Medicine Hat Law Courts. (CHAT News Today)

By Tiffany Goodwein

Prosecutor shortage puts 1,200 cases at risk in Alberta

Nov 23, 2021 | 12:00 PM

MEDICINE HAT, AB – Victims of crime could be left feeling empty in Alberta. There are currently 47 unfilled vacancies for crown prosecutors, and the Alberta Crown Attorney’s Association says that could lead to hundreds of cases being thrown out, especially in rural areas.

Dallas Sopko, president of the Alberta Crown Attorney’s association says the shortages are putting 1200 serious and violent cases at risk of being stayed. Under the Supreme Court of Canada’s Jordan Decision, the maximum time a court case should take in provincial court is 18 months. But the crown shortages have had a major impact on the court process.

“What the public is unfortunately seeing is, sometimes (victims) are being told sorry no justice right from the beginning. On a number of serious and violent cases, there is a risk at the end of the day after a passage of time these cases won’t see the light of day, and then there is a number of times in court where justice isn’t being achieved because Crowns don’t have enough time and aren’t properly prepared,” president Dallas Sopko said.

But the association says Medicine Hat is faring well in comparison. There is only one vacant position that needs to be filled. That position has been vacant since July.

“I can say that Medicine Hat specifically has had the luxury for lack of a better term to have very good leadership and continuity of leadership over the last 10 to 15 years. So that jurisdiction has been able to avoid some of the staffing problems that other places have had,” Sopko said.

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But Sopko warns that Medicine Hat’s situation could change on the dime, as prosecutors look elsewhere for employment.

“I’ve spoken to senior crowns in Medicine Hat and they are busy, and there is the risk that another one leaves and we aren’t in a position to fill,” he said.

Sopko said crown prosecutors are leaving Alberta because of the heavy workload and burnout. Unlike other provinces, Sopko said, Alberta Justice doesn’t offer adequate mental health supports to address the needs of crown prosecutors.

“We need staff psychiatrists that understand the issues that we deal with, and provide us with the support we need when we go through vicarious trauma from dealing with these cases and we don’t have that,” he said.

Pay is another factor. In B.C. crown prosecutors can make 23 percent more than in Alberta. In Ontario, that number is 25 percent more.

The lack of compensation is causing some of the province’s most skilled prosecutors to leave, and Sopko said Alberta is becoming a training ground for the younger, more inexperienced, and that can further impact the court process.

“This is becoming a place where people don’t want to come to work anymore. It used to be but we are no longer competitive from a compensation perspective. We are no longer competitive when it comes to caseloads, and the government is not providing us the supports we need,” he said.

In a statement to CHAT News, a spokesperson for the justice and solicitor general said the province is committed to hiring 50 new positions, and efforts are underway to help rural Alberta.

“To bring in new talent, this government more than doubled the number of articling students (increased from eight to 20) to help recruit lawyers to ultimately work as prosecutors. In light of rural crime concerns, in addition to increased prosecutor positions, new articling students are being prioritized for locations other than Edmonton and Calgary to better serve rural Albertans,” said Carla Jones, spokesperson for Alberta Justice and Solicitor General.

But Sopko argues that under this proposal, the province fails to address the shortages that already exist.

“They can commit or announce the creation of as many new positions as they want but if they can’t fill them, then what’s the point?” Sopko said.

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