2 | Ministry of Justice – Criminal Justice Branch
Region 5
Northern
Region 4
Interior
Region 2
Vancouver
Region 1
Vancouver Island -
Powell River
Region 3
Fraser
Office of the ADAG
&
Table of Contents
Branch Vision, Mission and Values 4
Message from the Assistant Deputy Attorney General 5
B C ’s Prosecution Service - An Overview 7
Regional Profiles 9
The Criminal Justice Process 10
Innovations & Initiatives 15
Awards & Achievements 18
Financial Information 20
B.C.’s Prosecution Service
Annual Report
2012/2013
4 | Ministry of Justice – Criminal Justice Branch
Criminal Justice Branch Vision
Courageous, Fair and Efficient – a Prosecution Service that has the confidence of the public.
As an integral part of the Ministry of Justice, the Criminal Justice Branch will deliver on its core responsibilities in a manner that safeguards
prosecutorial independence, and supports an effective justice system through communication, collaborative effort and innovation.
Branch Mission
B C ’s Prosecution Service is governed by seven fundamental values:
•
Fairness
- We act with fairness and impartiality in our pursuit of justice•
Independence
- We perform our public service without regard toimproper influence or interference.
•
Rule of Law
- We apply the rule of law consistently and diligently•
Public Safety
- We understand the importance of public safety and the need for itscontinued, informative role in our decision-making
•
Excellence
- We achieve excellence by working together and by employing our skillsand knowledge in accordance with the highest ethical standards
•
Attitude
- We serve the public with courtesy and respect•
Our People
- We are dedicated to effectively supporting Branch staff in pursuit oftheir professional goals, treating one another with respect, recognizing individual achievement and sharing information, knowledge and resources
Branch Values
I am pleased to present the 2012/2013 Annual Report for the Criminal Justice Branch (the Branch), Ministry of Justice.
The core mandate of the Branch, also known as B.C.’s Prosecution Service,
is defined by the Crown Counsel Act, R.S.B.C. 1996, c.87. On behalf of the provincial Attorney General, the Branch:
(a) approves and conducts all prosecutions of offences in British Columbia that fall within the provincial Attorney’s jurisdiction;
(b) initiates and conducts all appeals and other proceedings for these same prosecutions;
(c) conducts appeals or other proceedings for prosecutions in which the Crown is named as a respondent;
(d) advises the government on all criminal law matters;
(e) develops policies and procedures for the administration of criminal justice in British Columbia; (f) interacts with the media and affected members of the public on all matters respecting the approval and conduct of prosecutions or related appeals; and
(g) completes any other function or responsibility assigned to the Branch by the Attorney General.
Consistent with its organizational Vision, B.C.’s Prosecution Service worked hard in 2012/2013 to deliver on its statutory mandate in a courageous, fair and efficient manner. During this past fiscal year, the Branch received 68,774 new Reports to Crown Counsel from investigative agencies for the purpose of charge assessment and approval. Over this same period, we concluded prosecutions against 63,161 persons who were accused of criminal or regulatory offences. The Annual Report provides additional statistics on the volume of prosecution files that the Branch processed over the course of 2012/2013, as well as their outcomes. Explanations on how the criminal justice system works in British Columbia and the role of the B.C. Prosecution Service are included – you are encouraged to read the Annual Report to learn more about who we are and what we do.
In addition to meeting our core responsibilities, B.C.’s Prosecution Service spent this past year actively engaged in justice reform. When the government initiated its “Justice Reform Initiative” in February 2012, the Branch proactively developed a comprehensive list of “Proposals for Reform in Criminal Justice”. The Branch presented these Proposals to Geoffrey Cowper, QC, who was appointed by government to lead an external review of the justice sector. In his final report, Mr. Cowper characterized the Branch Proposals as “a very impressive response to virtually every concern raised during [his] review”. B.C.’s Prosecution Service has been working diligently at their implementation. Among other things accomplished thus far, the Branch has:
Message from the Assistant Deputy
Attorney General
Joyce DeWitt-Van Oosten, QC Assistant Deputy Attorney General
6 | Ministry of Justice – Criminal Justice Branch
Message from the Assistant Deputy
Attorney General
• implemented a major case management model to introduce a project management approach to our largest prosecutions;
• developed an online, province-wide File Closing Survey that gathers business intelligence on completed prosecution files for learning and planning purposes;
• added statistical data for B.C.’s Prosecution Service to the JusticeBC dashboards to increase public transparency;
• established our first ever internal Audit Committee for Quality Assurance and Process Improvement on case management practices in the Branch;
• developed a new, external Communications Strategy to proactively inform the public of Branch decisions on complex, high profile cases;
• continued work on significant technology projects that are designed to enhance the electronic transfer of disclosure materials in criminal cases;
• actively engaged with the Provincial Court of British Columbia in the ongoing redesign of its case scheduling system;
• began developing models for increased Crown file ownership in the Branch’s trial offices (reducing the number of prosecutors that engage with each file); and
• reconfigured Branch Headquarters and the Criminal Appeals and Special Prosecution offices to eliminate any duplication of service, maximize Branch areas of expertise and enhance legal and operational support for front line services through a collaborative delivery model.
