Category Archives: Criminal Law

Bail Hearing Process Alberta

Understanding the Bail Process in Alberta: A Comprehensive Guide

Leave a commentPosted on Author By Scott Kurie

When someone is arrested in Alberta, understanding the bail process becomes crucial for both the accused and their loved ones. This guide will walk you through the essential aspects of the bail process in Alberta, helping you navigate this challenging situation with clarity and confidence.

What is Bail?

Bail, also known as judicial interim release, is a legal process that allows an accused person to be released from custody while awaiting their trial. This critical aspect of the criminal justice system balances public safety with the presumption of innocence.

The fundamental principle behind bail in Canada is that an accused person should not be denied reasonable bail without just cause, as protected by Section 11(e) of the Canadian Charter of Rights and Freedoms. This right reflects the understanding that accused persons should maintain their freedom and ability to prepare their defence while their case proceeds through the courts, unless there are compelling reasons for detention.

The bail system serves multiple purposes: it ensures the accused appears in court, protects public safety, and maintains confidence in the justice system. Unlike the American system, where bail often requires substantial cash deposits, the Canadian approach typically focuses more on conditions of release and promises to appear, though monetary conditions may still apply in certain cases. This approach aims to create a more equitable system that doesn’t disadvantage accused persons based solely on their financial means.

The Arrest and Initial Detention

After an arrest, the police must determine the appropriate course of action based on various factors including the nature and severity of the alleged offense, the accused’s criminal record, their ties to the community, and any potential risks to public safety or the administration of justice. They have several key options available:

  • Release the accused with a promise to appear in court
  • Release with an undertaking (conditions attached)
  • Hold the accused for a bail hearing

If held for a bail hearing, the accused must be brought before a justice of the peace or judge within 24 hours of arrest, as required by law.

Types of Release

1. Police Release

In many cases, particularly for minor offences, the police may release an accused person directly from the police station. This release might include an appearance notice, a promise to appear, or an undertaking with conditions.

2. Court Release

For more serious matters, a bail hearing before a justice of the peace or judge is required. This typically occurs in one of two ways: through a provincial court bail hearing or a Court of King’s Bench bail hearing for more serious charges.

The Bail Hearing Process

1. Preparation

Before the bail hearing, thorough preparation is essential to maximize the chances of success. The first priority is to contact family members or trusted friends who might be willing to act as sureties. These potential sureties should be individuals with stable lifestyles, clean criminal records, and sufficient financial means to pledge as security. They need to understand the serious responsibility they’re taking on and be prepared to actively supervise the accused if bail is granted.

2. During the Hearing

The Crown prosecutor will present their position on release, taking into account the nature of the charges, the accused’s criminal record (if any), the strength of the evidence, and public safety concerns.

The defence then responds by addressing the accused’s ties to the community, employment status, family support, and proposed release plan.

The Three Grounds for Detention

When deciding whether to grant bail, the court conducts a thorough analysis based on three grounds established by the Criminal Code of Canada. The primary ground focuses on ensuring court attendance, evaluating factors like community ties, flight risk, and history of court appearances, while the secondary ground addresses public safety concerns by examining criminal history, potential risks to witnesses or victims, and whether conditions like no-contact orders or treatment programs can adequately protect the public.

The tertiary ground, typically reserved for serious cases, considers whether releasing the accused would undermine public confidence in the justice system. This becomes particularly relevant in high-profile cases or those involving grave offenses that have significantly impacted the community. The court weighs factors such as the strength of the prosecution’s case, the severity of the alleged offense, and the circumstances of the crime, while balancing public confidence against the fundamental presumption of innocence and the constitutional right to reasonable bail.

Release Conditions

If bail is granted, the court may impose various conditions on the accused. Common conditions include reporting to police at specified intervals, maintaining a curfew, and avoiding certain locations or people. The accused might also be required to surrender their passport, abstain from alcohol or drugs, or provide a cash deposit or surety.

Understanding Sureties

A surety plays a vital role in the bail process. This person agrees to supervise the accused while on release and pledges a specific amount of money as guarantee. They take responsibility for ensuring the accused follows bail conditions and must be approved by the court based on their reliability and resources.

What Happens if Bail is Denied?

