Appendix 1. Strategic Context

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

Planning Context

Many factors influence the ministry's ability to carry out its mandate and achieve its goals and objectives. Some of these factors place the ministry in a strong position to move forward and build on past successes. Others present opportunities to change direction or take a different approach. New and unexpected opportunities can lead to significant improvements in the way the ministry provides its services. The strengths and opportunities that currently affect ministry planning — or that could affect it — appear in this section of the document.

Strengths

• The ministry has built a solid foundation of cooperation and collaboration among the judiciary, the police, the legal community and other justice partners. This foundation has strengthened the ability of all partners to administer justice programs and services in the province.
• The province-wide implementation of JUSTIN, an integrated criminal justice information system, is creating significant efficiencies for justice agencies. It is enabling the rapid and accurate transmission of case information which in turn supports the processing of large volumes of case activity. It is eliminating duplicate data entry and providing credible management information. It has also led to the development of an interface between court records and the Protection Order Registry which will allow automated notification of protection orders. A case management system for civil cases is now being piloted to enable similar improvements in efficiency and accuracy.
• The ministry has a progressive Human Resource Management Plan focused on leadership, human resource planning that is specific to business requirements, employee performance and development, and safety in the workplace. See Appendix 3 for a summary of this plan.
• The ministry's Legal Services Branch leads other Canadian jurisdictions in the detailed financial analysis of the costs and operations required to provide legal advice to government. This accomplishment strengthens the ministry's efficiency and accountability efforts.
• The Legal Services Branch continues to enjoy one of the highest client satisfaction rates among comparable organizations in the country. The confidence of its clients and the strong relationships engendered by it facilitate effective management of legal issues and risks.
• The Legal Services Branch has achieved notable success in recent court decisions, in the face of what might otherwise have resulted in very significant liabilities for government. Not only has this achievement reduced potential liability, but several of these cases have set precedents that will enable more effective risk and litigation management in the future.
• The Justice Services Branch is acknowledged as a leader and facilitator in the movement toward the increased use of alternatives to litigation. Resolution of civil and family disputes outside the courts is usually more cost-effective and less confrontational than in-court processes are. With greater access to out-of-court dispute resolution, justice system clients can choose an alternative to suit their situations and means.
• The Justice Services Branch has been actively developing and promoting out-of-court alternatives to litigation. As a result, an increasing number of citizens are becoming aware of the range of options available to resolve disputes outside of the court system, and more people are taking advantage of the alternatives, with positive results. As acceptance of out-of-court alternatives grows, public access to the justice system is improved, allowing the Justice Services Branch to provide better assistance to British Columbians.
• 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, reducing the likelihood of dismissal due to unreasonable delay.
• Installation of videoconference equipment in courts and correctional centres has introduced efficiencies by reducing the need for in-person escorts and improving courthouse security. In 2002 and 2003, more than 10,000 court appearances by persons in custody occurred by videoconference. This represented 10,000 escorts that were not required.

Opportunities

The quest for more efficient ways to administer justice in the province has led to significant reforms and produced many benefits. The changes below represent new directions the ministry has taken in response to recent opportunities.

• Stronger and more compelling partnerships with federal, provincial and territorial governments regarding justice reform and efficiencies.
• Greater collaboration with family justice partners.
• Development of a province-wide civil justice electronic information system.
• Adoption of standards and common software for disclosure of evidence in criminal cases, which facilitates effective and efficient information exchange among police, Crown counsel and defense counsel.
• Increased use of technology, such as electronic filing of civil court documents.
• Increased use of the web for self-service to external clients and ministry staff.
• Bylaw reforms that allow municipal bylaw disputes to be resolved outside the courtroom, thereby expediting resolution and offloading some workload pressures in the courts.
• Use of videoconference technology in high security cases, thereby avoiding the costs of high security escorts and reducing security risks at court.
• Use of circuit courts to continue access to services in several communities where courthouses had to be closed in order to reduce facility overhead costs.
• Traffic reforms that permit certificate evidence and result in a streamlined and a more efficient dispute process, particularly for police.
• Implementation of full cost recovery for legal services provided to government, leading to a more efficient and effective use of those services.
• Employee Performance and Development Plans (EPDPs) for all employees that encourage individual and organizational learning as well as development and performance, and align individual performance with the goals and objectives of the ministry.

Highlights of Strategic Shifts and Changes from the Previous Service Plan

Changes in Strategic Direction

There have been no significant changes in strategic directions since the ministry's last Service Plan was published in February 2003. The ministry is continuing to explore and implement reforms that address the interaction between citizens and the justice system and emphasize accessibility, efficiency, fairness and affordability. These four attributes emerged from the 2001 core review of ministry programs and services and became the foundation on which subsequent strategic shifts and reforms were based. They continue to guide ongoing improvements.

• Accessibility: British Columbia is a diverse province with a diverse population. The justice system must continue to be accessible to all people in the province, regardless of where they live or what their personal circumstances may be.
• Efficiency: The justice system must be efficient. Trials must take place within a reasonable time and courtrooms must operate in a way that makes the best use of resources.
• Fairness: As part of its responsibility to protect citizens and maintain order and public safety, the justice system must continue to apply the rules of law fairly and equally.
• Affordability: The justice system must be affordable to all citizens who use it. The costs to government and litigants must be reasonable.

