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To reconsider a council decision, one of the councillors who voted in the majority must move to reconsider the matter and get the support of a majority of seven members of council to put the matter back on the agenda. Why would the majority of Town council support that when the opportunity for public input already existed? Hinton Town Council values your timely input as your opportunity on important issues to provide feedback between elections. Sometimes, citizens assume a proposed motion or by-law will get support, and therefore don’t submit their comments before a decision is made. This can lead to disappointment after the decision” is made. Please don’t assume the proposal will be supported. Public comments supporting and not supporting a matter, preferably with reasons, should be provided. Particularly when public feedback was invited, Hinton town council will not reconsider the matter. It’s easy, simply go to Town’s main website under “Hinton Listens” and-then “share a concern”, or phone your favorite councillor, or answer a Town survey, etc., etc. Bottom line, to be heard, please submit your comments in a timely fashion when invited to do so.
The Town of Hinton knows that when winter weather hits, our residents want to get out and enjoy it! We also know that all residents want the investment into outdoor recreation to be used well, which is why we have a couple of procedures to manage when we get to work getting the outdoor rinks into skating shape.
Please also understand that our organization will always prioritize staff for path, sidewalk, and roadway clearing over outdoor rink maintenance. When snow comes, our staff are tasked with high priority activity.
Due to Hinton's climate, it is not uncommon for there not to have been enough consistent cold weather to freeze and maintain the ODR's until late December or early January.
Many users want to help us keep the outdoor rinks in skating shape, and we're grateful for the assist! We welcome your time investment on the outdoor rink surfaces (at your own risk) with clearing snow.
The idea of using the fire department to help get outdoor rinks up and running seems like a natural fit! However, the reality of ice maintenance makes it so this would only be feasible if they were to mist the surface multiple times, over a longer period of time, when it is consistent cold. Anecdotally, this has taken 2 full nights of 10 hours each in the past.
Unfortunately, putting inches of water on the outdoor hockey rink and leaving it be is not the correct way for our ice maintenance program.
- A court house of the jurisdiction under which the ticket was issued- A registries office- Money order or Cheque to the Provincial Court House indicated on the ticket.
With no demerits attached, ATE tickets do not affect insurance or drivers record.
No one should receive 2 stop sign tickets in a 24 hour period. Anyone who do is encouraged to please contact the Protective Services Department.
As per the Town of Hinton Animal Control Bylaw, “the owner of a dog or cat shall obtain a license for their dog before the first business day of January of each year.” The bylaw also states that if you have acquired a animal, you must register it within seven days of getting the animal. The seven-day requirement would also apply to new residents.
Contact the Executive Assistant at 780.865.6072 to arrange for the mayor and/or councillors to attend your event or grand opening.
If your concern is of an administrative nature, Town Council does not rule on these matters and the Town Manager has the final decision.
At the moment (summer 2019) we are addressing at least one out of three graves (far more than normal sunken volumes of one in five) showing a high need for additional soil (and time) resources. Some water table shifting is being observed even for grave sides older than 20+ years.
Parks are continuing to be engaged in maintenance of this area, but ongoing wet conditions is complicating the work, including leading to tracks of machinery, etc. in the area. The Town is limited by weather and soil conditions, and weather patterns are anticipated to remain wet for the near future.
New graves are covered over with gravel/dirt layer up to 1 foot below grade / finalized with black soil layer. These graves are then monitored for settling and topped off as needed.
With administration support, gravestone placement may be arranged and separately placed on undisturbed soil.
The seeding of grass will occur as per season and conditions requirements.
Older graves are monitored seasonally for settling and topped off as needed, in addition to re-seeding (grass) as required.
The Town also offers admin support connecting with the family to discuss actions regarding grave stones in the case of issues like sinking/breakage.
During the mowing of gravesites the observation of required top off of soil is referred to the Parks Supervisor to be taken care of. On average graves get topped up in the first ten years roughly bi-annually. During heavy rainfall periods the water table changes and will increase the amount of sites needing top up (to over one out of 5 graves).
Sign-out occurs starting at 4pm in the same place. On the registration form there is a spot for you to indicate who is authorized to pick up your child(ren). If this has changed prior to the week of camp, please notify the Camp Coordinator. The authorized people are the only people that we will send your child(ren) home with. Photo I.D. will be required at the time of pick-up. A handwritten, signed note is required if your child may leave on his/her own at the end of the day (if we have not yet been notified).
When parents are late picking up their children, we are required to pay our staff for extra time worked. A staff member is required to stay until all children are picked up. Any parent picking up after 5pm will be charged $5 cash for every 15 minutes they are late.
Staff training includes workshops, keynote speakers, and hands-on leadership opportunities. All staff are required to have Standard First Aid, CPR C, and a Criminal Reference Check with Vulnerable Screening.
