Airdrie-Cochrane MLA Peter Guthrie says he's glad the province halted the rollout of Phase 2 of its SafeRoads plan.
The three-month pause is in response to criticism from the public and legal experts alike saying the program puts the onus on individuals to prove their innocence at a price and takes away their right to a fair trial.
Like the majority of Albertans, Guthrie told the Eagle he, too, found out how problematic the program was through the media after a training sheet was released.
Albertans would have seven days to contest a ticket, along with a requirement to pay a non-refundable fee of either $50 for a fine under $299, or $150 for a fine under $299.
"I was unaware this was going to be the approach," he said Tuesday, Feb. 1. "I was aware they were going to take it online, but the parameters around it, that's where it was news."
The seven-day deadline to appeal a traffic ticket, he said, doesn't provide a lot of opportunity for motorists to fight it. The digital approach, too, creates barriers for those who do not have access to technology or the skills to use it.
In a joint statement, Alberta's transportation and justice ministers, Rajan Sawhney and Sonya Savage, said Albertans will always have the right to challenge tickets.
"Albertans will always have the ability to dispute fines or make their payments quickly and efficiently," they said.
"Our government is committed to ensuring that we fix the very real problem facing our justice system. We need our police to fight crime, not sit in courtrooms and we need our courts to prosecute real criminals."
Alberta lawyer Tim Verhaeghe told Great West Media he's not fond of the pay-to-fight traffic ticket program.
“I was not and I am not a fan of what the provincial government was trying to accomplish with this. In theory, it sounds good… but at what cost?” said the Freedom Law lawyer in an emailed response.
The program would force Alberta drivers to pay a fee to fight the ticket and only have one week to do so.
A fee requirement to fight a ticket, to Verhaeghe, means that to prove innocence people will have to pay, which goes against the principal belief system of innocent until proven guilty.
“This can present a barrier to justice, which I don’t agree with,” he said.
Verhaeghe said he also has concerns about the time limit on fighting the ticket. Under the new system, an accused would have seven days to fight a ticket they received in the mail, while most orders in Alberta are subject to a 30-day appeal period. He worries that, in our COVID world, a ticket may not make it through Canada Post in time.
The joint press statement from Sawhney and Savage stressed that people understand the “training documents did not reflect what the program is and what the benefits are for Albertans.”
“Alberta’s court system is facing a significant backlog. Quite simply, that means serious criminals are getting back onto the streets because the courts are bogged down with traffic issues. This is unacceptable,” the statement read.
Verhaeghe said he doesn’t disagree that the courts and police are busy or that resources are being stretched thin. He suggested the removal of the fee, and an adjustment to the response time to extend it beyond seven days to allow adequate time to respond.
Guthrie echoed the sentiments. He said he'd like to see a 30-day appeal time frame.
He also questioned the purpose of the additional fees.
"The reason to taking this online is so we're no longer accessing the court system, that alone generates savings, so why is this revenue generation necessary?" he asked. "Will that limit the ability for people to appeal?"
Aside from the fines and associated costs, Guthrie questioned how the province would select the adjudicators that would oversee the online contests with motorists.
"How is that process going to work," he asked. "How are you going to staff that? What's the experience level? What qualifications will they have? Will they be public or private employees? Do they have the experience necessary to assess each case?"
Guthrie said he's not opposed to the shift online.
"It's not a bad idea especially for these minor infractions like speeding," he said. "It's just being able to provide that opportunity to those who may not be able to use those services."
The ministers said they'd be consulting with members of the public for the next 90 to 120 days after the program was paused ahead of its scheduled Feb. 1 roll-out date.
- with Jessica Nelson, St. Albert Gazette files
