Core Business Areas

Justice Transformation identifies, develops and sponsors opportunities for reforms to increase capacity and improve access to the criminal, civil and family justice systems. Process changes and other reforms are intended to make the justice system swift, efficient and cost-effective while still resulting in the fair resolution of cases. Where appropriate, opportunities will be pursued for offenders, parties and communities to address and seek solutions to the underlying problems which involve the justice system.

This new business area involves the participation of all other justice-related areas of the Ministry, as well as collaboration with communities, designated government organizations and various justice agencies.

The civil and family justice systems touch everyone in the province.

People seek resolutions to a variety of disputes, ranging from broken contracts, personal injury and land use issues to workers' compensation. Each year, close to 60,000 civil claims are filed in British Columbia courts, and as many as 17,000 cases are filed before agencies, boards or tribunals. Ten thousand couples divorce every year in the province, and over 25,000 family court applications are filed annually, generating orders for child custody, access, maintenance and property division.

The Justice Services Branch leads civil and family law reform within the Ministry and offers a wide array of services to help British Columbians resolve their legal problems in the best way possible. The Ministry's commitment to practical solutions for legal problems includes support for a range of innovative dispute resolution options, from collaborative processes such as mediation to formal decision-making processes such as arbitration and litigation in a court setting. Mediation services provided by Family Justice Counsellors are also offered. These services, delivered by mediators and counsellors at no fee or at a nominal fee, tend to be less stressful and costly and are often faster and simpler than traditional courtroom procedures.

Civil and family justice systems that are accessible and responsive build public trust and contribute to the well-being of families and society as a whole. Justice Services programs such as (Small Claims) Court Mediation, Child Protection Mediation, Family Justice Counsellor Services, and Family Maintenance Enforcement help to support government's wellness initiatives.

Justice Services Branch also has a role in criminal justice system effectiveness. The Branch manages the provincial funding of legal aid and works with the Legal Services Society to assist accused persons who could otherwise not afford legal defense.

Public trust in, and understanding of, the rule of law is essential to our democratic system and to our continued social and economic well-being. Prosecution of crimes must be fair, impartial, just, and respectful of the rights and safety of victims, the accused, and other participants in the justice process.

The Criminal Justice Branch carries out this mandate in British Columbia on behalf of the Crown and is responsible for prosecuting offences under the federal Criminal Code of Canada and Youth Criminal Justice Act and offences under provincial statutes.

When a crime is reported to police, they conduct an investigation, collect evidence and submit a report recommending charges to the ministry's Crown counsel. Crown counsel determine whether there is a substantial likelihood of conviction based on the evidence, and if so, whether prosecution would be in the public interest. Each year, Crown counsel assess over 150,000 potential criminal charges.

Some cases are diverted from court to the Alternative Measures Program,¹ under which individuals accept responsibility for their offence and agree to comply with specific terms and conditions. Diverted cases usually involve minor offences by low-risk or first-time offenders who are considered unlikely to reoffend. However, those whose cases have been diverted and who do not substantially comply with the conditions of their agreements can be returned to court for prosecution.

The Criminal Justice Branch continually pursues reforms and innovations to streamline and improve prosecution services.

There are 44 courthouses and 44 circuit courts in British Columbia. Each year, between 300,000 and 360,000 new criminal and civil cases proceed through these courts. The Court Services Branch delivers administrative support for the conduct of all court events presided over by the independent judiciary at all court locations.

Services include registry and trial support for the Provincial Court of British Columbia, the British Columbia Supreme Court and the British Columbia Court of Appeal; prisoner custody and escort; courthouse security; and maintenance of all court facilities. Court Services must function in a manner that supports the requirement for independent decision-making among justice system participants.

Administrative support for a case may include case documentation and processing, fee collection, file and exhibit management, court clerking, court recording and transcripts, interpreter services, and the preparation and dissemination of court orders. Enforcing court orders can involve holding and transporting prisoners from jails and correctional facilities, collecting court fines and overseeing the civil bailiff process.

