2005/06 – 2007/08 SERVICE PLAN
Ministry of Attorney General
Goals, Objectives, Strategies and Results
During the 2004 planning cycle, the ministry strengthened its strategic planning and developed a new corporate framework that supports public sector reform. Branch business plans were revised and then consolidated into a ministry business plan, which in turn became the foundation for this Service Plan. The Service Plan presents high-level strategic goals and objectives that are ministry priorities for the next three years.
The plan includes performance measures that currently are most relevant to the objectives. As a result of the new corporate framework, the ministry must develop baseline data and/or benchmarks for many of the measures as noted throughout the plan. In addition, the ministry is developing indices of related measures that will serve as comprehensive performance indicators. Indices can better reflect the magnitude of ministry operations and the complexity and scope of the ministry goals. Examples of operational volumes that are driving the development of indices are shown in the table below.
The ministry recognizes that our continued success and our achievement of the new corporate framework are possible only through the active participation and engagement of our employees. Our culture and values statements speak to the importance of our people. The ministry will continue to focus on employee development plans that encourage individual and organizational learning as well as development and performance and will continue to ensure that such plans align individual performance with ministry goals. A summary of the ministry's Human Resource Plan can be found at http://www.ag.gov.bc.ca/relatedinitiativesandplanningprocesses/overview.html
Examples of Annual Volume in Ministry Operations
(Based on 2004/05 Data)
Court Services |
- 330,000 civil and criminal case filings
- 132,000 prison escorts
- management of 44 courthouses and 44 circuit courts
- 200,000 hours of trials and hearings
|
Prosecution Services |
- 172,000 potential criminal charges assessed
- 54,000 new criminal files initiated involving 66,000 accused
- 240,000 victims and potential witnesses
|
Justice Services |
- 42,000 Family Justice Centre clients
- 147,000 Family Maintenance Enforcement Program clients
|
Legal Services |
- 450,000 total hours of legal services provided to client ministries
|
Goal 1:
A ministry that is a leader in law reform and innovative justice processes
The ministry will be a centre for law reform and innovative justice policies, practices and processes. The ministry will be strategic and forward-thinking and will foster dialogue and collaboration throughout the broader justice sector. The ministry will influence, stimulate, coordinate and implement reform and innovation within the Province. |
The law has a profound practical effect on the legal rights, duties and liabilities of individuals and organizations in our society. Law and justice processes must keep pace with contemporary society. The ministry has a lead role in the debate and development of law that is just, principled, easy to understand and serves the public interest. The ministry also leads development of innovative justice processes that are current, fair, simple and cost-effective.
Objective 1.1:
Ministry as a centre for promoting law reform
Core Business Areas:
Law reform is a ministry priority. By engaging in strategies that promote and support law reform inside the ministry and among other justice agencies, the ministry assumes a central role in modernizing laws and justice procedures within the Province. For example, the ministry is a key participant in, and provides resources to support, the B.C. Justice Review Task Force. The Task Force will recommend reforms through the Street Crime Working Group, the Family Justice Reform Working Group, the Civil Justice Reform Working Group and the Mega Trials Working Group.
Performance
Measure 1.1.1 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Strategic plans for all areas of law reform |
Not applicable |
Relevant areas, milestones and dates identified |
Milestones and dates made available in Service Plan |
Milestones and dates made available in Service Plan |
Performance
Measure 1.1.2 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Percentage of
budget directed
to reform activities |
Not applicable |
Benchmark
established |
To be developed |
To be developed |
Objective 1.2:
Innovation in civil, criminal and administrative justice procedures
Core Business Areas:
Justice Services, Prosecution Services, Court Services
The ministry is committed to continuous improvement of civil, criminal and administrative justice processes. To achieve this objective, the ministry continually works with justice participants to develop new and improved procedures inside and outside the courtroom to increase the effectiveness of the justice system.
Performance
Measure 1.2.1 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Milestones for innovative dispute resolution procedures
|
Not applicable
|
Monetary jurisdiction of Small Claims court raised
Pilot of simplified, less costly procedures for Supreme Court cases under $100,000
Pilot of administrative processes as an alternative to court for recalculation of child support orders |
To be developed according to strategic plans for all areas of law reform |
Performance
Measure 1.2.2 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Year-over-year percentage increase in total criminal cases managed using the Criminal Litigation Management System
|
Phase I pilot
|
Phase II pilot
Establish benchmark |
To be developed pending benchmark and full system implementation
|
To be developed pending benchmark
|
The Criminal Litigation Management System will assist Crown counsel with evidence management and will facilitate case analyses, trial preparation and disclosure. |
Performance
Measure 1.2.3 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Continuous implementation of new technology to streamline justice procedures
|
Electronic civil court records system implemented
|
Electronic
e-service
(e-search) component implemented
Interfaces with judicial systems implemented |
E-service
e-filing component implemented
|
Integration of
e-services with other technology, e.g., judicial judgments
|
The electronic civil court records system allows litigants and their counsel to file and search court documents electronically. It will reduce file handling in registries, and by 2006 will enable everyone involved in the civil court process to perform electronic searches for filed court documents. |
Objective 1.3:
Ministry is innovative in providing legal services
Core Business Area:
Innovative legal services to government, including the use of alternatives to litigation for resolving disputes, support the ministry as a leader in reform. Government and the public benefit from increased efficiencies resulting from technological and administrative innovations in the delivery of legal services.
