Justice Delayed and Denied for Airdrie Women - Not Christian or Holy Enough for Town Council
Delayed Airdrie sexual assault case prompts report, steps to improve justice system
Province trying to speed up justice system
The province is trying to streamline the justice system in Alberta, in the wake of a serious sexual assault case being thrown out of court.
Last Updated Friday, April 12, 2013 6:32PM MDT
Only a few months after a sexual assault case was stayed because it took too long to reach trial, the provincial government released its review on what happened, and included a number of changes to the province’s justice system meant to ensure all serious and violent cases go to trial.
Back in October, 2012, an Airdrie sexual assault case was judicially stayed, after it took too long to go to trial - it was thrown out after a three-year delay in prosecution.
The RCMP investigation began after the alleged victim filed a complaint on August 14, 2009 – less than a month later; the accused was arrested and charged.
On Friday, the now-27-year-old woman at the centre of the case spoke out in Airdrie, and revealed her identity to the public for the first time.
Dani Polsom had reported she had been sexually assaulted for years by a family member.
After the arrest, the case encountered a number of delays in court – with a number of adjournments, witness statements and schedule accommodation – after some time, the defence in the case filed for a judicial stay of proceedings, which the Crown Prosecutor consented to in October, 2012.
The stay was requested under Section 11 of the Canadian Charter of Rights and Freedoms, that state “Any person charged with an offence has the right…(b) to be charged within a reasonable time.”
Justice Minister and Solicitor General Jonathan Denis apologized to the victim in the case.
“I want to extend my personal apologies to the young woman at the centre of this issue,” Denis said.
“This particular case, and from my own personal experience, the amount of public interest and public outrage when they were writing about the effect of this case, caused us to back up and that’s what actually caused us, in my prosecution service to really take stock and say what’s at the root of all this?” Assistant Deputy Minister of Criminal Justice, and the report’s author Greg Lepp said in Airdrie Friday.
The Alberta Criminal Justice Division reviewed the case, and found a number of ways the justice system could ensure such cases reach trial.
A number of suggestions were included in the report – some to be implemented immediately, and some in the long-term:- Assigning a dedicated Crown prosecutor to serious cases earlier in the process, and utilizing that approach outside of Edmonton and Calgary
- Shortening time at trial by moving cases to other courts
- Improving the judicial triage process, ensuring violent criminal cases reach trial
- Setting dates for preliminary hearings, before pre-preliminary inquiry meetings are done – speeding up the time to trial
- Using more direct indictments to allow cases to go directly to trial, and increasing the use of pre-charge consultation with police for serious and violent cases
- Cutting court time and resources needed to address traffic tickets, it’s estimated more than one million are handed out each year
In addition, the province said Crown prosecutors would receive more education on the prosecution of sexual assaults – with the help of a new guide for police and prosecutors.
They’re changes Polsom is looking forward to seeing, even though her case won’t benefit.
“It’s not going to change our case at all, but hopefully it will make a lot of changes for future children going through the same thing,” Polsom said. “Hopefully it won’t ever happen to somebody else, ever again.”
According to the province, Alberta’s eight Case Management Offices (CMOs) have already made an impact on the province’s justice system – handling more than 7,000 cases per month, allowing more time and resources for serious and complicated cases.
Alberta Justice will update on the progress of the changes in three months.
With files from Bill Fortier
edmonton.ctvnews.ca |
