balance accountability and rehabilitation, ensuring that young offenders receive appropriate legal responses while also focusing on their potential for reintegration into society.

The YCJA replaced the Young Offenders Act (YOA) in 2012 and is the third statute addressing youth justice in Canada. In Alberta, provincial laws complement the YCJA by addressing offences related to municipal by-laws and other provincial regulations. Engaging with this legal framework requires a comprehensive grasp of how provincial and federal laws intersect and impact young individuals charged with offences.

At Kurie Moore Law Group in Sherwood Park, we are dedicated to providing expert guidance and legal support to families navigating the complexities of the YCJA. Whether you are a concerned parent or a young individual facing legal challenges, our expertise ensures that you receive informed, compassionate, and effective representation tailored to the unique circumstances of youth justice cases in Alberta.

Historical Context and Principles of the YCJA

The Youth Criminal Justice Act (YCJA) replaced the Young Offenders Act, bringing significant changes to youth justice in Canada. The YCJA focuses on accountability, rehabilitation, and addressing the root causes of criminal behavior among youth.

Evolution from the Young Offenders Act to the YCJA

The Young Offenders Act (YOA) governed youth justice in Canada before being replaced in 2003 by the YCJA. The YOA was criticized for not addressing the unique needs of youth and for being overly punitive.

In removing YOA, the YCJA was introduced as a more progressive piece of legislation. It aims to balance legal responsibility with the developmental needs of young people.

Significant amendments in 2012 further strengthened the YCJA, especially in handling violent and repeat offenders. This reform underscores Canada’s commitment to a distinct and appropriate justice system for youth.

Key Principles Underlying the YCJA

The YCJA is underpinned by several core principles meant to guide the treatment of young offenders. The primary principle is protecting the public by holding youth accountable and promoting their rehabilitation and reintegration.

The act emphasizes that the youth justice system must be separate from the adult system, recognizing that young persons require different approaches. It also stresses the importance of addressing the root causes of criminal behavior to prevent crime effectively.

The principles reflect a balance between protecting the community and offering young offenders opportunities for positive change, making the system both corrective and preventative.

Procedures and Participant Roles

Understanding the procedures and roles of participants in the Youth Criminal Justice Act (YCJA) is crucial for navigating the legal landscape in Alberta. Each participant plays a vital role in ensuring that youth justice is fair and balanced.

Role of the Police in the Youth Justice System

Police officers are often the first point of contact in the youth justice process. Their responsibilities include investigating alleged criminal offences committed by youths aged 12 to 17 and deciding whether to charge the young person.

In many situations, police may use extrajudicial measures such as warnings or referrals to community programs instead of laying charges. This is to promote rehabilitation and diversion from the court system.

When charges are necessary, officers must follow specific procedures to ensure the legal rights of the young person are respected. These include providing proper notification to parents or guardians and ensuring the youth understands their rights, including the right to legal counsel.

Youth Courts and the Role of Judges

Youth Courts handle cases involving young persons who are charged with criminal offences under the YCJA. Judges in these courts have specialized knowledge and training to deal with youth offenders.

Their role includes interpreting the law, determining guilt or innocence, and deciding on appropriate sentences. Judges aim for sentences that are fair and proportional, promoting rehabilitation while holding the young person accountable for their actions.

Judges must also ensure that the proceedings are adapted to the needs of young offenders. This may involve considering factors such as the youth’s age, maturity, and individual circumstances when making rulings.

Legal Representation and the Role of Lawyers

Lawyers play a critical role in representing young persons in court. Each youth has the right to legal representation, which ensures that their rights are protected throughout the judicial process.

Defense lawyers provide legal advice, represent the youth in court, and work towards achieving the best possible outcome for their clients. They may negotiate with Crown Prosecutors to seek alternatives to formal court proceedings, such as restorative justice programs.

Access to a competent lawyer ensures that the youth’s case is presented effectively, considering all relevant laws and precedents. This legal support is fundamental in helping youth navigate the complexities of the justice system.

Crown Prosecutor and Defense Lawyers’ Responsibilities

Crown Prosecutors represent the state and are responsible for proving the guilt of the accused youth beyond a reasonable doubt. Their duties include presenting evidence, questioning witnesses, and making submissions to the court.

They must also ensure that the prosecution process is fair and just. This means considering alternatives to prosecution, such as diversion programs, if they align with the principles of the YCJA.

Defense lawyers, on the other hand, are tasked with defending their clients’ rights and interests. They provide a counterbalance to the prosecution, ensuring that the youth’s perspective is adequately represented.

Both roles are essential in maintaining a balanced and effective youth justice system. The interaction between Crown Prosecutors and Defense Lawyers helps ensure that the proceedings are conducted fairly, and that the youth offender’s rights are safeguarded.

Sentencing and Rehabilitation

When addressing youth offenders in Alberta, understanding how the sentencing process works alongside rehabilitation efforts is crucial. Sentencing aims to hold young individuals accountable for their actions while prioritizing their rehabilitation and reintegration back into the community.

Understanding Youth Sentences

Sentencing for youth in Alberta follows the guidelines of the Youth Criminal Justice Act (YCJA). Youth sentences consider the individual’s age, the severity of the offense, and factors such as their rehabilitation potential. Sentences range from reprimands to custody but must take into account the principles of fairness, proportionality, and the specific needs of youth.

Importantly, youth under 18 cannot serve sentences in adult prisons, ensuring they are placed in youth-specific facilities where they can receive appropriate support. Mandatory imprisonment is less common but can be applied in severe cases, ensuring a balance between justice and the opportunity for effective rehabilitation.

Rehabilitation and Reintegration into Community

Rehabilitation is a key focus of the YCJA, emphasizing that youth should be given opportunities to reform and rebuild their lives. Programs and interventions are designed to address the underlying causes of offending behavior, such as family issues, substance abuse, or lack of education.

Community-based programs, counseling, and support services work together to facilitate the successful reintegration of youth offenders. This approach not only benefits the individual but also contributes to community safety and overall crime prevention.

Reintegration efforts involve collaboration between the justice system, community organizations, and the families of youth offenders to ensure they receive the necessary support and supervision to make positive changes.

By prioritizing these elements, the system aims to reduce recidivism and foster a constructive path forward for young individuals.

Rights and Records of Youth Offenders

In Alberta, youth offenders have specific rights and protections under the Youth Criminal Justice Act (YCJA). These legal safeguards are designed to balance accountability with the potential for rehabilitation, ensuring young offenders are treated fairly while maintaining public safety.

Protections of the Youth in Legal Processes

The YCJA ensures that the identities of youth offenders are kept confidential. This means that any records, including police, court, or social services documents, are safeguarded against unauthorized access. Publishing any information that could identify a young person involved in the criminal justice system is strictly prohibited.

Youth records differ significantly from adult criminal records. They provide details of the legal processes and outcomes that a youth has faced, and these records are treated with a higher level of privacy. This protects young persons from the long-term stigma that can arise from early encounters with the law.

Youth offenders have the right to counsel and must be informed of this right promptly. Legal representation is crucial to ensuring that young offenders understand the charges and consequences they face, as well as their options within the legal system.

In cases involving violent offences or serious repeat offenders, the YCJA outlines stricter penalties to ensure public safety while still providing avenues for rehabilitation and reintegration into society.

Ensuring that the rights of youth are respected within the legal process not only upholds the principles of justice but also fosters a more just and equitable society. The balanced approach of the YCJA aims to address the needs of young offenders while protecting the community at large.

Conclusion

At Kurie Moore Law Group, we understand the complexities and nuances of the Youth Criminal Justice Act in Alberta. Our experienced team is dedicated to guiding families and young individuals through the legal processes with compassion and expertise. We prioritize protecting the rights of youth offenders while advocating for fair and proportionate outcomes that balance accountability with opportunities for rehabilitation and positive reintegration into society.

Navigating the youth justice system can be challenging, but with our firm by your side, you can feel confident that your case is in capable hands. Our attorneys are well-versed in the provincial and federal laws governing youth criminal matters, ensuring that every legal avenue is explored to achieve the best possible resolution. We are committed to providing comprehensive support, from initial consultations to courtroom representation and post-sentencing guidance.

What Happens If You Don’t Pay Child Support in Alberta: Legal Consequences Explained

Leave a commentJune 14, 2024June 14, 2024 By Scott Kurie

Paying child support is a critical responsibility for parents in Alberta. Failure to pay child support can lead to severe consequences, including legal and financial penalties. In Alberta, the Maintenance Enforcement Program (MEP) takes an active role in ensuring support payments are made on time. This program has the authority to enforce payment through various methods that can significantly impact your daily life.

If you fall behind on child support payments, not only could your driver’s license be suspended, but you might also face passport denial. These enforcement measures can restrict your travel and mobility, making it difficult to maintain employment if your job requires travel. Additionally, non-payment can lead to wage garnishment, tax refund interception, and even imprisonment.

Given these potential repercussions, it’s imperative to seek legal advice if you find yourself unable to meet your child support obligations. Consulting with experienced family law professionals, such as those at Kurie Moore Law Group, can help you navigate adjustments or modifications to your payment arrangement, ensuring you fulfill your responsibilities while safeguarding your rights.