Performance
Measure 1.3.1 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Percentage of litigation files for which the ministry considers mediation and alternative dispute resolution options |
New measure
Actual not available |
100% |
100% |
100% |
This measure will address the degree to which the ministry, as a litigant, promotes alternative dispute resolution techniques. Although mediation is encouraged whenever appropriate, there are a number of cases where litigation is more appropriate in order to establish a principle of law or interpret a statute. This measure will be tracked by the Legal Services Branch and will be based on the total number of new litigation files opened per year. |
Performance Measure 1.3.2 |
2004/05 Actual/Base |
2005/06 Target |
2006/07 Target |
2007/08 Target |
Continuous utilization of new technology in the provision of legal services |
To be developed after Information Technology Plan approved |
To be developed based on Information Technology Plan |
To be developed based on Information Technology Plan |
To be developed based on Information Technology Plan |
Goal 2:
An effective criminal justice system
The criminal justice system must be — and must be perceived as — fair, impartial, efficient and cost-effective. There must be public trust that the criminal justice system supports public safety. |
The criminal justice system is responsible for administering justice fairly, equitably and efficiently. Citizens expect the system to deliver justice on behalf of victims, accused and communities, while safeguarding the rights of the accused.
The ministry works with other justice participants to administer, and to contribute to public confidence in, the criminal justice system.
Performance indices are being developed to serve as key indicators for this goal.
Objective 2.1:
Timely criminal prosecutions and appeals
Core Business Areas:
Prosecution Services, Court Services
Criminal matters must be processed within a reasonable period of time or charges against the accused may be dismissed. Timeliness enhances public confidence in the justice process, minimizes distress and disruption for victims and the accused and their families, and leads to efficient use of court and Crown resources. For example, in most cases, Crown counsel conduct pre-charge screening and provide full disclosure documents and an initial sentencing position to the accused or counsel prior to the first appearance.
Performance
Measure 2.1.1 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Yearly percentage change in average time to trial for adult criminal cases |
Provincial benchmark of 6 months |
0% change from Provincial benchmark |
9% lower than Provincial benchmark |
9% lower than Provincial benchmark |
This measure represents the average amount of elapsed time between the dates when a trial is scheduled and when it is heard. The actual length of time to trial can be affected by legislative and policy changes related to the prosecution of certain types of offence and by case complexity. This is a system indicator over which no single justice system participant has direct control.
Data that support this measure are held on the Court Services Branch CORIN database and undergo data quality reviews to ensure reliability and accuracy. |
Objective 2.2:
Appropriate and fair criminal prosecutions and appeals
Core Business Area:
This objective reflects the importance of fair process and balanced consideration of the interests of the victim, the accused, the witnesses, the families and the public. In determining whether cases should proceed to court, Crown counsel assess all charges reported to them using two criteria: first, whether there is a substantial likelihood of conviction, and second, whether a prosecution would be in the public interest.
Consistent and rigorous application of these standards contributes to the overall effectiveness of the criminal justice system. Careful charge assessments also remove a substantial percentage (17 per cent) of accused persons from the court process where appropriate. Four per cent out of the 17 per cent are directed to Alternative Measures. This ensures that court and Crown resources are used for the cases that warrant full prosecutions.