DO NOT SEND TO CAMP: • Cell phones, iPods, iPads, Nintendo DS’s, or any other electronic device • Toys, Money (we will not go to the snack bar), Valuables • Flip-flops, crocs or other easy-to-lose shoes
Sports: Each day, we learn FUNdamental sport skills, try physically activity activities and learn from the experts. On Tues & Fri, we also swim during a private rental time. On Thu, we do out-trips. On Fri, we have an optional pizza lunch.
Stages of discipline for inappropriate behavior: 1. Child is given a verbal warning and instructed that their actions are not acceptable at Discovery Camp. Child receives a time-out if behavior continues, a Coordinator is involved, and the child’s parent is informed at the end of the day that if the child’s behavior continues, the child will not be welcome at Discovery Camp for either a short period of time or the rest of summer.
2. Child is isolated from the activity and a parent is asked to come pick their child up. The child may be suspended or permanently dismissed from further camp days and fees for the missed days will be reimbursed.
3. Extreme misbehaviour such as bullying, use of inappropriate language, physical violence, ignoring or disrespecting Camp Staff, stealing or destruction of property may result in a decision between the Camp Coordinator and Recreation Coordinator to bypass the above steps.
The Fire Department cannot inspect fireplaces and chimneys. Insurance companies will request a Wood Energy Technology Transfer (WETT) certified inspection. You can stop by the fire station and pick up a free guide to residential wood heating for further information on fireplaces and wood-burning appliances.
The Residential Tenancy Dispute Resolution Service (RTDRS) offers landlords and tenants an alternative means of resolving serious disputes outside of court. The RTDRS is designed to be faster, more informal and less expensive than the courts.
A tenant or a landlord who has concerns related to an eviction, unpaid rent/utilities, security deposit, damages, repairs or other common disagreements may use the service. RTDRS Website
There is often a little confusion about what a mobile home park owner is responsible for and what the municipality is responsible for when it comes to mobile home parks. See our handout (PDF) to learn different service providers' responsibilities to mobile home parks.
You can also give us a resume, but we do not need both. We would prefer a resume, simply because it usually tells us more about you. Job Opportunities
The Snow Removal Policy outlines the order that work will be carried out. It is as follows:
1. Major arteries and intersections
2. Bus routes and secondary arteries
3. School zones, downtown core and commercial districts
Contact info: Infrastructure Services
It is unlikely that there will be a left turn while Highway 16 is under Alberta Infrastructure control and the safety concerns on Highway 16 outweigh the traffic concerns from Eaton Road. The proximity of the Switzer Drive overpass, the curve and the hill on the highway make traffic safety a major concern. Contact info: Infrastructure Services
There is a stop line for Gregg Avenue (on the south side) to allow Gregg Avenue traffic the option of going straight through along Gregg Avenue or turning onto Highway 16 or Mountain Street. The stop line at Highway 16 or the north side of Gregg Avenue on Mountain Street is for those vehicles that are turning from Gregg Avenue onto Highway 16 to wait until they can enter the intersection or alternatively, for those vehicles that become trapped in the Gregg Avenue intersection when the lights change. The intent is for traffic approaching Highway 16 on Mountain Street to stop at the Gregg avenue stop line bar to allow for free movement through the intersection from the Gregg Avenue and the Highway 16 traffic. Contact info: Infrastructure Services
There are several reasons for plowing the snow to one side:
1. The streets are less clogged resulting in more efficient traffic movement after the street has been plowed.
2. The fire hydrants are not surrounded with piles of snow.
3. Snow plowing is done faster due to the fact that driveways only have to be cleared on one side of the street.
4. This method of plowing reduces operating costs.
In most cases, the decision as to which side of the street to place the snow is generally determined by the location of the fire hydrants. Attempts are made to plow the snow to the opposite side of the street from the hydrants, but exceptions can apply where public lands may be available for snow storage or where fewer homes are located on one side versus the other side of the street. Contact info: Infrastructure Services
The Town of Hinton has the option to cancel your plan if there are more than 2 non-sufficient fund (NSF) returns in a calendar year, utility arrears are transferred to your tax account due to non-payment, or if there is an outstanding balance on your tax account on December 31. In default of payment or termination from the plan the full amount of outstanding taxes becomes due and payable and subsequently will become subject to terms and penalties within Bylaw Number 800-1.
The conditions and information contained within your Development Permit are important. As the landowner, you are responsible for fulfilling the conditions of the development permit, complying with the land use bylaw, and obtaining any other required permits (e.g., building permit).
If you are unsure about any requirements, we would be happy to explain or clarify for you. For more information, please contact Development Services at 780.865.6010.
The development deposit is returned once a project is complete and the conditions within the Development Permit are satisfied. Please contact the Development Services at 780.865.6010 for more information or to request a final inspection.
Maps of Hinton are available online for free. These maps contain information on the:
Parkland and green space adjacent your property is considered public space. Please do not dump debris there, use it as storage, or landscape the area, as most parkland is meant to be left natural for all to enjoy. Please help us keep our parks clean and fun for everyone.
