Bill 15 – 2013: Justice Reform and Transparency Act

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2013 Legislative Session: 5th Session, 39th Parliament

THIRD READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 11th day of

March, 2013

Craig James, Clerk of the House

HONOURABLE SHIRLEY BOND

MINISTER OF JUSTICE

BILL 15 – 2013

JUSTICE REFORM AND TRANSPARENCY ACT

Contents

Definitions

Justice and Public Safety Council

Objects of council

Advisory boards

Justice and public safety strategic vision

Strategic plans

Public reporting

Audits and reviews

Justice Summit

Memoranda of understanding

Independence not restricted

Section 5 of the Offence Act does not apply

13 – 30

Consequential and Related Amendments

Commencement

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

This Bill establishes a Justice and Public Safety Council, with specified planning and reporting requirements, to examine and suggest improvements to the functioning of the justice and public safety sector, as that term is defined by the Bill, to improve the functioning of the justice system in British Columbia. To assist in that endeavour,

the Bill provides a framework for memoranda of understanding, relating to administration of the courts, between the Attorney General and each of the Chief Justice of British Columbia, the Chief Justice of the Supreme Court and the Chief Judge of the Provincial Court,

for the Provincial Court, the Bill renames "part time judges" as "senior judges", clarifies the term of appointment for the chief judge, clarifies what is to happen should the office of chief judge become vacant, and clarifies the powers and duties of the chief judge, and

the Bill gives the director of police services the additional power to establish standards respecting the collection, disclosure and analysis of information relating to administration, management or programs of, or related to, policing and law enforcement.

Definitions

1 In this Act:

"council" means the Justice and Public Safety Council established under

section 2;

"justice and public safety sector" means the justice system, including, without limitation, programs or services, funded in whole or in part by public money, that contribute to the administration of justice or public safety in British Columbia;

"Justice Summit" means a meeting convened by the minister under

section 9;

"qualified candidate" means an individual who is in a senior leadership role in the government and who has responsibility for matters relating to the administration of justice in British Columbia or matters relating to public safety, and includes any other individual the minister considers to be qualified to assist in improving the performance of the justice and public safety sector.

Justice and Public Safety Council

2 The Justice and Public Safety Council is established consisting of

(

a) a qualified candidate appointed by the minister as chair, and

(

b) other qualified candidates appointed by the minister as members.

Objects of council

3 The objects of the council are the following:

(

a) to develop, in accordance with

section 5, a strategic vision for the justice and public safety sector;

(

b) to establish a strategic plan in accordance with

section 6;

(

c) to report in accordance with

section 7;

(

d) to collect information on the justice and public safety sector and use that information to assist the council in performing its functions under this section;

(

e) to facilitate the collection and sharing by participants in the justice and public safety sector of information needed to enhance the ability of the participants to

(

i) ensure careful management and prudent expenditure of public resources,

(ii) engage in evidence-based decision making,

(iii) make informed evaluations of their performance, and

(iv) design strategies to improve that performance;

(

f) to promote collaboration and cooperation among participants in the justice and public safety sector;

(

g) to provide advice and recommendations to the minister and to perform any other functions respecting the justice and public safety sector that the minister requires.

Advisory boards

(1) The minister may, at any time and from time to time, establish one or more advisory boards to

(

a) advise the minister on matters related to the administration of justice or public safety in British Columbia,

(

b) make recommendations to the minister as required to improve the performance of the justice and public safety sector, and

(

c) perform any other duties the minister may direct.

(2) The council may make recommendations to the minister respecting the composition of an advisory board and, after considering any recommendations made under this subsection, the minister may

(

a) appoint members of the advisory board, and

(

b) designate one member as chair and another member as vice-chair.

Justice and public safety strategic vision

5 The council must, after such consultation as the council considers appropriate with its advisory boards, if any, and participants in the justice and public safety sector, including, without limitation, participants in a Justice Summit, develop a strategic vision reflecting desired outcomes for the justice and public safety sector.