Key Takeaways

Failure to pay child support in Alberta leads to severe legal consequences.
Non-payment can result in wage garnishment and travel restrictions.
Seeking legal advice is crucial for modifying support payments.

Understanding Child Support in Alberta

Child support in Alberta is designed to ensure that children receive adequate financial support from both parents post-separation or divorce. This support covers basic living expenses and, if necessary, additional extraordinary costs.

Legal Framework and Obligations

The legal framework governing child support in Alberta is established under the Family Law Act and the Divorce Act. Child support guidelines provide the basis for calculating payments, considering both the income of the paying parent and the needs of the child. A support order issued by the court mandates the financial contributions required from a parent.

Enforcement is critical to ensure compliance. The Department of Justice and Justice Canada oversee this through various mechanisms, including wage garnishment and suspension of passports. If a parent fails to meet their obligations, they risk legal penalties, such as fines or jail time, which highlights the importance of adhering to the court’s orders.

Calculating Child Support Payments

Payments are determined using the Federal Child Support Guidelines, which specify the amount based on the paying parent’s income and the number of children. This standardized approach ensures fairness and consistency. Alongside basic child support, courts might assign additional payments for extraordinary expenses like medical care or educational needs.

The calculations also account for the financial situation of both parents. The court may consider factors such as annual earnings, bonuses, and other sources of income. Legal representation can significantly aid in navigating these calculations and ensuring that the child support order reflects the needs and circumstances accurately.

Consequences of Non-Payment

If you fail to pay child support in Alberta, there are significant consequences that can affect various aspects of your life. Authorities can initiate strict enforcement measures, and the accumulation of arrears can have legal repercussions.

Enforcement Measures in Alberta

In Alberta, child support enforcements are primarily handled by the Alberta Maintenance Enforcement Program (MEP). If you miss payments, MEP can garnish wages, directly taking funds from your paycheck. They can also redirect federal payments such as employment insurance benefits and federal pension benefits to cover the owed amount.

Furthermore, MEP has the authority to freeze bank accounts or place a lien on the property. Other enforcement actions might include suspending your passport and driver’s licenses. These actions are legal mechanisms to ensure compliance with court orders. Persistent non-payment can even lead to jail time as a last-resort measure.

Legal Implications of Arrears

Arrears refer to the past due child support amounts that remain unpaid. Accumulating arrears can have serious legal ramifications. The court may issue a judgement against you for the overdue amounts, severely affecting your financial standing. Your credit rating may also take a hit, impacting your ability to secure loans or mortgages.

MEP will utilize various enforcement tactics to recover owed child support, including garnishing funds from your bank accounts or seizing property. Additionally, non-payment can result in added legal fees and interest on arrears, exacerbating the financial burden. Maintaining compliance with the support orders and handling arrears proactively can help avoid these legal consequences.

When dealing with child support issues, it’s crucial to understand your obligations and the potential severe impacts that non-payment can create in Alberta.

Navigating Changes and Dispute Resolution

If your situation changes or you face disputes regarding child support in Alberta, understanding the processes for modifying support payments and utilizing mediation can be critical. Both modification and mediation offer pathways to resolve conflicts and reach fair agreements.

Modification of Support Payments

When your circumstances change, you might need to modify your child support payments. Changes in income, shifts in parenting arrangements, or the child reaching the age of majority can necessitate adjustments.

To start, you must file a claim at the same court where the original order was issued. This ensures that the modification is legally recognized.

The Role of Mediation and Negotiation

Mediation and negotiation play a crucial role in resolving child support disputes. Engaging in mediation can help parents avoid the adversarial nature of court actions.

Mediation services in Alberta are designed to be accessible, even if no court action has started. They offer a platform where both parties can negotiate terms with professional guidance.

The Family Mediation Services in Alberta are free for qualifying families. Utilizing these services can lead to a legally enforceable agreement without the need for prolonged court procedures.

Navigating these processes with the help of a lawyer from a specialized firm like Kurie Moore Law Group can ensure your interests and those of your child are fully represented and protected. Contact us today to learn how we can help.

All You Need to Know About Traveling Abroad from Alberta as Divorced Parent

Leave a commentMay 16, 2024May 16, 2024 By Scott Kurie

Navigating the complexities of international travel as a divorced parent from Alberta necessitates a careful understanding of legal requirements and thorough preparation. When you plan a trip abroad with your children, it’s essential to communicate with your ex-partner about the travel plans. Canadian law encourages cooperation and transparency, especially regarding decisions that affect your children’s wellbeing. This includes ensuring you have the appropriate documentation, such as a travel consent letter, which is crucial for cross-border travel with children, to avoid difficulties at immigration checkpoints.

In addition to dialogue with your former spouse, it’s important to check if there are specific requisites from the country you plan to visit. This can include entry permits or parental authorization forms that differ from those provided by Canadian authorities. If you find yourself facing disagreement from your ex-partner regarding travel, legal assistance might be necessary. Expertise in family law, such as that offered by the Kurie Moore Law Group, can be indispensable for understanding your rights and for facilitating a resolution that allows your travel plans to proceed smoothly.

Every situation is unique, and depending on your custody agreement, there may be predefined conditions about international travel with your children. Your agreement might have clauses that outline the notification period and consent requirements if these trips were anticipated during your divorce proceedings. If your custody documents do not provide clear directions for international travel, or new circumstances have arisen since they were drafted, you should consider consulting with a legal professional. They can help review and, if needed, modify the agreement to include terms that support your family’s current and future travel needs.

Understanding Legal Implications Of International Travel

When traveling abroad from Alberta, it’s crucial to comprehend the legal intricacies that govern international travel as a divorced parent. This includes recognizing your custody situation and being aware of measures to prevent international child abduction.

Identifying Your Custody Status

Understanding your custody status is a foundational step before international travel. You should review your divorce decree alongside any custody agreements or court orders. Legal custody defines your decision-making power

over your child, while physical custody pertains to where the child resides. It’s imperative to ascertain whether you have sole, joint, or full custody. Consulting with a lawyer who specializes in family law can provide clarity if your situation is complex.

In cases where you have sole legal custody, you may not require the other parent’s authorization to travel abroad with your child. However, possessing joint legal custody necessitates consent from both parents. Always carry a consent letter signed by the other parent or a court order granting permission to travel, as this may be demanded by immigration authorities. This document should detail the travel dates, destination, and contact information.

Preventing International Child Abduction

The risk of international child abduction is a serious consideration. If there are concerns about abduction, it’s crucial to take preventive measures. The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty that provides a legal framework to expedite the return of a child who has been internationally abducted by a parent. If you suspect that your child is at risk, you must contact a lawyer immediately and explore possible legal actions.

To further mitigate risks, stay informed about the entry and exit requirements of your destination country, which might involve presenting specific documents or following particular procedures upon arrival and departure. Ensure that your child’s travel companions are trustworthy and have no intention of violating custody agreements. Alerting your country’s border services about your concerns can also contribute to your child’s safety during travel.

Pre-Travel Formalities And Documentation

When preparing for international travel from Alberta as a divorced parent, it’s essential to gather and prepare all necessary documentation and understand the consent requirements for children travelling abroad. This will ensure a smooth and compliant departure from Canada.

Obtaining Necessary Documentation

Passports: Securing a valid Canadian passport is your first step. Keep in mind that many countries require your passport to be valid for at least six months beyond your date of return. For your children, ensure their passports are updated and accessible.

Visas: Depending on your destination, you might need to obtain a visa. Check the travel advisories and entry and exit requirements for your destination on the Government of Canada’s website to confirm visa needs and processes.

Custody Documentation: If you’re a divorced parent, bring a copy of the custody order. This document should be notarized to verify its authenticity.

Birth and Death Certificates: Carry a birth certificate for each child travelling with you. If applicable, a death certificate for a deceased parent may also be requested.

Document Type	Additional Notes
Passport	Ensure validity for 6+ months after return. Check Canada’s travel site for specific advice.
Visa	Confirm requirements for destination.
Custody Order	Must be notarized; clarifies custody arrangements.
Birth Certificate	For proof of parentage.
Death Certificate	If applicable, for a deceased parent.

Consent Requirements For Children Travelling Abroad

Consent Letter: A consent letter is recommended by the Government of Canada for children travelling abroad. It provides proof that a child has permission to travel abroad from parents not accompanying them on the trip. The letter should be notarized, meaning it’s signed in front of a notary public who confirms the signatures.

Notarization: Having a notary public witness the signing of travel documents and consent letters adds a layer of verification. Kurie Moore Law Group can provide notarization services.

Parenting Agreement: If your parenting agreement includes specific travel provisions, make sure to follow them closely and bring a notarized copy.

It’s wise to review your itinerary with the most updated travel advice and advisories issued by the Government of Canada to understand the legal and safety landscape of your destination country. This will ensure your due diligence in meeting both Canadian and international travel standards.

Communication And Coordination

Effective communication and coordination are crucial when you’re a divorced parent planning to travel abroad from Alberta. It involves obtaining the proper consents and engaging with legal experts if disputes arise.