Performance
Measure 2.2.1 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Completion rate of persons referred to Alternative Measures |
Measure under development JUSTIN system amended to capture the data |
Baseline established |
To be developed pending baseline |
To be developed pending baseline |
Referral to Alternative Measures is one result of the Crown charge assessment process. The completion rate indicates appropriateness of referrals as well as the degree of compliance with the terms and conditions of Alternative Measures agreements. Data are housed on the ministry's JUSTIN system and undergo rigorous testing for quality. |
Performance
Measure 2.2.2 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Number of successful malicious prosecution lawsuits against the Crown |
Benchmark of zero |
Zero |
Zero |
Zero |
A successful malicious prosecution lawsuit is one that has been concluded in favour of the person who was prosecuted. It must show that the prosecution was based on malicious intent, rather than on the primary purpose of Crown carrying the law into effect. Any malicious prosecution, if proven, would be considered a serious contravention of basic justice tenets of fairness and impartiality. Maintaining the benchmark of zero is critical to the integrity of the prosecution process and to public confidence and trust in the process. |
Performance
Measure 2.2.3 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Number of successful wrongful conviction lawsuits per year |
Benchmark of zero |
Zero |
Zero |
Zero |
Wrongful conviction lawsuits do not necessarily represent the current justice system; they can be based on cases that are decades old. Maintaining the benchmark of zero for this measure is critical to the integrity of the prosecution process and to public confidence and trust in the process. |
Objective 2.3:
Secure and affordable criminal programs and services
Core Business Areas:
Court Services, Justice Services
The safety of all persons who attend or preside in court and the affordability of proceedings are critical to an effective criminal justice system serving the public interest. The ministry provides security training for court staff and promotes the use of innovative courtroom technology.
Performance
Measure 2.3.1 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Percentage of video conference appearances as a portion of total in-custody appearances |
Baseline estimate: 10% |
3% increase over baseline |
5% increase over 2005/06 actual |
2% increase over 2006/07 actual |
Court appearances by video conference for accused in custody avoid prisoner transport, guard services and procedures associated with discharge and readmission to correctional centres, all of which reduce security risks. Costs are also avoided and may in the future be reduced when the volume of cases conducted by video conference supports significant scheduling efficiencies. Data are provided by the office of the Project Director, Court Video Conferencing and are considered accurate and reliable. |
Performance
Measure 2.3.2 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Percentage of serious security incidents as a portion of all prisoners escorted and guarded for court appearances and persons searched at search gates |
Baseline to be developed by March 31, 2005 |
Target to be developed pending baseline and new security enhancements |
Target to be developed pending baseline and new security enhancements |
Target to be developed pending baseline and new security enhancements |
A serious security breach is any incident that requires the use of force, and may include such things as an attempted or successful escape, a medical emergency, a bomb threat or the seizure of weapons. |
Goal 3:
An effective civil justice system
The public must trust that the civil justice system is accessible, proportionate and cost-effective. |
The civil justice system gives private citizens and organizations options for resolving their disputes and enforcing their rights and the obligations of others. An effective civil justice system fosters stable, healthy business and personal relationships. The civil justice system is broader than the civil courts and includes alternative dispute resolution and the administrative justice system.
The ministry's role in the civil justice system includes providing efficient court services, supporting access to justice, facilitating the resolution of disputes through processes that are most appropriate to the circumstances, and maximizing the performance of all components of the system.
Performance indices are being developed to serve as key indicators for this goal.
Objective 3.1:
Accessible and efficient civil and family justice services as alternatives to court
Core Business Area:
An effective civil justice system offers a range of alternatives to the traditional court system to support parties in resolving their disputes. Services must be accessible and affordable to parties who require them.
Performance
Measure 3.1.1 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Mean rate of client satisfaction with Small Claims Mediation on a 5-point scale where 5 is very satisfied |
4 |
>4 |
>4 |
>4 |
User satisfaction promotes increased use of innovative dispute resolution. This measure tracks client satisfaction with Small Claims Mediation. Data are collected through client exit surveys (completed after resolution). The data system is currently undergoing refinement in order to maximize long-term reliability. |
Performance
Measure 3.1.2 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Number of cases mediated in Court Mediation Program (Small Claims) |
875 |
900 |
925 |
950 |
This measure tracks the number of small claims cases for which mediation was used as an alternative to court. Data are collected by the Court Mediation Program. The data system is currently undergoing refinement in order to maximize long-term reliability. |
Performance
Measure 3.1.3 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Recovery rate for support payments to families enrolled in the Family Maintenance Enforcement Program (FMEP) |
$0.80 per
$1 due |
$0.81 per
$1 due |
$0.82 per
$1 due |
$0.82 per
$1 due |
This measure is based on the recovery of regular maintenance payments due in the current year combined with the recovery of arrears from previous years. The recovery rate has been increasing since 1992/93, when it was $0.61 for every dollar due. Data are held on a payment processing and disbursement database. |
Performance Measure 3.1.4 |
2004/05 Actual/Base (Projected) |
2005/06 Target |
2006/07 Target |
2007/08 Target |
Cost of collecting family maintenance per dollar recovered |
$0.09 per
$1 recovered |
$0.09 per
$1 recovered |
$0.09 per
$1 recovered |
$0.09 per
$1 recovered |
This measure shows how much the ministry spends to collect each dollar of family maintenance payments. The measure compares total maintenance recovered through the Family Maintenance Enforcement Program against the total expense to government of administering the program. This cost has been decreasing since 1992/93, when the cost was $0.18 per dollar recovered. Data sources are applications and funding allocation records. |
Objective 3.2:
Timely, accessible and efficient court processes
Core Business Area:
Timely, accessible and efficient civil court processes are necessary for the court to be an effective option for parties in dispute. Public confidence is eroded if the process becomes too costly, cumbersome or bureaucratic.
