What Percentage of Criminal Charges in Calgary End in Conviction?

Key Takeaways

• Alberta’s 36% conviction rate is Canada’s lowest of all provinces, compared to the national average of 50%
• Post-charge screening systems contribute to the lower conviction rates, with police laying charges, then Crown prosecutors assessing the viability.
• Provinces like Quebec and New Brunswick use pre-charge screening processes instead, which lead to higher conviction rates of over 70%.
• In Alberta, the majority of cases conclude with no conviction, ending in withdrawals, stays, and acquittals as opposed to guilty findings.
• Diversion programs offer offenders the chance to settle cases outside of the court system without a resulting conviction.

What Do We Mean by “Conviction Rate”?

Before breaking down the conviction statistics, you need to understand what’s being measured.

Court statistics track cases and charges, but these are different concepts. A case is one person going through the court system. A charge is a specific alleged crime. So a single case can involve multiple charges.

For example, a home invasion could result in three charges:

1. Breaking and entering (unlawful entry of a dwelling)
2. Theft under $5,000 (the stolen items from inside the property)
3. Possession of stolen property (being found with the stolen goods)

Or a drug trafficking stop case could include charges for:

1. Possession for the purpose of trafficking (having drugs with the intent to sell)
2. Possession of the proceeds (having cash believed to be from drug sales)
3. Driving while prohibited (if the person’s license was already suspended)

You can see in these examples that three charges stem from a single incident, but all would be processed in one case. So the accused could be found guilty of all, some, or none of these charges in one court case.

This is an essential distinction because conviction rates are calculated based on the cases, not charges. So if someone was convicted on some charges but had others stayed, it would still count as a guilty case outcome.

What Counts as a Guilty Finding?

In Canada, a guilty finding is defined as any case where the accused is convicted of at least one charge in the case. This includes:

• Guilty pleas from the accused
• Guilty verdicts from trial

Conversely, criminal cases that result in not guilty findings have several categorizations:

Acquittals: Cases where the accused is found not guilty after a trial or charges are dismissed. 4% of cases end in acquittals nationally.

Stayed or withdrawn cases: The largest category of non-guilty outcomes, making up 32% nationally. A stay of proceedings is where the court suspends the prosecution, usually due to Charter violations or unreasonable delays. Withdrawn charges are due to prosecutors discontinuing prosecution after witness issues or insufficient evidence, or similar factors.

Dismissed charges: The court can also dismiss charges for any number of legal reasons.

Discharged cases: This also factors into statistics where guilt has been established, but no conviction is actually recorded.

Other outcomes can also come into play where cases are transferred to different jurisdictions or resolved through special courts.

When you combine this broad remit of potential legal outcomes, you can see the high percentage of no conviction cases in Alberta. It can be hard to accurately compare conviction rates across the country.

It should also be noted that criminal conviction rates are recorded at the provincial level, making it challenging to isolate Calgary-specific conviction rates. Calgary’s cases pass through the Provincial Court of Alberta for most criminal matters, or the Court of King’s Bench Alberta for the most serious offences.

That being said, Calgary handles a large portion of Alberta’s criminal court cases, with the city processing 58,503 charges in 2022 and 2023.

Alberta’s Conviction Rate in Context

The conviction rate in Alberta is consistently below the national average. The highlight statistic in 2021 shows that only 36% of cases in the jurisdiction end in a guilty conviction. That’s significantly less than Canada’s national average of 50%.

Adding to this, the number of completed cases resulting in a guilty finding has decreased 22% over the past decade nationwide.

Digging deeper into the statistics, you’ll see the conviction rate swing wildly, with the highest proportion in:

• Quebec (73%)
• New Brunswick (72%)
• Prince Edward Island (66%)
• British Columbia (63%)

This contrast between provinces becomes clear when taking into account the different charging systems used in the provinces with the highest conviction rate.

Pre-Charge vs Post-Charge Screening

Pre-charge screening is used where Crown prosecutors approve a charge before it’s laid by police. Alberta has recently implemented a pre-charge screening process. However, this a new development and not enough time has passed to obtain data as a result of this new process. Post-charge screening still occurs after the charge has been laid and process has issued.

When using pre-charge screening, prosecutors can filter out weak cases before reaching court. With only the strongest cases reaching the court system, conviction rates are naturally higher.

