Performance Plan: Justice System
Justice System Key Outcome Indicator
Public safety and an effective justice system are key priorities for government, and, as discussed earlier, are necessary for social stability and economic prosperity. The ministry is developing a comprehensive performance measurement system and has determined that public confidence in the justice system is a key indicator of an effective justice system.
The key outcome indicator below supports all four justice system goals. It is reported every five years by Statistics Canada as part of a general social survey on the activities and perceptions of Canadians. In 2008, Statistics Canada will report new provincial results from the next general social survey.
The ministry will conduct an annual survey on public confidence in the justice system and the survey results will be compared with Statistics Canada data.
| Key Indicator | Baseline | 2006/07 Target |
2007/08 Target |
2008/09 Target |
|---|---|---|---|---|
| Percentage of British Columbians who have a great deal or quite a lot of confidence in the justice system | 50.2%* | Maintain or improve baseline | Maintain or improve baseline | Maintain or improve baseline |
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| * | Data Source: Statistics Canada, General Social Survey on Social Engagement (GSS), Cycle 17, 2003. |
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.
Core Business Areas:
All
Objective 1.1:
Ministry as a centre for promoting law reform
Law reform is a ministry priority. By engaging in strategies that promote and support law reform, 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 is recommending 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.
Objective 1.2:
Innovation in civil, criminal and administrative justice procedures
The ministry is committed to continuous improvement of civil, criminal and administrative justice processes. 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.
Objective 1.3:
Ministry is innovative in providing legal 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.
Strategies
- Evaluate the current justice system and research new knowledge on:
- how to make the justice system more responsive;
- how to provide better access to justice;
- how to improve court processes;
- how to reform current laws and legislation;
- how to apply technology to the justice system; and
- how to make the justice system more efficient;
and then using those evaluations and applying that knowledge to suggest new and improved laws, legal processes and justice services for the public.
Performance Measures and Targets
The ministry has not established specific performance measures for this goal. The implementation of the strategies of this goal will result in the improvement, modernization and reform of the law and justice processes. In addition to the public confidence measure that is the key outcome indicator for the justice system, the performance measures established in goals 2, 3 and 4 will be key indicators of the success of this goal.
| Intermediate Outcomes | Long-term Outcomes |
| The law is relevant, understandable, modern and fair. The ministry is an influential leader in law reform and justice matters at the provincial and federal levels. The ministry provides, and is recognized as, an avenue for addressing law and justice concerns. |
The public is confident that the law and justice processes are responsive to public demands and societal needs. Ministry goals 2, 3, and 4 are accomplished. |
Goal 2:
An effective criminal justice system
The criminal justice system must be — and must be seen to be — fair, impartial and just. It must be responsive and reliable and operate with appropriate speed. The public must understand the system and have confidence that it is effective.
The criminal justice sector comprises several separate independent, yet interdependent, organizations. Components include Prosecution Services, Court Services, Legal Aid, Corrections, Police Services and the Judiciary. The system must be responsive and reliable. It must operate in a principled manner that serves the public interest. As a key participant, the ministry strives for process that ensures the administration of justice is fair, impartial and just.
An effective criminal justice system requires and builds public confidence. The system must safeguard the rights of the accused and, at the same time, deliver justice on behalf of victims, accused and communities. This requires that the system operates with appropriate speed, is secure and efficient, and is understood by the public.
Core Business Areas:
Prosecution Services; Court Services, Justice Services, Executive and Support Services
Objective 2.1:
Fair, impartial and just criminal prosecutions and appeals
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 percent) of accused persons from the court process where appropriate. Four percent out of the 17 percent are directed to Alternative Measures.2 This ensures that court and Crown resources are used for cases that warrant full prosecutions.
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| 2 | The Alternative Measures Program diverts low-risk offenders from the traditional court system to a process that allows more personal restitution to victims and communities. |
Objective 2.2:
Criminal prosecutions and appeals processed with appropriate speed
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.
Objective 2.3:
Safe and secure criminal justice programs and services
The safety and security of all persons who attend or preside in court are critical to an effective criminal justice system serving the public interest. The ministry provides an integrated threat assessment and risk management program that works in cooperation with law enforcement agencies; sets operational security policies for courthouse security screening and use of force; establishes courthouse security design standards; provides training for court security staff; and promotes the use of technology and modern safety equipment.
Objective 2.4:
Reliable criminal justice services
Participants in the criminal justice system must be able to rely on events happening on the dates that the system sets. An effective and efficient system will ensure that the public can be certain that processes will take place when they are scheduled.
Objective 2.5:
Public understanding of the criminal justice system
Public confidence in the justice system is about perceptions of the system — which may or may not be based on factual information, knowledge of the system or experience in the system. Public understanding influences the level of citizen engagement in the system and therefore contributes to the effectiveness of the system.
Strategies
- Operate the criminal justice system fairly and efficiently and with appropriate speed.
- Integrate, where appropriate, the work of criminal justice system participants, including sharing information about all parts of the system, in order to improve system operation and decision-making.
- Evaluate the performance of the criminal justice system, internally and from the perspective of the public.
