Goals, Objectives, Strategies and Results

Ministry Goals

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.

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.

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 to the nature of the issues involved, 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.

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.

1. Effective immigrant settlement and adaptation services, and multiculturalism and anti-racism initiatives The Ministry will work collaboratively and strategically to provide leadership and develop new partnerships to challenge racism, promote the many benefits cultural diversity brings to all British Columbia communities, and advance the development of multiculturalism, settlement and immigration policies, programs and services.

Linkage to Government's Five Great Goals

The justice system is a vital component of a democratic society. A justice system that protects rights and seeks timely resolutions fosters and sustains social stability and economic growth. A trusted justice system supports our institutions and our governance. It strengthens our capacity to create jobs, and our ability to manage the environment, to assist the vulnerable, and to make ourselves healthier and better educated.

The Ministry's role is to strengthen this essential foundation so that government's vision for a prosperous and just province can be realized, and so that all Five Great Goals can be achieved. The Ministry's responsibility for multiculturalism, as well as its responsibility for the human rights system, further supports the foundation for achieving the Five Great Goals.

Cross Ministry Initiatives

This section explains how the Ministry of Attorney General is supporting government's cross ministry priorities.

ActNow BC

ActNow BC, led by the Ministry of Tourism, Sport and the Arts, combines cross government and community-based approaches to promote healthy living choices for British Columbians. The programs and initiatives champion healthy eating, physical activity, ending tobacco use, and healthy choices during pregnancy.

The Ministry of Attorney General will fund development of a new health-focused curriculum for use in English Language Services for Adults classes. Public education materials that encourage better health outcomes for multicultural communities are also planned.

Asia Pacific Initiative

The British Columbia Asia Pacific Initiative ensures the province has a coordinated and targeted strategic plan in place that takes full advantage of B.C.'s Pacific Gateway advantages and Asian cultural and language base. The Asia Pacific Initiative defines B.C.'s future role in the Asia Pacific economy and identifies the immediate priority actions that must be taken to further integrate the province into Asian markets.

To enhance the province's Asia Pacific identity, the Ministry is promoting cultural diversity by building partnerships and collaboration and supporting the efficient delivery of multicultural services. To support the development and growth of smaller communities outside the Lower Mainland, the Ministry is implementing regional immigration pilots and raising awareness about the benefits of multiculturalism and the elimination of racism.

Crystal Meth Strategy

Government's Crystal Meth Strategy, led by the Ministry of Public Safety and Solicitor General, targets the use and production of Crystal Meth through an integrated framework that strengthens partnerships among communities, service providers and law enforcement agencies. The Crystal Meth Secretariat was established in 2005 to support new and continuing initiatives based on prevention, treatment and enforcement.

The Ministry of Attorney General leads federal/provincial/territorial work on this initiative, including the preparation of recommendations for law reform, practices to strengthen national and provincial controls on precursors and equipment used in production, enforcement and community empowerment strategies.

Literacy

The Government of British Columbia has set a goal to make B.C. the best-educated, most literate jurisdiction on the continent. To be considered literate, a person has sufficient reading skills to understand and process printed information encountered in everyday activities. The Ministry of Education is leading the development and implementation of the Provincial Literacy Action Plan — ReadNow BC — to help British Columbians improve their reading skills.

The Ministry of Attorney General supports this initiative by designing, administering and delivering, through third-party agencies, adult English language instruction and other settlement services to new immigrants.

2010 Olympic and Paralympic Winter Games

All provincial ministries, agencies and Crowns have been working together to ensure every available opportunity to develop sustainable economic legacies are explored and pursued so that businesses and communities in British Columbia benefit from the Games.

The Ministry of Attorney General is collaborating with the Ministry of Public Safety and Solicitor General to develop security plans and other plans to ameliorate possible disruptions in operations that might be caused by extra demands placed on police and other justice agencies during the Games. The Ministry is also working with the Ministry of Economic Development, the Multicultural Advisory Council and other partners to implement a multiculturalism theme for the 2010 Olympic and Paralympic Winter Games.

Regulatory Reform and Citizen-Centred Service Delivery

British Columbia continues to make regulatory reform a priority across government, making it easier for businesses to operate and succeed in British Columbia, while still preserving regulations that protect public health, safety and the environment. A citizen-centred approach to regulatory reform will reduce the number of steps it takes to comply with government requirements or access government programs and services.

