Ministry Role and Services

Vision, Mission and Values

The ministry's renewed mandate emphasizes its role as a leader in law reform and innovation within the provincial justice system. To convey this approach throughout the organization, the ministry modified its former guiding principles. The restated vision, mission and value statements below provided a foundation for the transition to the new paradigm, which is carried forward in the ministry's 2005/06 Service Plan.

Vision

A province governed by the rule of law with an effective justice system serving all British Columbians.

 
Mission

We are responsible in government for law reform, for the administration of justice and for seeing that public affairs are administered in accordance with the law.

Culture and Values

We are dynamic and innovative leaders in justice and public administration with the following values and operating principles.

1. To be performance- and service-focused.
2. To honour members of the ministry and support them in their learning and development.
3. To act with professional integrity, independent from interference.
4. To be forthright and strategic.
5. To be collaborative and inclusive within the justice system and with the public that we serve.
6. To adhere to the core values of the British Columbia Public Service, namely integrity, accountability, responsibility, respect and fostering innovation in providing services.

 
Ministry Overview, Core Business Areas and Structure

Ministry Overview

The Attorney General is the Law Officer of the Crown and has a unique role in government as the person who must see that the administration of public affairs is in accordance with the law. The Ministry of Attorney General fulfills that role under the Attorney's direction and is responsible in government for law reform, the administration of justice and for providing legal services that ensure lawful public administration. For financial and administrative purposes, the ministry's responsibilities are organized into the five core business areas described below.

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 including electronic court records;
• 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.

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 and all judicial sittings. Court Services supports these court events 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 in consultation with the judiciary and stakeholders.
• Counsel: Court Services informs counsel of operational changes affecting court processes. Court Services also provides support through the standardization of documents such as reports, forms and requests — all 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.

Court Services supports 44 staffed courthouses and 44 circuit courts. There are 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 and implementation of a civil case tracking system;
• electronic filing;
• the increasing use of videoconferencing;
• improvements to prisoner escort information;
• implementing digital audio recording technology; and
• implementing civil electronic filing and case processing.

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

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

• planning and implementing significant facility upgrades; and
• improving and monitoring performance standards and measures.

Expenditures for Court Services

(With the exception of FTEs, all figures are expressed in thousands of dollars.)	2004/05 Total Estimated	2004/05 Actual	Explanation of Variances
Operating expenditures	136,575	136,520	Court Services was essentially on budget, with a year-end expenditure variance of less than 0.1 per cent.
FTEs direct	1,288	1,288

 
Legal Services

This core business area acts as the official legal advisor to the government of British Columbia and is charged with ensuring that the administration of public affairs is carried out in accordance with the law. It assists in fulfilling the Attorney General's role as set out under the Attorney General Act. Its clients are government ministries, the Attorney General, Cabinet, Crown corporations and public agencies. All legal services to government on civil law matters are delivered directly or through ad hoc arrangements whereby the ministry supervises retainers or contracts with outside counsel.

The Attorney General is responsible for advising government ministries on all matters of law connected with the ministries and conducts or supervises all civil litigation for or against the government within the authority or jurisdiction of the province. The Attorney General and this business area act as solicitor for the government as a whole, not for one particular ministry or agency, and address issues from a government-wide perspective. The public interest is served by ensuring that the administration of public affairs is in accordance with the law, that legal risks associated with government and ministry operations are reduced, and that government is effectively represented before courts and tribunals.

Specific responsibilities are delivered through four main divisions.

• Solicitor Services advises government agencies on lawful operations, risk reduction, and the negotiation and drafting of agreements.
• Barrister Services represents government in litigation and advises ministries on strategic approaches to litigation and alternative dispute resolution.
• Legislative Counsel drafts legislation and regulations.
• Corporate Services provides financial management, technology, personnel, facilities and administrative support services.

The Legal Services Branch is one of only two government legal service providers in Canada⁴ with an annual service level agreement process that involves a joint assessment with client ministries and agencies as to the level of legal services required and the level of cost recovery for services provided. These comprehensive agreements set out financial commitments, service commitments and performance measures. Client ministries fund a substantial portion of the costs of legal services through these annual service level agreements.

Expenditures for Legal Services

 
Prosecution Services

This core business area undertakes the Attorney General's independent role of law officer of the Crown in relation to criminal prosecutions and 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 are delivered through the Criminal Justice Branch and include:

• assessing and approving criminal charges;
• prosecuting cases;
• referring low-risk offenders to alternative measures programs;
• seeking appropriate sentence proceedings for individuals identified as high-risk offenders;
• 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 from the media, members of the public and those directly affected by criminal prosecutions;
• developing and implementing initiatives such as the Litigation Management System, JUSTIN/PRIME Interface and the Main Street Backlog Reduction Initiative to improve the administration of criminal justice in the province, in cooperation with justice system participants; and
• contributing to national and international legal and administrative reforms through active membership on the Heads of Prosecution — a federal/provincial organization — and the International Association of Prosecutors.