The property line is typically well back from the edge of the sidewalk in residential neighbourhoods. Please refer to a Real Property Report (RPR) of your lot to determine the location of the property lines. Fences or retaining walls are not an accurate reference, as they often do not follow the property line exactly.
Visit http://education.alberta.ca/admin/funding/tax.aspx for more information.
Provincial legislation specifies that the funds for schools are to be collected by municipalities. The public and separate school boards' determine the requisition revenues required to be paid by the Town, and the total levy is distributed among taxpayers through their property tax bills.
Property assessment is the process of estimating the market value of your property for taxation purposes. The property taxes that you pay are calculated in proportion to the value of the real estate you own. Assessments are used to distribute the tax burden in a fair and equitable manner. The Town of Hinton contracts Powers & Associates Appraisal Services from Beaumont, Alberta to prepare the property assessments.
Taxation is the process of applying a tax rate to a property’s assessed value to determine the taxes payable by the owner of the property.
Assessed Value x Tax Rate / 1000 = Property Taxes
Property taxes are a primary source of revenue for municipalities and are used to finance local programs and services. Each year, municipalities determine the amount of money they need to operate and from this amount, known revenues such as licenses, grants, permits, and user fees are subtracted. The remainder (revenue requirement) is the amount of money the municipality needs to raise through property taxes to provide services for the year. The primary goal is fair and equitable distribution of tax.
The property tax payable is calculated by multiplying your taxable property assessment by the tax rate. The tax rate is determined by dividing the total revenue by the total assessment base of the municipality.
Market value is the valuation standard set by provincial legislation and is the basis for property valuation across Alberta. Market value is the probable price your property could sell for in a competitive and open market, as of the given date. The market value on your 2018 Assessment and Tax Notice is based on a legislated valuation date of July 1, 2017 and reflects the physical condition of your property as of December 31, 2017.
Market value assessments are prepared using mass appraisal. For residential property, assessors compile, review, and analyze information from all legislative real estate sale transactions that have occurred in Hinton over a 12-month period. This process results in the estimated value of your property as of July 1, 2017.
The residents of Hinton have been privileged to access this area in the past, with the consent of the landowner. A decision by the private owner of this land to restrict public access to these trails and open spaces has been made. All signage must be obeyed as with any other privately-owned property.
Ultimately the decision to reopen trails and open spaces within the privately-owned land lies with the landowner, and at this time the Town is not aware of any plans to develop trails or open spaces further for public use.
The landowner has been preparing the land for possible future development. The removal of trees assisted with Mountain Pine Beetle tree removal, and fire hazard reduction on the parcel of land. This was not initiated or required by the Town but we supported the work due to these overlapping benefits to the community.
The Town cannot provide contact information for the landowner. Any development permits for development of these lands will be made public at the time they are issued.
AccusedThe person charged with a crime.
AcquittalA court finding of NOT GUILTY.
AdjournmentA temporary delay of court proceedings.
AffirmationA non-religious oath given by a witness before testifying, promising that the evidence they offer is to the best of their knowledge, the truth.
AppealAn application for a judicial review by a higher court of a lower court’s decision.
Appearance NoticeAn order that tells the accused to go to court at a specified time to answer charges that have been laid.
BailFinancial or other security put up by the accused or by someone on the accused’s behalf as an assurance that the accused will appear in court on the date of trial.
Beyond a Reasonable DoubtIn criminal cases the Crown has to meet a standard of proof beyond a reasonable doubt. The Crown must show that the evidence is so complete and convincing that the judge/jury has not reasonable doubts about the accused’s guilt.
ComplainantThe victim of an alleged crime.
Conditional DischargeOccurs when the accused, after being found guilty, is discharged under certain conditions ordered by the judge. If the accused complies with the conditions, he or she will not have a criminal record.
Conditional SentenceA sentence that is served by the offender in the community. The offender would remain in the community under supervision and would be required to abide by a number of conditions.
Contempt of CourtInterfering with the administration of justice or ignoring the rules of the court.
CorroborationEvidence that supports or confirms other evidence of testimony.
Cross ExaminationBoth the Crown and the Defence counsel have the right to question (cross examine) a witness by the other side.
Crown ProsecutorA government appointed agent who prosecutes criminal offences on behalf of the Attorney General of Canada. The Crown presents all relevant evidence to the judge or jury that sheds light upon the offence of which the accused is charged.
Court of Queen’s BenchTry the most serious criminal and civil cases including cases involving large amounts of money and Family Law including divorce, custody and property settlements.
Docket CourtProvincial court of first appearance in which trial dates are set or guilty pleas entered.
ElectionThe procedure by which an accused chooses to be tried by Queen’s Bench Judge and Jury, Queen’s Bench Judge alone, or by a Provincial Judge.
