2003/04 – 2005/06 SERVICE PLAN Ministry of Attorney General

Strategic Context

Ministry Overview

The Ministry of Attorney General and Minister Responsible for Treaty Negotiations has overall responsibility for the administration of justice in British Columbia, as well as for the negotiation and implementation of treaties and other agreements with First Nations. It also has a constitutional and statutory role as the government’s lawyer, providing legal advice, representing the government in litigation and drafting legislation.

Four main areas within the ministry work together to fulfill the justice mandate.

• Court Services offers administrative, security and enforcement services to support the independent judiciary and the operation of three separate levels of courts over which the judiciary presides — the Court of Appeal, the Supreme Court and the Provincial Court.
• Legal Services provides advice to ministries and Cabinet, drafts legislation and represents the government in court and before administrative tribunals.
• Prosecution Services processes offences under the Criminal Code of Canada, the Young Offenders Act and offences arising from violations of provincial statutes.
• Justice Services is responsible for a range of civil and family law programs and services, including dispute resolution, legal aid and enforcement of court orders.

A fifth area of the ministry, the Treaty Negotiations Office, negotiates agreements with First Nations in an effort to achieve legal certainty and strengthen the province’s economy.

Highlights of Changes from the Previous Plan

There have been no significant shifts in ministry priorities since the 2002/2003 – 2004/2005 Service Plan was tabled in the Legislative Assembly in February 2002. The focus for the 2003/2004 – 2005/2006 Service Plan continues to be on providing fair and efficient justice services to the public and to government during a time of fiscal challenge, resource consolidation and expenditure reduction.

Key activities — such as some New Era commitments and other ministry projects — that were accomplished in 2002/2003 do not appear in this Service Plan. Nor do the measures and targets associated with those projects. Several new projects and strategies have been added. This applies in particular to the Treaty Negotiations Office, where a major portion of the plan for 2002/2003 focused on completing the Referendum on Treaty Principles.

There are, however, some structural changes in the new Service Plan. These are summarized below.

• The most significant change involves the way in which core business areas are organized. In the previous plan, several of the core business areas represented the joint efforts of two or more ministry branches working together toward a common ministry goal, as opposed to work that was exclusive to individual branches.

In the new plan, those core business areas have been reorganized and renamed to represent branch structure and responsibilities. Corresponding objectives, strategies, measures and targets have been repositioned to fit the new model. Where applicable, some of this material was rewritten to ensure that accountabilities were assigned to the appropriate branch.

The new structure follows Treasury Board guidelines to make core business areas consistent with the historical branch structure used in other government accountability documents such as the Estimates and the Public Accounts. This arrangement provides legislators and the public with a better understanding of the relationship among these documents. The following tables show how core business areas are named in the new and the previous Service Plans.

• The total number of objectives and strategies has been reduced, and some objectives and measures have been re-worded and footnoted to improve clarity.
• The Planning Context has been updated to reflect changing external factors that affect the ministry’s ability to carry out its mandate.
• A section on key performance measures has been added. Several of these ministry-level measures correspond to those found in the Government Strategic Plan and establish a link between government priorities and ministry goals. The key measures are intended to inform the ministry’s five overall goals.
• The Information Resource Management Plan has been updated to reflect progress and future direction, as well as to link Service Plan priorities to key information management projects.

Planning Context

The ministry’s 2003/2004 – 2005/2006 Service Plan takes into account a number of environmental factors that affect the ministry’s ability to realize its vision of fairness and efficiency for the justice system. The most significant of these are:

Crime Rates

Canada’s crime rate increased slightly (by 1%) in 2001 after several years of decline. Similarly, British Columbia’s overall crime rate rose by 1% in 2001 after a five-year decline, largely as a result of a sharp increase in auto thefts.¹ B.C.’s violent crime rate has decreased over the last several years, but it is still 10% higher than it was 20 years ago.² Relative to the national average, B.C. continues to have a high crime rate. Our rate is second highest among provinces, after Saskatchewan.³

Many environmental factors contribute to variations in the crime rate, including changes to the laws governing police enforcement practices, differences in community reporting conventions, fluctuations in the economy, changes in population density, and changes to family circumstances and structure. One theory for the observed decline in the overall crime rate for several years prior to 2001 is that there has been a corresponding drop in the proportion of young males aged 15 to 24 in the population. Historically, crime rates have been higher in this group than in other population groups.

Crime rates and subsequent police enforcement practices drive workloads within much of the Ministry of Attorney General. When rates increase, workloads grow. Workloads also can increase depending on the type and complexity of cases that proceed to court.

Demographic Context

British Columbia’s population is growing and is becoming more diverse. It includes an increasing number of international immigrants who frequently require language services and who may be unfamiliar with the principles and processes of the justice system. In those cases, additional specialized justice services are called for to ensure access and fairness.