Caseload Implications

In provinces with pre-charge screening processes, there are substantially lower caseloads. In fact, statistics suggest that those provinces have a 22% lower caseload on average.

Higher caseloads mean courts process more cases that ultimately don’t result in a conviction. It creates resource allocation and quality challenges. Ultimately, cases with potential problems aren’t filtered out early.

Research also shows this compelling narrative. An Alberta pilot project suggests that pre-charge screening would reduce charges by 29% and cases by 21%.

Adding to this, a report concluded that if Ontario moved to Quebec’s pre-charge system, caseloads would drop from 93,700 to 70,500.

A Toronto Police Accountability Coalition (TPAC) report that examines criminal charging powers also finds that a percentage of multi-charge cases is a sign of overcharging. Again, this is reflected in the data from post-charge provinces like Alberta, where cases are susceptible to overcharging and, therefore, ending in more charges going without conviction.

Post-Charge vs Pre-Charge Screening Models

As we’ve discussed so far, there’s a difference in the way the charging process operates, either pre- or post-charge. Let’s break down how the assessment occurs.

Post-Charge Model:

1. Police investigate alleged offences
2. Police officers decide whether to lay charges
3. Charges are formally laid in court
4. Crown prosecutors receive the file and assess whether to proceed
5. Cases that don’t meet prosecutorial standards are stayed or withdrawn

Pre-Charge Model:

1. Police investigate alleged offences
2. Police prepare a Report to Crown Counsel (RTCC) with recommended charges
3. Crown prosecutors assess the evidence against charging standards
4. Only approved charges are laid into a court case
5. Cases that don’t meet the standards are screened out before ever reaching the courts

This seemingly small order of procedure has rippling effects through the courts. Alberta’s model enables police officers to make the charging decisions. While this might seem efficient, police officers can lack the legal training of a Crown prosecutor, who would be better able to assess the strength of a case before laying charges.

As the Crown prosecutor in Alberta doesn’t receive the file until the charges have already been laid, their only option is to proceed with the case or issue a stay or withdrawal of proceedings. This is then reflected directly in the conviction data.

Although this post-charge model does have its merits, it ensures that marginal cases still receive prosecutorial reviews.

Prosecutorial Standards Across Jurisdictions

We must also highlight the different evidentiary thresholds for prosecution across provinces:

• Alberta: Reasonable likelihood of conviction (more likely to convict than not)
• British Columbia: Substantial likelihood of conviction (a higher standard than reasonable likelihood)
• Ontario: Reasonable prospect of conviction (slightly lower than more likely than not)
• Quebec and New Brunswick: Reasonable prospect of conviction (but interpretation varies)

As you can imagine, these varying standards contribute further to the different charging and conviction rates.

Diversion and Alternative Measures

Alberta also operates several programs that resolve cases outside normal court proceedings.

Minor offences with no substantial harm to persons or property, such as theft under $5,000, simple assault, or possession of stolen property, are eligible for adult alternative measures programs, which take four to eight months and result in charge withdrawal.

Mental health issues can be referred from the criminal justice system to appropriate treatment. Alternative measures can be used for diversion, particularly through the use of caution letters. This helps to remove some cases from the traditional courts, but also further reduces conviction statistics.

Jordan Timeline

The Supreme Court also established maximum time limits for criminal cases after the landmark 2016 R. v. Jordan decision. It means that from the time charges are laid, provincial courts must be tried in 18 months, and superior courts 30 months, excluding certain defence delays.

If a case exceeds this presumptive ceiling without justification, a stay of proceedings is issued. No trial occurs, and no conviction is possible.

The Jordan timeline has had a fundamental effect on how criminal cases are tried, with courts prioritizing scheduling and case flow management, but it does add pressure to high caseload provinces.

Alberta’s average lead time to trial, for serious matters, is 25 weeks, which is below this threshold. The Jordan timeline still impacts cases. Between 2018 and 2023, 40 cases ended in a stay due to Jordan applications in Alberta.

Despite these pressures, Alberta still achieves a strong provincial clearance rate above 100%. It was 104% in 2022-23, showing that more cases are concluded than started.

Conviction Rates by Offence Type

Alberta doesn’t have specific data by offence category, or at least it’s not readily available. However, we can see national patterns that provide insights into how different crimes are prosecuted:

Violent crimes tend to have a higher conviction rate, usually with more serious consequences. This motivates thorough investigation and a greater likelihood of physical evidence and victim testimony. The most serious crimes have a higher prosecutorial priority.