Getting Consent From The Other Parent

As a divorced parent, you have the responsibility to inform and obtain consent from your ex-spouse before traveling internationally with your child. Consent is typically required when only one parent is accompanying the child, to respect the:

Custody arrangements: Ensure travel plans align with custody agreements and parenting time.
Parent’s rights: Recognize and adhere to the non-accompanying parent’s rights and access to the child.

The consent should be explicit and in writing. Here’s a basic structure for obtaining consent:

Discuss travel plans: Open a dialogue with the other parent explaining the reasons for travel, destinations, and duration.
Draft written consent: Once agreed, draft a written consent that outlines the details of the trip.
Notarization: To add legal weight, get the consent letter notarized. This will confirm the authenticity of the document for authorities.

If the other parent is unreasonably withholding consent, or if complications arise, you may need to consult a legal professional.

Engage With Legal Professionals If Necessary

If you’re facing difficulties in obtaining the necessary consent, or if there’s a disagreement about the travel:

Seek legal advice: Contact a family lawyer at Kurie Moore Law Group to understand your rights and options.
Family court intervention: A lawyer can guide you through the process of approaching the family court to secure the right to travel.
Uphold the agreement: Ensure that any court-mediated agreement is closely followed to prevent future legal complications.

Remember: Legal intervention is a last resort and it’s essential to attempt all reasonable means of communication and negotiation before pursuing this path.

Practical Tips For Traveling Abroad With Children

When planning to travel abroad with children, especially from Alberta as a divorced parent, give extra attention to the travel documents required and the understanding of protocols that ensure a smooth journey.

Planning Your Itinerary And Stay

Itinerary: Carefully organize your travel schedule to accommodate the needs and comfort of your children. Ensure that relative and friend contacts are integrated into your plans for ease of communication and support. When flying, it’s advisable to inform airline agents of your situation; they can offer assistance, such as family boarding privileges.

Guardianship: Bring documentation proving custody or guardianship status. In cases of shared custody, carry a letter of consent from the other parent for the children’s temporary care and travel abroad.
Accompanying person: If someone other than you, like relatives or friends, is accompanying your children, provide a signed and dated letter of authorization.

Stay: Choose accommodations that are family-friendly and secure. Focus on places known to be safe from crime and accommodating to the needs of Canadian children.

Frequently Asked Questions

Traveling internationally with your child as a divorced parent from Alberta involves specific legal requirements. It’s essential to understand the necessary documentation to avoid any complications.

What documentation is required for a divorced parent to travel internationally with their child from Alberta?

You are advised to carry your child’s passport, your own passport, a copy of your divorce decree, and the child’s birth certificate. If you have custody or shared custody, carry the relevant court orders to demonstrate your legal right to travel with the child.

How do I obtain a travel consent letter for my child in Canada if I’m a divorced parent?

A travel consent letter should be drafted stating that the non-traveling parent or legal guardian gives permission for the child to travel abroad. Obtain the letter well in advance from a legal professional to ensure it meets all regulatory requirements.

Is it mandatory for a divorced parent to carry a notarized letter of consent when traveling abroad with a child from Alberta?

While not always mandatory, it is strongly recommended to carry a notarized letter of consent from the non-traveling parent. This document may be requested by immigration authorities to prevent child abduction.

What are the legal requirements for a divorced parent taking their child out of the country from Alberta?

Legal requirements include having a valid passport for both you and your child, a notarized travel consent letter if you are the sole guardian or have the legal right to take the child abroad. Check with the specific country’s embassy for additional requirements as they can vary.

How can a divorced parent ensure compliance with international travel regulations for minors traveling with one parent?

To ensure compliance, consult with a legal expert at Kurie Moore Law Group to understand any updates to travel regulations. They can guide you in obtaining all necessary documents that meet the criteria of both Canadian authorities and foreign countries.

What steps should be taken if the other parent is not available to give consent for a child’s international travel from Alberta?

If the other parent is not available to provide consent, it is essential to seek legal advice. In some cases, court orders may permit travel without the other parent’s consent. A professional at Kurie Moore Law Group can assist in these specific circumstances to determine the best course of action

Understanding the Roadmap to Divorce in Alberta

Leave a commentApril 14, 2024April 14, 2024 By Scott Kurie

In Alberta, Canada, the Divorce Act governs the circumstances under which you may obtain a divorce. The Act outlines one fundamental cause for divorce: the breakdown of the marriage. This can be established in one of three ways: through evidence of separation, adultery, or cruelty. To meet the criteria for separation, you and your spouse must have lived apart for at least one year. This is typically the most common grounds cited due to its clear and objective nature.

If you’re seeking a divorce based on adultery or cruelty, these reasons are less straightforward and require proof which can sometimes complicate the divorce process. However, it is important to understand that the choice of grounds for divorce may influence the proceedings, particularly related to the timeline and the level of evidence required. Your residence in Alberta also plays a role; you or your spouse must have lived in the province for a minimum of one year before filing your legal paperwork. This requirement ensures that the Alberta courts have the jurisdiction to manage your case.

Legal Requirements for Divorce in Alberta

At Kurie Moore Law Group, we understand the complexities involved in equitably dividing property and assets during a divorce. In Alberta, the principles dictate that assets accumulated over the course of the marriage should be shared fairly between spouses.

This includes the matrimonial home, bank accounts, pensions, and the increased value of assets brought into the marriage. However, exceptions may apply to assets like gifts, inheritances, or pre-marital property, which may not be subject to equal division.

When pursuing a divorce in Alberta, it is crucial to understand the legal prerequisites set forth by the Divorce Act. These requirements ensure that the process adheres to federal and provincial laws.

Residency and Grounds for Divorce

To file for divorce in Alberta, you or your spouse must have been a resident in the province for at least one year before the filing of a Statement of Claim for Divorce. Under the Divorce Act, the only accepted ground for divorce is marital breakdown, which can be proven in three ways: separation, adultery, and cruelty.

Separation as a Ground for Divorce

If you are considering separation as a ground for divorce, you and your spouse must live apart for at least 12 months prior to the initiation of divorce proceedings. It’s important to note that periods of reconciliation that do not surpass 90 days do not reset the 12-month timeframe.

Duration of Separation: At least 12 months
Reconciliation Periods: Up to 90 days (without resetting separation period)

Fault-Based Grounds: Adultery and Cruelty

Beyond separation, there are two fault-based grounds recognized by the Divorce Act. If you are filing for divorce on these grounds, there is no mandatory separation period required.

Adultery: You can file for divorce if your spouse has committed adultery, and you have not forgiven or condoned the behavior.
Cruelty: If your spouse has subjected you to physical or mental cruelty of a kind that renders continued cohabitation intolerable, it may constitute grounds for divorce.

The Divorce Process

When pursuing a divorce in Alberta, you must navigate through a legal process that involves filing paperwork, deciding on the type of divorce, and considering reconciliation.

This requires meeting the legal prerequisites set forth by the Divorce Act to ensure adherence to federal and provincial laws. Criteria such as living separately for at least one year or proving marital breakdown must be met.

Filing the Statement of Claim for Divorce

To initiate your divorce, you must file a Statement of Claim for Divorce with the court. This document identifies the grounds for divorce and is the formal beginning to the legal process. You, as the “plaintiff,” will submit this form at your local courthouse, and your spouse will be the “defendant.”

Uncontested Versus Contested Divorce

Uncontested Divorce: If both parties agree on all terms of the divorce, including spousal support, property division, and child custody, the process is considered uncontested. This can make for a smoother and often quicker process.
Contested Divorce: If one party disputes any terms, the divorce is contested. Contested divorces usually require more extensive legal representation from a family lawyer and can lead to court proceedings to resolve the issues.

Reconciliation and Mediation Efforts

Before finalizing the divorce, you are encouraged to explore the possibility of reconciliation. If there’s a chance of reconciling, mediation can be a valuable tool to resolve outstanding issues without court intervention. A family lawyer can guide you through mediation efforts and help you understand your legal options.

Financial and Parental Considerations

When considering a divorce in Alberta, it is essential to understand the implications related to financial obligations and the care of children.

Child and spousal support are determined based on guidelines and circumstances of the marriage, while custody and access, as well as the division of property and assets, are subject to legal frameworks aiming to protect the rights and welfare of all involved parties.

Child and Spousal Support

Child support is mandatory and calculated according to federal guidelines, considering your income and the number of children requiring support. In Alberta, this financial support continues until the child is 18, or 22 if they are full-time students. Spousal support, on the other hand, may be stipulated based on the length of the marriage, roles during the marriage, and the financial means of the spouses. Both types of support aim to mitigate financial disparities post-divorce.

Custody and Access to Children

Custody determines who has the responsibility for making significant decisions regarding the children’s welfare, including education, healthcare, and religion. Custody can be joint or sole, based on the best interests of the children. Access refers to how non-custodial parents can spend time with their children. This includes the right to inquire about the children’s health, education, and wellbeing.

Division of Property and Assets

The division of matrimonial property in Alberta follows the principles that the assets accumulated during the marriage should be shared fairly. Marital assets, such as the matrimonial home, bank accounts, and pensions, are subject to division. However, there are exceptions, including gifts, inheritance, or assets brought into the marriage, which may not be divided equally. In most cases, you’ll equally divide the increase in the value of these assets during the time of your marriage.