Election by the CrownProcedure under which the Crown decides whether to prosecute a case as a summary conviction offence (less serious penalty) or as an indictable offence (more serious).
Indictable OffenceA category of criminal offences that are usually more serious crimes and carry greater maximum sentences. (i.e. Sex assault). It may carry a penalty ranging from a fine to life imprisonment.
Intermittent SentenceA prison term of 90 days or less given to a person convicted of an offence. The time is usually served on a weekend in most cases – which allows the convicted person to continue with his employment.
Judicial Interim Release“JIR” A Court order granted by a judge or Justice Of The Peace releasing the accused from custody on his/her own bond or promise to appear.
Legal AidLegal services for those who cannot afford to hire counsel and offers different kinds of help depending on your legal problem and where you live in Canada.
No Contact OrderA court order preventing the accused from seeing or speaking to someone.
ParoleThe early release of an offender from incarceration in which he/she serves the remainder of his/her sentence in the community under supervision and specific conditions.
PerjuryWhen a person gives evidence in court that he/she knows is false. Anyone who commits perjury is guilty of an indictable offence and may be liable to imprisonment for a term not longer than 14 years.
Plea BargainingProcess of the Crown accepting a guilty plea on a lesser charge instead of incurring the expense and problems of a trial on the original charge.
Preliminary Hearing“Pre Lim”, Court session held before the trial so that the judge may determine if there is sufficient evidence to justify holding a trial.
Pre-Sentence ReportA description of the accused’s family life and personal situation, prepared by a Probation Office, which the judge uses to help in deciding an appropriate sentence.
ProbationCourt order which releases a convicted person under supervision and with direction to obey certain conditions.
RecognizanceAn accused is released on his or her own recognizance when the Judge or Justice of the Peace gives permission for the accused to be released on bail, subject to the conditions specified on the appropriate form.
RemandTo send or order back to prison.
Reserve JudgmentA judge hearing a case may decide to take some time to do research, study the law or review the evidence presented at the trial before making a decision.
RestitutionAn act of repaying or compensating for loss, damage, or injury.
Show Case HearingA Hearing where the Crown Attorney must convince the court that the accused should be kept in jail until the trial.
Statutory ReleaseA form or conditional release that allows most federal offenders to serve the last third of his/her sentence in the community.
Stay of ProceedingsA suspension of court proceedings on a particular charge but that can come back within a year.
SubpoenaAn order directing a person to appear in court as a witness.
Summary Conviction OffenceA category of criminal offences that are usually less serious crimes and carry lower sentences.
SummonsLegal document ordering the appearance in court of an accused person.
SuretyPerson who agrees to be responsible for the accused’s appearance in court.
Suspended SentenceJudge’s order that the sentence given a guilty person need not be imposed, provided that the accused meets certain conditions set by the court. If the accused does not meet the conditions, the Judge can pass sentence on the original charge. A new charge may be laid for breaking the suspended sentence.
Temporary AbsenceAn escorted or unescorted temporary absence from prison in order to receive medical attention, have contact with family, undergo personal development and/or counselling, participate in community service projects or can be granted on compassionate grounds such as a funeral.
TestimonyAny evidence given.
VerdictA jury’s finding in a case. It must be unanimous.
Victim Impact StatementA written account of the personal harm suffered by a victim of crime. It may include a description of the physical, financial and emotional effects of the crime. It must be taken into consideration by the judge. Voir DireTrial within a trial to determine the admissibility of certain evidence.
WarrantCourt order giving legal authority to arrest a person.
WithdrawalWhen charges against the accused are withdrawn, no further action will be taken against the accused on that particular charge.
Young OffenderThose aged 12 to seventeen are considered youths under Canadian Criminal Law and fall within the scope of the Young Offenders Act.
A Victim Advocate may assist a victim/witness who appears in court. This court support may have up to three phases:
1. Court orientation - Helping the victim/witness get ready for the experience of appearing in court. Court orientation is intended to assist a victim/witness to:
Understand the court environment and court process.Cope with the stressors of the situation.Victim Advocates court orientation is about the court environment and court process. The Victim Advocates’ court orientation process involves assessing and addressing the needs of the victim/witness with respect to information, safety, and support. The court orientation provided by a Victim Advocate does not involve discussion of testimony. In fact, the Victim Advocate must not discuss the victim witness’s evidence. Crown prosecutor preparation with a victim/witness is about the evidence to be presented.
2. Court accompaniment – Victim Advocates may assist victims by accompanying them to court. The victim may want to be in court to observe the proceedings or a victim may be required to be in court as a witness.
Victim Advocates may also assist victims after a trial and after sentencing, in cases where the victim needs to interact with the Correctional system regarding the status or location of the convicted offender.
3. Court follow-up – Victim Advocates ensure the victim/ witness has follow-up information and assistance as appropriate.They can assist the victim/witness to convey concerns to appropriate people in the court or criminal justice system, or refer the victim to other community resources.
