Core Business Areas

Each of the five core business areas described in this section contributes a unique set of programs and services that integrate with services from other justice partners and constitute the justice process.

The Treaty Negotiations Office is also one of the ministry's core business areas. It negotiates agreements with First Nations in an effort to achieve legal certainty and thereby strengthen the province's economy. The Treaty Negotiations Office has prepared its own separate service plan for 2004/05 – 2006/07 and will not be summarized in the Ministry of Attorney General Service Plan. ¹ However, for consistency with the Estimates, resources for this office do appear in the Resource Summary.

The Resource Summary shows several other areas with separate appropriations. The following items have been included to make the summary consistent with the Estimates, but they are not covered in detail in this Service Plan.

• The B.C. Utilities Commission is funded through the ministry, but operates independently and produces its own separate service plan and annual report.²
• The Public Guardian and Trustee of British Columbia special account partially funds this independent organization.³
• The independent judiciary, which functions at arm's length from government, has a separate vote. It is discussed within the context of Court Services, the core business area responsible for supporting it.
• The Crown Proceeding Act vote provides for payments to be made pursuant to the Act, as a result of judgments against the government or of settlements reached in litigation.

Court Services

This core business area supports timely and equitable access to the Provincial Court, Supreme Court and Court of Appeal by providing:

• administrative services to the independent judiciary;
• special assistance to the judiciary on specific initiatives such as the Provincial Court's criminal case flow management process and rules;
• case documentation and trial support;
• prisoner custody and escort;
• court order enforcement;
• court and courthouse security; and
• maintenance of the facilities in which court is held.

These services, which are directly delivered by branch and ministry staff, enable the courts to operate safely and efficiently. They contribute to an independent, impartial and accessible justice system that serves the province's citizens, specifically:

• the judiciary;
• parties in litigation;
• counsel;
• police;
• public interest and volunteer groups;
• other ministries; and
• other governments including municipal, aboriginal, and federal.

This core business area delivers court support services at forty-four staffed courthouses and an additional forty-four circuit courts. Day-to-day operations involve continuing pressures and challenges associated with case volume, case complexity, duration and types of judicial sittings, and the implementation of new legislation. High-security trials continue to create special requirements. Technology applications are improving the efficiency and effectiveness of operations through:

• enhancements to the shared criminal case tracking system (JUSTIN);
• creation of a civil case tracking system;
• electronic filing;
• the increasing use of videoconferencing; and
• improvements to prisoner escort information.

Recent reforms to traffic dispute and municipal dispute bylaws are also contributing to improved efficiency in processing.

Major initiatives that will be supported during the period 2004/2005 to 2006/2007 include:

• implementing digital audio recording technology;
• implementing civil electronic filing and case processing;
• planning and implementing significant facility upgrades including modifications to the Surrey courthouse; and
• monitoring performance standards.

Legal Services

This core business area utilizes in-house and contracted legal staff to advise government on civil law matters. It assists in fulfilling the Attorney General's role as official legal advisor to government. More specific responsibilities include:

• providing legal advice to ministries and agencies of government and to Cabinet;
• negotiating and drafting agreements;
• drafting legislation and regulations; and
• representing the government in litigation.

Legal Services' clients are government ministries, the Treaty Negotiations Office, the Attorney General, Cabinet, and Crown corporations and agencies. Client ministries fund a substantial portion of the services through annual service level agreements. The cost recoveries offset the costs of delivering the services and cover salaries, operating costs and contract costs.

The area does not provide direct services to the public. However, it does serve the public interest by ensuring that government operates lawfully and that risks associated with government and ministry operations are reduced.

Services are delivered through three main programs:

• Solicitor Services, which advises government agencies on lawful operations and risk reduction;
• Barrister Services, which represents government in litigation and seeks the best possible outcomes; and
• Legislative Counsel, which drafts legislation and regulations.

Prosecution Services

This core business area contributes to public safety and public confidence in the administration of the criminal justice system through the timely, fair and effective prosecution of Criminal Code, Youth Criminal Justice Act, and provincial statute offences. Services include:

• assessing and approving criminal charges;
• referring low-risk offenders to alternative measures programs;
• identifying high-risk and violent offenders for specific attention;
• prosecuting cases;
• presenting victim impact information to the court at sentencing;
• handling appeals;
• providing advice to government on all criminal law matters;
• providing appropriate responses to inquiries by the media, members of the public and those directly affected by criminal prosecutions; and
• cooperating with justice system partners in developing and implementing initiatives to improve the administration of criminal justice in the province.

These responsibilities are governed by the Crown Counsel Act and must be carried out objectively and fairly, without regard to improper influence or interference from any source. The goal is to deliver all prosecutorial services and advice to government in criminal matters in a timely, efficient manner.

Victims, witnesses, the general public and justice partners (police and other investigating agencies, courts, corrections and government) benefit in many ways from these services. The charge assessment process and assessment criteria ensure that the cases which are approved to court are sufficiently supported by the anticipated admissible evidence, and that prosecution will be in the public interest.

After assessment, some cases may be referred to alternative measures programs. Cases that do not warrant charges are not approved to court, and some may be referred back to the police for further investigation.