Accessing Legal Advice and Representation

Our experienced divorce lawyers specialize in family law and can provide tailored legal guidance to protect your interests. We aim to reach fair settlements through negotiation when possible, while preparing thoroughly for litigation if needed.

Kurie Moore Law Group is committed to supporting our clients through the division of property and assets, ensuring their rights are upheld with expertise and compassion. Contact us for a consultation on your unique situation.

An Overview of Common Criminal Charges in Alberta: Understanding Penalties and Legal Outcomes

Leave a commentMarch 15, 2024March 15, 2024 By Scott Kurie

In Alberta, navigating the complexities of the criminal justice system can be a demanding task. As a leading law firm well-versed in the province’s legal landscape, we at Kurie Moore Law Group understand that being informed about potential criminal charges and their associated penalties is crucial for our clients. Our province’s legal system adjudicates various offences ranging from minor infractions to serious crimes, each carrying its own legal ramifications.

Criminal charges in Alberta are generally categorized under the Criminal Code of Canada into three main types: summary conviction offences, indictable offences, and hybrid offences. Summary conviction offences are the least serious, usually resulting in smaller fines and shorter, if any, jail sentences. Indictable offences are more severe and can result in more significant penalties. Hybrid offences, on the other hand, can be prosecuted as either summary or indictable, giving prosecutors discretion based on the case’s circumstances.

Our role as legal practitioners is to offer a comprehensive overview of these charges, meticulously outlining what each entails and the penalties that might follow upon conviction. From cases of harassment that may accompany other charges like assault or mischief, to the nuances of assault charges and punishments, we remain committed to guiding our clients through their legal journey with expertise and a keen attention to their rights and best interests.

Types of Criminal Offences

In Alberta, criminal charges are segmented into three distinct categories based on the severity of the alleged offence. The Canadian Criminal Code defines these as Summary Conviction Offences, Indictable Offences, and Hybrid Offences. Each category carries its own set of potential penalties.

Summary Conviction Offences

Summary Conviction Offences are considered to be less serious in nature. If charged, individuals face a justice process that is often quicker due to the offence’s lower severity. Examples include but are not limited to, petty theft and mischief. Under the Criminal Code, these offences may result in a maximum penalty of up to 2 years less a day in prison and/or a fine up to $5,000. Trials for such offences typically take place in the Provincial Court of Alberta.

Indictable Offences

On the other hand, we classify Indictable Offences as more serious. These crimes, such as robbery or aggravated assault, can lead to more significant sentences. The proceedings for an indictable offence are more complex, and defendants have the choice of trial by judge alone or judge and jury, depending on the offence. Penalties vary greatly, with some charges carrying potential life sentences.

Hybrid Offences

Lastly, there are Hybrid Offences, which are unique in that the Crown prosecutor can decide to proceed either summarily or by indictment based on factors like the circumstances of the alleged crime and the defendant’s prior record. This dual nature means that these offences can range broadly in severity and consequent punishment—as minor as a summary conviction or as severe as an indictable offence. Common examples include assault and driving under the influence (DUI).

Legal Proceedings in Criminal Cases

In Alberta, the legal proceedings for criminal cases encompass a structured journey from arrest to potential sentencing. Our expertise guides clients through each phase, safeguarding their rights and ensuring justice is fairly administered.

Arrest and Charges

When a peace officer believes an individual has committed an offense, they may perform an arrest. We ensure our clients understand their rights from the moment of arrest, such as the right to remain silent and to consult with a lawyer. Criminal charges are then formally presented in a court setting, where the accused will be afforded the opportunity for a fair trial.

Bail Hearing and Release

Following an arrest, the accused may be entitled to a bail hearing. We advocate for the release of our clients, often negotiating the terms of bail. The conditions set forth during this hearing must be strictly adhered to prevent any complications with the administration of justice.

Plea and Trial Process

Entering a plea is a critical step in the legal process. Our defence lawyers work closely with clients, providing clear options and potential outcomes. Should the case proceed to trial, we meticulously prepare and deliver strong representation, both at trial and throughout pre-trial proceedings.

Sentencing and Punishments

If a conviction occurs, the sentencing phase follows. We strive to present our clients’ circumstances compellingly, aiming for proportionate and just punishments. The impact of a criminal record is profound, thus we carefully explore all avenues that might lead to rehabilitation and, where applicable, alternative measures to incarceration.

Potential Criminal Penalties

In Alberta, the potential criminal penalties can vary widely, depending on the nature and severity of the offence. As a professional law firm, we understand that navigating the criminal justice system can be daunting, and it’s important to have a clear understanding of the types of penalties that can be imposed.

Fines and Restitution

In cases of non-compliance with employment standards or less serious criminal offenses, monetary penalties are common. Fines are calculated based on the severity and the duration of the offence, with some daily penalties not exceeding $10,000. Moreover, courts may order offenders to pay restitution to victims as compensation for loss, damage, or injury resulting from the crime.

Probation and Community Service

For certain offenses, particularly where there is no significant bodily harm, courts may consider probation and community service as a part of sentencing. Probation allows an offender to remain in their community under supervision, and it often includes conditions that must be fulfilled, such as attending counselling or performing community service.

Imprisonment and Parole

Serious offenses, especially those involving bodily harm, can result in imprisonment. The length of imprisonment varies and is contingent upon the type of offense and its severity. After serving part of their sentence, an offender may be eligible for parole, a system of conditional release that provides opportunities for rehabilitation and reintegration into society.

Conditional Discharge

In certain situations, where it is deemed appropriate by the court, an offender may receive a conditional discharge. This means that they will not be convicted of an offense provided they meet specific conditions set by the court. If these conditions are successfully met, the charge is ultimately dismissed after a period of time. This outcome aims to incentivize rehabilitation and recognizes when incarceration may not be the most productive form of punishment.

Common Criminal Defences

In representing our clients at Kurie Moore Law Group, we carefully examine all possible defenses to ensure the best possible outcome. Understanding the nuances of these defenses is crucial in the criminal justice system.

Self-Defence and Defence of Another

When we discuss self-defence or defence of another, we refer to cases where the accused person had to use reasonable force to protect themselves or another individual from an aggressor. The Criminal Code of Canada lays out specific conditions under which one can lawfully claim self-defence. This includes the belief that force is necessary to prevent personal harm or death, and that the amount of force used was reasonable under the circumstances.

Consent and Mistake of Fact

In certain situations, consent can be a viable defence, particularly in cases involving potential assault charges. However, the consent must be informed, voluntary, and given by a party with the capacity to do so. A mistake of fact can also be raised as a defence if we can establish that our client had a reasonable belief in a misperceived set of facts which negates the mens rea or intent to commit the crime.

Alibi and Identity

An alibi serves as evidence that our client was elsewhere when the alleged crime occurred, making it impossible for them to be the perpetrator. In cases of mistaken identity, we may also challenge the actus reus, the actual act of committing the crime, presenting evidence that our client was not the one who committed the offence in question. We work to provide clear supporting evidence for such claims to strengthen our client’s case.

Frequently Asked Questions

In this section, we provide clear and accurate answers to some common questions regarding criminal charges in Alberta, offering insights into the distinctions between offence types and the potential penalties they carry.

What are the distinctions between summary, indictable, and hybrid offences in Canada?

There are three categories of offences under the Criminal Code of Canada: summary conviction offences, indictable offences, and hybrid offences. Summary conviction offences are less serious and carry lighter penalties, while indictable offences are more serious with potentially more severe consequences. Hybrid offences can be prosecuted as either summary conviction or indictable offences, depending on the circumstances of the case.

What is the typical range of penalties for assault charges in Alberta?

The penalties for assault charges in Alberta can vary. Simple assault falls under summary conviction offences with a potential penalty of a fine up to $5,000 or six months in jail or both. More serious assault charges, such as aggravated assault, can carry penalties of up to 14 years of imprisonment due to their indictable nature.

How long is an individual likely to serve in prison for a two-year sentence in Canada?

In Canada, the actual time served in prison can be less than the sentence handed down by the court, due to credit for time served in pre-trial custody or eligibility for parole. For a two-year sentence, an individual could be eligible for parole after serving one-third of the sentence or after six months, whichever is longer.

What are the maximum fines and penalties associated with summary conviction offences in Alberta?

Maximum fines for summary conviction offences in Alberta are generally $5,000. However, some specific offences may have different maximum penalties as prescribed by the Criminal Code or other relevant statutes. It’s important to consult the specific offence for precise penalty information.

What constitutes an appearance notice in Alberta, and what are its legal implications?

An appearance notice is issued to an individual instructing them to appear in court at a certain date and time. It is typically given for less serious offences where arrest is not deemed necessary. Not complying with an appearance notice can result in further legal ramifications, including additional charges.

Can you provide a comprehensive list of criminal offences and their corresponding sentences under the Criminal Code of Canada?

We cannot provide a complete list because the Criminal Code contains a vast range of offences, each with its own legal nuances and sentencing ranges. Sentences are guided by statutory maximums and minimums, judicial discretion, and the specific details of the offence. For accurate information, you should consult the Criminal Code of Canada or a legal expert.