Citizen-centred service delivery is a government-wide initiative to coordinate information, programs and services so that they can be presented to citizens in a way that takes their needs into account from beginning to end. The vision is to make it possible for citizens to access the government information and services they need in a simple and timely manner with a phone call, a mouse click or a visit to a service centre, no matter how many programs or ministries are involved in their request.

The Ministry of Attorney General is developing a centralized processing centre that will give the public a single point of contact for violation ticket disputes. The Ministry is leading a cross ministry review to eliminate requirements for sworn statements and affidavits that are no longer necessary.

Performance Plan: Justice System

Performance Plan Summary Table

Public safety and an effective justice system are key priorities for government and are necessary for social stability and economic prosperity. The Ministry is developing a comprehensive performance management 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 of Public Safety and Solicitor General has also included this outcome indicator in their 2007/08 – 2009/10 Service Plan.

The Ministry of Attorney General is interested in current and more frequent public confidence data. The results of a survey conducted in the province in the fall of 2006 are reported in this Service Plan.

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.

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, which recommends reforms through various working groups.

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.

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.

Ongoing Strategies

1. Examine 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 justice system; and
• how to make the justice system more efficient;

and then using the results and applying that knowledge to suggest new and improved laws, legal processes and justice services for the public.

Justice Transformation Strategies for 2007/08 – 2009/10

1. Transform the criminal justice system by developing:

• an integrated criminal justice network comprised of provincial, local and community boards that would identify criminal justice priorities at all levels and address them collaboratively;
• a community prosecution approach that would involve members of the community, law enforcement and other government agencies in problem-solving efforts; and
• a community court pilot that would involve community agencies and use a collaborative problem-solving approach to low-level offences and minor street crime.

2. Transform the civil and family justice systems by:

• restructuring the delivery of justice services and developing:
• streamlined procedures to simplify the procedural rules and forms that govern civil and family cases in the courts; and
• point-of-entry legal education and information services that would educate, orient and guide the public through the civil and family justice systems, and increase public legal knowledge and understanding;
• improving, simplifying and modernizing civil and family law and justice processes.

The Ministry has not established specific performance and outcome measures for this goal. The implementation of the strategies for 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. The following outcomes for Goal 1 are also relevant for Goals 2, 3 and 4.

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.

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 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 per cent out of the 17 per cent are directed to Alternative Measures.³ This ensures that court and Crown resources are used for the cases that warrant full prosecutions.

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.

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.

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.

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.

1. Operate the criminal justice system fairly and efficiently and with appropriate speed.
2. 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.
3. Examine the performance of the criminal justice system internally and from the perspective of the public.
4. Determine the feasibility of criminal justice reform and innovation suggestions and implement those reforms that are supported.
5. Apply technology to streamlined and effective criminal justice processes.
6. Inform the public about the criminal justice system.

Measures for Goal 2 are related to the following outcomes.

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.

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.

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.

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.

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.

1. Operate the civil and family justice systems fairly and efficiently.

2. Improve access to civil and family 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.

3. Examine the performance of the civil and family justice systems internally and from the perspective of the public.

4. Determine the feasibility of suggested civil and family justice reforms and innovation and implement those reforms that are supported.

5. Apply technology to streamlined and effective civil and family justice processes.

Measures for Goal 3 are related to the following outcomes.

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.

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.

This objective reflects the importance of anticipating, reducing and managing legal risk as part of the stewardship and sound management of public resources.

1. Attract, retain and support high-quality lawyers within the public service.

2. Evaluate the cost of the legal services against the benchmark of comparable private sector lawyers.

3. Where appropriate, develop innovative approaches to providing legal services through alternate dispute resolution, technology and best practices.

4. Evaluate and implement appropriate processes to manage government legal issues and risks effectively and in the public interest.

The measure for Goal 4 is related to the following outcomes.

Performance Plan: Multiculturalism and Immigration

Performance Plan Summary Table

Immigration continues to play an important role in the province's social and economic development, and it has 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 activities to meet the Province's interests in multiculturalism, anti-racism, settlement and immigration.

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 in developing 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.

Improved settlement and socio-economic outcomes for immigrants

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 language training, settlement and adaptation services.

1. Promote the social and economic advantages of cultural diversity.

2. Accelerate the adaptation of immigrants to the social, cultural and political life of their communities.

3. Enhance and expand leadership on immigration and multiculturalism policy and on settlement services for B.C.

4. Work with Citizenship and Immigration Canada and the Ministries of Education and Advanced Education to ensure expeditious processing of study permits, immigration policies that have an impact on the Province, and any federal/provincial pilot projects specific to international students.

Measures for the multiculturalism and immigration goal are related to the following outcomes.