Prosecutorial functions and responsibilities of the Attorney General 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. By virtue of the adversarial nature of the criminal justice system, justice participants function in an indirect relationship with 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.

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.⁵ 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 to maintain their confidence in that process.

The Criminal Justice Branch fosters a professional culture of legal and administrative reform, through internal reform projects and leadership and participation in national and international prosecution and other justice organizations.

 
Expenditures for Prosecution Services

 
Justice Services

This core business area is responsible for civil, family and administrative justice policy and reforms, and provides justice services in the family law area. It works with stakeholders in the justice system including the courts, the bar, and other ministries, agencies and associations to promote access to justice services such as legal aid and dispute resolution options that emphasize affordability and accessibility. Program areas include:

• 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 ten 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 Child Protection Mediation Program uses mediation to help families reach early resolution of child protection disputes. Mediation services are often delivered in the highly effective facilitated planning meeting style. Services are delivered by the private sector on contract.
• 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.
• The Administrative Justice Office promotes innovative policies, practices and procedures for the tribunals that deliver the province's administrative justice system and provides advice to the ministries that are responsible for their operation.
• Justice Services manages the funding of legal aid and, in consultation with the Legal Services Society, determines the range of services the Society will provide within the framework of a Memorandum of Understanding negotiated with the Society. Justice Services also administers funding in respect of the 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 contributes to efficiencies in the justice system by helping to reserve the resource-intensive court process for those cases that need it most. Dispute resolution options 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.

The administrative justice system includes more than 30 quasi-judicial tribunals responsible for impartial and independent dispute resolution. Seventeen ministries are responsible in various ways for tribunals that are used by thousands of people every year to resolve disputes, such as residential/tenancy disagreements or human rights complaints.

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. Information about the Child Protection Mediation Program roster of mediators is also available through the Society.
• 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 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 takes place. 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 2004/05 to deliver its Parenting after Separation program around the province.

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

• the Ministry of Children and Family Development and the Legal Services Society to expand the use of child protection mediation initiatives across the province;
• 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 consists of the Attorney General's Office, the Deputy Attorney General's office, one branch and two other separate offices that support the ministry goals and objectives, as well as various agencies, boards and commissions.

The Management Services Branch provides a range of services to the Ministry of Attorney General, the Treaty Negotiations Office and the Ministry of Public Safety and Solicitor General, including:

• budget coordination and expenditure monitoring;
• revenue planning;
• accounting and financial reporting;
• payment processing;
• financial control and systems support;
• ministry-wide facilities services;
• records management and freedom of information support;
• support for procurement and for contract and risk management;
• strategic human resource services; and
• information technology solutions.

These corporate services are delivered by branch staff and contracted providers.

The Criminal Justice Reform Office (CJRO) was established in June 2004 to lead criminal justice reform and develop innovative solutions to criminal justice challenges.

CJRO reports directly to the Deputy Attorney General with ties to the Ministry of Public Safety and Solicitor General. It maintains working relationships with federal and provincial criminal justice system representatives, other ministries and branches, police, judiciary, other justice system partners and users and the public.

The mandate of the CJRO is to:

• develop an integrated strategy for the criminal justice system in BC;
• develop innovative operational reforms;
• lead criminal justice law reform in BC; and
• strengthen the public confidence in the criminal justice system.

CJRO has two key priorities. The first involves operational reforms to the provincial criminal justice system. This includes developing an integrated, long-term criminal justice strategy for the province to enhance collaboration, build professional expertise and ensure the most efficient use of resources. This strategy will help modernize some aspects of the justice system that may have fallen behind developments in crime trends, technology and public concerns.

The second priority is to take a strong leadership role in the Federal/Provincial/Territorial (F/P/T) law reform agenda. The CJRO has a lead role in this key mechanism for change of the criminal law. The top F/P/T priorities for British Columbia include high-risk offenders, impaired driving, sentencing, criminal procedure, cybercrime and chronic offenders.

The Strategic Planning and Legislation Office (SPL) is responsible for leading strategic planning and related corporate initiatives in the Ministry of Attorney General and for managing its legislative agenda. SPL also is responsible for policy in a number of areas including human rights, the electoral system, judicial compensation, the legal profession and notaries, and the legislative frameworks governing the independent agencies, boards and commissions (ABCs) that report to the Attorney General. SPL serves as the ABC's primary contact with the ministry for policy and appointment purposes.

All of these corporate and legislative services are performed by ministry staff.