Navigating Adoption in Alberta: A Comprehensive Guide

Leave a commentFebruary 14, 2024February 15, 2024 By Scott Kurie

Adoption is a life-changing journey that offers hope and new beginnings to both children in need and prospective parents. In Alberta, Canada, navigating the adoption process requires a thorough understanding of the various types and regulations involved. Whether you’re considering adopting within Alberta, from another province, or internationally, being well-informed is essential. As a resident, you will encounter specific procedures and legal requirements that provide a framework for making the process as smooth as possible.

Prospective adoptive parents must be prepared for a multifaceted process that includes extensive paperwork, education sessions, and assessments. The Alberta government, in conjunction with accredited adoption agencies, ensures that the best interests of the child are always the top priority. Thus, they offer numerous support services and resources to assist adoptive families before, during, and after adoption. Understanding these resources can provide invaluable support and guidance throughout your adoption journey.

Key Takeaways

The adoption process in Alberta encompasses understanding legal frameworks and procedural requirements.
Preparation for adoption involves education, assessments, and navigation of extensive paperwork.
Provincial support services are available to assist adoptive families in Alberta before, during, and after the adoption process.

Understanding Adoption in Alberta

Adoption in Alberta is a profound legal and emotional journey, offering the opportunity to create or expand your family while providing a loving home to a child in need. It’s a transformative process where prospective parents assume the immense responsibility and joy of nurturing a child who may not share their biological ties.

Understanding the eligibility criteria is crucial as it ensures that prospective adoptive parents are prepared for the responsibilities ahead and capable of providing a stable and nurturing environment for the child. These criteria typically include factors such as age, marital status, financial stability, and the ability to provide a safe and supportive home environment.

Eligibility and Legal Requirements

To be eligible for adoption in Alberta, you must be a resident of the province. You and any other adults in your household will undergo assessments to ensure domestic stability and suitability to be adoptive parents or guardians. The process includes thorough background checks and home studies.

Age Requirements:

At least one of the adoptive parents must be 18 years of age or older.

Residency Requirements:

Must be an Alberta resident.

Consent:

Consent is a foundational aspect of the adoption process in Alberta. Biological parents or legal guardians must provide consent for the adoption unless rights are terminated by the court.

Adult Adoption and Step-Parent Adoption:

Adult adoptions: You can also adopt individuals over the age of 18 if consent is provided.
Step-parent adoptions: As a step-parent, you can adopt your spouse’s child with the necessary consents.

Types of Adoption

In Alberta, you can pursue several types of adoption, each with its specific service process and guidelines.

Domestic Adoption:

Adoption can occur within the province, and adoptive families are matched with children.

International Adoption:

Involves adopting a child from another country, which requires adhering to both Alberta’s legal criteria and the respective international laws.

Public and Private Adoption:

Public adoptions are facilitated by the government or delegated agencies.
Private adoptions are coordinated by licensed agencies or legal professionals, such as the Kurie Moore Law Group.

When considering adoption, you should consult with a reputable legal service specializing in family law to ensure that you fulfill all court and legal requirements throughout your adoption journey.

The Adoption Process

Successfully navigating the adoption process in Alberta is a journey marked by several well-defined stages, each demanding meticulous attention to detail and the engagement of accredited institutions to ensure compliance with legal and ethical standards.

The initial stage involves thorough preparation and assessment of prospective adoptive parents. This typically includes completing an application, undergoing background checks, providing references, and attending pre-adoption training sessions. These steps are crucial for evaluating the suitability of prospective parents and preparing them for the responsibilities of adoption.

Application and Assessment

Before adopting a child in Alberta, you must submit an application to a licensed adoption agency. This application includes various supporting documents that evidence your suitability to adopt. Upon acceptance, a home study report is conducted to assess your living environment and readiness for parenting.

Documents required may include:
- Personal identification
- Background checks
- Financial statements

Adoption Placement

Once the home study is approved, the adoption placement phase begins. This can occur through a private adoption or a direct placement, depending on your circumstances.

Private adoption: Initiated through a licensed agency, it pairs you with birth parents looking to place their child for adoption.
Direct placement: Happens when you adopt a child known to you, which could be a relative or a child of someone in your network.

Finalization in Court

The last phase is the finalization in court, where the adoption order is legally granted by the Court of King’s Bench. You must file the necessary legal paperwork with the court clerk and pay the required filing fee. Typically, a process server will serve the papers to all relevant parties.

Steps involved in the court process:
- Submission of the adoption order application
- Arrangement for a hearing date
- Attendance at the hearing, where the judge finalizes the adoption

Completion of these steps results in the full legal adoption of the child.

Support and Resources

When you consider adoption in Alberta, ensure you’re aware of the various support and resources available to assist you throughout the process, from financial aids to post-adoption services.

Financial Assistance

Adopting a child requires financial planning. You may be eligible for the Alberta Child and Family Benefit, which provides direct financial support to families with children. Additionally, the Canada Child Benefit and Canada Child Disability Benefit present further opportunities for monetary assistance. If you’re taking time off work, Canada Employment Insurance – Parental Benefits could help ease the financial strain.

It’s pivotal to understand these programs:

Alberta Child and Family Benefit: Assists lower to middle-income families.
Canada Child Benefit: A tax-free monthly payment for eligible families.
Canada Child Disability Benefit: For families caring for a child with a severe and prolonged impairment.
Canada Employment Insurance – Parental Benefits: Provides up to 55% of earnings for up to 35 weeks.

Consult with professionals, like those at Kurie Moore Law Group, for legal advice on eligibility and the application process.

Post-Adoption Support

After adoption, a network of support services stands ready to assist your family’s transition. Children and Family Services and the Child and Youth Permanency Council of Canada offer resources and guidance for adoptive parents.

Key supports include:

Adoption counselors.
Support groups for you, children, and biological family.
Legal assistance for adoptee rights and access to information.

Access to the International Adoption Clinic is beneficial for families adopting from abroad, highlighting the spectrum of resources tailored to diverse adoption scenarios.

Special Considerations in Adoption

When opting to grow your family through adoption, there are various pathways that you can follow, each with its unique set of requirements and considerations. Knowing these will help you navigate the process smoothly and ensure that your journey towards adoption aligns with Alberta’s legal framework.

Intercountry Adoptions

If you’re considering an intercountry adoption, it’s essential to be aware that this process is quite expensive and entails adhering to both Canadian and international laws. As a Canadian citizen seeking to adopt from abroad, you must:

Comply with the Hague Adoption Convention.
Complete a thorough criminal record check.
Work with an Alberta licensed international adoption agency.

Internationally adopted children might have special needs, and your preparation for addressing these should be documented in your adoption package.

Adoption by Relatives

Adopting a child within your family presents its unique considerations. The biological parents, especially the biological father, must consent to the adoption unless their rights have been legally terminated. In cities like Edmonton and Calgary, you can consult local authorities or adoption agencies for guidance on preparing the necessary adoption profiles.

Adopting a Stepchild or Adult

If you’re a step parent aiming to adopt your stepchild or an adult, the process is generally less complex. The adoption solidifies an existing parental role and can be initiated by filing the appropriate paperwork with the assistance of a lawyer from the Kurie Moore Law Group. While the criminal record check is still mandatory, other components, such as home studies, might be waived. Adult adoptees must simply consent to the adoption, ensuring all parties are in agreement.

At Kurie Moore Law Group, our experienced family law team can assist you in adopting a child, step-child, or an adult child, in the Province of Alberta. Contact our offices today.

Common Divorce Mistakes to Avoid in Alberta: Navigating Separation with Care

Leave a commentJanuary 14, 2024January 14, 2024 By Scott Kurie

Navigating the complexities of divorce in Alberta requires a careful approach to avoid common pitfalls that can lead to long-term repercussions. Whether you’re dealing with the equitable distribution of property or issues surrounding common-law partnerships, understanding the nuances of local laws is crucial. Alberta’s legal system may pose unique challenges, and cohabitating couples might find the landscape especially intricate, as the rights and obligations may differ from married spouses.

The financial aspects of a divorce are often where most mistakes are made. It’s essential to have a clear understanding of both parties’ rights, particularly in the division of assets and debts.

Without proper guidance, you might overlook important financial considerations that could impact your post-divorce life. It is equally important to manage your expectations and be prepared for the realities of the legal process, which can be more complex and less predictable than commonly assumed.

Key Takeaways

Understanding Alberta’s divorce laws helps in navigating the process effectively.
Financial considerations are crucial in a fair distribution of assets and debts.
Strategic preparation can mitigate common pitfalls in divorce proceedings.

Understanding Divorce Law in Alberta

Navigating divorce in Alberta requires an understanding of the specific laws and procedures that govern the process. Below are the crucial areas you need to know about.

Grounds for Divorce and Legal Procedures

In Alberta, the grounds for divorce are outlined in the Divorce Act. You can file for divorce on the basis that your marriage has broken down due to:

Adultery
Cruelty
Separation for over one year

To start a divorce, a Statement of Claim for Divorce must be filed. An uncontested divorce can proceed when both parties agree on major issues. In a contested divorce, where there is no agreement, it may be necessary to attend a hearing. Seeking legal advice from a divorce lawyer or considering mediation can be crucial to understanding your rights and options.

