Double Take -- by Mark Sproxton

There's only one sheriff in this town. More accurately, there's only one sheriff in this province. But the cowboy hats, boots and shiny badge are strictly for Halloween. And the office does not come with a jail cell, a kerosene lamp on a big wooden desk or a horse stable out back.

Housed in the Strategic Initiatives Branch of the Alberta Department of Justice, Court Services Division in Edmonton, Dwayne Weatherall plies his trade. "Alberta's Sheriff, Civil Enforcement, is a rather unique position that I doubt you'll find anywhere else in Canada or the States," he said. "It was created as a regulatory type position to oversee the private bailiff firms (that) took over the sheriff's offices' functions on Jan. 1, 1996."

Some of those functions include seizing property for unpaid debts, or evicting tenants from various types of property.So rather than roaming the streets ensuring law and order is maintained like the sheriffs of old, Weatherall works in an office-environment using modern technology to monitor companies and the employees approved to carry-out court-ordered tasks.

"As a regulatory position, one of the main functions is to deal with complaints," Weatherall told nextSteps. "Although the complaint is usually against a bailiff firm or its bailiff, often the underlying issue is the dispute one party is having with another. The bailiff firm or bailiff, because of the nature of their job, simply gets caught in the middle."

While Weatherall has completed the day-to-day duties of the sheriff for almost seven years, his connections with the justice system go back even further. Almost 23 years ago, after starting as a judicial clerk and sheriff's officer for the Court of Queen's Bench in Medicine Hat, he worked his way up to court administrator and assistant sheriff in Lethbridge. When his current position was first created, he applied and was the successful candidate.

"I like the interaction with the many diverse people involved in civil enforcement," he said. "That includes private business owners and managers, bailiffs, creditors, debtors, the legal profession and other government officials. I'm always learning from their expertise and experiences."

As with every job, there are always things that could be better. "I would say the most disheartening part of the job is feeling that I can't make everyone happy when dealing with complaints about civil enforcement proceedings." Working Monday to Friday, the sheriff's daily routine hinges on the phone calls, faxes or letters that flow into the office. "Everything depends on how things are going out in the field as far as bailiffs carrying out creditors' instructions to seize property or evict tenants." Sometimes he needs only to provide information to people about the process.

So just what kind of skills do you need to be a sheriff in Alberta? Solid written and verbal communication skills and an ability to listen and remain objective, Weatherall said. "I think my main goal is to be able to provide people with the information they need to understand the civil enforcement process and the role that private bailiffs play in achieving results for creditors while at the same time protecting the debtor's dignity. As well, to protect the public interest and promote the integrity of the justice system."

But don't think this province will get big enough for two sheriffs. "The future is more in the bailiff end of it," the sheriff said. "As these bailiff firms continue to gain knowledge and experience in carrying out their duties, the complaints filed with the sheriff should level off and perhaps even decrease. For the time being, I think there is still a need for this position to monitor the private bailiffs' activities and respond to inquiries, concerns and complaints. Based on past experience, it is unlikely there will be a need for this office to increase its involvement in the civil enforcement process."