Litigation Complexity

The majority of criminal prosecutions are a provincial responsibility. Court cases are becoming increasingly complex, requiring analysis of large volumes of technical evidence, expert witnesses, and consideration of international laws and human rights. In addition, there are some very large cases, such as the Air India and Vancouver missing-women prosecutions.

Cyber crime is expected to introduce additional litigation complexity. As cases continue to grow in complexity, prosecution costs to the province increase considerably.

The province is also required to respond to increasing complexity in civil law suits. Its jurisdiction over land and resource management involves the province in an increasing number of cases arising from conflicting claims to the diverse land and resource base of British Columbia. In particular, British Columbia is presented with a large number of aboriginal rights and title cases that are raising novel issues. As well, the province is a defendant in major class action claims, including claims arising out of allegations of historic abuse in institutions that were administered or funded by the province. All of these cases present litigation management challenges and significantly increased costs to the province, because of the large numbers of complex legal issues, huge volumes of evidence, multiple parties and novel issues of law and procedure that are involved.

The complexity of civil litigation often makes going to court more costly for the public. In response to this, there appears to be a growing trend towards litigants appearing without counsel. This has several consequences for the civil justice system. It means that trials and hearings proceed more slowly as unrepresented litigants struggle to deal with court rules and procedures. These cases often result in more adjournments and, in addition to being more frustrating for the litigants, require more time and court resources to complete. The Ministry is attempting to address the issue of affordability by working with the judiciary, the bar and its other partners in the justice system to streamline and simplify procedures and to develop faster, less expensive alternatives to litigation.

Family Law

Changes in family structure and dynamics are resulting in a greater demand for family court resources, mediation, parenting education programs and child maintenance enforcement. Family law (divorce, child custody, access, support and protection) has had to evolve rapidly to keep up with these changes. In response, the ministry has implemented a number of measures, including mandatory referrals to Family Justice Counsellors in separation cases and improved collection of child support payments.

The ministry is also piloting several projects to test new case management systems. These pilots will address many of the current challenges in family law by examining potential remedial strategies, such as:

• maintenance enforcement outreach services to divert cases from litigation;
• limited legal advice for self-represented litigants to assist in achieving settlements;
• administrative enforcement mechanisms to support the recently proclaimed Interjurisdictional Support Orders Act;
• administrative calculation and variation of child support orders; and,
• parent education programs to encourage alternatives to litigation.

Court Backlogs

Criminal court backlogs have been reduced from their peak in the late 1990s. Today there are fewer cases pending and their age in the system has decreased. Several factors may be contributing to this change: additional judges have been provided to hear cases; the judiciary, working with the ministry, has improved the rules for case flow management; and some low-risk cases are being diverted from the conventional court process into alternative measures programs. However, the number of new cases entering the system has not decreased, and backlogs continue to be a concern.

Youth Crime

The number of new criminal cases involving youth between the ages of 12 and 17 has been declining in B.C. since 1992.¹ However, the implementation of the new national Youth Criminal Justice Act will bring new procedural and systemic challenges.

Aboriginal People in the Justice System

Aboriginal people in British Columbia continue to be significantly over-represented in all aspects of the justice system as both offenders and victims. A large youth population and difficult social conditions in many aboriginal communities contribute to this situation.

Treaty Negotiations

Unresolved aboriginal claims have created economic uncertainty over the ownership and use of Crown land and resources. Treaty negotiations aim to address these uncertainties by establishing agreements that can enhance economic stability and opportunity in British Columbia.

Linking of Justice Data Systems

There is a need to continue linking information systems across separate components of the justice system so that accurate, critical information can be made available to all justice partners. British Columbia has made significant progress in this area and continues to improve existing data systems and create new secure links, particularly among police, Crown, courts and corrections. Better information contributes to better planning and can make justice administration and law enforcement more effective.

Ministry Vision, Mission and Values

Vision

An accessible, responsive, accountable justice system that protects the rights of all citizens, offers a range of affordable, timely and fair ways to resolve disputes, and fosters confidence in the integrity, efficiency and effectiveness of the justice system. The knowledge that government operates lawfully and is achieving reconciliation with First Nations through negotiation contributes to the social stability and economic vitality of British Columbia.

Mission

To promote the safety and security of communities (in cooperation with the Ministry of Public Safety and Solicitor General); administer an independent, impartial and accessible justice system; facilitate the timely, fair and lasting resolution of civil legal disputes (including family); provide high-quality legal services to government; and, through negotiation, achieve reconciliation with the First Nations of British Columbia and legal certainty over the ownership and use of Crown land and resources in British Columbia.

Values

The Ministry of Attorney General shares with all government organizations a commitment to affordability, efficiency, timeliness, accountability, innovation and reform, and a healthy, supportive workplace.

In addition, the Ministry strives to deliver its unique services in accordance with these values:

• Accessibility
• Independence
• Impartiality and fairness
• Certainty
• Processes that are appropriate to the nature of the dispute
• Respect for the law