Outstanding warrants shrink after Alberta ends arrests for minor infractions
Andrea Huncar | CBC News | Posted: February 25, 2019 1:00 PM | Last Updated: February 25, 2019
Human rights advocates call for similar approach for warrants involving minor criminal offences
The number of outstanding warrants in Alberta has plummeted since the provincial government amended legislation nearly two years ago to end arrests for unpaid traffic fines and minor infractions.
But human rights advocates say the change should be extended to minor criminal offences.
According to Alberta Justice, there was a 36 per cent reduction in outstanding warrants in the province in the year between March 31, 2017 and March 31, 2018 — from about 200,000 to 157,000.
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The province credits the reduction to the amendments that came into effect in May 2017.
The number of non-criminal warrants in Edmonton also shrunk after the amendments came into effect. At the end of March 2017, there were 9,825 outstanding non-criminal warrants. One year later, there were 6,168, according to Edmonton police.
In contrast, outstanding criminal warrants in Edmonton remained roughly steady, with a total of 7,721 at the end of 2018.
In May 2017, Alberta stopped jailing people who didn't pay fines for minor infractions such as transit fare evasion or drinking in public.
Rather than a warrant being issued, those who don't deal with the ticket are convicted and fined in absence. If they don't voluntarily pay the fine, motor vehicle registry services are restricted until it's resolved.
Reducing the time-consuming process of executing warrants has been beneficial.
"Fewer people are being arrested and jailed for failing to pay a fine for a minor infraction," wrote justice department spokesperson Shawna King.
"The reduction in the number of warrants issued for provincial and bylaw offences has allowed court offices to reassign staff to do other important work. Law enforcement agencies have reported a reduction in warrant processing workloads, freeing up time to spend on more serious matters."
'Horrific harm'
Justice advocates say the province should remove police from the equation for warrants on minor criminal matters as well. Instead they suggest options such as the ability to deal with them directly at the courthouse.
The way it works now causes "horrific harm" and perpetuates a cycle of abuse and unreported crime, said Mark Cherrington, with the Edmonton Coalition for Human Rights. Young Indigenous women who refuse to call 911, call him instead.
"I've had to deal with lots of young women who had been sexually assaulted or have been physically assaulted to the point where it's life-threatening," said Cherrington.
"They've been afraid to call the police because they have warrants for their arrest and they don't want to spend 18 hours in a police cell waiting to go in front of a justice of the peace."
Right now, people have to be arrested when such a warrant is executed, EPS confirmed. Under the Police Act, an officer who fails to execute a warrant can be charged with neglect of duty.
"It uses a lot of police resources because a police officer ultimately has to execute the warrant to bring the matter before a court," said Edmonton defence lawyer Kent Teskey. "So that means that an officer who could be doing other things may be executing warrants — that takes time, takes them off the street.
So it seems to me that there is a real opportunity here to remove the police out of that process so that the resources would be better used here."
iHuman, an organization that supports traumatized youth with high-risk lifestyles, works with police to address warrants.
The process allows youth to understand and prepare for what comes next, which may involve being jailed or released on a promise-to-appear in court. Staff accompany youth to the police station to turn themselves in or connect them with trusted officers.
"We have built relationships with some of the police officers in our neighbourhood to be able to safely turn young people in when they're ready and willing and be supported in that process by us and by supportive officers," said Daena Crosby, the non-profit's caring services director.
'Safe surrender'
Edmonton police are developing an alternative way for Edmontonians to address outstanding warrants.
"The EPS is currently in the conceptual stage of a safe surrender type initiative," the police service wrote in an email to CBC. "Safe surrender does not imply immunity or amnesty, it is an actively restorative way for people with warrants to deal with them at a time which is controlled by them.
Voluntary surrender is certainly a strong consideration when deciding if someone is released or sent for a bail hearing."
While most non-criminal matters no longer result in warrants, there are exceptions, such as a charge of driving without insurance, said King. Those fines can be paid at the court counter and the warrant will be cancelled without involving the police.