More information about the Branch’s “Proposals for Reform in Criminal Justice” is found at page 15 of the Annual Report. The work continues. In line with the strategic plan for the Ministry of Justice, the B.C. Prosecution Service remains committed to continuous
improvement of its own prosecution and business practices, as well as collaboratively working with other justice sector partners to achieve effective process improvement and justice reform across the system as a whole. I consider it a true privilege to lead the B.C. Prosecution Service. This is an organization that is filled to the brim with talented and hard working legal, administrative and business staff who individually, and collectively, strive for excellence in their service to the public. They do so in a demanding, high-volume environment with heavy workloads and complex issues. Notwithstanding the daily pressures, they
remain principled in their decision-making, care deeply about doing good work and they willingly step up to the plate with innovative solutions for process improvement when asked to do so.
As Assistant Deputy Attorney General, I am grateful for the continued commitment and professionalism of all members of B.C.’s Prosecution Service.
Responsibility for the administration of justice in Canada falls to the provinces and territories. B.C.’s Prosecution Service has the legal obligation for the prosecution function in British Columbia, including assessing all information forwarded by police and other investigative agencies to determine whether charges should be laid. (Police and investigative agency reports are referred to as Reports to Crown Counsel or RCCs.) The Prosecution Service is headed by the Assistant Deputy Attorney General for criminal justice, supported by a number of Directors and, in each Region, by a Regional Crown Counsel. Prosecutors in B.C. are lawyers, known as Crown Counsel. Crown Counsel are officers of the court and perform their duties according to legislation, including
Canada’s Criminal Code and British Columbia’s Crown Counsel Act.
The Assistant Deputy Attorney General is charged with the administration of the Criminal Justice Branch and has independent authority for the conduct and supervision of all criminal prosecutions. While the Branch is part of the Ministry of Justice, the prosecutorial function is delivered independent of government to protect it from political interference. This protection is made transparent by the Crown Counsel Act. For example, the Attorney General, an elected official, may direct the Assistant Deputy Attorney General on individual prosecutions, but must do so in writing and the direction must be published in the BC Gazette, the official public legal record of government notices. Role of Crown Counsel
Crown Counsel exercise a quasi-judicial function under Canada’s system of law and have a paramount duty of seeing that justice is done in each case. When a crime is committed against a victim, it is also a crime against our society as a whole. Therefore, prosecutors do not represent individual victims; they perform their function on behalf of the community. In practice, this means that while Crown Counsel conduct prosecutions vigorously, their first duty is to ensure the trial process is fair to all, the evidence is presented thoroughly and accurately and the integrity of the justice process is maintained. In other words, their duty is not to obtain a conviction at any cost, but to ensure justice is done and perceived to be done – fairly, impartially, efficiently and respectfully. Crown Counsel are entrusted with the prosecution of all offences and appeals in British Columbia which arise
under Canada’s Criminal Code and do not fall within the jurisdiction of the federal prosecution service (such
as prosecutions under the Controlled Drugs and Substances Act), as well as provincial regulatory offences. They appear in court as agents for the Attorney General.
British Columbia is one of three provinces in Canada where prosecutors decide whether criminal charges should be laid. Normally, police prepare a Report to Crown Counsel with evidence relating to a possible crime. Crown Counsel independently assess based on the whole of the Report whether charges should be laid. Decisions are based on the Prosecution Service’s usual charge approval standard. Charges will be approved where Crown Counsel is satisfied:
• there is a substantial likelihood of conviction; and • a prosecution is required in the public interest.
The expertise of Crown Counsel in conducting charge assessments adds significant value to B.C.’s criminal justice system by ensuring, as much as reasonably possible, that only viable cases proceed. Oversight of the charging process by Crown Counsel acts as a further safeguard against miscarriages of justice.
