Ministry Role and Services

Ministry Overview

The Ministry of Attorney General and Minister Responsible for Treaty Negotiations has overall responsibility for the administration of justice in British Columbia, as well as for the negotiation and implementation of treaties and other agreements with First Nations. The Attorney General has a constitutional and statutory role as the government's lawyer, providing legal advice, representing the government in litigation and drafting legislation.

In fulfilling the justice mandate, five main core business areas of the ministry work together and with other justice participants,⁹ such as the police, the judiciary, defence counsel, other ministries, community groups, professional organizations and contracted service providers. Involvement of all participants is vital to the effective and efficient delivery of services to the public. The ministry strives to enhance public confidence in the integrity and effectiveness of the justice system by fostering involvement and shared initiatives among the participants.

The following core business areas contribute unique sets of programs and services that integrate with services from other justice participants and constitute the justice process.

Court Services offers administrative, security and enforcement services to support the independent judiciary and the operation of three separate levels of courts over which the judiciary presides — the Court of Appeal, the Supreme Court and the Provincial Court.

Legal Services provides advice to ministries and Cabinet, drafts legislation and represents the government in court and before administrative tribunals.

Prosecution Services assesses and conducts all prosecutions and appeals of offences under the Criminal Code of Canada, the Youth Criminal Justice Act and offences arising from violations of provincial statutes.

Justice Services manages provincial funding of legal aid and is responsible for a range of civil and family law programs and services including dispute resolution and enforcement of registered maintenance orders and agreements.

Executive and Support Services provides administrative and other corporate-level services to the Ministry of Attorney General, the Treaty Negotiations Office and the Ministry of Public Safety and Solicitor General.

A sixth core business area, the Treaty Negotiations Office, operates under a separate mandate. The Office negotiates agreements with First Nations in an effort to achieve legal certainty and thereby strengthen the province's economy.

Services, clients and resources for all core business areas are presented in greater detail later in this report.

Ministry Vision, Mission and Values

Vision

An accessible, responsive, accountable justice system that protects the rights of all citizens, offers a range of affordable, timely and fair ways to resolve disputes, and fosters confidence in the integrity, efficiency and effectiveness of the justice system. The knowledge that government operates lawfully and is achieving reconciliation with First Nations through negotiation contributes to the social stability and economic vitality of British Columbia.

Mission

To promote the safety and security of communities (in cooperation with the Ministry of Public Safety and Solicitor General); administer an independent, impartial and accessible justice system; facilitate the timely, fair and lasting resolution of civil legal disputes (including family); provide high-quality legal services to government; and, through negotiation, achieve reconciliation with the First Nations of British Columbia and legal certainty over the ownership and use of Crown land and resources in British Columbia.

Values

The Ministry of Attorney General shares with all government organizations a commitment to affordability, efficiency, timeliness, accountability, innovation and reform, and a healthy, supportive workplace. In addition, the ministry strives to deliver its unique services in accordance with the following values, all of which guide decision-making as well as day-to-day operations.

Ministry Operating Context

During the 2003/04 fiscal year, the ministry furthered its efforts to rationalize and improve the provincial justice system so that it can continue to meet the needs of British Columbians while remaining affordable, accessible and within the confines of the limited resources available.

Major initiatives undertaken in the previous year had paved the way for further change in 2003/04. For example, in 2002/03 the number of permanent staffed courthouses was reduced from 68 to 44 as part of reductions to meet budget targets. These closures resulted in a reduction of 65 full-time employees (FTEs) and an estimated $7 million in gross savings. However, by 2003/04 the number of circuit courts was expanded by 50 per cent from 31 to 46 at a cost of approximately $800,000 (direct and indirect costs). These changes saved a net amount of $6.2 million and allowed services to continue as efficiently as possible.

Ministry programs and services were reviewed in 2001/02 and, in the following two years, were restructured, consolidated or discontinued as appropriate in order to use resources to the best advantage and to eliminate redundancies. Early retirement and voluntary departure incentives were offered in all ministries in order to facilitate restructuring. These latter two incentives were very successful in the Ministry of Attorney General, but at the same time they introduced new workload challenges.