Expenditures for Executive and Support Services

 
Ministry Operating Context

Many factors influence the ministry's ability to carry out its mandate and achieve its goals and objectives. Some of these factors place the ministry in a strong position to move forward and build on past successes. Others offer challenges and present opportunities to change direction or take a different approach. New and unexpected opportunities can lead to significant improvements in the way the ministry provides its services. The strengths, challenges, risks and opportunities that affected both ministry planning and its achievements in 2004/05 are summarized below.

Strengths

• As a leader in reform and innovation, the ministry has built a solid foundation of cooperation and collaboration among the judiciary, the police, the legal community and other justice partners. This foundation has strengthened the ability of all partners to administer justice programs and services in the province.
• The ministry has a progressive Human Resource Management Plan focused on leadership, human resource planning that is specific to business requirements, employee performance and development, and safety in the workplace.
• The provincewide implementation of JUSTIN, an integrated criminal justice information system, is creating significant efficiencies for justice agencies. For example, it is enabling the rapid and accurate transmission of case information which in turn supports the processing of large volumes of case activity. It is eliminating duplicate data entry and providing credible management information. It has also led to the development of an interface between police records, court records and the Protection Order Registry, which will allow automated notification of protection orders. A new interface between JUSTIN and the police records system (PRIME) will now allow for one-stop entry of case-tracking data. A case management system for civil cases has been implemented, enabling similar efficiencies and improvements in accuracy.
• Criminal court backlogs have been reduced from their peak in the late 1990s. Today there are fewer cases pending and their age in the system has decreased, reducing the likelihood of dismissal due to unreasonable delay.
• The newly established Organized Crime Unit will enable Crown counsel, federal prosecutors and police to work together more effectively in bringing organized crime cases to court.
• Installation of videoconference equipment in courts and correctional centres has improved courthouse security and reduced the need for in-person escorts. In 2004/05, more than 10,000 court appearances by persons in custody occurred by videoconference. This represented 10,000 fewer escorts required.
• The ministry leads other Canadian jurisdictions in the detailed financial analysis of the costs and operations required to provide legal advice to government. This strengthens the ministry's efficiency and accountability efforts, as well as its leadership role in justice system innovations.
• The ministry continues to enjoy one of the highest client satisfaction rates for the provision of legal services to government among comparable organizations in the country. The confidence of its clients and the strong relationships engendered by that facilitate effective management of legal issues and risks.
• The ministry has achieved notable success in recent court decisions, in the face of what might otherwise have resulted in very significant liabilities for government. Not only has this achievement reduced potential liability, but several of these cases have set precedents that will enable more effective risk and litigation management in the future.
• Acknowledged as a leader and facilitator in the use of alternatives to litigation, the ministry is actively developing and promoting out-of-court options. Resolution of civil and family disputes outside the courts is usually more cost-effective and less confrontational than in-court processes. An increasing number of citizens are taking advantage of the range of options available to resolve disputes outside of the court system, with positive results. As acceptance of dispute resolution options grows, public access to the justice system is improved.

Challenges

• Rapid globalization and technological development are affecting the context in which government operates. They are also changing the nature of crime. Technology assists the expansion of crime across national and international borders. Cyber and commercial crime is becoming a greater problem. Canada now is among the top several countries targeted by international and organized crime networks; and British Columbia, by virtue of the size and location of its main port city, offers mobility and anonymity for some newer types of serious crime such as human trafficking.
• There is a growing public demand for greater public safety, especially with regard to taking stronger action against violent crime and violent offenders. However, there does not seem to be a consensus on the best way to deal with people who have broken the law. Opinion varies from longer sentences for offenders, to more community service, to greater compensation payments for victims.
• More police officers could improve perceptions on public safety; but it could also result in greater prosecution and court costs, depending on how additional officers were deployed.
• Criminal prosecutions, especially of organized crime cases, are becoming increasingly complex and require analysis of large volumes of documents and technical evidence, greater use of expert witnesses and careful focusing of resources. As cases continue to grow in complexity, prosecution and court costs continue to increase.
• Civil litigation is becoming more complex and costly. There are an increasing number of civil cases arising from conflicting claims to the land and resource base of the province. These cases often involve complicated legal issues, substantial volumes of evidence, multiple parties, and novel issues of law and procedure. The ministry is addressing case complexity and affordability by working with the judiciary, the bar, and other justice partners to streamline and simplify procedures, and, wherever it is appropriate, to develop faster, less expensive alternatives to civil litigation.
• An increasing number of married and common-law families are undergoing separation and/or divorce. This places a greater demand on family justice resources. The growing number of clients in the family justice system and the static budget and staffing levels assigned to assist them are creating challenges to justice access. In addition, within the current environment of static resources, there are rising public demands for more customer-centered services that cost more to provide.
• Reductions in legal aid and in some other government services that had been accessible to family and civil cases have created service delivery challenges. Service providers are reporting an increase in conflict and complexity within individual cases. Parties undergoing civil or family disputes have fewer resources available to assist them, but service providers are faced with an increasing demand for services and resources.
• Traditionally, costly adjudication was seen as the primary way to resolve disputes. Acceptance of different approaches involving a variety of non-traditional options is growing, but is a gradual process that requires time.
• The ministry is facing the challenge of increasing judicial activism in the area of Charter-protected rights. Many legal experts believe that the time is right for the courts to extend legal aid entitlement beyond the sphere of criminal law to cover more types of civil law cases and to make more people eligible for publicly-funded legal representation.
• The cost of providing legal services to government continues to increase as a result of increased volume and complexity of litigation and of legal issues that involve government. This is difficult for government in a period of financial constraint.
• Workloads for ministry staff have risen significantly. For example, in the area of Court Services, new cases per full time employee have increased by 8.3 per cent in the past five years.
• With increased voluntary departures and early retirements, there is a continuing need to develop and implement training programs for less experienced staff to raise the level of proficiency and competency in registry operations and courtroom procedures.
• Faced with the pressures of an aging workforce and greater expectations on work-life balance from a younger workforce, the ministry is in competition with other agencies for new staff with demonstrated strong performance. There are time and resource challenges in expanding existing competencies, and in recruiting and retaining newer, younger staff who have significant expectations for growth, learning, professional development and a work-life balance.