If bail is denied, the accused will remain in custody until their trial, but this initial denial isn’t necessarily final. The most common recourse is pursuing a bail review in the Court of King’s Bench, where the defence can present new evidence and arguments for release. This review isn’t a traditional appeal – the higher court conducts a fresh analysis of the bail situation, considering any changes in circumstances since the initial hearing, such as new sureties, secured employment, treatment program enrollment, or weakening of the Crown’s case.

While awaiting the outcome of a bail review, the accused might also work towards resolving the case through other means, such as negotiating a plea agreement, seeking an expedited trial date, or participating in rehabilitation programs that address the court’s concerns. During this time, maintaining good behavior in custody and staying in close contact with legal counsel is crucial, as they can monitor the case’s progress and identify new opportunities for securing release as circumstances change.

Violations of Bail Conditions

Breaking bail conditions carries serious consequences. The accused may face new criminal charges and have their bail revoked. If released again, they may face more stringent conditions, and the violation could make it more difficult to obtain bail in future cases.

Conclusion

The bail process in Alberta aims to balance the rights of the accused with public safety concerns. While this guide provides a general overview, each case is unique and may present different challenges and considerations. Success in the bail process often comes down to acting quickly after arrest, being well-prepared for the hearing, and strictly following any conditions imposed.

Navigating the bail process can feel overwhelming, but you don’t have to face it alone. At Kurie Moore Law Group, our experienced Sherwood Park Lawyers have helped numerous clients successfully secure bail in Sherwood Park and Edmonton. We understand the local court system and know what judges look for in a strong bail plan.

Contact us today at 1-780-809-3545 to speak with a lawyer who can guide you through the bail process and fight for your release. Located just one block from the Sherwood Park Provincial Court, we’re ready to act quickly when you need us most. Your freedom is our priority.

Bail Hearing Process Alberta

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

Leave a commentPosted on Author 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 defences to ensure the best possible outcome. Understanding the nuances of these defences 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.

dui lawyer Sherwood Park

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

Leave a commentPosted on Author 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 AlbertaWhen 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 defence 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 defence 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.

DUI Edmonton Lawyer

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 defence 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 defence.

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 defence 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 defence 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.

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

Leave a commentPosted on Author 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 defence 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.

What Sentences Can a Young Person Receive in Alberta?

Leave a commentPosted on Author By Scott Kurie

If you or someone you know is a young person who has been accused or found guilty of breaking the law in Alberta, you may be wondering what kind of sentences a young person can receive. The Correctional Services division oversees young persons who are serving a sentence in a youth custody facility or sentenced to community sentences.

The Youth Criminal Justice Act (YCJA) creates a separate legal system for youths. The reason for this is that young people are particularly vulnerable, less mature, and have a reduced capacity for moral judgment.

hand holding spray paint can, artist doing graffiti art on the wall

“Sentences for young persons can vary depending on the severity of the crime committed. Many youth sentences are the same as adult sentences, including discharges (both absolute and conditional), fines, probation, and imprisonment.”

However, there are also several sentences that are specific to young people under the YCJA. They include a reprimand, where the judge can give a reprimand to the young person, and a referral to a community program.

The latter is where the young person is referred to a community program that is designed to address the underlying causes of their criminal behavior, such as addiction or mental health issues.

It is important to note that the YCJA emphasizes rehabilitation and reintegration into society, rather than punishment. The goal is to prevent future criminal behavior by addressing the root causes of the behavior and providing young persons with the skills and support they need to make positive changes in their lives. If you or someone you know is facing criminal charges as a young person in Alberta, it is important to seek legal advice and understand the options available for sentencing.

Overview of the Youth Criminal Justice System

If you are a young person who has been accused of an offence in Alberta, you will be dealt with under the Youth Criminal Justice Act (YCJA). The YCJA is a federal law that sets out the rules and principles for dealing with young people who are accused of criminal offences. The purpose of the YCJA is to protect the public by holding young people accountable for their actions while promoting their rehabilitation and reintegration into society.

The Youth Criminal Justice Act

The YCJA applies to young people who are between the ages of 12 and 17 at the time of the offence. If you are under 12, you cannot be charged with a criminal offence in Canada. If you are 18 or older, you will be dealt with under the Criminal Code of Canada.