Property and Asset Division

Under the Family Property Act (formerly the Matrimonial Property Act), property and asset division in Alberta is based on the principle of equitable distribution. Marital assets are typically divided equally, while exempt property acquired before the marriage may not be subdivided. It’s essential to consult with a divorce lawyer to ensure a fair settlement is reached, especially in complex situations involving significant assets or debts.

Child Custody and Parenting

When children are involved, decisions regarding custody and parenting are paramount. The best interests of the children take priority, and professional guidance can help in formulating a suitable parenting plan. Both you and your estranged spouse may need to complete a Parenting After Separation course. Child support will also need to be determined, ensuring the financial stability for the upbringing of your children.

In all these matters, it’s advisable to seek professional help from a law firm like Kurie Moore Law Group based in Sherwood Park, to guide you through each step of the process, ensuring your rights and interests are protected.

Financial Considerations in Divorce

Navigating through the division of assets and managing finances during a divorce can be daunting. Attention to detail is key in dealing with both child and spousal support matters, as well as in managing finances and legal fees efficiently.

Child and Spousal Support Matters

Family Law Court Edmonton

When going through a divorce, it is critical to understand that support payments are a significant component. Child support is designed to provide for the children’s needs and is based on established federal guidelines.

In Alberta, spousal support may also be granted to ensure an equitable standard of living for both parties. Matters around support can be complex, and the Kurie Moore Law Group can guide you through the intricacies of corollary relief matters including child and spousal support.

Determine child support obligations based on the Federal Child Support Guidelines.
Understand that spousal support amounts can vary significantly based on length of the marriage, incomes, and the roles during the marriage.
Know that in Calgary, and Alberta as a whole, both types of support are enforceable by law and can have serious implications if not properly managed.

Managing Finances and Legal Fees

The financial implications of a divorce extend beyond support payments to include division of property and legal fees. Engaging in proactive financial disclosure and negotiations can aid in achieving a fair settlement.

Be prepared for the financial realities of legal fees. Seek a clear understanding of all fees and costs associated with your case from the Kurie Moore Law Group.
Engage in open and honest financial disclosure as an integral part of property division and settlement negotiations.
Understand that the process and cost can vary if your case is settled through negotiations as opposed to going to court.
Recognize that even though dividing assets can be contentious, thorough documentation and the assistance of legal professionals can help protect your financial interests post-divorce.

The Importance of Sound Legal Advice

When facing divorce, seeking sound legal advice from a professional divorce lawyer is one of the most crucial steps you can take. For residents in Sherwood Park, the expertise of the Kurie Moore Law Group provides crucial guidance through the intricacies of divorce law, helping you avoid the potential pitfalls that come with handling adultery, physical or mental cruelty, and evidence. A clear understanding of your rights and obligations, such as those related to access to children and property division, can protect your interests in court. Always remember, having seasoned legal advice ensures informed decisions throughout the litigation process.

Strategies for Minimizing Conflict

To reduce conflict during divorce:

Prioritize collaboration and mediation over confrontation.
Develop a plan that emphasizes shared goals and the well-being of involved children.
Communicate openly yet respectfully, being willing to listen and compromise.

Addressing these areas proactively helps maintain a focus on mutually beneficial resolutions and can often result in a more amicable divorce process. The courts tend to view a willingness to work together favorably, which can influence the outcome of your case. Engaging strategies that foster dialogue, rather than escalate tensions, paves the way for a smoother transition into the next chapter of your life.

Frequently Asked Questions

In the process of a divorce, understanding the legal procedures and recognizing common pitfalls can be crucial. These FAQs provide specific information pertaining to divorce proceedings in Alberta.

What steps should be taken to properly serve divorce papers in Alberta?

To serve divorce papers in Alberta, you must follow the proper legal protocol, which includes having a third party, who is not involved in the case, deliver the documents to your spouse. The server must then complete an Affidavit of Service, which you need to file with the court.

How does one file a Statement of Claim for Divorce in Alberta?

To file a Statement of Claim for Divorce, complete the document with the required information, including grounds for divorce and arrangement proposals. File it with the appropriate court in Alberta, and ensure a copy is served to your spouse following legal service guidelines.

What are the implications of adultery on divorce settlements in Alberta?

In Alberta, adultery may impact divorce settlements, but it is not a guarantee of favor and often does not significantly alter the distribution of assets. Divorce in Canada is predominantly no-fault, which means the reason for the divorce typically does not affect the outcome of the settlement.

How are assets and property owned before marriage treated in the event of a divorce in Alberta?

Property and assets owned prior to marriage are generally considered exempt and not subject to division if you can provide proof of ownership. However, any increase in value during the marriage may be subject to division.

Who qualifies for spousal support in Alberta, and what are the determining factors?

You qualify for spousal support in Alberta if there is a financial need and an inability to support yourself following the divorce. The court takes into consideration the length of marriage, roles during the marriage, and current and future earning capacity when determining spousal support.

Can living in the same house count as being legally separated in Alberta, and what are the considerations?

Living in the same house can count as legally separated in Alberta, provided you are living independent lives without appearing as a couple. This includes separate bank accounts and living spaces. The date of separation is relevant for divorce proceedings and can influence the division of assets and spousal support.

How to Protect Your Rights and Interests If You Are Accused of Impaired Driving in Alberta

Leave a commentDecember 14, 2023December 14, 2023 By Scott Kurie

Being accused of impaired driving in Alberta is a significant legal issue that can carry severe consequences under the Traffic Safety Act and the Criminal Code of Canada. Knowing how to navigate the implications of such an accusation is crucial in order to safeguard your personal and legal interests. Individuals facing such charges must have a clear understanding of the laws and potential penalties, as Alberta enforces immediate roadside sanctions for drivers found to be under the influence of alcohol or drugs, as well as additional criminal charges that can be imposed by the court.

Police DUI Checkpoint Alberta When accused of impaired driving, one must act promptly and judiciously to protect their rights. This involves a thorough assessment of the situation and securing legal representation. Experienced defense lawyers in Alberta are equipped to scrutinize the details of the impaired driving charge, including the process followed during one’s arrest and the gathering of evidence. It’s essential for those accused to remain informed about their legal options and participate actively in their defense strategy to challenge the allegations effectively.

Understanding Impaired Driving Laws in Alberta

In Alberta, impaired driving laws are strict and the consequences can be severe. It is important for individuals to understand the specifics of these laws, including the definition of impaired driving, legal BAC limits, and the penalties that can ensue.

Definition of Impaired Driving

Impaired driving in Alberta is defined as operating a vehicle while one’s ability to do so is compromised by alcohol, drugs, or a combination of both. The law covers not only prescription and illegal drugs but also over-the-counter medications that may affect driving abilities.

Legal Blood Alcohol Content (BAC) Limits

The legal BAC limit in Alberta for fully licensed drivers is under 0.08%. Drivers who are found to have a BAC between 0.05% and 0.079% can also face provincial sanctions. For new drivers under the Graduated Driver Licensing (GDL) program, a zero tolerance policy is in effect, which means their BAC must be 0.00%.

Penalties for Impaired Driving

Impaired driving penalties in Alberta can include immediate license suspensions, vehicle seizures, fines, and mandatory participation in an ignition interlock program. Specifically, drivers may face an immediate 30-day license suspension and a 7-day vehicle seizure. On top of a $200 fine, there is an additional victim fine surcharge. Subsequent offenses result in harsher penalties.

Protecting Your Rights After Accusation

When accused of impaired driving in Alberta, it is critical to act promptly and understand your legal rights. Doing so can significantly affect the outcome of your case.

Immediate Steps to Take Following an Accusation

The moments after an accusation of impaired driving are crucial. Firstly, if stopped by law enforcement, one should comply with the immediate lawful demands, such as providing a driver’s license and proof of insurance. Secondly, it’s important to be aware of your right to silence; you are not required to provide information that may incriminate you.

Do not refuse to provide a breath or blood sample: If the police have reasonable grounds to believe that you are impaired by alcohol or drugs, they can demand that you provide a breath or blood sample for analysis. If you refuse to do so, you can be charged with refusal, which carries the same penalties as impaired driving. Moreover, refusing to provide a sample can make your defense more difficult, as the court may infer that you were impaired and that you refused to avoid detection.

Lastly, document everything that occurred leading up to, during, and after the arrest, as these details might be pertinent to your defense.

Seeking Legal Assistance

Do not plead guilty or accept a deal without consulting a lawyer: If you are charged with impaired driving, you may be tempted to plead guilty or accept a deal from the prosecution to avoid a trial and get a reduced sentence. However, this can have serious and lasting consequences for your life, such as losing your license, getting a criminal record, and facing higher insurance rates. Before you make any decision, you should consult a lawyer who can advise you on the best course of action for your case. A lawyer can also help you negotiate a better deal or apply for a diversion program, such as the Alternative Measures Program (AMP) or the Impaired Driver Program (IDP), which may allow you to avoid a conviction or a criminal record.