Risks

• An increase in the number of large, complex cases for which publicly-funded legal representation is sought could jeopardize the ministry's ability to operate within budget.
• Legal decisions on Charter of Rights and Freedoms issues could place additional obligations on the ministry and government. For example, court decisions regarding Charter litigation as well as decisions that provide for government funding of parties who wish to litigate public interest issues against government could result in considerable costs to government to fund both sides. This kind of risk could be mitigated to some degree by appealing such decisions, by providing legal arguments that invite the courts to consider the fiscal implications of such decisions, and by working with client ministries and agencies to manage issues that could lead to litigation.
• Implementation of cost recovery can lead client ministries and agencies to avoid obtaining (and paying for) legal advice and representation in order to conserve their own resources. Taking action without appropriate legal advice could jeopardize client ministries and result in increased litigation against government. The ministry mitigates this risk through detailed service planning between the Legal Services Branch and the client ministry or agency. This approach helps client ministries and agencies plan for appropriate levels of legal services. Identifying to Treasury Board possible areas of significant risk is another mitigating strategy used by the ministry.
• The volume of aboriginal litigation has been increasing and could increase further, with mounting costs to government. The ministry works with the Treaty Negotiations Office and with other ministries and agencies to manage aboriginal issues in a way that can reduce the risk of litigation. The ministry also works to contain associated costs by effectively managing and combining internal and external resources.

Opportunities

The search for better and more efficient ways to administer justice in the province has led to significant reforms and produced many benefits. The changes below represent new directions the ministry has taken in response to recent opportunities.

• A leadership role and stronger, more compelling partnerships with federal, provincial and territorial governments regarding justice reform and innovation.
• Greater collaboration with family and civil justice partners.
• Development of a provincewide civil justice electronic information system.
• Adoption of provincial and national standards for electronic disclosure of evidence in criminal cases, which facilitates effective and efficient information exchange among police, Crown counsel and defence counsel.
• Increased use of technology, such as electronic filing of civil court documents.
• Increased use of the web for self-service to external clients and ministry staff.
• Bylaw reforms that allow municipal bylaw disputes to be resolved outside the courtroom, thereby expediting resolution and offloading some workload pressures in the courts.
• Use of videoconference technology in high security cases, thereby avoiding the costs of high security escorts and reducing security risks at court.
• Use of circuit courts to continue access to services in several communities where courthouses had to be closed in order to reduce facility overhead costs.
• Traffic reforms that permit teleconferencing and result in a streamlined and a more efficient dispute process, particularly for police.
• Implementation of full cost recovery for legal services provided to government, leading to a more efficient and effective use of those services.
• Employee Performance and Development Plans (EPDPs) for all employees that encourage individual and organizational learning as well as development and performance, and align individual performance with the reform and innovation goals and objectives of the ministry.

Strategic Shifts and Significant Changes in Policy Direction

During the past year, the ministry considerably strengthened its reform efforts in all parts of the justice system. Reform and innovation became the foundation for a cultural change within the ministry, and leadership in justice system reform was adopted as a key goal. This strategic shift was incorporated into the 2005/06 — 2007/08 Service Plan. It also shaped and directed some of the ministry initiatives undertaken in 2004/05 and reported in this document.

New Era Commitments

Most of the ministry's New Era commitments have been completed and reported in other documents. Only one of the commitments remains, and its completion is pending further action on electoral reform. The ongoing commitments shown below have no fixed end dates and will continue indefinitely because they are integral to the ministry mandate.