8 | Ministry of Justice – Criminal Justice Branch Role of Special Prosecutors
Special prosecutors are appointed by the Assistant Deputy Attorney General under the Crown Counsel Act when there is a significant potential for a perceived or real improper influence in prosecutorial decision making in a given case. The paramount consideration is the need to maintain public confidence in the administration of criminal justice. Special prosecutors are appointed from a list of senior and experienced lawyers in private practice. Appointments are reviewed every five years. The review includes asking the Law Society to conduct searches of its records to determine the standing of lawyers who are proposed as special prosecutors. This process ensures a consistent high standard is applied to those cases which are referred to a special prosecutor. Only the head of B.C.’s Prosecution Service has authority to appoint a special prosecutor and to define the special prosecutor’s mandate. Once appointed, special prosecutors are independent of B.C.’s Prosecution Service. Special prosecutors must adhere to the policies of the Criminal Justice Branch when conducting their cases, including the Branch’s charge assessment guidelines. Where there is a decision to prosecute, the special prosecutor would ordinarily conduct the prosecution and any subsequent appeals. If the Attorney General, the Deputy Attorney General or the Assistant Deputy Attorney General wishes to intervene in the decisions of the special prosecutor, they would have to do so in writing and publish their directions in the B.C. Gazette.
Role of the Attorney General as Chief Law Officer of the Crown
The Attorney General “superintends” all matters connected with the administration of criminal justice in British Columbia that are not within the jurisdiction of the federal government, including the prosecution of criminal and regulatory offences. Crown Counsel are appointed to represent the Attorney General before the courts on prosecution files.
In carrying out these responsibilities, the Attorney General must act independently of political pressures from government and other external bodies. The Attorney’s independence is so fundamental to the integrity and efficiency of the criminal justice system that it is constitutionally entrenched. This ensures the Attorney’s agents, Crown Counsel, can properly fulfill their quasi-judicial role as ministers of justice.
The role of minister of justice is governed by fundamental principles, each of which seeks to maintain, promote and defend the common good. These include protecting fair trial interests; assisting the court in its truth-seeking function; conducting prosecutions with dignity, objectivity and impartiality; exercising restraint in the application of the criminal law; and respecting the individualization of justice.
The administrative relationship between the Attorney General, the Criminal Justice Branch and Crown Counsel is defined with reference to the Attorney General Act and the Crown Counsel Act. At the same time, it does not take away from the Attorney’s ultimate authority for the prosecution function. The Attorney retains supervisory authority and is accountable to the Legislature for the conduct of Crown Counsel.
The Attorney is also entitled to be told in advance of major or difficult prosecutions so that, should the need arise, the Attorney might exercise the ultimate power of direction in the public interest.
The Crown Counsel Act contains publication provisions for directions provided by the Attorney General or Deputy Attorney General to the Criminal Justice Branch. Section 5 mandates that directions on specific prosecutions or appeals be published in the Gazette. Section 6 is permissive. Directions provided in respect of Criminal Justice Branch policy or its administration can be published at the discretion of the Assistant Deputy Attorney General.
B.C.’s Prosecution Service - An Overview
Regional Profiles
Vancouver Island - Powell River Region
The Vancouver Island - Powell River region of B.C.’s Prosecution Service encompasses Vancouver Island
and the Powell River area of the Sunshine Coast. Nine prosecution offices serve nearly 100 communities.
The regional headquarters is in Victoria. Vancouver Region
The Vancouver region of B.C.’s Prosecution Service includes the urban communities of Vancouver, Burnaby, Richmond, West Vancouver, and the City and District of North Vancouver. It also encompasses the communities of Sechelt, Gibsons, Squamish, Whistler, Pemberton, Mount Currie and the Bella Bella, Bella Coola and Klemtu circuit courts. The regional headquarters is in downtown Vancouver.
Fraser Region
The Fraser region of B.C.’s Prosecution Service is located in the Fraser River valley. Crown offices are located in Abbotsford, Chilliwack, New Westminster, Port Coquitlam and Surrey. The regional headquarters is in New Westminster.
Interior Region
The Interior region of B.C.’s Prosecution Service comprises central and southeastern British Columbia, an area that includes the Thompson, Okanagan and Kootenay valleys. In conjunction with 46 RCMP detachments and seven prosecution offices, Branch staff serve 21 court locations. The regional headquarters is in Kamloops. Northern Region
The Northern region of B.C.’s Prosecution Service covers two-thirds of the province, a vast geographical area that stretches from the Yukon border in the north to 100 Mile House in the south, the Alberta border to the east and the Queen Charlotte Islands in the Pacific Ocean in the west. With regional headquarters in Prince George, the Northern region operates out of 10 offices and serves 30 communities.