Property crimes have more moderate conviction rates depending on the quality of evidence and whether the accused is caught in the act. This might be from video surveillance or being found in possession of stolen property, compared to cases that are investigated later.

Drug offences have a variable conviction rate as there’s a huge discrepancy in the type and quantity of substances involved. These cases often hinge on the circumstances of discovery, particularly regarding search and seizure issues.

Administration of justice offences, when there’s a breach of conditions or failures to appear, have higher conviction rates as there’s clear documentation of breaches and less complex legal issues. The evidence requirements are straightforward and easy to understand.

Calgary’s Crime Patterns

In Calgary specifically, we can analyse the local offence mix. Calgary’s crime patterns influence how provincial conviction rates apply locally.

Using police service data, we can see that there were a total of 15,270 victims of violent crimes in 2023, which include:

• Over 10,375 assaults
• 1,371+ sexual offences
• 1113 robberies
• 21 homicide cases

Compared to property crime patterns, the total reported crimes were 50,751.

From understanding local Calgary crime patterns, we can gain insight into conviction rates. For example, if there is a proportionally higher number of property crimes, which have a lower conviction rate compared to violent crimes, this can affect local outcomes but still fall within Alberta’s overall conviction statistics.

We should also distinguish between police clearance rates vs conviction rates when looking at the statistics. Police clearance rates are the percentage of crimes solved by police. These are different from court conviction rates. The police clearance rate indicates police investigative success, not court outcomes. So a cleared case can still result in a stayed or acquitted charge at court.

Calgary police clearance rates in 2023 were:

• Violent crimes: 56.1% cleared
• Property crimes: 13.1% cleared
• Homicides: 57.1% cleared

You can see the discrepancy in police clearance rates depending on the type of crime, with more violent, serious crimes having higher investigative success than less serious categories.

Case Timelines and Their Impact

Alberta’s average of 25 weeks is higher than Canada’s national average of 20 weeks, but below Quebec’s 35 weeks. So in terms of the region’s efficiency in case completion, it sits in a moderate range.

According to completion data from within the last 10 years, relatively efficient case resolution is generally thought to help the quality of cases while still allowing adequate time for proper case preparation and Charter compliance.

Delays in proceedings can significantly affect outcomes for several reaso

As mentioned previously, Jordan applications come into effect when a case exceeds the presumptive time limits of 18 months for the provincial court. In this scenario, a defence can apply for a stay due to unreasonable delays from the prosecution.

Longer processing times also result in evidence degradation. Witness memory can deteriorate, physical evidence can degrade, and witnesses can become unavailable or simply reluctant to testify.

So efficient case processing in Alberta likely helps maintain the conviction rate potential. However, it could also cause undue pressure to process cases quickly, which could have the opposite effect of more stays or withdrawals if preparation is not diligent.

What Happens After a Guilty Verdict?

If you are facing criminal charges in Calgary, you won’t just want to know your chances of conviction… You’ll also want to know what happens if you are found guilty.

Court statistics in Alberta follow patterns to national trends, with just under half (43%) of guilty cases ending in probation, the most common sentence. This translates to a probation length of 365 days on average.

While custodial sentences are still significant, they occur in a minority of outcomes. In addition, fines are common for less serious offences.

If you are facing a custody sentence, then 48.4% of custodial sentences are one month or less, according to 2022-2023 public safety data. Custodial sentences of six months or less make up 79.5% for males and 83.7% for females.

The gender differences are interesting, with females tending to receive shorter sentences on average. This could be as simple as a difference in the types of crimes committed between each gender.

On the whole, Canadian sentencing looks towards rehabilitation and community integration where appropriate. The majority of convicted individuals serve sentences in their community, either through probation or conditional sentences, rather than prison time.

Alberta, in particular, is known for alternative measures that affect conviction completion rates. They have high success rates for those who participate, with programs that typically require four to eight months to complete and then result in charge withdrawal rather than conviction.

Alberta’s emphasis on diversion programs means that individuals in Calgary who might be convicted in another province can resolve their case in alternative ways. This intervention reduces the number of cases actually reaching a sentencing stage and a successful conviction completion.