Restructuring on this scale has allowed the ministry to make the best use of the limited resources available to it and to achieve greater efficiencies. It also created opportunities to implement needed reforms.

Although the ministry has been making substantial reforms for the past three years, it has not been without financial challenges. These have been met internally through various economies that cannot be relied upon in the future. It is within this context that the pressures and demands discussed below affected ministry operations in 2003/04.

Ongoing Pressures in 2003/04

• Circuit Court Expansion. The further expansion of circuit courts into communities where courthouses had been closed introduced new demands around leasing, staffing and travel. Some additional operating costs had to be managed by the ministry, drawing on strategies that made more effective use of existing resources. Flexible and varied work hours were introduced, as were flexible staffing arrangements where one person acted as both court clerk and deputy sheriff. Electronic document transfer and document facsimiles were also used to a great extent between the circuit court locations and the home registries that housed the original documents.
• Accessibility to Court Records. The demand for more accessible court records and faster processing continued in 2003/04. Traditionally, court records, while automated, were accessible only at a single "home" court location. The most accurate and secure way to access records that may be required at alternative locations is through an electronic database. Since 2001, criminal records have been accessible through JUSTIN, an integrated, provincewide case-tracking system. In 2003/04 growing demands for greater and faster access to civil records prompted the creation of a similar system to track civil cases. This system will be implemented in 2004/05.
• Increasing Length and Complexity of Trials and Sentencing. The time needed to prepare for and conduct trials and sentencing proceedings continued to become lengthier and more complex in 2003/04, requiring more Crown counsel involvement and more court resources. The increased use of DNA and other forensic evidence have added to the significant responsibilities undertaken by Crown.
• Program and Staff Adjustments. In 2002/03, recognizing that existing legal aid funding levels were no longer sustainable, the ministry restructured legal aid to reserve services for those most in need. This adjustment resulted in a greater demand for the services of family justice counsellors during 2003/04.

Early retirement and voluntary departure incentives produced a knowledge and experience gap within the ministry in 2003/04. Replacement staff, including new recruits, required various types and levels of training to compensate for the loss of experienced staff.

New Demands in 2003/04

• Mega Case Management. As two extraordinary criminal cases (Air India and R. v. Pickton) unfolded concurrently during the fiscal year, new demands surfaced for strategies and infrastructure to manage them. The ministry, and particularly Crown and court services, responded by developing coordinated risk analysis and security measures with police, providing special training, formulating new standards for disclosure, and adapting project management techniques to case management. Handling the massive amounts of evidence in the two cases also placed new demands on prosecution services and resulted in the formation of separate prosecutorial teams with responsibilities, offices and support systems devoted exclusively to the two mega cases.
• Legislation and Case Law Changes. The new federal Youth Criminal Justice Act was implemented on April 1, 2003, replacing the federal Young Offender Act. Provincial implementation of the act introduced new ministry responsibilities including working with youth justice partners to ensure compliance with the spirit of the legislation, and adjusting policy, procedures and work flow approaches.
   
  A range of other legislation amendments required Crown counsel to become familiar with, and to implement, the changes. For example, legislation changes relating to DNA databanks, firearms, freedom of information, victims, third party records, conditional sentences, restorative justice options, and omnibus procedural amendments all placed additional demands on Crown counsel time in 2003/04.
• Secondary Effects from Legal Decisions. Legal decisions affected Crown caseload in 2003/04. The Supreme Court of Canada decisions on court-declared dangerous and long-term offenders required approximately 25 previously decided cases to be returned to the system for new hearings. Prosecutors were required to prepare these cases again to meet the additional demands resulting from the decision.

In 2003, there was an unusually high number of protective writs filed by First Nations, based on the assumption that certain provincial statutory limitation periods would expire within six years of the Supreme Court of Canada decision in Delgamuukw v. British Columbia.¹⁰ This created a spike in the incidence of rights and title litigation.

One legal decision resulted in cost-savings to government in 2003/04. The decision rendered in R. v. Malik¹¹ actually reduced the number of Rowbotham¹² applications made in 2003/04, which translated into fewer court appearances.

