Ankle monitoring in Alberta a moot point without Criminal Code changes, critics say

Albertans convicted or accused of a crime can now be ordered to wear 24/7 ankle monitors that electronically track their movements using GPS.

The move was first announced in March 2024.

Public Safety Minister Mike Ellis said the move, which came into effect Jan. 15, gives courts another tool to consider when determining sentencing or bail conditions, and will help combat crime.

The province added it is meant to target those who pose a public safety risk, and it comes in response to what it calls the country’s “catch-and-release” bail system.

However, the Criminal Trial Lawyers Association said the provincial government doesn’t actually have the legal authority to tell judges to enforce it.

“The Criminal Code is dealt with by the federal government and that Criminal Code has not changed in Alberta, now that we’re asking the Crown to now asking to have these ankle bracelets put into place,” said Shawn King, vice-president of the Criminal Trial Lawyers Association. “Judges are still bound by the Criminal Code and all those procedures.”

“It doesn’t change the process of bail at all.”

A statement from Alberta Justice said the province continues to push Ottawa for federal bail reform.

Before, electronic monitoring in Alberta was typically managed by private companies, primarily within regular business hours.

The new monitoring, done by Alberta Correctional Services, will cost taxpayers $2.8 million the first year. The full funding of $5.25 million will begin in 2025-26.

King said the government funding the system is a bonus for offenders, who previously had to pay for their monitors themselves — something that was a barrier for low-income or homeless Albertans.

“It’s actually, I think, benefiting the accused person more than anybody else at this point,” he said.

1:49 Alberta government introducing ankle monitoring program for high-risk offenders

The ankle bracelets will use GPS tracking to ensure offenders do not violate their bail or community release conditions, including by visiting the residences of victims.

King said it remains to be seen how useful live tracking will be.

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“If you’re about to assault your domestic partner and the police know that you’re in the vicinity or in that area, are the police going to be able to get there fast enough to stop it? Or is this just going to be a little bit of more evidence that this took place at the end of the day? It remains to be seen.”

Criminologist and former Edmonton Police Service member Dan Jones agreed, saying while more monitoring isn’t a terrible idea, it’s not going to fix the bail system.

“They’ve actually show more efficacy with sex offenders than they do with other offending. And so it’s a tool, but it’s not the panacea to fix everything that is, you know, offender management,” Jones  said.

He also noted more monitoring can lead to more requests for police to be dispatched when an offender violates their conditions — which could impact response times.

“We’ve got a very large city with a lot of people, which reduces response times at times. And now you’re going to put a bunch of ankle monitoring and then expect the police to get on those quickly. So that becomes, you know, an issue of police prioritizing these these ankle monitors,” he said.

Ankle bracelets are typically requested for higher level criminal offences, King said, such a homicides, aggravated assaults, repeat or prolific offenders, people at risk of fleeing, or other complicated and/or serious cases.

23:24 The West Block: Judges need to ensure stricter bail principles are being upheld, Justice Minister says

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Introducing the ankle monitors follows a United Conservative Party campaign pledge to fund monitoring that dates back to 2019.

Jones said there are better ways to achieve the government’s goal,  such as a technique called focus deterrence.

It’s a crime prevention strategy – also known as pulling levers approaches – in which high-risk offenders receive concentrated law enforcement attention and, simultaneously, social services.

“You provide them with opportunity, you sit and talk to them, you develop a relationship with them, and then you start to look at how you get those individuals on to pro-social behaviour,” Jones explained, adding the approach is unique for each offender and the type of crime they commit.

“I think investing that type of time is going to be a better way of of dealing with crime is, is getting people out of those criminogenic factors rather than using an ankle monitor to either prevent them or catch them when they do it.”

The province said following an open procurement process, in August 2024 it selected SCRAM Systems as the technology vendor for the ankle bracelet electronic monitoring program. The estimated end date for the electronic monitoring vendor contract is March 31, 2029.

Global News reached out to Public Safety Minister Mike Ellis for an interview on Wednesday, but was told he was not available.

A statement sent by a ministry spokesperson later in the day said:

“The courts are independent of the government and justices are free to use their discretion in determining whether electronic monitoring would be an appropriate condition in a bail or sentencing decision.”

With files from Jasmine King, Global News, and The Canadian Press

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