Navigating the Court Process

Understanding the court process is a critical part of defending against an impaired driving accusation. One should be informed about the timeline of court proceedings, bail conditions if applicable, and any required appearances. Legal counsel will be able to guide an accused through pre-trial motions and the trial itself, ensuring the preservation of legal rights and a fair trial. Proper preparation and understanding of court procedures can contribute to a more favorable defense strategy.

Our Approach to Impaired Driving Charges

At Kurie Moore Law Group, we take a comprehensive approach to defending impaired driving charges. Our experienced lawyers will review the evidence against you and use their expertise to build a strong defense strategy. We understand the importance of keeping you informed throughout the legal process and will work closely with you to ensure you understand your options and make informed decisions.

Our team of lawyers has a proven track record of success defending clients against impaired driving charges. We will use our knowledge and experience to fight for the best possible outcome for you.

Don’t wait until it’s too late. Contact our office today for a free consultation with one of our impaired driving lawyers. Let us help you get your life back on track.

How to Prepare for Family Court in Edmonton: A Comprehensive Guide

Leave a commentNovember 14, 2023November 14, 2023 By Scott Kurie

Preparing for family court in Edmonton can be a daunting task, especially if you are not familiar with the legal system. Whether you are representing yourself or have a lawyer, it is important to be well-prepared for your court appearance. This article will provide you with some tips on how to prepare for family court in Edmonton.

The first step in preparing for family court is to understand the legal process. Familiarize yourself with the family law rules and procedures that apply to your case. You can find this information on the Alberta Courts website or by consulting with a family law lawyer. Understanding the legal process will help you feel more confident and prepared when you go to court.

Another important step is to gather all the necessary documents and evidence to support your case. This includes financial documents, emails, text messages, photographs, and any other relevant information. Make sure you organize your documents in a clear and concise manner so that you can easily refer to them during your court appearance. Having all your documents in order will also help you present a strong case to the judge.

Understanding Family Court in Edmonton

Overview of Family Court

Family court in Edmonton is a specialized court that deals with family law issues. The court is part of the Court of Queen’s Bench of Alberta and is responsible for handling matters related to divorce, child custody, child support, spousal support, and property division.

The family court system in Edmonton is designed to be accessible and user-friendly. The court provides a range of services to help individuals navigate the legal process, including information sessions, mediation services, and court forms. The court also has a virtual remote family docket that allows individuals to attend court proceedings remotely.

Areas of Family Law

Family law is a broad area of law that covers a range of issues related to family relationships. Some of the most common areas of family law include:

Divorce: Divorce is the legal process of ending a marriage. In Edmonton, there are three grounds for divorce: living separate and apart for at least one year, adultery, and physical or mental cruelty.
Child custody: Child custody refers to the legal and physical care of a child. In Edmonton, the court considers the best interests of the child when making custody decisions.
Child support: Child support is the financial support provided by a parent to help cover the costs of raising a child. In Edmonton, child support is calculated based on the income of the paying parent and the number of children being supported.
Spousal support: Spousal support is the financial support provided by one spouse to the other after a separation or divorce. In Edmonton, spousal support is calculated based on a number of factors, including the length of the marriage and the income of each spouse.

Family Law Legislation and Resources

Family law in Edmonton is governed by the Family Law Act and other provincial and federal legislation. The Family Law Act sets out the legal rights and obligations of spouses and children in family law matters.

There are a number of resources available to individuals who are navigating the family court system in Edmonton. These resources include:

Court forms: The Court of Queen’s Bench of Alberta provides a range of court forms that can be used in family law matters.
Family Justice Services: Family Justice Services provides information, mediation, and other services to help individuals resolve family law disputes.
Legal Aid: Legal Aid provides legal assistance to individuals who cannot afford a lawyer.

It is important to note that family law matters can be complex and emotionally challenging. If you are involved in a family law matter, it is recommended that you seek the advice of a qualified family law lawyer.

Preparation for Family Court

Preparing for family court can be a daunting task, but with the right knowledge and preparation, you can feel more confident and prepared. In this section, we will cover three important aspects of preparing for family court: self-representation, court etiquette, and preparation for court.

Self-Representation

If you are representing yourself in family court, it is important to be well-informed about court procedures and the law. You can find helpful resources online, such as the Alberta Courts website, which provides information on family law legislation and resources. You may also want to consider seeking legal advice or assistance from a family law lawyer or legal clinic.

Court Etiquette

When appearing in court, it is important to be respectful and professional. Dress appropriately, arrive on time, and turn off your phone or other electronic devices. Address the judge as “Your Honor” and refer to other parties by their last name. Avoid interrupting others while they are speaking and wait for your turn to speak.

Preparation for Court

Before your court appearance, make sure you have all necessary documents and evidence organized and ready to present. This may include financial documents, parenting plans, and any other relevant information. Be prepared to answer questions and provide evidence to support your case. It may also be helpful to practice your presentation and anticipate potential questions or objections.

In summary, preparing for family court requires knowledge of court procedures and the law, as well as respect and professionalism while in court. With proper preparation and organization, you can feel more confident and prepared for your court appearance.

Court Proceedings and Alternatives

If you are preparing for family court in Edmonton, it is important to understand the trial and hearing procedures, as well as alternatives to court that may be available to you.

Trial and Hearing Procedures

During a family court trial or hearing, evidence will be presented and witnesses may be called to testify. It is important to prepare your evidence in advance and to have a clear understanding of the rules of evidence. You may also need to prepare for cross-examination by the opposing party.

In addition, it is important to understand the procedures for filing documents and making submissions to the court. You may need to complete a Notice to Attend Family Docket and a filing request form to schedule a matter into Family Docket Court.

Alternative Dispute Resolution

Alternative dispute resolution (ADR) is a process for resolving disputes outside of court. ADR can be less expensive and less time-consuming than going to court. ADR options include mediation, arbitration, and collaborative law.

Family Mediation

Family mediation is a form of ADR that involves a neutral third party who helps the parties reach a mutually acceptable agreement. Mediation can be particularly useful in family law cases, as it can help parties maintain a positive relationship and avoid the stress and expense of going to court.

If you are considering family mediation, it is important to choose a mediator who is experienced in family law and who has a good reputation in the community. You should also prepare for mediation by identifying your goals and interests and by gathering relevant information and documents.

Overall, it is important to understand the court proceedings and alternatives to court that may be available to you when preparing for family court in Edmonton. By being knowledgeable about your options, you can make informed decisions and work towards a resolution that meets your needs and the needs of your family.

Post Court Proceedings

After your family court case has been resolved, there may be additional proceedings that you need to be aware of. Here are a few important things to keep in mind:

Maintenance Enforcement

If you were awarded child or spousal support, it is important to make sure that the other party is actually paying what they owe. If they are not, you can contact the Maintenance Enforcement Program (MEP) for assistance. MEP can take steps to enforce the court order and collect the money owed to you. You can find more information about MEP on the Alberta.ca website.

Parenting After Separation

If you have children, it is important to continue to prioritize their well-being after your court case is over. The Parenting After Separation (PAS) program can help you and your co-parent learn how to work together effectively and make decisions that are in your children’s best interests. The program is available online and in-person, and you can find more information on the Alberta.ca website.

Remember that even though your court case is over, you may still need to work with your co-parent to make decisions about your children. It is important to communicate effectively and keep your children’s needs in mind.

Child Custody

If your case involved child custody, it is important to understand the terms of the custody arrangement and make sure that you are complying with the court order. If you have any questions about your custody arrangement, you can contact a family law lawyer or the court for assistance.

Parenting

If your case involved parenting arrangements, it is important to continue to follow the terms of the court order and work with your co-parent to make decisions about your children. If you have any questions or concerns about your parenting arrangement, you can contact a family law lawyer or the court for assistance.

Remember that the most important thing is to prioritize your children’s well-being and work together with your co-parent to make decisions that are in their best interests.

Frequently Asked Questions

What are the necessary forms to fill out for family court in Edmonton?

To file for a family court case in Edmonton, you will need to fill out a Notice to Attend Family Docket Court form. You will also need to complete a filing request form. These forms can be found on the Alberta Courts website. It is important to make sure that you fill out these forms correctly and completely, as incomplete or incorrect forms can cause delays in your case.

How can I prepare myself emotionally for family court in Edmonton?

Going to family court can be a stressful and emotional experience. It is important to take care of yourself emotionally during this time. Consider seeking support from family and friends, or a professional counsellor. You may also find it helpful to practice self-care techniques, such as meditation or exercise, to help manage stress and anxiety.

What factors are considered when determining child custody in Alberta?

When determining child custody in Alberta, the court considers a number of factors, including the child’s best interests, the child’s relationship with each parent, and each parent’s ability to provide for the child’s physical, emotional, and educational needs. The court may also consider the child’s wishes, if the child is old enough to express a preference.

What are the steps in the family court process in Alberta?

The family court process in Alberta typically involves several steps. First, you will need to file your case and attend Family Docket Court. If your case is not resolved at Family Docket Court, you may need to attend a Case Management Meeting and/or a Judicial Dispute Resolution session. If your case still cannot be resolved, it may proceed to a trial.