Crown Law Division
The Crown Law Division (CLD) of B.C.’s Prosecution Service has offices in both Vancouver and Victoria. Serving the entire province, CLD operations include conducting indictable appeals in the B.C. Court of Appeal and Supreme Court of Canada. CLD houses the Branch’s new Major Case Management project team, and conducts specialized prosecutions and applications related to organized crime, proceeds of
crime, securities, commercial crime, and occupational health and safety. It provides policy coordination
and constitutional litigation support to prosecutors across the province, and manages the Branch’s
professional development services for Crown Counsel and administrative staff. Office of the Assistant Deputy Attorney General
The Office of the Assistant Deputy (OA) has primary responsibility for the Branch’s business operations, as well as policy development and legislative updates, strategic planning, communications, security, financial, technology and human resource services. Offices are located in Vancouver and Victoria.
10 | Ministry of Justice – Criminal Justice BranchMinistry of Justice – Criminal Justice Branch
The Criminal Justice Process
Police investigate possible crime. If warranted, police or other investigative agencies submit to Crown a Report to Crown Counsel (RCC) for charge assessment.
INVESTIGATION
If the accused is found guilty after a trial, or pleads guilty to charges, a sentence will be imposed.SENTENCING
Crown receives RCC – which is then subject to charge assessment: • Is there a substantial likelihood of conviction? • Is prosecution required in the public interest?CHARGE
ASSESSMENT
PROSECUTION
If charges are laid, Crown Counsel conducts a prosecution against the accused on behalf of the community. Trials may be held in Provincial Court or the Supreme Court of BC.The trial will determine if the accused is found: • not guilty; or • guilty.
APPEALS
The decision of the judge or jury is final. However, that decision may be appealed. An appeal is a formal request for change to the decision believing an error was made in some important aspect of the trial. Appeals can be initiated:• from a conviction and/or sentence; • from an acquittal Crown Counsel can:
• Lay charges; • Not lay charges; • Refer person to an alternative measures program; or • Refer matter back
to investigative agency for more information.
Investigation
When a possible crime is reported to an investigative agency like the police, or the agency itself identifies a possible crime, the agency will investigate and decide whether the incident warrants forwarding a Report to Crown Counsel (RCC) to B.C.’s Prosecution Service. Crown Counsel do not investigate offences. It is the responsibility of the investigative agency, which functions independently from the Prosecution Service, to investigate and to exercise its own discretion in deciding whether to forward a RCC for charge assessment and prosecution.
The Criminal Justice Process
REPORTS TO CROWN COUNSEL RECEIVED BY REGION
2011/2012 2012/2013 % Change from
2011/2012
Criminal Justice Branch Total
70,836
68,774
-2.9%
Vancouver Island - Powell River
13,528
13,539
0.1%
Vancouver
17,865
16,558
-7.3%
Fraser
17,964
17,518
-2.5%
Interior
11,326
10,993
-2.9%
Northern
10,011
9,979
-0.3%
CLD and Office of the ADAG*
142
187
31.7%
REPORTS TO CROWN COUNSEL RECEIVED
2011/2012 2012/2013 % Change from
2011/2012
Total RCCs
70,836
68,774
-2.9%
Total accused
78,427
76,403
-2.6%
Adults accused
72,475
71,142
-1.8%
Young Persons* accused
5,952
5,261
-11.6%
Young Persons % of total
7.6%
6.9%
-9.4%
Note: *Crown Law Division and the Office of the ADAG are secondary receivers of some files, and therefore file management processes differ from other Regions (i.e. appeal files).
12 | Ministry of Justice – Criminal Justice BranchMinistry of Justice – Criminal Justice Branch
Charge Assessment
When B.C. prosecutors receive a RCC from police or another investigative agency, they assess whether charges should be laid against the person or persons named in the RCC. Prosecutors review every RCC in accordance with the Criminal Justice Branch’s two-pronged charge assessment guideline. This standard forms part of the Crown Counsel Policy Manual (www.ag.gov.bc.ca/prosecution-service/policy-man), a public document that guides prosecutors in exercising their discretion.