Depending on the wishes of the victim/ witness, a Victim Advocate may be involved in any or all of these phases of court support.
Provincial Court – Edmonton – Queen’s BenchPh: 780-422-2200
Civil Division, Main Floor Law Courts1A, Sir Winston Churchill Square Edmonton, Alberta T5J 0R2
Edmonton Courts ServicesFor General Information Call:780-427-2745 or 780-422-2426 (Hours: 8:15 am to 4:30 pm, Monday to Friday)
Family Justice ServicesPh: 780-865-8384 Fax: 780-865-8253 780-361-1204237 Jasper Street West, Pembina Avenue, Hinton,ABwww.albertacourts.ab.ca
Court of Queen’s Bench – Criminal DivisionPh: 780-422-2410
Community CorrectionsPh: 780-865-8270 Fax: 780-865-8319560 Carmichael Lane, Hinton AB
Crown Prosecutor’s OfficePh: 780-865-82852nd Floor, Mount Miette Building, 201 Pembina Ave, Hinton, ABwww.justice.alberta.ca
Application for a Restraining OrderA package referred to as ‘Package #24, Restraining Order Without Notice’ is available at the Family Justice Services, Family Law Information Centres or at the front counter of any other Court of Queen’s Bench office. There is no fee for the package or for the application.
- Must be obtained in combination with another legal action (e.g. divorce)- Victim seeks restraining order through the Court of Queen’s Bench. Victim must complete affidavit or questionnaire as part of the application process- Application must happen during normal court hours- Lawyer not required though one may be helpful- No court fees for the application, but will require a process server to serve the restraining order on the accused- Restraining order is not in effect until the accused has been served notice- Can be put into effect fairly quickly (within 24 hours) Conditions
- Can be ordered for up to 6 months, and can be renewed- Violations of the restraining order are not a criminal offence. If the restraining order is breached, the offender could be cited for civil contempt- Restraining orders are public documents. Some individuals (i.e. those in same gender relationships) may be reluctant to apply Things to remember- A copy of the restraining order should be kept on the victim at all times, in case the victim needs to verify that a restraining order is in effect- If a respondent violates a restraining order, notify police immediately- If the respondent is unlikely to comply with the restraining order, the police may not be able to protect the claimant. The claimant should arrange for other safety measures as well as the restraining order
A Queen’s Bench protection order may be issued during the review of an emergency protection order or may be ordered after an application before a Queen’s Bench Justice.
Available only to victims of family violence, as defined in the Protection Against Family Violence Act (please see Domestic Violence module).
A Queen’s Bench protection order could be helpful to a victim of domestic violence who would benefit from some of the other conditions available only through a Queen’s Bench protection order.
In addition to all the condition of an emergency protection order, a Queen’s Bench protection order can also include the following conditions:
- Require the abusive family member to reimburse the claimant for monetary losses suffered as a result of family violence (for example, legal expenses, loss of earnings or support, medical and dental expenses, moving and accommodation expenses, out-of-pocket expenses for injuries, legal expenses and costs of an application for the protection order)- Allow either the claimant or respondent to temporarily possess specified personal property such as a vehicle, cheque book, bank cards, children’s clothing, medical insurance cards, identification documents, keys or other personal effects- Instruct either the claimant or respondent not to deal with or harm property in which they both have an interest- Require the respondent to post a bond to ensure compliance with the terms of the order- Require the respondent to receive counseling- Authorize counseling for a child in the care of the claimant, without consent of the respondent- Any other provision that the Court considers appropriate
A Queen’s Bench protection order is not in effect until the respondent has been served notice of the order.
Application for a Queen’s Bench protection orderWhen a Justice of the Court of Queen’s Bench reviews an emergency protection order, the Justice may revoke, continue or change the order. If the Justice continues or changes the order, it then becomes a Queen’s Bench protection order.
No application process or fee is required of the claimant if a Queen’s Bench protection order is granted as part of an emergency protection order review.
Victim application for a Queen’s Bench protection orderA victim of family violence may apply directly to the Court of Queen’s Bench for a Queen’s Bench protection order.
The victim may appear before the court without legal representation; however, obtaining a lawyer would be helpful. The court may also give permission for the victim to be represented by someone other than a lawyer.
When a victim applies directly for a Queen’s Bench protection order, the victim can hire a lawyer privately, or obtain a lawyer through Legal Aid, or through Court-based victim assistance programs in Edmonton and Calgary.
Individuals who have applied for a Queen’s Bench protection order should consider requesting that that it includes a provision requiring the respondent to come back and satisfy the court that all conditions have been met.
A Queen’s Bench protection order can be ordered for up to one year and may be extended for further one year periods.
Changing a Queen’s Bench Protection OrderIf the victim would like to change a Queen’s Bench protection order, she or he may complete an Application and Affidavit to explain the rationale for the changes. This is submitted to Court Services and a court date is scheduled and the victim is required to hire a process server to notify the respondent of the court date.