What are the benefits of using family justice services in Edmonton?

Family justice services in Edmonton can provide a number of benefits, including access to information and resources about the family court process, assistance with completing court forms, and support for resolving family disputes outside of court. Family justice services can also provide referrals to other community resources, such as counselling services.

Is it recommended to have a lawyer for family court in Alberta?

While it is not required to have a lawyer for family court in Alberta, it may be beneficial to seek legal advice, especially if your case is complex or involves significant issues such as child custody or property division. A lawyer can provide guidance on the legal process, help you understand your rights and obligations, and represent you in court if necessary.

At Kurie Moore Law Group in Sherwood Park, our experienced family law lawyers are dedicated to assisting clients with a wide range of family law matters. We understand the complexities of Alberta’s legal landscape and are committed to providing personalized and effective legal solutions. Whether you’re facing a divorce, child custody dispute, or property division issues, our team is here to help.

Drug Offenses and Legal Rights in Alberta: What You Need to Know

Leave a commentOctober 13, 2023October 13, 2023 By Scott Kurie

If you are facing drug charges in Alberta, it is important to understand your legal rights. Drug offenses can carry severe penalties, including fines and imprisonment, and can have long-lasting consequences on your personal and professional life. Knowing your rights and understanding the legal process can help you make informed decisions and protect your interests.

Drug offenses in Alberta are governed by the Controlled Drugs and Substances Act, which sets out the rules and penalties for unlawful drug use. The penalties for drug offenses vary depending on the type and quantity of the drug involved, as well as the circumstances of the offense. For example, possession of a small amount of marijuana for personal use may result in a fine, while trafficking in larger quantities of drugs can result in imprisonment.

If you are facing drug charges, you have the right to legal representation and a fair trial. It is important to seek the advice of an experienced criminal defense lawyer who can help you understand your legal options and defend your rights in court. With the right legal support, you can work to protect your future and minimize the impact of drug charges on your life.

Drug Addiction in Alberta

Drug addiction is a serious problem in Alberta, affecting people from all walks of life. According to the Substance Use Surveillance System, there were over 1,500 opioid-related deaths in Alberta between January 1, 2020, and December 31, 2020. The opioid crisis has had a devastating impact on the province, and the Alberta government has taken a number of steps to address the issue.

If you or someone you know is struggling with drug addiction in Alberta, there are a number of treatment programs and services available to help. The Alberta government funds addiction treatment programs across the province, including detoxification, residential treatment, and outpatient programs. Treatment is available for a range of substances, including opioids, cocaine, and MDMA.

Criminal Law and Drug Offenses

If you are facing drug charges in Alberta, it is important to understand the criminal law related to drug offenses. The Criminal Code of Canada outlines the laws related to drug offenses, which include possession, trafficking, and production of controlled substances.

Possession of a controlled substance is a criminal offense in Alberta. If you are found to be in possession of drugs, you can be arrested and charged with a criminal offense. The severity of the charge and the potential consequences depend on the type and quantity of the drug.

Trafficking, or the sale of drugs, is also a criminal offense. If you are caught trafficking drugs, you can face serious consequences, including imprisonment. The severity of the consequences depends on the amount and type of drug being trafficked.

If you are arrested for a drug offense in Alberta, it is important to understand your legal rights. The police must follow certain procedures when arresting and questioning individuals suspected of drug offenses. You have the right to remain silent and to speak with a lawyer.

In Alberta, drug offenses are taken seriously and can result in significant consequences, including imprisonment, fines, and a criminal record. It is important to seek legal advice if you are facing drug charges to understand your legal options and to ensure that your rights are protected.

Cities like Calgary, Edmonton, Red Deer, and Lethbridge have their own police departments and court systems, but the laws related to drug offenses are consistent throughout the province. It is important to understand the laws and consequences related to drug offenses in Alberta to ensure that you are held accountable for your actions.

Frequently Asked Questions

What are the different drug charges and sentences in Alberta?

Drug offenses in Alberta are categorized into three main categories: possession, trafficking, and production. The penalties for drug offenses can range from fines to imprisonment, depending on the severity of the offense and the type of drug involved. The Controlled Drugs and Substances Act (CDSA) outlines the different types of drugs and their corresponding penalties.

What are the consequences of being a first-time offender for drug trafficking in Canada?

If you are a first-time offender for drug trafficking in Canada, you may face a maximum sentence of life imprisonment and a minimum sentence of one year in jail. The severity of the sentence will depend on the type and quantity of drugs involved, as well as other factors such as whether the offense was committed for the benefit of a criminal organization.

What is the statute of limitations for drug offenses in Alberta?

There is no statute of limitations for drug offenses in Alberta. This means that you can be charged with a drug offense at any time, regardless of how much time has passed since the alleged offense occurred.

How long do the police have to charge you with a drug offense in Canada?

There is no set time limit for the police to charge you with a drug offense in Canada. However, the police must have reasonable grounds to believe that you have committed an offense before they can charge you.

What are the penalties for getting caught with drugs in Alberta?

The penalties for getting caught with drugs in Alberta can range from fines to imprisonment, depending on the type and quantity of drugs involved. Possession of small amounts of marijuana may result in a fine, while possession of larger amounts or other drugs may result in imprisonment.

Which drugs are illegal in Alberta and what are the consequences of possession or distribution?

The CDSA outlines the different types of drugs that are illegal in Alberta, including marijuana, cocaine, heroin, and methamphetamine. The consequences of possession or distribution of these drugs can range from fines to imprisonment, depending on the severity of the offense. Possession of small amounts of marijuana may result in a fine, while possession or distribution of larger amounts or other drugs may result in imprisonment.

Conclusion

If you are facing charges for drug offenses in Alberta, Kurie Moore Law Group can help. Our criminal law team has experience defending a full range of offenses under the Controlled Drugs and Substances Act. We can provide you with the legal representation you need to protect your rights and interests.

We care deeply about the well-being and success of our clients. We take the time to listen to your concerns and provide you with the guidance you need to make informed decisions. We are committed to helping you achieve the best possible outcome in your case. Contact us today.

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Author Archives: Scott Kurie

Historical Context and Principles of the YCJA

Evolution from the Young Offenders Act to the YCJA

Key Principles Underlying the YCJA

Procedures and Participant Roles

Role of the Police in the Youth Justice System

Youth Courts and the Role of Judges

Legal Representation and the Role of Lawyers

Crown Prosecutor and Defense Lawyers’ Responsibilities

Sentencing and Rehabilitation

Understanding Youth Sentences

Rehabilitation and Reintegration into Community

Rights and Records of Youth Offenders

Protections of the Youth in Legal Processes

Conclusion

Key Takeaways

Understanding Child Support in Alberta

Legal Framework and Obligations

Calculating Child Support Payments

Consequences of Non-Payment

Enforcement Measures in Alberta

Legal Implications of Arrears

Navigating Changes and Dispute Resolution

Modification of Support Payments

The Role of Mediation and Negotiation

Understanding Legal Implications Of International Travel

Identifying Your Custody Status

Preventing International Child Abduction

Pre-Travel Formalities And Documentation

Obtaining Necessary Documentation

Consent Requirements For Children Travelling Abroad

Communication And Coordination

Getting Consent From The Other Parent

Engage With Legal Professionals If Necessary

Practical Tips For Traveling Abroad With Children

Planning Your Itinerary And Stay

Frequently Asked Questions

What documentation is required for a divorced parent to travel internationally with their child from Alberta?

How do I obtain a travel consent letter for my child in Canada if I’m a divorced parent?

Is it mandatory for a divorced parent to carry a notarized letter of consent when traveling abroad with a child from Alberta?

What are the legal requirements for a divorced parent taking their child out of the country from Alberta?

How can a divorced parent ensure compliance with international travel regulations for minors traveling with one parent?

What steps should be taken if the other parent is not available to give consent for a child’s international travel from Alberta?

Legal Requirements for Divorce in Alberta

Residency and Grounds for Divorce

Separation as a Ground for Divorce

Fault-Based Grounds: Adultery and Cruelty

The Divorce Process

Filing the Statement of Claim for Divorce

Uncontested Versus Contested Divorce

Reconciliation and Mediation Efforts

Financial and Parental Considerations

Child and Spousal Support

Custody and Access to Children

Division of Property and Assets

Accessing Legal Advice and Representation

Types of Criminal Offences

Summary Conviction Offences

Indictable Offences

Hybrid Offences

Legal Proceedings in Criminal Cases

Arrest and Charges

Bail Hearing and Release

Plea and Trial Process

Sentencing and Punishments

Potential Criminal Penalties

Fines and Restitution

Probation and Community Service

Imprisonment and Parole

Conditional Discharge

Common Criminal Defences

Self-Defence and Defence of Another

Consent and Mistake of Fact

Alibi and Identity

Frequently Asked Questions

What are the distinctions between summary, indictable, and hybrid offences in Canada?

What is the typical range of penalties for assault charges in Alberta?

How long is an individual likely to serve in prison for a two-year sentence in Canada?

What are the maximum fines and penalties associated with summary conviction offences in Alberta?

What constitutes an appearance notice in Alberta, and what are its legal implications?