Prosecutors can decide that no charges should be laid, charges should be laid or the accused person should be referred to an alternative measures program rather than go to court. The proportion of accused persons approved to court annually is approximately 82.7 per cent.
Any RCC received from the police or other investigative agency may contain information on both a number of accused persons and a number of related charges. Once the charge assessment has been conducted on the contents of a RCC, a new prosecution file is created, which can involve one or more accused, on one or more charges. The formal court process is initiated by the swearing of an Information (the charging document).
Approximately 67 per cent of the matters that go to court – the offences that the accused is charged with – result in either a guilty plea or a conviction. The remaining 33 per cent are either judicially stayed, stayed by Crown Counsel because they no longer meet the charge assessment standard (and are therefore no longer viable for prosecution), are acquitted, abated, or otherwise concluded.
To guard against delay in the criminal justice process, prosecutors conduct their charge assessments as quickly as possible, consistent with a thorough analysis and principled decision making. For more complex cases, the charge assessment process may take a considerable period of time.
In 2012/2013:
• 58 per cent of charge assessments were done by the end of day 1 of the RCC being submitted to Crown Counsel (where Crown Counsel did not return the RCC to police for more information) [first full working day after the RCC is received];
The Criminal Justice Process
CHARGE DECISIONS 2012/2013
Approvedto Court Alternative Measures No Charge Police/ProbationReturned to
Total Charge Assessments on Accused
Persons
Total charge decisions on
accused persons
62,797
1,426
9,906
2,274
76,403
Charge decisions
involving accused adults
58,635
1,150
9,235
2,122
71,142
Charge decisions involving accused
• 66 per cent by the third day; • 78 per cent by the seventh day; • 87 per cent by the 15th day; and • 93 per cent by the end of the 30th day.
Prosecutions & Appeals
Crown Counsel conduct prosecutions and appeals in every level of court: the Provincial Court of B.C., B.C.
Supreme Court, B.C. Court of Appeal and Supreme Court of Canada.
Although one of their responsibilities is to keep victims informed about the justice process, prosecutors do not act for victims of a crime. Rather, Crown Counsel appear in court as agents for the provincial Attorney General and conduct the prosecution on behalf of the whole community.
Sentencing
If an accused pleads guilty or is found guilty after a trial, Crown Counsel are responsible for making a recommendation on sentence. The final sentencing decision is made by the court.
Each accused person is considered to be “concluded” for the purpose of Branch data when a final court decision has been reached. If the accused pleads guilty or is found guilty after a trial, he or she will be sentenced. Post-sentence reviews, applications, appeals and other legal processes may result in some matters related to a concluded file being revisited. For statistical purposes, each person whose case has reached a conclusion is
counted as of the date the court disposition was reached.
The Criminal Justice Process
CONCLUDED PERSONS PER FISCAL YEAR
2011/2012 2012/2013 % Change from 2011/2012
Total concluded persons
73,046
63,161
-13.5%
Adult
67,673
58,664
-13.3%
Youths
5,373
4,497
-16.3%
FINDINGS OF CONCLUDED PERSONS - 2012/2013
Not Guilty Stayed Guilty Peace Bonds Other ConcludedTotal
Concluded Persons
1,397
17,884
42,538
1,107
235
63,161
14 | Ministry of Justice – Criminal Justice BranchMinistry of Justice – Criminal Justice Branch
OVERVIEW OF SIGNIFICANT FACTS (2012/2013)
Vancouver Island -
Powell River
Vancouver Fraser Interior Northern & OACLD B.C.
Total
Population of region* 765,824 1,175,283 1,650,62 739,640 292,764 n/a 4,622,573 Number of
Crown offices 9 7 5 7 10 2 40
Number of courts
(including circuit courts**) 13 11 5 21 32 n/a 82
Reports to Crown Counsel
received
13,539
16,558
17,518
10,993
9,979
187
68,774
Accused namedon reports to
Crown Counsel
15,020
18,331
19,637
12,172
11,007
236
76,403
Total Accused withcharge decisions
approved to court
12,356
14,746
16,489
9,814
9,214
178
62,797
New files: Murder,
attempted murder
and manslaughter
11
18
22
13
7
1
72
VOCA victims***
4,571
5,979
6,427
3,770
2,678
90
23,515
Total witnesses required
24,811
38,974
42,282
21,610
17,175
864
145,716
Notes:
* Population Estimates from BC Stats. Regions used are Health Authority Regions.
** Circuit Court: Defined as the practice of judges travelling within a defined circuit to hear cases in various communities. This practice is common in rural and geographically remote areas of British Columbia.
