Student caseworkers act
as agent for individuals in the Provincial Court of
Alberta. Students are able to enter pleas, run trials,
speak to sentencing, request adjournments and make applications
for the Alternative Measures Program. All activity is
conducted under the direction of one of our advising
lawyers.
In compliance with the SLS mandate, individuals
must meet the SLS income guidelines in order
to qualify for assistance. Before any file is opened,
an assessment of the applicant’s financial situation
must be conducted. Our guidelines are identical to those
of Legal Aid.
Students are only authorized to assist individuals
who are charged with summary conviction and regulatory
offences.
Summary conviction offences for which
SLS may provide assistance include (but are not limited
to):
- assault
- impaired driving
- refusal to provide a breath sample
- dangerous driving, possession of stolen property
- theft under $5000
- communication for the purpose of prostitution
- failure to appear
- fraud
- meal/transportation by fraud
- credit card fraud, uttering threats
- violation of a probation order
- mischief (damage to property)
- indecent acts
- forgery, and more.
The most common regulatory offences
handled by SLS are traffic violations
under the Highway Traffic Act and the Motor Vehicle
Administration Act. Some examples are: driving
an uninsured motor vehicle and failure
to remain at the scene of an accident.
SLS does not handle cases under the following
circumstances:
- Where there is a realistic possibility of incarceration.
- Where the matter is of a domestic nature. This
includes disputes between any two parties that are
living together.
- Where any party (including the accused, complainant
or witness) is under 18 years old. SLS does not appear
in Youth Court.
- Where an individual is charged with impaired driving
and the Crown is expected to seek greater punishment.
- Where the individual is charged with assault other
than simple assault (assault causing bodily harm,
assault with a weapon, etc).
- In situations where two or more individuals are
charged with the same offence (co-accused), SLS may
only act for one individual (if any)
- Where the violation has a specified fine. For example,
SLS will not deal with traffic violations with a specified
fine appearing on the ticket.
- Where an individual is charged with possession
of “hard drugs” (heroine, crack, etc).
Those individuals who do not qualify for SLS
assistance for the above reasons will be referred to
Legal Aid.
The Criminal Law Project assists hundreds of individuals
every year. If you require information, or have been
charged with an offence, please do not hesitate to
contact the Criminal Law Project in person at our
project offices,
by telephone, or by email at info@slsedmonton.com.
Updated: November 2007
|