When breaking down the data specifically for Calgary, there’s an important distinction when understanding the reporting. When reviewing charges, conviction percentages, and case outcomes, the statistics reflect Calgary’s police service compared to Alberta’s Provincial Court system.

The Calgary Police Service gives detailed annual statistics on charges laid and crime trends. However, Alberta’s Provincial Court system determines conviction outcomes. So they process all criminal cases from Calgary and cases from across the region.

Practical Implications for Those Facing Charges

If you or a family member is facing criminal charges in Calgary, then the statistics offer important context but shouldn’t be relied upon entirely.

A 36% conviction rate does mean that about two in three cases don’t end in a guilty verdict. Of course, that doesn’t take into account your individual case. There are many factors beyond simple statistics that affect the outcome of charges and cases.

What you won’t find in local and national statistics are:

• The strength of evidence in your specific case
• Specific circumstances and defences available
• The prosecutor’s assessment of your particular charges
• The quality of legal representation

High-quality, experienced legal counsel can be a critical factor in the outcome of your case.

You might be buoyed by Alberta’s low conviction rate. However, each case is dependent on its specific facts, evidence, legal issues, and defence team. The critical importance of your legal representation can’t be understated.

National and provincial data consistently show that legal representation significantly impacts outcomes. Data shows that cases with complete representation took an average of 160 days to complete, compared to those with intermittent legal representation taking an average of 298 days to conclude.

The quality of legal representation does not just affect speed and conviction likelihood; it can also weigh in on the severity of the sentence imposed based on the strength of your defence.

Generally, there are three types of available representation for the accused:

1. Private counsel: The accused can hire complete private counsel
2. Legal aid: They could access income-qualified legal aid
3. Duty counsel: Limited to court appearance assistance

In Calgary and wider Alberta, the complexities of post-charge screening and options of diversion programs mean that experienced counsel offers another edge in navigating outcomes that might not be understood by unrepresented defendants.

Conclusion

When answering the question of what percentage of criminal charges in Calgary end in conviction, there is a complex picture to unravel.

In short, 36% of adult criminal cases in Alberta result in guilty findings. That’s Canada’s lowest provincial conviction rate, a figure that encompasses cases through the Calgary courts.

This number is also shaped by Alberta’s approach to charging and convicting the accused. The fact that police lay charges first and then Crown prosecutors assess the viability clearly contrasts with pre-charge provinces. The Calgary courts will process more cases, but conclude that many don’t actually meet prosecution standards.

Additionally, diversion programs and alternative measures are prevalent in the province, so eligible cases are often resolved outside of traditional prosecution.

FAQ

1. What’s the conviction rate in Calgary?

The conviction rate in Alberta, including Calgary, is 36% for adult criminal cases, which is the lowest provincial conviction rate in Canada.

2. Why is Alberta’s conviction percentage lower than other provinces?

Alberta has a lower conviction rate because it uses a post-charge screen system. Police lay charges before Crown prosecutors review the cases. Adding to this, diversion programs give offenders the ability to avoid courts and potential convictions.

3. Are cases stayed/withdrawn because of weak evidence?

Yes, cases can be stayed or withdrawn due to weak evidence. This is because the prosecution must prove guilt beyond a reasonable doubt, which is tough without strong evidence.

4. How long do criminal cases take in Alberta?

There’s no fixed time for a court case in Alberta, but the Jordan timeline means serious offences must start trial within 18 months of charges being laid. On average, the lead time in Alberta for serious cases is 25 weeks.

5. What is the most common sentence if convicted in Alberta?

The most common sentence for conviction in Alberta is probation. For custodial sentences, the majority of sentences are 6 months or less for both male and female offenders.

6. What are the chances of beating a criminal charge in Alberta?

The chances of beating a criminal charge or not being convicted are 64%. This depends on a number of factors, including the type of charge, case, and quality of the defence team.

7. Do most criminal charges in Alberta get dropped?

Alberta has a high non-conviction rate. Police lay charges before prosecutors review the case, so this leads to more charges being withdrawn than in other provinces.

8. Can hiring a lawyer affect your chances of avoiding conviction in Alberta?

Yes, retaining a lawyer directly affects your chances of conviction in Alberta. Highly experienced full legal representation helps to present a strong defence case and can find options to avoid conviction, such as diversion programs.