*** VOCA victims: As defined in B.C.’s Victim of Crime Act: An individual who suffers physical or mental injury or economic loss because of an offence. There can also be secondary victims who have suffered emotional trauma because of an offence caused against a family member.
Innovations & Initiatives
As noted earlier, B.C.’s Prosecution Service spent fiscal 2012/13 actively engaged in justice reform. When the government initiated its “Justice Reform Initiative” in February 2012, the Branch proactively developed a comprehensive list of “Proposals for Reform in Criminal Justice”.
While never losing sight of its first priority, conducting prosecutions, appeals and their ancillary applications, the Branch has vigorously pursued its justice reform agenda. Moreover, working closely with ministry and other justice partners, the Branch has sought ways to improve the manner in which it provides its services in a high-volume, rapidly paced and complex criminal law environment.
In January 2013, the Branch published its 2013/2014 – 2015/2016 Strategic Plan. The Plan outlined an array of justice reform initiatives and projects designed to deliver effective and accountable justice services, in alignment with Ministry of Justice goals.
During 2012/2013, the Branch has completed a number of these initiatives and projects, and now continues the development of others. The justice reform agenda continues to be a driving force in the ministry and a priority for the Branch. The following list of projects and initiatives highlight some of the work the Branch has
undertaken over the last year.
Business Intelligence, Project Management and Open Data
The Branch continued its active participation as part of the Ministry of Justice Business Intelligence (BI), Performance Measurement and Open Data working groups. In addition, the Branch worked closely with the ministry’s Project Management Office to ensure project-level alignment with ministry priorities. As a result of this work, the Branch provided important input into the development of justice system performance indicators and contributed to developing business intelligence capacity across the ministry. The Branch also published a series of interactive online dashboards on the publicly accessible JusticeBC website (http://www.justicebc.ca/en/rm/index. html), including charge assessment data (RCCs received; number of accused) and concluded prosecutions. Complexity Index
In 2012/13, there was continued refinement of the Branch’s pioneering complexity index – an objective tool for measuring the complexity of criminal cases. Use of the complexity index facilitates a greater understanding of the dynamics that inform the criminal litigation process and can assist in resource allocation and other business decisions.
File Closing Survey
The Branch implemented an internal, online File Closing Survey to gather post-resolution business intelligence on significant steps/developments in the life of a prosecution file. It is anticipated that information gathered may improve understanding of important phases of the prosecution process and help in decisions about policy and procedures, assist in continuous improvement and other operational matters.
16 | Ministry of Justice – Criminal Justice BranchMinistry of Justice – Criminal Justice Branch
Innovations & Initiatives
CJB Audit CommitteeIn December 2012, the Branch established an Audit committee with the mandate to pursue operational excellence through quality assurance and continued improvement of case management practices. On an annual basis, practise review teams will undertake principled and methodical analyses of specific case management practices, as identified by the committee, and identify recommendations for change. The first completed practise review is expected to be complete in fall 2013.
CJB External Communications Strategy
The Branch has moved forward with an enhanced external communications strategy that seeks to strengthen confidence and improve public understanding of the role of the B.C. Prosecution Service, the principles that govern its decision-making, case outcomes and the criminal justice system as a whole.
Provincial Court Scheduling
Under the leadership and authority of the Provincial Court of British Columbia, the Criminal Justice Branch is working co-operatively with Court Services Branch (Ministry of Justice) in support of the Court’s plan to redesign its scheduling processes towards a model that facilitates earlier resolution and creates efficiencies by reducing administrative appearances and collapse rates.
Crown File Ownership
The Branch has been actively engaged in development of a Crown file ownership model that supports a redesigned Provincial Court Scheduling model. The intended outcomes of increased file ownership include improved continuity of conduct (reducing the number of prosecutors that handle a file) and earlier assignment of Crown Counsel to cases that are headed to trial. Design and planning for Crown file ownership continues as the details and timeframes regarding the new Provincial Court Scheduling model become finalized.
Consistent Workflow
The Branch participated and provided input into the criminal case file management project, led by Court Services Branch, which aims to streamline and create consistent workflows for provincial criminal files.
Quality Control Guidelines
In addition to increased file ownership, the Branch continues to identify enhancements and improved case management business processes, such as consistent bring-forward systems to monitor completion of the Crown’s disclosure requirements in prosecution files and improved monitoring of witness availability to ensure trial readiness.