Measures are taken to ensure the safety and security of the judiciary, juries, victims, counsel, the accused, witnesses, registry staff, and members of the public who may be in the courthouse.

The Branch continually develops innovative reforms to increase access and improve processes to serve the public more effectively. In developing reforms, the Branch works closely with the police, Crown prosecutors, the judiciary, the bar, and corrections authorities.

Government needs legal advice and representation, just as other corporate entities and individuals do. Government needs advice on many legal matters related to, for example, constitutional law, Aboriginal law, civil and criminal law, environment law, revenue and taxation law, health and social services law, commercial and transportation law, and education and employment law.

The Ministry's Legal Services Branch serves as the government's lawyer. Solicitors within the Branch advise the Attorney General, Cabinet, ministries, and certain public agencies on legal matters to ensure that all areas of the Provincial government act in accordance with the law and minimize any legal risks associated with government operations. Branch barristers represent the government in court and before administrative tribunals.

Most legal advice to government is delivered on the basis of annual service level agreements between the Legal Services Branch and its client ministries whereby ministries fund a substantial portion of the costs of the legal services. The Legal Services Branch is one of only two government legal service providers in Canada² that use service agreements to recover costs. The Branch is acknowledged as a leader in developing innovative ways to use technology and dispute resolution alternatives.

Each year approximately 40,000 immigrants from many different parts of the world move to British Columbia. Newcomers bring diverse talents, strengths and ideas that contribute to the vitality and economic stability of communities across the province. All levels of government work in partnership to welcome immigrants and help them adapt to a new life in the province.

The Multiculturalism and Immigration Branch designs and delivers adult English language instruction and other settlement services to new immigrants. These services support government's Literacy initiative — ReadNow BC — and Asia Pacific initiative and are delivered largely through contracted community-based service providers. In support of government's ActNow BC initiative, the Branch is partnering with community groups to promote good health and nutrition within multicultural communities.

By funding initiatives to increase understanding of multiculturalism and prevent racism, the Branch helps communities foster intercultural harmony. The BC Anti-racism and Multiculturalism Program promotes cross-cultural education and dialogue and helps communities develop appropriate responses to racism and hate. The Branch also works with the Ministry of Economic Development and the Multicultural Advisory Council and other partners to implement a multicultural theme for the 2010 Olympic and Paralympic Winter Games.

The Branch works with the federal government and other provincial ministries and communities to maximize the social and economic benefits of cultural diversity and immigration to British Columbia. Part of this responsibility involves managing and implementing the Agreement for Canada-British Columbia Cooperation on Immigration.

Every large organization needs an effective infrastructure to support operational requirements and ensure organizational capacity. This core business area consists of the offices that provide a variety of services to help the ministry achieve its mandate and goals.

Executive and Support Services has responsibility for ministry-level strategic and business planning, performance reporting, and the ministry's legislative agenda. Other services include strategic human resources, information and technology, finance and administration and facilities services. This core business area also administers freedom of information records and privacy services.

Executive and Support Services has responsibility for providing public policy advice related to a number of areas within the Attorney General's mandate. This includes support for the province's involvement in criminal justice policy and law reform, which requires advocating for British Columbia at the federal level and collaborating with others involved in the criminal justice system such as the federal government, the Ministry of Public Safety and Solicitor General, other provincial ministries, the police, and the judiciary. Other policy areas include the legal professions, judicial compensation, adult guardianship and personal planning, and the legislative frameworks governing the independent agencies, boards and commissions that report to or through the Attorney General.

Executive and Support Services also has a role in British Columbia's human rights system. This includes human rights education, the Human Rights Clinic, which provides assistance to eligible complainants and respondents throughout the province, and providing the funding for the British Columbia Human Rights Tribunal — the independent, quasi-judicial body that adjudicates human rights complaints.

This core business area is also responsible for policy that supports government's democratic reform commitments.

An overview of the Information Resource Management Plan is available on the Ministry website at: http://www.ag.gov.bc.ca/serviceplan/irmp.htm