- Determine the feasibility of criminal justice reform and innovation suggestions and implement those reforms that are supported.
- Apply technology to streamlined and effective criminal justice processes.
- Inform the public about the criminal justice system.
Performance Measures and Targets
Measures for Goal 2 are related to the following outcomes.
| Intermediate Outcomes | Long-term Outcomes |
| People have confidence that when they report a crime there will be action taken. Crimes are reported to police. Crimes are investigated and solved. People who have committed crimes are brought to justice. Trials are held with appropriate speed and decisions are reached without delay. Victims and witnesses are satisfied that their needs have been met. |
There is a lower per capita incidence of crime. There are fewer victims of crime per capita. There is a reduced fear of crime and an increased perception of safety. The public is confident the criminal justice system operates fairly and with reasonable speed. The public is confident that innocent people accused of a crime are absolved, and those who have committed crimes are found guilty. The criminal justice system is recognized as a critical part of the foundation that sustains and fosters social stability and economic growth. |
| Performance Measures | Baseline | 2006/07 Target |
2007/08 Target |
2008/09 Target |
|---|---|---|---|---|
| Percentage of all British Columbians 15 years and older who perceive that the criminal courts do a good job of: |  |
Improve from baselines |
Improve from baselines |
Improve from baselines |
| • providing justice quickly | 11% | |||
| • helping the victim | 16% | |||
| • determining whether or not the accused is guilty | 22% | |||
| • ensuring a fair trial for the accused | 43% |
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| Data Source: Statistics Canada, General Social Survey on Victimization (GSS), Cycle 18, 2004. These baseline results are specific to British Columbia. This measure is used by Statistics Canada to examine public perceptions of criminal courts across all provinces (but excluding the territories). The next Statistics Canada report on victimization is due in 2009. | |
| The ministry will conduct surveys on public perceptions of the criminal justice system. Questions about the criminal courts will be based on this measure, ensuring that the language is consistent with that used by Statistics Canada so that results can be compared. | |
| Performance Measures | 2005/06 Actual/Base |
2006/07 Target |
2007/08 Target |
2008/09 Target |
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| Average time to disposition for: | |
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| • traffic cases | 186 days | 186 days | 177 days | 168 days |
| • adult and youth criminal cases | 170 days | 170 days | 162 days | 154 days |
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| Data Source: Court Services CORIN database. Time to disposition for traffic cases is based on the date the notice of dispute was filed and the date the dispute was concluded. Time to disposition for adult and youth cases is based on the date of the first appearance in court and the concluded date. Adult and youth cases exclude those where the primary charge is an administrative one, such as breach of a court order or failure to appear. | |
Goal 3:
Effective civil and family justice systems
The civil and family justice systems must be and must be seen to be fair, impartial and just. They must be responsive, reliable, proportionate and cost-effective. The public must understand the civil and family justice systems and have confidence that they support the resolution of problems and disputes in a timely and effective manner.
The civil and family justice systems help private parties solve problems and resolve disputes. The civil justice system also includes administrative tribunals that provide alternatives to court to resolve disputes between private parties and between individuals and government.
Effective civil and family justice systems are accessible, understood by the public and promote public confidence. This requires a range of dispute resolution options where procedures and costs are proportionate to the nature of the issues involved.
The ministry’s role in the civil and family justice systems includes providing effective court services including a safe environment; supporting access to justice; facilitating the development and use of problem-solving and dispute resolution options through processes that are most appropriate to the circumstances; and maximizing the performance of all components of the system.
Core Business Areas:
Justice Services, Court Services, Executive and Support Services
Objective 3.1:
Accessible and efficient civil and family court processes
Timely, accessible and efficient civil and family 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.
Objective 3.2:
Accessible civil and family justice services as alternatives to court
Effective civil and family justice systems must offer 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.
Objective 3.3:
Safe and secure environment for resolving civil and family disputes
The safety and security of individuals and families using the justice system are paramount to ensure willingness to utilize the full range of dispute resolution mechanisms. Voluntary participation in available options supports an effective system.
Objective 3.4:
Public understanding of the civil and family justice systems
Knowledge of the civil and family justice systems can lead to greater utilization and access to the system. It also relates to public confidence in the system. Public understanding influences the level of citizen engagement in the justice system and therefore contributes to its overall effectiveness.
Strategies
- Operate the civil and family justice systems fairly and efficiently.
- Improve access to justice by:
- simplifying and streamlining justice processes;
- using and fostering a problem-solving approach to matters that engage the civil and family justice systems; and
- providing to the public effective sources of information about law, legal processes and justice services.
- Evaluate the performance of the civil and family justice systems internally and from the perspective of the public.
- Determine the feasibility of civil and family justice reform and innovation suggestions and implement those reforms that are supported.
- Apply technology to streamlined and effective civil and family justice processes.