• Changes within Partner Ministries. In 2003/04, the Ministry of Children and Family Development (MCFD) changed its service charter to decrease reliance on litigation for resolving child protection disputes. The new charter promoted the use of dispute resolution options such as mediation. As well, MCFD devolved budget and administrative responsibilities for legal and mediation services from their headquarters to five regions. These changes created new needs, requiring collaboration and services from the Ministry of Attorney General. The ministry's Dispute Resolution Office responded by providing:
  • dispute resolution design services;
  • mediation services and program advice; and
  • regular liaison with MCFD representatives from five separate regional programs

Ministry Structure and Core Business Areas

Each of the core business areas described in this section contributes a unique set of programs and services that integrate with services from other justice participants and constitute the justice process.

Court Services

This core business area supports timely and equitable access to the Provincial Court, Supreme Court and Court of Appeal by providing:

• administrative services to the independent judiciary;
• special assistance to the judiciary on specific initiatives such as the Provincial Court's criminal case flow management process and rules;
• case documentation and trial support;
• prisoner custody and escort;
• court order enforcement;
• court and courthouse security;
• management of jury selection;
• interpreter services; and
• maintenance of the facilities in which court is held.

These services, which are directly delivered by ministry staff, enable the courts to operate safely and efficiently.

Working with the other justice participants discussed below, Court Services facilitates the operation of the justice system. Court Services is central to that system and engages and serves all of its participants.

Court Services must operate in a manner that meets the needs of the entire system and not solely any one member of it. This must be done within an adversarial system where working relationships among participants cannot be described as true partnerships. Many decisions and functions within the system must be undertaken independently, free from improper interference and separate from decisions made by other justice system participants. Each participant contributes separately to the process in order to foster the independent and impartial administration of justice required in a free and democratic society based on the rule of law. The other key participants are:

• The Judiciary: The judiciary directs the scheduling of all court appearances which Court Services supports by providing administrative services, personnel, document production, prisoner appearances and courtroom and courthouse security. Court Services develops operational policies and procedures to support court processes and reforms business practices, in consultation with the judiciary.
• 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 accessible to counsel on the Internet.
• Police and Corrections Authorities: Court Services works with these authorities in providing efficient and secure handling of persons in custody and in the development of case tracking and business reform initiatives.

Court Services also works directly with federal, municipal and aboriginal governments in the delivery of court services and with other government ministries and Crown corporations in matters related to facility administration and court reforms.

This core business area delivers court support services at 44 staffed courthouses and an additional 44 circuit courts. Day-to-day operations involve continuing pressures and challenges associated with case volume, case complexity, duration and types of judicial sittings, and the implementation of new legislation. High-security trials continue to create special requirements.

Technology applications are improving the efficiency and effectiveness of operations through:

• enhancements to the shared criminal case tracking system (JUSTIN);
• creation of a civil case tracking system;
• electronic filing;
• the increasing use of videoconferencing; and
• improvements to prisoner escort information.

Recent reforms concerning resolution of traffic disputes and municipal bylaw disputes are also contributing to improved efficiency in processing.

Other major initiatives that will be supported in the future include:

• implementing digital audio recording technology;
• implementing civil electronic filing and case processing;
• planning and implementing significant facility upgrades; and
• improving and monitoring performance standards and measures.

Expenditures for Court Services

Legal Services

This core business area fulfills the Attorney General's role as official legal advisor to government. In doing so, the ministry utilizes in-house and contracted legal staff to advise government on civil law matters. The specific functions and responsibilities of this business area include:

• providing legal advice to ministries and agencies of government and to Cabinet;
• negotiating and drafting agreements;
• drafting legislation and regulations; and
• representing the government in litigation.

Legal Services counsels the Attorney General on providing legal advice to government ministries, the Treaty Negotiations Office, Cabinet and Crown corporations and agencies. These are the clients of the Legal Services Branch. Clients fund a substantial portion of the services through annual service level agreements. The cost recoveries offset the costs of delivering the services and cover salaries, operating costs and contract costs.

The area serves the public interest by ensuring that government operates lawfully and that risks to government and ministry operations are reduced. It does not provide direct services to the public.

Services are delivered through three main programs:

• Solicitor Services, which advises government agencies on lawful operations and risk reduction;
• Barrister Services, which represents government in litigation and seeks the best possible outcomes; and
• Legislative Counsel, which drafts legislation and regulations.