The YCJA sets out the principles that guide the youth justice system, including the principle of diminished moral blameworthiness, which recognizes that young people may not fully understand the consequences of their actions. The YCJA also emphasizes the importance of rehabilitation, reintegration, and community support for young people who are in conflict with the law.

The Youth Justice Court

If you are accused of an offence, you will appear in the youth justice court. The youth justice court is a specialized court that deals with young people who are accused of criminal offences. The court is designed to be less formal and intimidating than adult court, and it takes into account the unique needs and circumstances of young people.

At the youth justice court, you will have the right to a lawyer, and you will be presumed innocent until proven guilty. You will also have the right to a trial, where the crown must prove beyond a reasonable doubt that you committed the offence. If you are found guilty, you may receive a youth sentence, which can include custody and supervision orders, community service, fines, or other conditions.

In conclusion, the youth criminal justice system in Alberta is designed to hold young people accountable for their actions while promoting their rehabilitation and reintegration into society. If you are a young person who has been accused of an offence, you will be dealt with under the Youth Criminal Justice Act and will appear in the youth justice court. It is important to understand your rights and the consequences of your actions, and to seek support and advice from a lawyer, your parents, or a youth worker.

Types of Sentences for Young Persons in Alberta

When a young person is found guilty or pleads guilty to a criminal offense, the youth court must determine the appropriate sentence. There are different types of sentences that a young person can receive in Alberta, depending on the circumstances of the offense and the young person’s age.

Youth Sentence

A youth sentence is a sentence that is specific to young people under the Youth Criminal Justice Act (YCJA). The YCJA creates a separate legal system for youths because young people are particularly vulnerable, less mature, and have a reduced capacity for moral judgment. Youth sentences are designed to protect the public, hold young people accountable for their actions, and rehabilitate them.

Youth sentences can include:

  • Community service
  • Intensive support and supervision
  • Probation
  • Custody and supervision order
  • Intensive rehabilitative custody and supervision order
  • Fine
  • Restitution
  • Conditional discharge
  • Absolute discharge
  • Reprimand

Adult Sentence

In some cases, a young person may receive an adult sentence. This can happen if the young person is 14 years of age or older and is convicted of a serious violent offense, such as manslaughter or aggravated sexual assault. Adult sentences are the same as adult sentences under the Criminal Code of Canada.

Adult sentences can include:

  • Imprisonment
  • Fine
  • Probation
  • Conditional sentence
  • Restitution

If a young person receives an adult sentence, they will have a criminal record and may face more severe consequences in the future.

Before sentencing, the court may require a pre-sentence report to be prepared by a probation officer. The report provides information about the young person’s background, circumstances, and needs, as well as recommendations for sentencing options.

It is important to note that the purpose of sentencing under the YCJA is not to punish the young person, but to protect society and rehabilitate the young person. The principles of the YCJA include proportionality, diminished moral blameworthiness, and reintegration.

If you are a young person facing a criminal charge, it is important to seek advice from a lawyer or legal aid office. Your parents or guardians can also support you through the youth justice process, and you may be eligible for education, mental health, or addictions treatment while in custody or under community supervision.

Factors Considered in Sentencing Young Persons

When a young person is sentenced in Alberta, the court considers several factors to determine the appropriate sentence. These factors include:

Age

The age of the young person is an important consideration in sentencing. The court must take into account the young person’s level of maturity and ability to understand the consequences of their actions.

Culpability

The court will also consider the young person’s level of culpability, or responsibility, for the offence. For example, a young person who was coerced or pressured into committing an offence may have a lower level of culpability than one who acted on their own.

The Nature and Severity of the Offence

The nature and severity of the offence are important factors in determining the appropriate sentence. More serious offences will generally result in more severe sentences.

The Young Person’s Criminal Record

The young person’s criminal record is also considered in sentencing. A young person with a history of criminal behaviour may receive a more severe sentence than one who has no prior record.

The Young Person’s Character and Circumstances

The court will consider the young person’s character and circumstances when determining the appropriate sentence. Factors such as the young person’s family background, education, and employment history may be taken into account.

The Principle of Restorative Justice

Finally, the court will consider the principle of restorative justice in sentencing. This principle emphasizes repairing the harm caused by the offence and rehabilitating the young person, rather than simply punishing them.