Police Liaison Officers
In consultation with police, the Branch explored the enhanced use of Police Liaison Officers within Crown Counsel offices. The Branch continues to move forward on strategies that facilitate stronger communication between the respective entities and maximize the value of the liaison officer role.
Update of Training Materials on Disclosure for Police
The Branch developed a series of training materials for use by police aimed at increasing law enforcement’s understanding of its disclosure obligations. Materials for use by police agencies will include checklists, a training video and a condensed version of the Memorandum of Understanding on Disclosure which is in place between police and the Branch. Implementation of the training plan will continue into the 2013/2014 fiscal year. Adult Alternative Measures
The Branch explored the enhanced use of alternative measures across the province as a means by which to resolve prosecution files, where appropriate, without a formal prosecution. CJB and the Corrections Branch completed a pilot project that used front-end risk assessment tools to assist counsel in properly referring low-risk offenders into alternative measures. By increasing the number of referrals, the pilot project aimed to reduce the workload and resource pressures on the court system. Going forward, a cross-ministry collaborative working group has been established to continue exploring enhancements in this area.
Major Criminal Case Management Model
In support of a larger ministry initiative on major case management, the Branch completed development of a comprehensive best practice model for managing major Branch criminal cases. There are six component pieces to the model:
• Major Case Management Advisory Panel;
• Funding formula for major cases, including backfill;
• Disclosure Expert Crown Counsel and Guidelines for Early Advice to Police; • Major Case leadership and team training program, including a wellness program; • Major Case Administrative Resource Group; and
• Regular performance monitoring framework and post-case qualitative and quantitative reviews. ICON II
The Branch will continue work on the Corrections Branch (Ministry of Justice) led ICON II project. This initiative will enable compliance with the requirement to provide in-custody accused with appropriate access to eDisclosure evidence. The ICON information technology platform allows for more efficient and effective offender management, as well as providing the ministry with transformational opportunities and foundational business technologies for integrated and comprehensive caseload and document management and workload management strategies.
PRIME-JUSTIN Multipush
The Branch has begun the PRIME-JUSTIN “multipush” pilot process. The “multipush” process allows for more comprehensive Report to Crown Counsel content, reduction in data entry and streamlined business processes between police and Crown Counsel for the submission of additional RCC documentation.
18 | Ministry of Justice – Criminal Justice BranchMinistry of Justice – Criminal Justice Branch
• Four Crown Counsel received the Queen’s Counsel designation in 2012/13, an honour conferred on members of the legal profession to recognize exceptional merit and contribution. Successful candidates demonstrate professional integrity and good character and must be members of the British Columbia bar for at least five years. Branch recipients included:
• Carmen Rogers, QC, Region 1, Victoria. Carmen is an elected officer for the Canadian Bar Association (CBABC) and has also been involved with the CBA’s national international development program, the national criminal justice section, and the CBABC law student mentorship program.
• Jennifer Duncan, QC, CLD, Vancouver. Jennifer has been involved in legal education and the practice of criminal law for more than two decades. She participates as an ad hoc instructor for the UBC moot program and has served on the Law Society of B.C.’s discipline committee.
• Mary Ainslie, QC, CLD, Vancouver. Mary has been a member of the CBABC’s legal aid committee since 2008, has served as an adjunct professor at UBC’s faculty of law, and is regularly asked to write and present for the Continuing Legal Education Society of British Columbia (CLEBC). • Clinton Sadlemyer, QC, Region 5, Fort St. John. Clint joined the Branch in August 2012, with an
extensive background in criminal practice. He served for five terms as president of the Nanaimo County Bar Association, with a strong commitment to the CBABC Benevolent Society. He previously served as chair of the Court Services Committee for the CBABC, chair of the membership committee, and as a member of the Legal Service Society’s criminal tariff committee.
• In 2012/2013, a number of Crown Counsel were appointed to the Bench. Appointees included: • Jennifer Oulton, Region 2
• William (Bill) Jackson, QC, Region 5 • Roger Cutler, Office of the ADAG
• Robin Baird, previously appointed in 2011 to the Provincial Court of BC, was elevated to the Supreme Court of British Columbia in Nanaimo
• Joyce DeWitt-Van Oosten, QC, Assistant Deputy Attorney General, was presented with the 2012 Canadian Bar Association British Columbia George A. Goyer, QC Memorial Award for Distinguished Service. The Georges A. Goyer, QC Memorial Award was created in 1992 to recognize the exceptional contributions and achievements made by a resident of British Columbia to the legal profession in British Columbia; to the jurisprudence in British Columbia or Canada; to the law or development of the law in British Columbia; or, to a significant law-related benefit to the residents of British Columbia. • Marilyn McFee, Financial Officer for Region 1 (now retired) was awarded the Ministry of Justice’s
2012 Corporate Services Service Award. This award recognizes a ministry member who has provided exemplary corporate service within the ministry and for service above and beyond what is expected in his or her day-to-day work, or indirect service to the public, paying particular attention to the outcomes for citizens.
