Since 2006, the EPS has encouraged the Edmonton Crown Prosecutors Office to assume full responsibility for all bail hearings. In a briefing note to then Chief Mike Boyd, an EPS Inspector recommended that “the EPS should continue to take the position that the Crown needs to accept greater responsibility for the bail hearing process…” In response, the Crown examined this process and concluded that no changes were required.
In 2008, a joint EPS/Crown pilot project was undertaken where Crown Prosecutors performed bail hearings, instead of police officers. The pilot lasted for a limited period of time and was discontinued. As a result, EPS officers resumed their participation in bail hearings, a practice which continues to this day.
The Government of Alberta’s 2010 Law Enforcement Framework outlines in broad terms the responsibilities of police officers and other law enforcement professionals. Bail hearings are not identified as a police officer responsibility.
“Most citizens expect that police officers will do police work, and lawyers will do legal work. That’s just not happening in Justice of the Peace bail hearings,” says Acting Deputy Chief Deb Jolly.
EPS officers participating in bail hearings are provided with a training and mentorship period, followed by observation from other officers more experienced in the process. Bail officers in training must demonstrate competency in the role prior to conducting bail hearings. That being said, the presence of a defence lawyer can result in an unbalanced hearing. Police officers are not equipped with the background and expertise in statutory and case law that defence lawyers typically possess.
The EPS calls upon the Minister of Justice and Solicitor General to have Crown Prosecutors conduct Justice of the Peace bail hearings.