Overall, the court will consider these factors in determining the appropriate sentence for a young person in Alberta.

Frequently Asked Questions

What are the maximum sentences for youth in Alberta?

The maximum sentences for youth in Alberta are determined by the Youth Criminal Justice Act (YCJA). The YCJA recognizes that young people are still developing and have a greater capacity for rehabilitation than adults. As such, the maximum sentences for youth are generally shorter than those for adults. For example, the maximum sentence for a first-degree murder conviction for a youth is 10 years, compared to life imprisonment for an adult.

What are the options for sentencing under the Youth Criminal Justice Act?

The YCJA provides a range of options for sentencing youth who have been found guilty of a crime. These options include custodial sentences, community-based sentences, and extrajudicial sanctions programs. The goal of the YCJA is to promote rehabilitation and reintegration into society, rather than punishment.

What is the role of extrajudicial sanctions programs in youth sentencing?

Extrajudicial sanctions programs are an alternative to traditional court proceedings for youth who have committed minor offenses. These programs involve a meeting between the young offender, their parents or guardians, and a trained facilitator. The group works together to identify the harm caused by the offense and develop a plan to repair that harm. The goal of extrajudicial sanctions programs is to promote accountability and responsibility, while avoiding the negative consequences of a criminal record.

What are the legal rights of young offenders in Alberta?

Young offenders in Alberta have the same legal rights as adult offenders, including the right to legal counsel, the right to a fair trial, and the right to appeal a conviction. However, the YCJA also recognizes that young people have unique needs and vulnerabilities, and provides additional protections for young offenders. For example, young offenders have the right to have their case heard in private, and to have their identity protected.

What groups work with young offenders to reintegrate them into society?

There are a number of groups in Alberta that work with young offenders to help them reintegrate into society. These groups include probation officers, social workers, and community-based organizations. The focus is on providing support and resources to help young offenders address the underlying issues that led to their criminal behavior, such as mental health, addiction, or lack of education or employment opportunities.

Do mandatory minimum sentences apply to youth in Canada?

Yes, mandatory minimum sentences do apply to youth in Canada. However, the YCJA provides some flexibility in sentencing, and judges are required to take into account the unique circumstances of each case and the individual needs of the young offender. The goal is to ensure that the sentence is proportionate to the offense and to promote rehabilitation and reintegration into society.

What is the difference between a DWI and a DUI?

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Driving under the influence (DUI) and driving while intoxicated (DWI) are terms that are often used interchangeably to refer to the crime of operating a vehicle while under the influence of alcohol or drugs. In some jurisdictions, the terms have slightly different meanings.

In Alberta, the term DUI is used to refer to the offense of operating a vehicle while impaired by alcohol or drugs. This can include driving with a blood alcohol concentration (BAC) above the legal limit, as well as driving while under the influence of drugs.

DWI, on the other hand, is a term that is used in some other jurisdictions to refer to the offense of operating a vehicle while intoxicated. In these jurisdictions, the term DWI may be used to refer to both alcohol- and drug-related impairment.

DUI and DWI are not consistently used across all jurisdictions, with some using DUI to refer to both alcohol and drug-related impairment and others using DWI for this purpose.

Operating a Vehicle While Impaired by Alcohol or Drugs is a Criminal Offense in Alberta

You may not be aware that it is a criminal offense to operate a vehicle while impaired by drugs or alcohol in any degree in Alberta.

This means that the police do not need to prove that you had a specific concentration of drugs or alcohol in your system. Instead, they must provide evidence that you were operating a vehicle, had consumed drugs or alcohol, and that these substances impaired your ability to drive.

It is worth noting that the term “operating” a vehicle is not limited to actually driving the vehicle. If you are in care or control of the vehicle while your ability to drive is impaired by drugs or alcohol, you may be charged with an offense, even if you are not actively driving or intending to drive.

In addition to this offense, it is also a crime to operate a vehicle with a blood alcohol concentration or blood drug concentration above the legal limit within two hours of stopping operation.

What is the Legal Limit for Alcohol and Drug Concentrations While Driving in Alberta?

For alcohol, the legal limit is equal to or more than 80 mg of alcohol in 100 mL of blood. 

