Core Business Areas

Court Services

Court Services provides the infrastructure and administration through which many justice system processes flow. Using technology, Court Services also develops innovations to streamline and modernize court processes. These innovations enable Court Services to meet the ministry goal of law reform and innovative justice procedures while improving the effectiveness of the criminal, civil and family justice systems. Court Services develops processes that will foster increased public access, understanding and confidence while improving safety and security for court participants and the public as a whole. Court Services also works with federal, municipal and aboriginal governments to develop modern and effective services that meet participants’ needs in the most appropriate manner.

The Court Services Branch delivers all administration services to the courts presided over by the independent judiciary at three separate levels: the British Columbia Court of Appeal, the British Columbia Supreme Court and the Provincial Court of British Columbia. Court Services must function in a manner that supports the requirement for independent decision-making among participants in the justice system.

The branch provides services to other justice system participants as follows:

• Judiciary: The judiciary direct the scheduling of all court appearances and all judicial sittings. Court Services supports these court events by providing administrative services, personnel, case documentation and trial support, document production, management of jury selection, interpreter services, prisoner appearances and courtroom and courthouse security. Court Services develops supporting operational policies and procedures in consultation with the judiciary and stakeholders.
• Counsel: Court Services informs counsel of operational changes affecting court processes. Court Services also provides support through the standardization of documents such as reports, forms and requests. All are accessible to counsel on the internet.
• Police and Corrections Authorities: Court Services works with these authorities to provide efficient and secure handling of persons in custody and in the development of case tracking and business reform initiatives.

Legal Services

As set out under the Attorney General Act, Legal Services helps fulfill the Attorney General’s role in government. Legal Services Branch is central to the ministry’s role in seeing that public affairs are administered in accordance with the law and that legal risks associated with government operations are minimized. In keeping with the ministry’s objectives of high quality cost-effective legal services to government and the proactive management of legal risks, Legal Services works to provide the most cost effective legal services to government, and to recognize and anticipate potential litigious issues that may create legal risk.

Through the Legal Services Branch, the ministry provides a range of legal services to government, including advice to ministries and Cabinet, legislative drafting and representing the government in court and before administrative tribunals.

Branch clients are government ministries, the Attorney General, Cabinet, Crown corporations and public agencies. All legal services to government on civil law matters are delivered directly or through ad hoc arrangements whereby the ministry supervises retainers or contracts with outside counsel.

The Legal Services Branch is one of two government legal service providers in Canada¹ with an annual service level agreement with client ministries through which ministries fund a substantial portion of the costs of legal services. These comprehensive agreements set out financial commitments and service commitments.

1	The other provider is the Province of Manitoba.

Prosecution Services

Prosecution Services undertakes the Attorney General’s independent role of law officer of the Crown to assess and conduct prosecutions and appeals of offences under the Criminal Code of Canada, the Youth Criminal Justice Act and provincial statutes. This role is central in a democracy governed by the rule of law and critical to the ministry goal of an effective criminal justice system. Prosecution services that are effective also contribute to public safety and confidence in the administration of criminal justice within the province.

Prosecutorial functions and responsibilities of the Attorney General are carried out by the Criminal Justice Branch and are governed by the Crown Counsel Act. These responsibilities must be carried out objectively and fairly, without improper influence or interference from any source. Crown counsel make their prosecutorial decisions independently of the many other participants in the justice process such as the police, witnesses, and the judiciary.

By using a charge approval process, Crown counsel ensure that cases which go to court are sufficiently supported by the anticipated admissible evidence, and that prosecutions are pursued only if they are in the public interest.

Through internal reform projects and leadership positions in national and international justice organizations, the Criminal Justice Branch fosters a culture of justice reform that can benefit all participants in the criminal justice process.

Justice Services

Justice Services leads the ministry’s responsibilities in civil and family law reform, administrative justice reform and justice services. Justice Services works with justice system stakeholders such as the courts, the bar, other ministries and justice associations to develop innovations that will improve public access to justice services. In doing so, it supports the ministry’s reform agenda and goals for effective criminal, civil and family justice systems.

