Strategic Context

The Ministry’s operations and its ability to achieve its goals are influenced by significant external factors. One important factor is that the Ministry is just one of many participants in the justice system.

Justice System

Since 2001 the Ministry has led significant justice reform such as small claims reform, the implementation of e-court services, the revitalization of the administrative justice system, and the establishment of the Organized Crime Unit, as well as the Hate Crime Team.

Currently in British Columbia, 86 per cent of criminal cases conclude within 12 months or less. In 81 per cent of family cases the first order is granted in six months or less. Ninety-four per cent of small claims cases reach settlement conference within 12 months or less. However, there are continuing and significant challenges that impact the effectiveness of, and confidence in, the justice system.

• Longer delays, increasing costs and complexities have made civil and family courts less accessible. For example, between 1996 and 2002 civil trial length at the Supreme Court in the Vancouver Law Courts has increased by approximately 100 per cent. Over the same period the number of trials decreased by 50 per cent.
• Many people have difficulty affording litigation, and those who can afford it frequently find that the cost of litigation is disproportionate to the value of the issues involved.
• Procedural complexities in civil and criminal matters have made some cases expensive to defend. This has caused the courts to require that government pay costs in some cases.

Public safety continues to be a high priority for British Columbians. Concerns for safety have resulted in a rise in funding for police and corrections. The increase in police officers coupled with population growth has increased the number of criminal charges recommended by the police by seven per cent. This has increased volume in other areas of the system.

The nature of crime is becoming more complex. Gang violence, organized crime, and technology-based crimes such as child pornography, debit and credit card fraud, and identity theft, which are serious concerns, are more difficult to prosecute. The hardening of the criminal population (longer records, more serious crime and increased incidence of mentally disordered criminals) also adds to prosecution complexity.

The federal government has sole jurisdiction over the Criminal Code of Canada, which means that the province can influence, but not determine criminal law reform and must implement or adapt to any new legislation. For example, the proposed federal Tackling Violent Crime Bill would introduce increased mandatory minimum sentences, larger fines and in some cases would change the onus to the accused to avoid dangerous offender designation.

Legal Services

Government’s demand for legal services is increasing. Complexity and volume of civil litigation affects government just as it does other parties to litigation. Policy priorities affect requirements for legal advice. For example, the first modern day treaties with First Nations are nearing completion and considerable legal advice is required with respect to negotiation and implementation. The Ministry supports government’s key goals and objectives in relation to such matters as health care delivery, climate action, treaty negotiations and the New Relationship with First Nations. All of these matters require legal services to ensure that the government continues to act in accordance with the rule of law.

New Relationship

The government of British Columbia is leading the nation in developing a New Relationship with First Nations and Aboriginal People. Guided by principles of trust, and by recognition and respect of First Nations’ rights and title, we are building a stronger and healthier relationship between government and Aboriginal people. The Ministry continues to work with the Ministry of Aboriginal Relations and Reconciliation to review and provide advice on changes to legislation and operational procedures that meet honour of the Crown requirements and respect First Nations rights and title. The honour of the Crown is a principle that presumes the Crown will act honourably in any of its dealings.

Newcomers

As a favoured destination for new immigrants, British Columbia welcomes over 40,000 newcomers each year. Newcomers, including business people, skilled workers, international students, refugees and family members, arrive here from 180 countries. The top source countries for British Columbia are China, India, and the Philippines. While many newcomers arrive ready, willing and able to put their skills to use, others need extra assistance to adapt and thrive in their new surroundings.

Climate Change

 
Government’s strong leadership in addressing climate change has a large impact on how the Ministry does its work. As a large ministry that operates courthouses and transports prisoners, the Ministry places a strong priority on reducing its carbon footprint. Government’s climate action leadership also introduces new requirements for specialized legal advice.

Fort St. John Courthouse Staff