If only the respondent would like to change the Queen’s Bench protection order once it is in place, the respondent would have to file an appeal within the appropriate time.
If the claimant moves and wants the respondent to continue to be restrained from going to the victim’s new home, the claimant should seek a new provision for the Queen’s Bench protection order.
Conditions and limitations of a Queen’s Bench protection orderThe Queen’s Bench protection order is not in effect until the process server or lawyer hired by the victim has served notice to the respondent.
Violation of a Queen’s Bench protection order may be a criminal offence or the basis for a citation for civil contempt.
The claimant is responsible for informing the police if an order has been breached.
If the claimant allows the abusive person back into the home, the respondent may technically be in violation of the order regardless of the claimant’s intention. However, the circumstances of the violation might make it difficult to enforce the protection order. As well, contact by the claimant may make it harder to obtain a protection order in the future, especially if no further acts of family violence occur during this contact.
The Protection Against Family Violence Act’s provisions prohibiting contact may apply on First Nation reserves. However, each Band Council must pass a resolution to amend its bylaws to adopt the provisions included in the Act, in order for the Act to be applicable.
Things to RememberA copy of the Queen’s Bench protection order should be kept on the claimant’s person at all times, in case the victim needs to verify that a Queen’s Bench protection order is in effect.
If the respondent violates the Queen’s Bench protection order, it may be a criminal offence. The claimant should report the violation to police.
If the respondent is unlikely to comply with the Queen’s Bench protection order, the police may not be able to protect the claimant. The claimant should make additional plans to protect his or her safety in addition to the Queen’s Bench protection order.
Legal Remedies Regarding the Matrimonial HomeProtection order conditions regarding sole occupancy of one’s homeUnder the Protection Against Family Violence Act, emergency protection orders and Queen’s Bench protection orders may grant exclusive rights to occupy the family home to certain family members for a specified time.
Emergency protection orders and Queen’s Bench protection orders may direct police to remove abusive family members from the home temporarily, or direct to police.
Application for a Peace Bond- The victim does not need a lawyer to obtain a peace bond- The victim contacts the Provincial Court Criminal Division Clerk’s Office or the local police to request a peace bond- Requires an in-person hearing to have a summons issued for the defendant. In addition, the victim will have to attend court to give evidence at a hearing of why the other person is a threat. Victims should always report the acts to police firstto determine if a criminal offence has occurred- The Crown prosecutor will assist the victim with the actual hearing- No court fees for application Peace Bond Conditions- Can be ordered for a maximum of 12 months- Can include no contact conditions, area restrictions, weapons prohibitions and other conditions the court thinks are desirable to secure the good conduct of the defendant (i.e. counseling)- Violation of a peace bond is a criminal offence and an offender who breaches a peace bond can be arrested and charged. The penalty for violating a peace bond can range from probation to a fine to a term of imprisonment for up to twoyears- Peace bonds are public documents. Some individuals (i.e. those in same gender relationships) may be reluctant to apply Things to Remember- It is helpful for the victim to keep a copy of the peace bond with them to show police, if needed - If the respondent violates the peace bond, the claimant should contact police immediately- If the respondent is unlikely to comply with the peace bond, the police may not be able to protect the claimant. The claimant should arrange for other safety measures as well as the peace bond
Legal Aid is not free to the applicant. Individuals who receive Legal Aid will have to pay some of it back. When the case is finished, the Legal Aid Society will seek repayment. If it is difficult for the individual to make the repayment, the Legal Aid Society will usually negotiate terms, which will allow the person to repay the loan. The individual may be asked to provide some sort of security for repayment such as signing a promissory note.
Legal Aid lawyers from the same law firm cannot assist both the victim and the accused. In smaller communities, there may be only one law firm. Thus, if the accused person seeks assistance from Legal Aid before the victim does, the victim may be declined service. The victim could seek Legal Aid in another community. Legal Aid Alberta
Exclusive Home Possession OrderA court order requiring that one spouse leave the family home and prohibiting that spouse from entering the home or being near the home. The order is granted under Alberta’s Matrimonial Property Act, and can be obtained for a home (house, suite, apartment, condominium) that is owned, leased or rented.
An exclusive home possession order can:- Direct the abusive family member to vacate the home for a specified time- Restrain the abusive person from entering or visiting the home if the victim requests it- Order an abusive person to pay the rent, lease or mortgage- Under some circumstances, grant a victim possession of the furniture in the home and the family vehicle- Suspend the right of ownership of either or both the victim and the abusive person (suspending right of ownership means a person cannot sell the home, even if the person is the legal owner. An exclusive home possession order gives the right of possession, not right to ownership)
Application for an Exclusive Home Possession OrderA spouse must apply for an exclusive home possession order. It is recommended that the services of a lawyer should be obtained when making a request for an exclusive home possession order, as the legal procedures can be complicated.