In-house and staff legal counsel provide most of these services. In cases of conflict of interest, workload demand, or where a particular expertise is required that is not available within the ministry, outside counsel is retained. Cost-efficient service delivery is always a consideration, and outside counsel are used where that is the most economical option.

Expenditures for Legal Services

Prosecution Services

This core business area contributes to public safety and public confidence in the administration of the criminal justice system through the timely, fair and effective prosecution of Criminal Code of Canada, Youth Criminal Justice Act, and provincial statute offences. Services include:

• assessing and approving criminal charges;
• referring low-risk offenders to alternative measures programs;
• identifying high-risk and violent offenders for specific attention;
• prosecuting cases;
• presenting victim impact information to the court at sentencing;
• handling appeals;
• providing advice to government on all criminal law matters;
• providing appropriate responses to inquiries by the media, members of the public and those directly affected by criminal prosecutions; and
• cooperating with justice system participants in developing and implementing initiatives to improve the administration of criminal justice in the province.

These responsibilities are governed by the Crown Counsel Act and must be carried out objectively and fairly, without regard to improper influence or interference from any source.

The goal is to deliver all prosecutorial services and advice to government in criminal matters in a timely, efficient manner. Services are delivered through the ministry's Criminal Justice Branch.

Victims, witnesses, the general public and justice participants (police and other investigating agencies, courts, corrections and government) benefit indirectly in many ways from these services. The charge assessment process ensures cases that are approved to court are sufficiently supported by the anticipated admissible evidence, and that prosecutions are only pursued if they are in the public interest.

The charge approval process does not always lead to a formal court case. After assessment, some cases may be referred to the Alternative Measures Program.¹³ Cases that do not warrant charges are not approved to court, and some may be referred back to the police for further investigation.

This process contributes to efficiency: cases that do not meet the evidentiary or public interest criteria are not placed before the court; accused persons who can be adequately dealt with by a referral to the out-of-court Alternative Measures Program are not brought into the court system; and those accused persons who present a high risk of violence are identified early in the process. The charge assessment process can also reduce the potential for civil suits.

In responding to inquiries from the public, the role of the Criminal Justice Branch and Crown counsel is to assist the public in understanding the criminal justice process and maintaining their confidence in that process.

By virtue of the adversarial nature of the criminal justice system, justice participants function in an indirect relationship to the Criminal Justice Branch. Therefore, other participants in the justice process cannot be considered as partners in the conventional sense of the word. Crown counsel make their prosecutorial decisions independently of the police and other investigative agencies, victims, witnesses, members of the public, the judiciary and the Court Services Branch of the ministry.

Expenditures for Prosecution Services

Justice Services

This core business area promotes access to justice services such as legal aid and provides litigants with a choice of alternatives to court that emphasize affordability and accessibility.

• The Court Mediation Program offers free mediation for disputants in civil cases and is available in five Provincial Small Claims Court registries.
• The Notice to Mediate is available in Supreme Court and allows a disputing party to compel the other party(ies) to attend one mediation session.
• The Parenting after Separation Program is a three-hour free information session that is now mandatory at some court registries for families in dispute. The session helps parents make informed choices about separation and conflict and take into account the best interests of their children.
• The Facilitated Planning Meeting Program uses mediation to help families reach early resolution of child protection issues.
• The Family Justice Dispute Resolution Program provides dispute resolution services to assist 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 all maintenance orders and agreements. Through these services, which are delivered by the private sector on contract, maintenance payments are calculated, received, recorded and forwarded to the recipient.

This business area manages the funding of legal aid in consultation with the Legal Services Society in the provision of legal aid. It also administers funding in respect of constitutional right to counsel cases involving publicly funded legal representation.

Offering disputants in both civil and family cases a range of out-of-court options creates significant efficiencies in the justice system and reserves the resource-intensive court process for those cases that need it most. Dispute resolution processes benefit disputants by allowing all parties to be engaged actively in creating enduring agreements designed to meet their needs, rather than having resolution imposed by the court. Clients of dispute resolution services can range from individuals to families, government ministries and agencies, and aboriginal treaty tables.