• Robert (Bob) Gillen, QC, former ADAG (now retired), was awarded the Ministry of Justice’s 2012 Neil McDiarmid, QC, Commitment to Justice Award. This annual award recognizes a member of the Criminal Justice Branch who has, above and beyond the daily practice of law, contributed in a significant way to the Branch, the profession and/or the BC Public Service.
• Robert (Bob) Gillen, QC, was also honoured by the Federal/Provincial/Territorial Heads of Prosecution Committee. On October 10, 2012, former ADAG Bob Gillen was the recipient of the “Commitment to Justice” award. This esteemed award is presented to a deserving Canadian prosecutor who demonstrates a high level of commitment and dedication to the ideals of justice; has shown leadership in inspiring excellence, professionalism and ethical behaviour, and; who has strived to make a significant contribution to improving the effectiveness of the criminal justice system.
• In January 2013, Region 2 Crown Counsel Jenny Machek was awarded the Vancouver Police Department Chief Constable’s Unit Citation. She was recognized for her work on a case involving a vulnerable victim who was viciously assaulted in the downtown east side of Vancouver.
• Cal Deedman (now retired) was awarded a Queen’s Diamond Jubilee Medal for his significant contributions to the justice system as Crown Counsel with B.C.’s Prosecution Service, as well as his educational work abroad through the Justice Education Society. The Diamond Jubilee Medals commemorate the 60th anniversary of Queen Elizabeth’s accession to the Throne.
• In November 2012, the Branch honoured its own at the Crown Counsel conference. Regional recognition awards for excellence in service as Crown Counsel were given to:
• Brad Tomlin, Region 1 • Geordie Proulx, Region 2 • Judy Riddle, Region 2 • John Hempstead, Region 3 • Andrew Blunt, Region 3 • Carol Hawes, Region 4 • Catriona Elliott, Region 4 • Marie Louise Ahrens, Region 5 • Jennifer Duncan, Crown Law Division • Gillian Parson, Office of the ADAG
• Lynal Doerksen has been elected as a Law Society Bencher for Kootenay county. Lynal has served as a volunteer for many organizations, and is the chair of the CBABC Court Services Committee and a past
president of the Kootenay Bar Association and the
Fort McMurray Bar Association.
Awards and Achievements
20 | Ministry of Justice – Criminal Justice BranchMinistry of Justice – Criminal Justice Branch
B.C.’s Prosecution Service - Annual Report 2012/2013 B.C.’s Prosecution Service - Annual Report 2012/2013
Financial Information
BUDGET AND EXPENSES 2012/2013
Estimates Budget 113,616,000
Other Authorizations 935,000
Total Authorized Budget 114,551,000
Expenses 114,550,516
Variance (484)
Note: Expenditure amounts are rounded to the nearest thousand
Like most areas of government, the B.C. Prosecution Service faced a challenging fiscal environment in 2012/2013. Many areas of expenditure, including hiring, employee travel, contracts and office supplies, were further tightened and subject to centralized controls. CJB received contingencies vote access for pressures related to the Vancouver Stanley Cup Riot Prosecution Team and major cases. The Branch worked with both Ministry Corporate Services and Treasury Board staff to justify and ultimately secure contingencies vote funding for these pressures, which were beyond the Branch’s control.
Cover art:
Used with permission of the artist, Steve Milroy and the Integrated Court mural project committee The CJB Annual Report 2011/2012 showed the artist’s base for the mural (right) This year’s cover shows the completed mural, as displayed at 533 Chatham Street in Victoria, B C
In August 2012, Victorians from many walks of life came
together and painted individual square panels which are displayed together to create a mural of Lady Justice Participants were each asked to paint on their panel a representation of what ‘freedom’ meant to them This project will give citizens of Victoria a
lasting and positive reflection of their part in this community, and their personal wishes for justice and freedom. Artist’s conception drawing
22 | Ministry of Justice – Criminal Justice BranchMinistry of Justice – Criminal Justice Branch
