Alberta Justice provides legal advice and assistance to the other government departments through its Legal Services Division.
Alberta Justice does not provide legal advice or assistance to anyone who is not associated with the government.
Unless there is some government interest – for example if someone is suing the government – Alberta Justice is not involved in civil cases.
The government becomes involved in maintenance enforcement when a creditor or debtor registers with the Maintenance Enforcement Program. This Program is created by the Maintenance Enforcement Act and provides for the enforcement of court-ordered child maintenance payments.
The government also becomes involved in actions and court proceedings for the protection of children, by the authority of the Child, Youth and Family Enhancement Act. In the case of child welfare proceedings, the responsible Minister is the Minister of Children and Youth Services. Most proceedings take place in Provincial Court.
Acting under the authority of the Public Trustee Act, the Dependent Adults Act, and the Administration of Estates Act, the Public Trustee protects and administers the property of dependent adults, minor children and deceased persons where there is no one else able to act.
The Alberta Minister of Justice is responsible for some provincial family law legislation. This includes the Extra-Provincial Enforcement of Custody Orders Act, Family Law Act, International Child Abduction Act, and the Maintenance Enforcement Act. The Divorce Act is federal legislation.
A Parenting After Separation Program, which was jointly developed by Alberta Children and Youth Services, the Court of Queen's Bench and Alberta Justice is delivered in all judicial districts in the province. The objective of the program is to provide information about: childrens' reactions to their parents' separation; the legal, emotional and financial implications of separation; and using mediation to resolve disputes. The program also provides participants with an opportunity to discuss options for custody, access, and parenting time and contact, develop a parenting plan and learn how to maintain their relationship with their children after separation.
Alberta Justice provides information to the public about the Child Support Guidelines (federal and provincial legislation) through public information offices located in the courthouses in Edmonton and Calgary.
The Protection Against Family Violence Act came into effect, June 1, 1999. The objectives of the act are: to reinforce the message that family violence is of serious concern to society and the justice system, to assist victims of family violence by providing more expeditious and cost-effective access to emergency protection orders, and to assist victims of family violence by providing them with additional remedies for protection.
The procedural rules for the Court of Appeal and Court of Queen's Bench are established by regulation on the recommendation of the Rules of Court Committee which consists of representatives from the Court of Appeal, the Court of Queen's Bench, the Provincial Court, the Law Society of Alberta and Alberta Justice. Since approximately 2001, the Alberta Law Reform Institute has undertaken a project with a goal to rewrite the Rules to maximize their clarity, useability and effectiveness. The Institute recently issued a final report with recommendations for new Rules. This report is being considered by the Rules of Court Committee and the Minister of Justice. If the recommendations for new Rules are accespted, they will come into force once implementation activities are complete, which may be as early as January 1, 2010.
The Rules of Court include the fees that must be paid to begin or take steps in a court action. For example, in civil actions there is a filing fee of $200 to file a Statement of Claim or other originating document in the Court of Queen's Bench. By agreement between Alberta Justice and the Legal Aid Society, the filing fee can be waived in legal aid cases. The Rules of Court also provide that in cases where the only relief sought from the court is a restraining order or an order under the Protection Against Family Violence Act, the filing fee will be waived. Applications under the Family Law Act where the Provincial Court and Court of Queen's Bench have concurrent jurisdictions do not have a fee.
Most civil litigation cases are settled before trial. Many litigants are opting for alternative dispute resolution mechanisms such as mediation to avoid the time, expense and risks of trial.
If a trial occurs, generally the winning side is awarded costs against the losing side. These costs are designed to reflect the fact that it costs the litigants to litigate. While the Alberta Rules of Court do not provide for full indemnity, such costs can be awarded by the presiding judge in extraordinary cases.