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2005/06 – 2007/08 SERVICE PLAN UPDATE Ministry of Attorney General
Law Reform, Justice, Legal Services to Government and Minister Responsible for Multiculturalism
Strategic Context
Vision, Mission, Culture and Values
Vision: Justice System
A province governed by the rule of law with an effective justice system serving all British Columbians.
THE RULE OF LAW
The rule of law is a fundamental principle in a free and democratic society. It guarantees that law is supreme and that the exercise of public power requires a source in some legal rule. It shields individuals from arbitrary action.
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Vision: Multiculturalism
Safe, sustainable and liveable communities where immigrants can realize their full potential; racism is eliminated; and cultural
diversity is valued and celebrated.
Mission: Justice System
We are responsible in government for law reform, for the administration of justice, and for seeing that public affairs are
administered in accordance with the law.
Mission: Multiculturalism
To meet the settlement needs of immigrants and refugees through English language training, information and support services,
and community bridging initiatives; and to promote multiculturalism and anti-racism through community partnerships and capacity-building
initiatives.
Culture and Values
We are dynamic and innovative leaders in justice and public administration with the following values and operating principles.
- To be performance- and service-focused
- To honour members of the ministry and support them in their learning and development
- To act with professional integrity, independent from interference
- To be forthright and strategic
- To be collaborative and inclusive within the justice system and with the public that we serve
- To adhere to the core values of the British Columbia Public Service, namely integrity, accountability, responsibility,
respect and fostering innovation in providing services
INDEPENDENCE IN THE JUSTICE SYSTEM
A free and democratic society based on the rule of law requires a justice system where decisions are made independently and free from interference. Justice system participants must act according to law and policy without being improperly influenced from outside sources or other participants in the system. Perhaps the clearest expression of independence is the independence of judges, who must be free to adjudicate cases without interference. Similarly, other participants in the justice system, such as police and Crown counsel, must also make decisions free of interference or control by others. This independence ensures a fair system. It operates for the benefit of society and not for the participating components of the system.
Equally, the justice system must serve the public interest and be open to public scrutiny to ensure that it does indeed serve the public interest. Justice system components must work together, recognizing the interdependence of the system without compromising the core principle of independence. |
Planning Context and Key Strategic Issues Related to Justice System
Strengths, challenges, risks and opportunities that are influencing ministry planning for the next three years are summarized
below.
Key Strengths and Opportunities
- In 2004/05, law reform and innovation became the foundation for a cultural change within the ministry, and leadership in
justice system reform became a key ministry goal.
- The ministry continues to build a solid foundation of cooperation and collaboration among the judiciary, the police, the
legal community, and other justice partners, including other ministries. This foundation strengthens the ability of all partners
to administer justice programs and services in the province.
- The ministry's effective use of technology contributes to efficient case management. For example, JUSTIN, an integrated
criminal justice information system, enables rapid and accurate transmission of case information, and eliminates duplicate
data entry. A province-wide civil electronic case management system is enabling similar efficiencies and improvements in accuracy.
Installation of videoconference equipment in courts and correctional centres has improved courthouse security and reduced
the need for in-person escorts.
- The ministry is a leader and facilitator in the use of alternatives to litigation and continues to actively develop and
promote out-of-court options that are more cost-effective and less confrontational than in-court processes and which improve
access to justice.
- The ministry has one of the highest client satisfaction rates for the provision of legal services to government among comparable
organizations in the country. The confidence of its clients and the strong relationships engendered by that confidence facilitate
effective management of legal issues and risks.
- The ministry has a highly professional, well-trained and dedicated staff who bring excellence to the justice system.
Key Challenges and Risks
- Rapid globalization and technological development affect the context in which government operates and are also changing
the nature of crime. Technology assists the expansion of crime across national and international borders. Cyber and commercial
crime is becoming a greater problem. Canada is among the top several countries targeted by international and organized crime
networks; and British Columbia, by virtue of the size and location of its main port city, offers mobility and anonymity for
some newer types of serious crime such as human trafficking.