Many of the services, apart from legal aid, are provided by ministry employees and, to a lesser extent, through independent contractors and organizations. Volunteer boards participate in operating some programs. Below are four examples of organizations that are funded by this core business area and which deliver a range of related services to the public.

• The British Columbia Mediator Roster Society maintains a roster of civil and family mediators. Mediators included on the roster have met minimum standards of training and experience and subscribe to a code of mediation conduct. The roster provides easy access to mediators and is available to the public, litigants, lawyers and judges.
• The British Columbia Dispute Resolution Practicum Society operates the Court Mediation Program. This program provides an opportunity for trained, but inexperienced, mediators to practice mediation in a structured practicum setting. The Court Mediation Program also provides mediation services to Small Claims Court litigants to help them resolve their disputes early in the court process, before a judicial settlement conference or a trial. Five registries offer this program: Vancouver, Surrey, North Vancouver, Nanaimo and Victoria.
• Justice Services funds public legal education through the Law Courts Education Society and the Public Legal Education Society (People's Law School).
• Justice Services also funds the Legal Services Society, primarily to provide legal aid services to low income British Columbians who have no other way of obtaining legal help and who meet the criteria for legal aid assistance. The funding for this Society also supports a range of other services such as: legal education through publications, web resources, and a toll-free telephone hotline.

In addition, Justice Services funded a dozen different professional and community organizations in 2003/04 to deliver its Parenting after Separation program around the province.

This business area supports and assists with several shared projects and initiatives, working with:

• administrative tribunals and the Administrative Justice Office (described in the next core business area) to develop dispute resolution processes for use by British Columbia tribunals;
• the Ministry of Children and Family Development and the Legal Services Society to expand the use of child protection mediation initiatives across the province;
• the Treaty Negotiations Office of the ministry to introduce dispute resolution provisions for use in Agreements in Principle and Final Agreements; and
• a Justice Review Task Force, which includes the judiciary of the Supreme and Provincial Courts, to promote civil and family justice reforms.

Expenditures for Justice Services

Executive and Support Services

This core business area provides administrative support and corporate-level services to the Ministry of Attorney General, the Treaty Negotiations Office and the Ministry of Public Safety and Solicitor General. Included among the services to these organizations are:

• financial and resource management;
• policy analysis and development;
• legislation development;
• corporate planning and reporting processes;
• information technology development;
• strategic human resource services; and
• logistical and administrative support to agencies, boards and commissions.

Services are delivered by staff and by contracted providers. The contracted providers include the Ministry of Management Services, which has service level agreements with all ministries for the provision of corporate services such as payroll; all voice and data management services; and a range of day-to-day human resource services (recruitment, selection and classification).

The ministry works with the B.C. Buildings Corporation in providing space for the court system and for office operations. The ministry also uses consultants to provide advice on issues where outside expertise will benefit ministry programs and the delivery of administrative services.

This core business area is often given responsibility for launching new ministry and government justice initiatives — or aspects of such initiatives — and developing them to a point where they can be turned over to other areas of the two ministries or to other agencies for further action.

The Citizens' Assembly on Electoral Reform is one example where Executive and Support Services oversaw development of the terms of reference governing the Assembly. The initiative is continuing to move forward under the auspices of the Legislative Assembly, with logistical and administrative support provided by Executive and Support Services.

Another example of support provided to new initiatives is the Administrative Justice Project, one of many justice reform efforts currently under way. This project reviewed the nature, quality and timeliness of the services delivered through administrative justice agencies such as the B.C. Parole Board and the Commercial Appeals Commission. Following the review, a separate Administrative Justice Office was set up to implement recommendations from the review. The office continues its work with administrative assistance from Executive and Support Services.

This business area also develops new policy and legislation in support of law reform and other ministry and government priorities.

Through the Management Services Branch, the area provides the two ministries and the Treaty Negotiations Office with:

• budget coordination and expenditure monitoring;
• revenue planning;
• accounting and financial reporting;
• payment processing;
• financial control and systems support;
• information access, privacy protection and records management support;
• support for procurement, and for contract and risk management;
• strategic human resource services; and
• information technology solutions.