After the application for an exclusive home possession order has been made, the abusive person will be notified that a court hearing will take place and he or she will be given an opportunity to oppose the order.
In deciding whether or not to grant an exclusive home possession order the court will consider the availability of other accommodations for both spouses, the needs of the children, the financial circumstances of the spouses, and the conduct of the two spouses if the court determines that is relevant.
If granted, the exclusive home possession order will remain in effect until the term of the order has lapsed, or until a second order is granted by a Justice terminating the first order.
Limitations of an Exclusive Home Possession OrderIt is unlikely that a victim will be able to obtain an exclusive home possession order if children will not be remaining with him or her and if there has not been any violence. The court will always try to take into consideration the interests of the children and will try to place them in a situation that is as close to normal as possible.
If a person is living on a First Nation reserve, she or he will not be eligible for an exclusive home possession order. Under the Indian Act, the federal government regulates reserves, so the provisions in the provincial Matrimonial Property Actregarding property do not apply.
Under the Indian Act, the Band Council controls how property and housing on the reserve are divided among members of the band. Provincial family laws giving a person a right to claim exclusive possession of a home do not apply.
Things to RememberThe victim should keep a copy of any court order with herlhim if the victim wants police to enforce the order. The police must see the order to know if it has been violated.
If the abused person invites hislher spouse onto the premises, that is a breach or violation of the exclusive home possession order and the police will be hesitant to enforce it.
If spouses begin to live together again, the exclusive home possession order is no longer in effect.
An order by a justice of the peace or a provincial court judge that can prohibit an abusive family member from being in the same location, or contacting or communicating with other family members. The emergency protection order may have other conditions.
An emergency protection order can be applied for 24 hours a day. If the judge or justice of the peace agrees that conditions of the Protection Against Family Violence Act are met, the EPO can be granted immediately.
An EPO is available only to victims of family violence as defined in the Protection Against Family Violence Act.
An emergency protection order can:- Provide immediate protection for a victim of family violence- Keep the accused away from the home, workplace, school or other places where family members might be present- If granted, the emergency protection order takes effect immediately.
Conditions and limitations of emergency protection orders- Violation of an emergency protection order may be a criminal offence or the basis for a citation for civil contempt.
If both the claimant and the respondent want to cease the EPO, they may be able to have the matter brought forward to Queen’s Bench Chambers to apply for a consent order vacating the EPO.
Things to rememberIf the respondent breaches the emergency protection order the claimant should contact police immediately.
A copy of the emergency protection order should be kept on the victim at all times, in case the victim needs to verify that the EPO is in effect.
An EPO can be granted whether or not criminal charges have been laid.
Choose only the suggestions listed here that make sense for your set of circumstances.
Whether or not you feel able to leave an abuser, there are things you can do to make yourself and your family safer.
Call the Family Violence Information Line at (780)310-1818 to speak with trained personnel who provide referrals and information for victims of domestic violence.Safety when preparing to leave:
LEAVING CAN BE THE MOST DANGEROUS TIME!
- Have a safe place to stay. Make sure it is a place that can protect you and your children.- Find out which services and shelters are available as options if you need them. www.acws.ca provides a list of all shelters in Alberta.- Find someone you trust. Leave money, extra keys, copies of important documents and clothing with them in advance, so you can leave quickly, if necessary.- Open a savings account. Put it in your name only, to increase your independence. - - Consider direct deposit from your paycheck or benefit check.- Make plans for any pets that you have that you are unable to take and you cannot leave behind. If you have no place to leave your pets and this will prevent you from leaving, mention this to the shelter when you call and they may be able to assist with some accommodations.- If any household bills are in your name (ie. Phone, gas, cable), cancel them after you leave.- Change your email address, phone numbers, all PINS and passwords.- Shred all discarded mail personal papers.- Keep your shrubs/trees, trimmed outside your house. Information and SafetyStrategies for Victims of Domestic Violence
- Make plans for any pets that you have that you are unable to take and you cannot leave behind. If you have no place to leave your pets and this will prevent you from leaving, mention this to the shelter when you call and they may be able to assist with some accommodations.- If any household bills are in your name (ie. Phone, gas, cable), cancel them after you leave.- Change your email address, phone numbers, all PINS and passwords.- Shred all discarded mail personal papers.
- To provide reparations for harm done to victims or to the community- To hold the offender accountable and responsible, by acknowledging the harm done to victims and the community- If a judge orders an offender to pay restitution, the offender pays the victim. - Arrangements are usually made for the money from the offender to be paid at Court Services, who then forward the money to the victim. The victim is responsible for providing their contact information to Court Services, if restitution is ordered. In rare instances the offender has paid the victim directly but this is notrecommended.
The victim is responsible to collect the amount in the restitution order. A restitution order is made at the time of sentencing. A victim who wishes restitution must request it.