For Cannabis, there are two different offences for differing concentration levels:

    • Between 2 nanograms (ng) and 5 ng of THC per mL of blood; or
    • 5 ng of THC or more per mL of blood. 

If you have any detectable amount of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, or 6-mam in your system, it is considered an offense. The legal limit for GHB is 5 mg or more per liter of blood. When alcohol and cannabis are combined, the legal limit is 50 mg or more of alcohol per 100 mL of blood and 2.5 mg or more of THC per mL of blood.

You Can Still Be Charged With a Dui or Dwi Even if You Are Not Actively Driving

It is important to note that even after you stop driving, you can still be charged if your blood concentration shows illegal levels of alcohol or drugs within a two-hour time period. However, there is an exception to this rule if:

  • If you consumed alcohol or drugs after you stopped operating the vehicle.
  • If you had no reasonable expectation that you would be required to provide a blood or breath sample, and (if applicable) if you were drinking alcohol.
  • If your alcohol consumption is consistent with a blood alcohol level that would have been below the legal limit while you were driving.

How the Police Assess Whether You Are Impaired

According to the law, police officers have the authority to stop vehicles and ask drivers if they have consumed alcohol or drugs. While you are not required to answer these questions, it is usually best to cooperate with the police and avoid becoming confrontational. You are required to present your driver’s license, vehicle registration, and proof of insurance to the police upon request.

You do not have the right to consult a lawyer before performing a roadside test. The police will make a judgment about your ability to drive safely based on a number of observations, tests, and samples, including:

In Alberta, police officers use a variety of methods to assess whether a person is impaired by alcohol or drugs while driving. These methods may include:

  1. If they can detect the smell of alcohol or drugs on your breath, your physical movements and behavior along with your answers to their questions.
  2. Standardized field sobriety tests (SFSTs): These are standardized tests that are designed to assess a person’s ability to safely operate a motor vehicle. Examples of SFSTs include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test.
  3. Drug recognition evaluations (DREs): These evaluations are performed by specially trained officers who are trained to recognize the signs of drug impairment. A DRE typically involves a series of tests, including a preliminary breath test, pulse rate evaluation, and eye examination.
  4. Breathalyzer tests: These tests are used to measure a person’s blood alcohol concentration (BAC) by analyzing a sample of their breath. In Alberta, police officers are required to use approved instruments to conduct breathalyzer tests.
  5. Blood tests: In some cases, police officers may request a blood sample to be taken in order to measure a person’s BAC or to detect the presence of drugs in their system.

If an officer has reasonable grounds to believe that a person is impaired by alcohol or drugs, they may arrest the person and charge them with impaired driving.

Under recent changes to the Criminal Code, police officers in Canada are now able to conduct random mandatory roadside breath tests to screen for alcohol impairment. This means that drivers who are stopped for any other reason, such as a traffic violation or a check stop, may be required to provide a breath test. Refusing to provide a breath sample can result in the same penalties as being charged with impaired driving.

If you are arrested and taken to the police station or medical facility for further testing, you do have the right to have a lawyer present. Further testing may include:

  • evidence from roadside tests
  • evidentiary breath-screening test
  • bodily fluid sample testing
  • Drug Recognition Evaluation (DRE)

What are the Consequences of a DUI or DWI charge?

The penalties for impaired driving in Alberta can be severe. Effective December 1, 2020, Alberta introduced an Immediate Roadside Sanctions program, which provides serious and immediate consequences for all impaired drivers.

The specific penalties that a person may face for impaired driving in Alberta depend on the circumstances of their case and may include: a fine upwards of $1,000, an increased insurance rate (which may skyrocket as high as 300%), a lengthy driving license revocation or license suspension, vehicle seizure, and requirement to pay for and participate in Alberta’s Ignition Interlock program. 

In addition to these provincial penalties, impaired driving is also a criminal offense in Canada, and a person may face federal penalties, including driving prohibitions, fines, and jail time.

If you are facing an impaired driving charge or roadside suspension, it is crucial to seek legal guidance as soon as possible in order to understand your legal options and mount the strongest defence possible.

We Can Help

Kurie Moore Law Group has extensive experience with the law and its application in the courts. If you have been charged with impaired driving (or any other traffic-related offences), our lawyers are prepared to advocate for you.