The Justice Services Branch develops and implements dispute resolution alternatives to court, enforces registered maintenance orders and agreements, and manages the provincial funding of legal aid in consultation with the Legal Services Society. A full range of innovative dispute resolution options allows parties in conflict to be actively engaged in creating enduring agreements designed to meet their needs. Examples of alternatives that increase access by offering choices to individuals and families in conflict include:

• Parenting After Separation helps parents make informed choices about separation and the best interests of their children;
• Child Protection Mediation uses mediation to help families reach early resolution of child protection disputes;
• Family Justice Dispute Resolution assists families undergoing separation and divorce with issues related to child custody, access, guardianship and child or spousal support;
• Maintenance Enforcement and Locate Services facilitates full payment of child and spousal maintenance by monitoring and enforcing maintenance orders and agreements.

The branch also promotes innovative policies, practices and procedures for more than 30 quasi-judicial tribunals that deliver administrative justice. Tribunals are used by thousands of people every year to resolve disputes such as residential/tenancy disagreements or human rights complaints.

In addition, the branch provides funding to volunteer boards that operate justice programs. These include the British Columbia Mediator Roster Society, which maintains a roster of civil and family mediators who are available to the public, litigants, lawyers and judges, and the British Columbia Dispute Resolution Practicum Society, which offers free mediation services to Small Claims Court litigants. Funding is also given to the Law Courts Education Society and the Public Legal Education Society (People’s Law School) to provide public legal education.

Justice Services Branch works with the Ministry of Children and Family Development and the Legal Services Society to expand the use of child protection mediation initiatives across the province, and with the Ministry of Aboriginal Relations and Reconciliation to introduce dispute resolution provisions for use in Agreements-in-Principle and Final Agreements. The Branch participates in the British Columbia Justice Review Task Force — which also includes the Law Society of BC, the Canadian Bar Association, and the judiciary — to identify potential civil and family justice reforms.

Multiculturalism and Immigration

The Multiculturalism and Immigration Branch funds programs and services that support newcomers, multiculturalism and anti-racism. The branch also supports development of provincial immigration policy.

Multiculturalism and Immigration programs include:

• BC Settlement and Adaptation funds third parties to provide basic adult English language instruction and other settlement service supports to new immigrants;
• BC Anti-Racism and Multiculturalism funds third-party initiatives designed to increase understanding of multiculturalism, and prevent and eliminate racism;
• Critical Incident Response Model, a three-year, three-step process, assists B.C. communities to develop local responses to racism and hate activity;
• support for the work of the Multicultural Advisory Council, which is composed of people appointed to advise the Minister Responsible for Multiculturalism on issues related to multiculturalism and anti-racism; and
• management of the implementation of the Agreement for Canada – British Columbia Cooperation on Immigration and direct negotiation of issues related to the Agreement and other Memoranda of Understanding related to immigration matters.

Executive and Support Services

Executive and Support Services contributes to all ministry goals and consists of the Attorney General’s Office, the Deputy Attorney General’s office, and the offices below. This core business area also includes the Office for Children and Youth, the BC Review Board, and the BC Human Rights Tribunal as they are funded by, and report to, the Attorney General.

Management Services Branch provides corporate financial and administrative services, information technology, strategic human resources and facilities services to the Ministry of Attorney General as well as to the Ministry of Public Safety and Solicitor General, and the Ministry of Aboriginal Relations and Reconciliation.

Criminal Justice Reform Office (CJRO) leads criminal justice reform and develops innovative solutions to criminal justice challenges. CJRO reports to the Deputy Attorney General with ties to the Ministry of Public Safety and Solicitor General, and maintains working relationships with criminal justice system participants and with its counterparts in other jurisdictions.

Strategic Planning and Legislation Office (SPL) leads ministry strategic planning and related corporate initiatives. SPL also provides policy advice in areas such as human rights, personal planning instruments, the provincial electoral system, judicial compensation, and the legislative frameworks governing the legal profession, notaries, and independent agencies, boards and commissions reporting to the Attorney General.