- There is a growing public demand for greater public safety, including taking stronger action against violent crime and violent
offenders. Growth in policing will have an impact on the remainder of the justice system and could affect the allocation of
resources for other justice system initiatives.
- Criminal prosecutions, especially of organized crime cases, are becoming increasingly complex, and require analysis of large
volumes of documents and technical evidence, greater use of expert witnesses and careful focusing of resources. As cases continue
to grow in complexity, prosecution and court costs continue to increase.
- Civil litigation is becoming more complex and costly. An increasing number of civil cases involve novel issues of law and
procedure, substantial amounts of evidence, utilization of technology, greater use of expert witnesses and multiple parties.
Government is also affected when it is a party in complex civil litigation.
- The increasing cost and procedural complexity of civil litigation is inhibiting public access to the courts. If simple and
affordable dispute resolution options are not available to the public, the credibility of the justice system will be eroded.
- The ministry is only one of many participants in the justice system and does not, and should not, have full control or authority.
Participants must act and make decisions independently and free from interference. At the same time, various organizations
must be accountable.
- An increasing number of married and common-law families are undergoing separation and/or divorce, placing a greater demand
on family justice resources.
- An increase in the number of large, complex cases for which publicly-funded legal representation is sought could jeopardize
the ministry's ability to operate within budget.
- Legal decisions on Charter of Rights and Freedoms issues could place additional obligations on the ministry and government.
- Cost recovery for legal services could lead client ministries and agencies to avoid obtaining appropriate legal services,
which could result in increased litigation against government.
Planning Context and Key Strategic Issues Related to Multiculturalism and Immigration
Key Strengths and Opportunities
- The ministry continues to build working partnerships with immigrant and community serving agencies, local governments, the
federal government and others. This effort strengthens the ability of all partners to support multiculturalism and anti-racism
services, and to ensure the province has ongoing input in the development of immigration policy.
- The B.C. economy rebounded in 2003 and is expected to continue to grow through the coming years. British Columbia has been
a favoured destination for immigrants and temporary residents. Sectoral labour shortages, retiring baby boomers, and build-up
to the 2010 Winter Olympics will all present employment and business opportunities for residents and immigrants in B.C.
- Immigration is increasingly becoming important to support economic growth by providing the largest source of population
and labour force growth, developing job markets, attracting investment and expanding consumer demand.
- B.C. is a favoured destination for international students and receives 30 per cent (approximately 40,000) of Canada's share
each year. The economic benefit these students bring to B.C.'s public post-secondary institutions is estimated between $126
million to $274 million. When the benefits to the private and K-12 sectors (public and independent) are included, the estimated
contribution to the B.C. economy is as high as $443 million.
Key Challenges and Risks
- Within the province, immigrant populations and needs are constantly changing at both the regional and the community level.
Shifts in settlement pattern and clients' needs are outside the control of the ministry but heavily influence the demand on
services and the allocation or distribution of resources.
- Incidents of race and hate activity persist at the community level on an intermittent basis. The nature of these incidents
creates pressures on the provincial government to demonstrate leadership in promoting multiculturalism and preventing racism.
- Third-party service providers' capacities to meet the expectations of government vary. There is a need to establish and
implement a framework to audit and monitor the organizational capabilities of contracted service agencies, particularly in
the areas of governance, financial management, accountability and service standard compliance.
- Immigrant performance is declining. Recently arrived immigrants in B.C. are experiencing lower rates of employment, lower
initial earnings and higher incidences of poverty than previous arrivals. There has also been a decline in official language
ability in immigrants upon arrival, from 60 per cent in 1999 to 50 per cent in 2003.
- Greater global and inter-provincial competition for immigrants means other provinces and nations are increasing their direct
involvement in marketing and supporting immigration initiatives.
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