Strategic plans

(1) The council must, in each fiscal year, prepare a strategic plan in relation to the applicable period referred to in subsection (2) (

a) and must, in each strategic plan, do the following for each fiscal year that falls within the period to which the strategic plan relates:

(

a) propose goals that advance the strategic vision referred to in

section 5;

(

b) identify impediments to the achievement of the proposed goals;

(

c) propose strategies to achieve the proposed goals and to reduce or eliminate the identified impediments;

(

d) establish performance measures by which to assess

(

i) the progress being made towards the proposed goals, and

(ii) the effectiveness of the strategies developed to achieve those goals.

(2) The council must ensure that a strategic plan under this

section is

(

a) prepared in relation to the 3 fiscal years following the fiscal year in which the strategic plan is required to be prepared, and

(

b) published

(

i) before the first day of the first fiscal year in relation to which the plan is prepared, and

(ii) in a manner that can reasonably be expected to bring the strategic plan to the attention of the public.

Public reporting

(1) The council must, for each fiscal year, prepare an annual report that complies with subsection (2) (a).

(2) The council must,

(

a) in each annual report for a fiscal year,

(

i) report, in a manner that is consistent with the performance reporting principles developed by the Office of the Auditor General of British Columbia, on the goals, strategies and performance measures set by the council under

section 6 (1) for that fiscal year, indicating, with reference to the performance measures,

(

A) the progress being made towards the proposed goals, and

(

B) the effectiveness of the strategies developed to achieve those goals,

(ii) make recommendations as to how to improve the functioning of the justice and public safety sector, including, without limitation, recommendations for change in all or any part of the justice and public safety sector,

(iii) if an audit or review of any of the material intended for the report is conducted under

section 8, consider any of the findings made on that audit or review, and

(iv) provide any other information required by the minister, and

(

b) within 6 months after the end of the fiscal year for which an annual report is prepared,

(

i) provide a copy of the annual report to the minister, and

(ii) publish the annual report in a manner that can reasonably be expected to bring the annual report to the attention of the public.

Audits and reviews

8 Before completing an annual report under

section 7, the council may commission an independent audit or review of the whole or any part of the material that the council intends to include in the annual report.

Justice Summit

(1) The minister must, at least annually, convene a Justice Summit to facilitate innovation in, and collaboration across, the justice and public safety sector.

(2) The minister may invite to a Justice Summit

(

a) the Chief Justice of British Columbia, the Chief Justice of the Supreme Court and the Chief Judge of the Provincial Court and, through them, any other members or officers of their courts that they consider appropriate,

(

b) members of the council, and

(

c) any other individuals, including, without limitation, other participants in the justice and public safety sector, the minister considers to be qualified to assist in improving the performance of the justice and public safety sector.

(3) A Justice Summit may

(

a) review and consider initiatives and procedures undertaken in other jurisdictions in relation to the justice system in those jurisdictions,

(

b) provide input to the council to assist the council in creating the strategic vision referred to in

section 5,

(

c) make recommendations relating to priorities, strategies, performance measures, procedures and new initiatives related to the justice and public safety sector,

(

d) assess the progress being made in justice reform in British Columbia, and

(

e) engage in any other deliberations that the Justice Summit considers appropriate.

(4) After the conclusion of its deliberations, a Justice Summit must report to the minister on the outcome of those deliberations.

Memoranda of understanding

(1) The Attorney General and the Chief Justice of British Columbia may enter into a memorandum of understanding governing any matter relating to the administration of the Court of Appeal.

(2) The Attorney General and the Chief Justice of the Supreme Court may enter into a memorandum of understanding governing any matter relating to the administration of that court.

(3) The Attorney General and the Chief Judge of the Provincial Court may enter into a memorandum of understanding governing any matter relating to the administration of that court.

(4) Without limiting subsections (1) to (3), a memorandum under this

section may

(

a) address the respective roles and responsibilities of the parties to the memorandum in the administration of the court, and

(

b) specify how those parties are to share information, promote and measure effective court administration and report to the public.

(5) The Attorney General may publish, in a manner that can reasonably be expected to bring to the attention of the public, all or part of a memorandum entered into under this section, except to the extent the memorandum otherwise provides.