Performance Measures and Targets
Measures for Goal 3 are related to the following outcomes.
| Intermediate Outcomes | Long-term Outcomes |
| A wide range of in-court and out-of-court options is available for resolving problems and disputes. People use, and are satisfied with, the range of options available for resolving problems and disputes. People get resolutions that are proportionate to their means and needs. Justice decisions that affect children are not delayed, and action is taken with appropriate speed. People are satisfied with, and abide by, the results obtained through the options they chose. The use of out-of-court options for resolving disputes increases. |
The public is confident that the civil and family justice systems deliver fair resolutions with reasonable speed. The rights of all parties in dispute are respected and enforced. People rely on the civil and family justice systems and avoid illegal remedies. The civil justice system is recognized as a critical part of the foundation that sustains and fosters social stability and economic growth. Family conflict decreases, and children in families where conflict has occurred are better adjusted. Children are able to adjust following a marriage breakdown or divorce. Following a divorce, the relationships between parents and children are positive and constructive. Children’s and spousal rights are respected and enforced. Fewer police, health care, social support and education system resources are required to respond to the consequences of family breakdown. Family conflicts reach early, positive resolutions and contribute to stability in the business and employment sectors. |
| Performance Measure | 2005/06 Actual/Base |
2006/07 Target |
2007/08 Target |
2008/09 Target |
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| Average rate of client satisfaction with child protection mediation on a 5-point scale where 5 is very satisfied | 3 | 3 | 3 | >3 |
| Average rate of client satisfaction with small claims mediation on a 5-point scale where 5 is very satisfied | 4 | >4 | >4 | >4 |
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| User satisfaction promotes increased use of innovative dispute resolution alternatives to court. The ministry collects satisfaction data through client exit surveys that are completed after resolution. A public confidence measure similar to the public perception measure for Goal 2 will be established for the civil and family justice systems. Until this measure is available, the two satisfaction measures above will be used. | |
| Performance Measure | 2005/06 Actual/Base |
2006/07 Target |
2007/08 Target |
2008/09 Target |
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| Small claims settlement rate | >52% | >52% | >52% | >52% |
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| This measure tracks the proportion of disputes that reach settlement following a referral to the Court Mediation Program. Settled cases are defined as those that are resolved at mediation plus those that are settled after referral, but before the mediation actually begins. The latter type of case is included based on the assumption that referral to mediation stimulates the private settlement process. | |
| Performance Measure | 2005/06 Actual/Base |
2006/07 Target |
2007/08 Target |
2008/09 Target |
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| Average time to disposition for: | ||||
| • small claims settlement conferences from case initiation | 186 days | 186 days | 176 days | 167 days |
| • small claims actions | 303 days | 303 days | 288 days | 273 days |
| • child protection hearings | 18 days | 18 days | 17 days | 17 days |
| • family hearings | 113 days | 113 days | 107 days | 102 days |
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| This four-part measure informs both the civil and family justice systems. The first two parts include only those cases entered onto the Courts Electronic Information System (CEIS), which allows time-specific information to be tracked. | |
| “Small claims settlement conferences” is the average time between case initiation and the first conference appearance where a result is recorded. | |
| “Small claims action” is the average time between case initiation and the first trial appearance where a result is recorded. | |
| “Child protection hearings” is the average time between the date on which the parties first agreed to a hearing or a trial date and the first hearing or trial date where a result is recorded. | |
| “Family hearings” is the average time between the date on which the parties first agreed to a hearing or a trial date and the first hearing or trial date where a result is recorded. | |
| Performance Measure | 2005/06 Actual/Base |
2006/07 Target |
2007/08 Target |
2008/09 Target |
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| Proportion of provincial population residing within one hour of travel time to court | 98% | 98% | 98% | 98% |
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| This measure was derived from 2001 population figures based on provincial policing jurisdictions. It includes municipal, rural, and First Nations reserve populations. 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.
Core Business Areas:
Legal Services, Executive and Support Services
Objective 4.1:
High-quality, cost-effective legal services to government
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 and balancing costs with government requirements for legal advice.
Objective 4.2:
Legal risks and issues managed proactively and strategically
This objective reflects the importance of anticipating, reducing and managing legal risk as part of the stewardship and sound management of public resources.
Strategies
- Attract, retain and support high quality lawyers within the public service.
- Evaluate the cost of the legal services against the benchmark of comparable private sector lawyers.
- Where appropriate, develop innovative approaches to providing legal services through alternate dispute resolution, technology and best practices.
- Evaluate and implement appropriate processes to manage government legal issues and risks effectively and in the public interest.
Performance Measure and Target
The measure for Goal 4 is related to the following outcomes.
| Intermediate Outcomes | Long-term Outcomes |
| Government administers public affairs according to the rule of law. Legal services to government are delivered efficiently and effectively. Government mitigates its legal risks and avoids unnecessary litigation. |
The public is confident that government administers its affairs according to the rule of law.
The public is confident that government defends the public interest in a principled manner. By administering its affairs according to the rule of law, government fosters and sustains social stability and strong economic growth |
| Performance Measure | 2005/06 Actual/Base |
2006/07 Target |
2007/08 Target |
2008/09 Target |
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| 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% |
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| 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 2006. Following that review, Legal Services Branch will conduct another client satisfaction survey. | |