Challenged by increasing complexities within the justice system and by a need to reduce expenditures, the ministry undertook four key strategies that could help achieve the intended reforms and also make optimum use of the ministry's limited resources. These key strategies continue to be integral to the direction the ministry is undertaking in this Service Plan.

• Find alternatives to litigation: More and more Canadians are unable to use the justice system to resolve civil disputes because it is simply too expensive. Litigating a small claim, for example, could cost more than the claim is worth. Many reports from across Canada and around the world have found that increasing the use of consensual dispute resolution processes, such as mediation, holds the greatest promise for increasing access to justice.
  Similarly, in the family area, it has been recognized for many years that the courts are often the wrong forum for resolving the emotionally charged issues facing families going through separation and divorce.
  The Dispute Resolution Office (DRO) in the ministry's Justice Services Branch supports the use of a wide range of dispute resolution options within the civil and family justice system. Through the DRO, the ministry continues to support the development of processes and programs that will provide people with alternatives to litigation. The ministry also is continuing to support the development of a strong pool of highly qualified mediators in the province to meet the growing public demand.
  In the area of criminal law, the ministry is strengthening its efforts to screen cases rigorously and, where appropriate, direct low-risk offenders to out-of-court options that are suitable to the nature of the offence, but which avoid costs that would otherwise be incurred by an in-court process.
• Improve liability management: The ministry is improving proactive risk management procedures both within and outside the ministry. Existing and new legislation is reviewed in an effort to avoid litigation wherever possible. The ministry is considering several new mechanisms to encourage all ministries to share in the responsibility for managing risk and avoiding unnecessary exposure to litigation and civil liability.
• Strengthen partnerships across the justice system: The ministry is continuing its efforts to make the justice system more effective and efficient by encouraging stronger partnerships among the independent judiciary, the legal profession, police, Crown counsel, and federal and municipal governments.
  Working closely with the independent judiciary, court scheduling has been improved, which in turn makes better use of police and Crown counsel time. Joint efforts with police and Crown counsel are enhancing the charge approval process, especially regarding the diversion of less serious offenders to cost-efficient out-of-court alternatives. Police and Crown counsel are also working together to streamline and simplify the process for dealing with traffic offences.
  Municipal bylaws have traditionally been enforced in provincial court. In consultation with municipalities, the ministry has moved toward increasing the capacity of municipalities to enforce their own bylaws in a way that is less expensive than provincial court and more responsive to municipal needs.
• Reform practices and programs: This strategy is also directed at bringing greater effectiveness and efficiency to the justice system, and many of these reforms are already in place. For example, the ministry reviewed its infrastructure requirements and closed courthouses that were not considered efficient operations. Several less costly circuit courts were established to continue services in those areas where courthouses had been closed.
  The ministry installed more videoconferencing units to allow witnesses and accused to testify without incurring travel costs. Work began and is continuing on the electronic filing of civil documents as another efficiency measure that could also cut costs.
In a major review of the province's administrative justice agencies, the ministry sought assurance that agencies were meeting the needs of the clients and communities they were serving, that their mandates were current and relevant, and that their operations were efficient, open and accountable. On recommendations from the review, some overlapping agencies and services were eliminated, and many other administrative procedures were streamlined through a newly established Administrative Justice Office. This Office is continuing to oversee the implementation of similar modifications and appropriate efficiencies.

Changes to Structure and Content

Each year, government issues new guidelines for developing the next three-year service plans. The guidelines change from year to year as more and better ways are found to improve the plans and make them more consistent across government. The ultimate goal is a service plan model that is compatible with most ministries and presents consistent information at the appropriate level according to a standardized format.

All of the changes in appearance, layout and depth of coverage for this service plan over the previous year's plan are due in large part to the new guidelines.

Last year's plan had three high-level shared goals for the ministry and two goals that were specific to individual core business areas. This year's plan is simplified to have a single goal and outcome statement for each core business area, with supporting objectives, measures and targets.

The previous plan presented objectives, strategies, measures and targets in a table with very little supporting text. This year's plan limits the number and scope of all performance elements — especially measures. It also provides more text describing how the elements are linked and how they are expected to assist in achieving and measuring results.

Many of the objectives used in the previous plan have been restated to make them more relevant to the new core business area goals or to reflect more accurately the direct accountabilities of a given core business area. Targets themselves have been adjusted where necessary to reflect changing fiscal realities, staff and program reductions, and other challenges involved in balancing the ministry's overall budget.

Consistency with Government Strategic Plan

The Government Strategic Plan provides a broad framework within which individual ministries pursue their goals. Government's vision for British Columbia is of a prosperous and just province, whose citizens achieve their potential and have confidence in the future.

One of the three goals in the government plan calls for a supportive social infrastructure, part of which is a justice system that is accessible, efficient, fair and affordable. Another government goal speaks to safe, healthy communities and individual well-being. All of the concepts embodied in these goals are fundamental to operations within the ministry's core business areas. As well, the ministry's guiding principles, described earlier in this document, support government's vision for the province and are based on values that reflect and affirm those in the Government Strategic Plan.

Further, as shown below, ministry core business areas are working separately and together to address all justice-related strategies in the Government Strategic Plan. Strategies for which the Treaty Negotiations Office is the lead agency are shown in that Office's separate service plan.