Independence not restricted

11 Nothing in this Act restricts the independence that a participant in the justice and public safety sector has at law, including, without limitation, judicial independence.

Section 5 of the Offence Act does not apply

Section 5 of the Offence Act does not apply to this Act or the regulations.

Consequential and Related Amendments

Judicial Compensation Act

Section 8 of the Judicial Compensation Act, S.B.C. 2003, c. 59 , is amended

(

a) in subsections (2), (2.1) and (3) by striking out " part time judge's " wherever it appears and substituting " senior judge's ", and

(

b) in subsection (2.1) (

a) by striking out " part time judge " and substituting " senior judge ".

Section 25 is amended by striking out " part time judge " wherever it appears and substituting " senior judge ".

Police Act

Section 40 (1) (a.1) of the Police Act , R.S.B.C. 1996, c. 367, is amended by adding the following subparagraph:

(vii) the collection, disclosure and analysis of information relating to administration, management or programs of, or related to, policing and law enforcement; .

Provincial Court Act

Section 1 of the Provincial Court Act , R.S.B.C. 1996, c. 379, is amended

(

a) in the definition of "full time judge" by striking out " part time judge; " and substituting " senior judge; ",

(

b) by adding the following

definitions:

"judicial administrative region" means an area of British Columbia that is prescribed under

section 41.1 to be a judicial administrative region;

"judicial complement" means the number of judges prescribed under

section 6.1; , and

(

c) by repealing the definition of "part time judge" and substituting the following:

"senior judge" means a judge who

(

a) was appointed under

section 6 (1) (b) (ii) or (iii) to hold office as a part time judge or is appointed under

section 6 (1) (b) (ii) or (iii) to hold office as a senior judge, or

(

b) elected under

section 9.1 (1) to hold office as a part time judge or elects under

section 9.1 (1) to hold office as a senior judge.

17 Sections 6 (1) (b) (ii) and (3) (b), 9.1 (3) and (6), 10 (4) and 17 (3) to (5) are amended by striking out " part time judge " wherever it appears and substituting " senior judge ".

18 The following

section is added:

Judicial complement

6.1

(1) The Lieutenant Governor in Council

(

a) must prescribe the factors on which the number of judges that is to constitute the judicial complement of the court is to be determined, which factors may but need not include the following:

(

i) the workload of the court;

(ii) trends in the workload;

(iii) the capacity of the existing judicial complement to address the workload;

(iv) any other factors that the Attorney General and the chief judge agree will assist in that determination,

(

b) after the factors are prescribed under paragraph (a), must, in accordance with the prescribed factors, prescribe the number of judges that is to constitute the judicial complement of the court, and

(

c) after the judicial complement is prescribed under paragraph (

b) or this paragraph, must, if under subsection (2) the Attorney General recommends a change to the judicial complement,

(

i) consider that recommendation, and

(ii) if the Lieutenant Governor in Council considers that a change to the judicial complement is appropriate, prescribe the number of judges that is to constitute the judicial complement of the court.

(2) At least once every 3 years, the Attorney General must, in accordance with the prescribed factors, review the number of judges that is to constitute the judicial complement of the court, and if, on the basis of that review, the Attorney General considers that it is appropriate that the judicial complement be changed, the Attorney General must recommend that change to the Lieutenant Governor in Council.

(3) After the judicial complement is prescribed under subsection (1), the Attorney General must publish a

summary, in a manner that can reasonably be expected to bring the

summary to the attention of the public, of the information on which the judicial complement was determined.

Section 9.1 (1) is amended by striking out " as a part time judge " and substituting " part time as a senior judge ".

Section 10 is amended

(

a) in subsection (3) by striking out " an area of British Columbia the chief judge designates. " and substituting " a judicial administrative region. ", and

(

b) by adding the following subsections:

(5) The chief judge holds office as chief judge for a term of 7 years or until the chief judge

(

a) resigns as chief judge, or

(

b) resigns or ceases to hold office as a judge under this Act.

(6) In the case of the incapacity or death of the chief judge or if the office of chief judge is otherwise vacant, the Lieutenant Governor in Council may appoint a judge to act as chief judge until the date on which a new chief judge takes office under this section.

