A Holiday Season Message
A Holiday Season Message
CRIMINAL JUSTICE HOLIDAY SEASON
Work in the criminal justice system both speeds up and slows down in the month of December. December is a short month. Leading up to the Christmas holiday break, many Courts throughout Alberta are packed with criminal cases. While Christmas is a time for celebration for many people, it also adds a lot of pressure for others. The pressure put on consumers to spend money, coupled with stress placed on our time and added obligations to attend a variety of events unfortunately sometimes triggers conflict. The holiday season is a fertile period of scammers, fraudsters and thieves.
All of this translates into more victims, more criminal charges, more people before the courts and more accused desperately seeking release prior to the Christmas break. This translates into increased pressure on victims, accused and on a justice system that has to manage more cases in a short period of time.
HOLIDAYS IN ALBERTA
In 2024 Alberta Courts will close on December 24th, 2024 and will not reopen until January 2nd, 2025. That’s seven normal juridical days lost. Canada’s Holiday’s Act does not recognize Christmas as a National Holiday. It only recognizes Canada Day, Remembrance Day and Victoria Day. In Sections 25(a) and (i) of the Employment Standards Code the Province of Alberta recognizes Christmas Day and New Years Day as a “general holiday”. Alberta Courts apply their own extended holiday rules.
PRACTICAL REALITIES OF THE HOLIDAY SEASON
This extended holiday period creates some practical difficulties that could impact person’s charged with criminal offences during the Christmas season. Firstly, if an accused’s release cannot be achieved within 24 hours of arrest (either by promise to appear, undertaking or release by a Justice of the Peace), the accused may be involuntarily forced into an extended stay at a Provincial Remand Centre.
It is also important to keep in mind that many who work in the criminal justice system will structure holidays around the court closure. That means that your criminal defence lawyer of choice may not be available for a substantial period both before the Christmas break and after.
Defence lawyers are not the only workers in criminal justice who plan holidays around the Christmas break. Prosecutors, judges, police and court staff may do the same. Therefore, if your case has an assigned prosecutor or a seized judge, you could face challenges having your case heard during this period.
In my over two-decades of experience practicing criminal law, I have also observed that it is not unusual for police execute warrants just before the Christmas Holiday and in the period between Christmas and New Years Eve. My suspicion is that law enforcement is keenly aware that a large number of accused may be forced into a extended period of pre-trial custody. In other words, this is a way to use the Holiday Season to a measure of punishment.
If police are called a domestic situation, there is a high likelihood that somebody is going to be charged, removed from the home, separated from the family and potentially detained in custody. If you know that you have warrants for charges for which there is a good chance of immediately or timely release, I recommend that you take active steps to have your warrant executed well before December 23rd. If police catch up with you on Christmas Day, you could not only be embarrassed by an arrest, but detained in custody for longer than normal. Also, if you need to a hire a defence lawyer during this period, and in particular on Christmas Eve, Christmas Day, Boxing Day, New Year’s Eve or New Year’s Day, you might find yourself paying higher legal fees.
CONCLUSION
The message of this post is to remind everybody about the practical realities of a shortened month in the criminal courts and to ask that we all treat each other with care and civility.
I wish everybody a Merry Christmas, a safe and trouble-free Holiday and a Happy New Year.
If you are in need of a defence lawyer or a roadside sanctions lawyer during this period, I expect to be in the jurisdiction. I offer a free initial telephone consultation.
Call 403.452.8018.
David Chow