Injury Benefit and Death Benefit1. The Injury Application is to be completed if:- The victim was injured as a direct result of a violent crime.- The victim witnesses someone with whom they have a strong emotional attachment die as a result of a violent crime or are present in the immediate aftermath of the crime.- The Death Benefit Application is to be completed if the applicant has paid the funeral costs of a victim who has died as a result of violent crime.
Injury BenefitPrograms in other parts of Canada and in other countries are often based on the idea of ‘compensation’ – repayment to compensate for actual expenses or damages caused by the crime. Alberta’s Financial Benefits Program is based on a different concept. It provides a financial benefit based on the injury rather than compensation for loss or damages. The injury benefit not intended to compensate for financial loss (for example, ambulance expenses, loss of earnings, etc.). Rather, it pays a one-time fixed sum ofmoney to acknowledge the injury that was done to the victim of a violent crime.
A victim who sustained an injury resulting in quadriplegia or traumatic brain damage and who is fully dependent on others to engage in activities of daily living (bathing, feeding, toileting, etc.) may be eligible for a monthly payment in addition to the Financial Benefits one-time fixed sum of money. An individual capable of performing some of these functions would not be eligible for the supplement.
Death BenefitIf the crime resulted in death, funeral costs may be claimed by the person who paid the costs of the victim’s funeral. The applicant must provide original receipts that indicate, by name, that the applicant paid for funeral costs.
Reimbursement for funeral services may be paid up to $12,500.
Crisis or trauma is an experience so severe or unusual that the mind cannot assimilate or master it in the usual way. The stressors in trauma are intense, unexpected and unusual. They are beyond the range of normal human experience. The individual’s psychological equilibrium is disturbed and the individual may develop traumatic stress reactions.
Crisis InterventionDefinition: Crisis intervention is the active, temporary entry into the life situation of an individual, family or group during a period of unusual stress.
Intent of crisis intervention: To facilitate the rapid removal of the stressors affecting the crisis victim. The intervention process is intended to help the person involved in the crisis identify and apply new coping resources.
What is a victim impact statement (VIS)?
Section 722 of the Criminal Code of Canada provides victims of crime with an opportunity to describe in writing to the court how the crime has affected their lives. A victim impact statement is a written statement in the victim’s own words that describes:
- How the victim’s life has been affected by being a victim of the offence- What physical or emotional losses or impacts have been experienced as a result of the offence - If charges are laid and the accused person is found guilty, the victim impact statement will be considered by the Court before sentencing.
Purpose of a Victim Impact StatementFor the victim:Provides a victim with an opportunity to state how his or her life has been affected by the crime, and any physical and emotional loss experienced as a result of the crime.
For the Court:Assists the Court and the offender to understand how the crime has affected the victim’s life.
Who can prepare a victim impact statement?A victim of any crime where an offender has been charged may prepare a victim impact statement. For the purposes of a victim impact statement, a ‘victim’ is a person to whom harm was done or who suffered physical or emotional loss as a result of the offence.
Residents cannot place extra garbage outside of their bins because this can cause a litter and animal problem. Our automated garbage collection system operators cannot pick up garbage that is not placed properly inside of the bins. If residents have too much waste for their bin they must haul it to the landfill or keep it and place it in their bin for the following scheduled garbage pick up. The garbage bins are of sufficient size to accommodate one week’s worth of waste or more. Many customers regularly wait two weeks before they require their bins to be emptied. If residents regularly produce too much garbage, the Town encourages reducing waste by recycling. Bylaw 933 prohibits residents from placing more than 70 kilograms (154 lbs) of waste in their garbage receptacle and prohibits overfilling the garbage bins whereby the lid will not close properly. All waste placed in these receptacles must be bound or packaged to avoid spillage and items blowing out during the collection operations. Contact info: Infrastructure Services
Residents of Yellowhead County are to dispose of their waste at a local transfer station or at the West Yellowhead Regional Landfill. It is illegal to dispose of waste in the Town of Hinton blue bins. The blue bin dumpsters are for Town of Hinton residents or private businesses only. As per Bylaw 933, “No person shall place refuse into someone else’s bin without permission.” Contact info: Infrastructure Services
The total capacity of the landfill is estimated to be 1,350,000 tonnes. In the past 21 years, 421,347 tonnes of material has been placed into the landfill. 31.21% of the design airspace capacity of the landfill has been used in 21 years. It is estimated that the landfill has 60 years left of air space based on 2006 figures.
Yes, all waste coming to the landfill will be sorted. All e-waste (computers TV’s), paint and aerosol cans are placed in containers. The Landfill accepts tires, used oil and filters, batteries, fluorescent tubes, white goods, metals and clean compost material on a year round and this material is recycled. There is no fee to residential customers for these items. Residential wet waste is placed in the Transfer bins and commercial customers haul directly to operating face to dispose of their waste.