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Ministry of Attorney General  

September Update
Budget 2005 Home
 
B.C. Home  September Update - Budget 2005  Goals, Objectives, Strategies and Results

Goals, Objectives, Strategies and Results

Ministry Goals and their Linkage to the Five Great Goals

Through the Attorney General's unique role as law officer of the Crown, the ministry's key roles in the justice system and its responsibility for multiculturalism and immigration, the Ministry of Attorney General contributes to the achievement of all of government's Five Great Goals. A trusted system of justice based on the rule of law provides a strong foundation from which the economy can grow and society can flourish.

Stable and healthy business and personal relationships based on fairness and equality are fostered when everyone in the community has confidence that their relationships with others, including government, are based on a legal system that is just. This means a justice system that is fair, timely, secure and accessible. It also includes providing legal advice to government to ensure that the community has confidence that public administration is lawful.

A trusted justice system is necessary to attract investment and ensure continued economic development, directly contributing to the great goal of creating more jobs per capita than anywhere else in Canada.

By supporting public safety and modern regulatory approaches, the criminal justice system assists in achieving goals that have a regulatory component. For example, environmental protection prosecutions, fairly and effectively conducted, will help achieve the great goal of leading the world in sustainable environmental management, with the best air and water quality and best fisheries management.

In addition, the ministry has responsibility for key legal frameworks that protect vulnerable populations in our province. These frameworks contribute to the great goal of providing the best systems of support for persons with disabilities, those with special needs, children at risk and, particularly, for seniors. They include human rights legislation, support for the Office of Children and Youth and the legal framework and administrative support for the Public Guardian and Trustee.

Finally, the ministry contributes to the great goal of a province that is the best educated and most literate on the continent by supporting public legal education, and through its responsibility for multiculturalism and immigration. Strategies that support the diversity of our population, maximize the social and economic benefits of immigration and assist in integrating immigrants into our society assist the economy and contribute to the great goal of creating more jobs per capita than anywhere else in Canada.

Ministry Mission Statements.

Ministry Performance Plan Summary

Performance information in this Summary is divided into two sections. Part I focuses on the provincial justice system. Part II concerns multiculturalism and immigration.

Ministry Performance Plan Summary.

Part I: Justice System

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 justice system over 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.

Examples of Annual Volume in Ministry Operations
(Based on 2004/05 Data)

Court Services • 330,000 civil and criminal case filings

• 132,000 prisoner 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

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.

Key Strategic Priorities

For the next three years, the ministry will focus on several key strategic priorities in order to achieve the goals and objectives in this service plan.

  1. Develop and implement strategies to promote public confidence in the administration of justice, including:
    • strategic law reform plans;
    • family and civil justice reforms;
    • Vancouver Community Court Pilot;
    • province-wide Integrated Criminal Justice Strategy in partnership with the police; and
    • E-government justice processes that expand public access to court services
  2. Strengthen the legal framework that protects vulnerable and incapable adults and that enables effective individual planning for incapacity.
  3. Undertake a comprehensive review of provincial legislation, operational policies and negotiation mandate to define changes that would be required to meet “honour of the Crown” requirements suggested by the courts.
  4. Work with federal and provincial counterparts to examine sentencing options and guidance given to the courts by legislators in problem areas such as violent crime, habitual offenders and property crime.
  5. Build on strategies to enhance social and economic benefits of cultural diversity and immigration, including:
    • strengthening language training and settlement services;
    • promoting multiculturalism through 2010 Olympic and Paralympic Winter Games and the Asia-Pacific Initiative; and
    • promoting anti-racism.

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:

All

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 available in Service Plan Milestones and dates 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, Executive and Support 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
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:

Legal Services. Executive and Support Services

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 Not available Information Technology Plan approved To be developed To be developed
Technology assists in the provision of legal services to government by improving litigation, document and case management techniques. The ministry is already a leader in this area, and the Legal Services Branch will use this measure to track continued leadership and innovation.

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, Executive and Support 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 benchmark 9% lower than benchmark 9% lower than 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:

Prosecution Services, Executive and Support Services

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 (4) 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 To be developed
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, Executive and Support 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
Number of serious security incidents as a portion of all court days Baseline unavailable Baseline developed Target to be developed Target to be developed
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.

Note: This measure has been revised to be consistent with the Critical Incident Reporting System in use since January 2005. Critical Incident Reports now identify a range of locations where serious incidents inside, outside, and around the courthouse have occurred. Court days has been selected as the most consistent and dependable denominator available to calculate the revised measure.

This measure was previously stated as: Percentage of serious security incidents as a portion of all prisoners escorted and guarded for court appearances and persons searched at search gates.

Goal 3:

An effective civil justice system

The public must trust that the civil service 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:

Justice Services, Executive and Support Services

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) $.80 per
$1 due
$.81 per
$1 due
$.82 per
$1 due
$.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 $.09 per $1 recovered $.09 per $1 recovered $.09 per $1 recovered $.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 $.18 per dollar recovered. Data sources are applications and funding allocation records.

Objective 3.2:

Timely, accessible and efficient court processes

Core Business Area:

Court Services, Executive and Support Services

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% is considered a realistic benchmark. However, in 2004 the actual result was 98%.

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 web site 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:

Legal Services, Executive and Support Services

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 To be developed To be developed
Comparison of the cost of legal services allows the Ministry to monitor and demonstrate cost-effectiveness.
Performance
Measure 4.1.2
2004/05
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:

Legal Services, Executive and Support Services

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 To be developed
Performance
Measure 4.2.2
2003/04
Actual/Base1
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

1  The baseline year should be 2004/05 and not 2003/04 as is incorrectly shown here.

 

Part II: Multiculturalism (and Immigration)

The ministry manages the planning, funding, implementation and administration of anti-racism, multiculturalism, and immigrant settlement programs. Working in close partnership with third-party organizations and communities, the ministry plays a pivotal role in helping newcomers adapt to life in Canada and in assisting communities to support multiculturalism and combat racism.

As responsibility for immigration is shared between the federal and provincial governments, the ministry is also responsible for negotiating and managing bilateral immigration agreements; working across ministries to ensure policy, programs and services are consistent; and developing policy to ensure the province's immigration interests are effectively represented and met.

Goal 1:

Full participation of immigrants in social and economic opportunities

The ministry will work collaboratively and strategically in providing leadership and developing new partnerships to challenge racism, promote the many benefits cultural diversity brings to all B.C. communities, and advance the development of multiculturalism, settlement and immigration policies, programs and services.

As immigration continues to play an important role in the province's social and economic development, it has also created a dynamic, open and diverse society that has enriched the social and cultural fabric of B.C. Through leadership, partnerships, strategic influences, and program development and delivery, the ministry coordinates federal, provincial and public-private activities to better meet the province's interests in anti-racism, multiculturalism, settlement and immigration.

Objective 1.1:

Improved settlement and socio-economic outcomes for immigrants

Core Business Area:

Multiculturalism and Immigration, Executive and Support Services

Enabling and expediting the settlement of immigrants directly benefits immigrants and their local communities. The ministry will build community capacity to support new immigrants and refugees through settlement, language training and adaptation programs.

Performance
Measure 1.1.1
2004/05
Actual/Base
2005/06
Target
2006/07
Target
2007/08
Target
Percentage of recent immigrants in language training who report greater ability to use English 77% 80% 85% 85%
The ability to speak, read and write the language(s) of the adopted country assists settlement and allows new immigrants to access the amenities and services that are available in the communities where they are residing. Facility in the English language can also help immigrants make the best use of education and employment opportunities.
     
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