This process contributes to efficiency: those accused persons who can be adequately dealt with by a referral to an out-of-court alternative measures program are not brought into the court system, and those accused persons who present a high risk of violence are identified early in the process. Cases that do not meet the evidentiary or public interest criteria are not placed before the court. The charge assessment process can also reduce the potential for civil suits.

Responsiveness to inquiries concerning policy, the role of the Criminal Justice Branch and Crown counsel with respect to individual cases assists the public in understanding the criminal justice process and maintains their confidence in it. Cooperation among justice system partners supports the effective delivery of the services provided to the public.

Justice Services

This core business area promotes access to justice services such as legal aid and provides litigants with a choice of alternatives to court that emphasize affordability and accessibility.

• The Court Mediation Program offers free mediation for disputants in civil cases and is available in five Provincial Small Claims Court registries.
• The Notice to Mediate is available in Supreme Court and allows a disputing party to compel the other party(ies) to attend one mediation session.
• The Parenting after Separation Program is a three-hour free information session that is now mandatory for families in dispute at some court registries. The session helps parents make informed choices about separation and conflict and take into account the best interests of their children.
• The Facilitated Planning Meeting Program uses mediation to help families reach early resolution of child protection issues.
• The Family Justice Dispute Resolution Program provides dispute resolution services to assist families undergoing separation and divorce with issues related to child custody, access, guardianship and child or spousal support.
• The Family Maintenance Enforcement Program (FMEP) facilitates full payment of child and spousal maintenance by monitoring and enforcing all maintenance orders and agreements. Through this program, which is delivered by the private sector on contract, maintenance payments are calculated, received, recorded, and forwarded to the recipient.

This business area also manages the funding of legal aid in consultation with the Legal Services Society in the provision of legal aid. It also administers funding in respect of constitutional right to counsel cases involving publicly funded legal representation.

Most of the services, apart from legal aid, are provided by ministry employees and, to a lesser extent, through independent contractors. Volunteer boards participate in operating some programs.

Offering disputants in both civil and family cases a range of out-of-court options creates significant efficiencies in the justice system and reserves the resource-intensive court process for those cases that need it most. Dispute resolution processes benefit disputants by allowing all parties to be engaged actively in creating enduring agreements designed to meet their needs, rather than having resolution imposed by the court. Clients for dispute resolution services can range from individuals to families, government ministries and agencies, and aboriginal treaty tables.

The major projects and initiatives that this business area will support over the next three years involve:

• working with administrative tribunals and the Administrative Justice Office to develop dispute resolution processes for British Columbia tribunals;
• working with the Ministry for Children and Family Development and the Legal Services Society to expand the use of child protection mediation across the province; and
• supporting treaty tables in the development of dispute resolution provisions for future treaties.

Executive and Support Services

This core business area provides administrative support and corporate-level services to the Ministry of Attorney General, the Treaty Negotiations Office and the Ministry of Public Safety and Solicitor General. Included among the services to these organizations are:

• financial and resource management;
• policy analysis and development;
• legislation development;
• corporate planning and reporting processes;
• information technology development;
• strategic human resource services; and
• logistical and administrative support to agencies, boards and commissions.

The Policy, Planning and Legislation Branch and the Management Services Branch are responsible for most of these services.

This area is often given responsibility for launching new ministry and government justice initiatives — or aspects of such initiatives — and developing them to a point where they can be turned over to other areas of the two ministries or to other agencies for further action.

The Citizens' Assembly on Electoral Reform is one example where Executive and Support Services oversaw development of the terms of reference governing the Assembly. The initiative is continuing to move forward under the auspices of the Legislative Assembly, with logistical and administrative support provided by Executive and Support Services.

Another example of support provided to new initiatives is the Administrative Justice Project (AJP), one of many justice reform efforts currently under way. The AJP reviewed the nature, quality and timeliness of the services delivered through administrative justice agencies such as the B.C. Parole Board and the Commercial Appeals Commission. Following the review, a separate Administrative Justice Office was set up to implement recommendations from the review. The Office continues its work with logistical and administrative assistance from Executive and Support Services.

This business area also analyses existing policies and legislation and develops new policy or legislation in support of priority initiatives that often involve reform. The ongoing civil liability review is one example of a ministry commitment that may require legislative reform.

Through the Management Services Branch, the area provides the two ministries and the Treaty Negotiations Office with:

• budget coordination and expenditure monitoring;
• revenue planning;
• accounting and financial reporting;
• payment processing;
• financial control and systems support;
• records management and freedom of information support;
• support for procurement, and for contract and risk management;
• strategic human resource services; and
• information technology solutions.

Services are delivered by staff and occasionally by contracted providers.

While there are no direct services provided to the public by this business area, the public interest is served in several ways. For example, criminal justice, civil justice and family justice policies are vital to the public interest and central to the tenets of a democratic society. The development of legislation is a key function of the provincial government. Articulating government direction and priorities through Service Plans and reporting on progress achieved through Annual Reports keep the public informed and the government accountable for its decisions. Citizens also benefit through the actions of the separate agencies, boards and commissions that have been established in the public interest.