Performance
Measure 3.2.1 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Number of civil court record searches conducted by clients remotely through Internet |
Measure in development |
Baseline to be determined |
10% increase over baseline |
20% increase over baseline |
Electronic access to civil court records will increase accessibility to such records and make the search process more efficient. Phased implementation will begin in 2005/06. Increasing usage levels will reflect the acceptance and functionality of this innovative electronic process. Data collection and analysis procedures are in development. |
Performance
Measure 3.2.2 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Percentage of uncontested divorces processed in five days from filing the order to signing the order, exclusive of the time required for federal authorities to search the federal divorce registry |
90% |
90% |
90% |
90% |
This measure indicates timeliness and efficiency in civil registry operations that affect a large volume of cases. The processing time is tracked from the day an uncontested divorce application is filed until the day the application is signed, but does not include the time required for a federal divorce registry search. The federal search is not controlled by the ministry. Data for the ministry-controlled part of the process reside on the ministry's Civil Electronic Information System (CEIS) and are considered reliable. |
Performance
Measure 3.2.3 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Proportion of provincial population residing within one hour of travel time to the nearest court location |
Benchmark of 95% |
95% |
95% |
95% |
This accessibility measure was derived from 2001 population figures based on the provincial policing jurisdictions. It includes municipal, rural and First Nations reserve populations. The measure monitors the percentage of the provincial population who are able to reach a court location within one hour's travel time. Since British Columbia has a highly mobile population and migration within the province is hard to predict, 95 per cent is considered a realistic benchmark. However, in 2004 the actual result was 98 per cent. Information sources used to develop this measure include: B.C. Statistics, Police Services Division of the Ministry of Public Safety and Solicitor General, and MapQuest website services. |
Goal 4:
Effective legal services enabling government to administer public affairs in accordance with the law
Government must receive high-quality legal advice that contributes to the effective achievement of government goals and priorities. Government must understand, anticipate and manage legal matters and risks in the public interest. |
This goal supports the Attorney General's unique role in government to see that public affairs are administered in accordance with the law. High-quality legal advice and representation help ensure that government services are delivered effectively.
Objective 4.1:
High-quality, cost-effective legal services to government
Core Business Area:
This objective supports the administration of public affairs in accordance with the law and ensures that government is effectively represented before tribunals and the courts. The ministry's Legal Services Branch has made significant progress in reconciling costs with government requirements for legal advice.
Performance
Measure 4.1.1 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Costs compared to private sector (to indicate competitive rates) |
Unavailable |
Benchmarks developed |
Pending benchmark development |
Pending benchmark development |
Comparison of the cost of legal services allows the ministry to monitor and demonstrate cost-effectiveness. |
Performance
Measure 4.1.2 |
2003/04
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Percentage of clients satisfied with:
- timeliness of services
- quality and consistency of services
|
Survey results for 2003/04 showed 85% of clients satisfied with timeliness and quality of services |
87% |
89% |
92% |
The Legal Services Branch delivers legal services to government on the basis of service level agreements with each ministry and agency. These agreements set out the services that are to be delivered, and they require that a ministry or agency provide funding to Legal Services Branch to cover its costs of providing most of these services. The service level agreement process is to be reviewed in 2005/2006. Following that review, Legal Services Branch will conduct another client satisfaction survey. |
Objective 4.2:
Legal risks and issues managed proactively and strategically
Core Business Area:
This objective reflects the importance of anticipating, reducing and managing legal risk as part of the stewardship and sound management of public resources.
Performance
Measure 4.2.1 |
2004/05
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
Legal risk management initiatives and processes in use compared with those of other public sector organizations |
Unavailable |
Appropriate risk management initiatives and processes determined
Benchmarks established |
To be developed pending benchmarks |
To be developed pending benchmarks |
Performance
Measure 4.2.2 |
2003/04
Actual/Base |
2005/06
Target |
2006/07
Target |
2007/08
Target |
System in place for early identification of significant cases |
Unavailable |
Proposal for identification system completed |
Benchmarks determined |
To be developed pending benchmarks |
|