Only one division in this core business area provides direct services to the public through freedom of information requests. While there are no other direct services provided to the public by this business area, the public interest is served in several ways. For example, criminal justice, civil justice and family justice policies are vital to the public interest and central to the tenets of a democratic society. The development of legislation is a key function of the provincial government. Articulating government direction and priorities through Service Plans and annual reporting on progress achieved keep the public informed and the government accountable for its decisions. Citizens also benefit through the actions of the separate agencies, boards and commissions that have been established in the public interest.

Expenditures for Executive and Support Services

Treaty Negotiations Office

This office constitutes a separate core business area of the ministry. It is responsible for negotiating and implementing treaties and other agreements with First Nations. In doing so, legal certainty regarding the ownership and use of Crown land and resources is clarified, which contributes to economic strength and stability for all British Columbians.

The office also helps to foster healthier community relationships across the province, first by reconciling past differences between the Crown and First Nations, and second, by creating economic opportunities to improve the quality of life of aboriginal people.

The work of this office focuses on three distinct components: negotiations, economic development, and reconciliation.

Negotiations. Treaties are constitutionally-protected agreements negotiated between First Nations and the governments of British Columbia and Canada. Treaties set out a new relationship between the parties and define their respective rights and responsibilities. Negotiated agreements can create certainty over Crown land and resources by clearly defining land ownership and law-making jurisdiction across the province. Treaties contribute to a stable climate for economic investment in the provincial land base and allow for mutually beneficial governance arrangements, business relationships and land management processes.

The Treaty Negotiations Office negotiates treaties through a six-stage process overseen by the B.C. Treaty Commission, an independent body established in 1993 by the province, Canada and the First Nations Summit. During the six-step treaty process, the parties also negotiate other significant agreements that help to build certainty. These include Agreements-in-Principle, land protection agreements, self-government agreements and fiscal financing agreements. All negotiations conducted by the office adhere to British Columbia's publicly endorsed negotiating principles defined in the 2002 Referendum on Treaty Principles.

Provincial treaty negotiators also consult with local governments, business representatives and other community groups as part of their negotiating responsibilities. Through this process, critical support for treaty-making is built at the community level.

Economic Development. The Treaty Negotiations Office administers government funding for First Nations that is used to improve access to training, expand business skills, and encourage entrepreneurship and participation in the British Columbia economy. Funded projects include:

• partnerships between aboriginal communities and industry or local government;
• increased First Nations access to resource tenures;
• measures that address specific land and resource issues, including First Nations involvement in strategic land-use planning; and
• measures that increase First Nations capacity to engage in the economy.

Reconciliation. The Treaty Negotiations Office is also responsible for developing and implementing an action plan outlining short- and long-term goals for recognition and reconciliation initiatives. These initiatives are intended to help forge new relationships with First Nations and are based on:

• reconciliation of past differences;
• recognition of each other's rights and responsibilities; and
• renewed efforts to build a brighter future for all British Columbians.

Expenditures for Treaty Negotiations Office

Strategic Shifts and Significant Changes in Policy Direction

There have been no significant changes in strategic directions or policies since the Service Plan on which this report is based was published in February 2003. The ministry is continuing to explore and implement reforms that address the interaction between citizens and the justice system and emphasize accessibility, efficiency, fairness and affordability. These four attributes emerged from the 2001 core review of ministry programs and services and became the foundation on which subsequent strategic shifts and reforms were based. They, along with the ministry values discussed earlier in the report, continue to guide ongoing improvements.

• Accessibility: British Columbia is a diverse province with a diverse population. The justice system must continue to be accessible to all people in the province, regardless of where they live or what their personal circumstances may be.
• Efficiency: The justice system must be efficient. Trials must take place within a reasonable time and courtrooms must operate in a way that makes the best use of resources.
• Fairness: As part of its responsibility to protect citizens and maintain order and public safety, the justice system must continue to apply the rules of law fairly and equally.
• Affordability: The justice system must be affordable to all citizens who use it. The costs to government and litigants must be reasonable.

Update on New Era Commitments

Many of the short-term New Era projects and commitments that had been assigned to this ministry by the Premier's Office in June 2001 were completed and described in previous annual reports. A few longer-term commitments shown below are nearing completion. Work on several other commitments will continue indefinitely because they are integral to the ministry mandate.

Continuing New Era Commitments