(7) A judge appointed to act as chief judge under subsection (6) has all the powers and must perform all the duties of the chief judge.

Section 11 is repealed and the following substituted:

Powers and duties of chief judge

(1) The chief judge has the power and duty to supervise judges and justices and, without limiting that power and duty, may do one or more of the following:

(

a) designate the case or matter, or class of cases or matters, in which a judge or justice is to act;

(

b) designate the court facility where a judge or justice is to act;

(

c) assign a judge or justice to the duties the chief judge considers advisable;

(

d) establish administrative standards and procedures to which judges or justices must conform;

(

e) exercise other powers and perform other duties prescribed by the Lieutenant Governor in Council.

(2) Without limiting subsection (1), the chief judge may

(

a) revoke or change any designation or assignment made, or standard or procedure established, under subsection (1), and

(

b) monitor and enforce compliance with any designation or assignment made, or standard or procedure established, under subsection (1).

(3) The chief judge may exercise any of the powers set out in this

section whether or not a complaint has been received about one or more judges or justices.

Section 14 is amended by striking out " part time judge " wherever it appears and substituting " senior judge ".

Section 21 (2) is amended

(

a) by adding the following paragraph:

(d.1) the president of the Provincial Court Judges' Association of British Columbia or a judge nominated by the president; , and

(

b) in paragraph (

e) by striking out " a judge and ".

24 The following

section is added:

Investigations

22.1

(1) Subject to

section 25 (2), all complaints respecting a judge or justice must be directed in writing to the chief judge, who, after examining the complaint, must report in writing to the complainant and to the judge or justice.

(2) The chief judge must conduct an investigation respecting the fitness of a judge or justice to perform his or her duties if

(

a) the chief judge, whether or not a complaint has been received under subsection (1), considers that an investigation is advisable, or

(

b) the chief judge is directed by the Attorney General to conduct an investigation.

(3) After completing an investigation under subsection (2), the chief judge

(

a) may do one or both of the following:

(

i) take any corrective action that the chief judge considers necessary using the powers given to the chief judge under this Act;

(ii) order that an inquiry be held respecting the fitness of the judge or justice to perform his or her duties, and

(

b) must, if the investigation was initiated as a result of a complaint under subsection (1) or as a result of a direction of the Attorney General under subsection (2) (

b) or if an inquiry is ordered under paragraph (a) (ii) of this subsection, submit to the Attorney General a written report setting out

(

i) the nature of the investigation,

(ii) the relevant facts,

(iii) the findings, and

(iv) any corrective action taken.

(4) If, under subsection (3) (a) (ii), the chief judge orders that an inquiry be held, the chief judge must give written notice together with a copy of the report prepared under subsection (3) (

b) to the judge or justice whose fitness is the subject of the inquiry.

Section 23 (2) is amended by striking out "

section 11 (4). " and substituting "

section 22.1 (3) (b). "

Section 24 is amended

(

a) in subsection (1) by striking out "

section 11 (5) " and substituting "

section 22.1 (4) ",

(

b) in subsection (3) by striking out "

section 11 (4). " and substituting "

section 22.1 (3) (b). ", and

(

c) in subsection (5) by striking out "

section 11 (3) " and substituting "

section 22.1 (2) ".

Section 25 (1) is amended by striking out " Sections 11 " and substituting " Sections 22.1 ".

Section 27 (5) is amended

(

a) by striking out "

section 11 (3) " and substituting "

section 22.1 (2) ", and

(

b) by striking out "

section 11 (4) " and substituting "

section 22.1 (3) (a) (ii) ".

29 The following

section is added:

Judicial administrative regions

41.1 On the recommendation of the Attorney General after the Attorney General has consulted with the chief judge, the Lieutenant Governor in Council may, for the purposes of

section 10 (3), prescribe the number of judicial administrative regions and the area of British Columbia that falls within each judicial administrative region.

Supreme Court Act

Section 8 (2) and (3) of the Supreme Court Act, R.S.B.C. 1996, c. 443, is repealed.

Commencement

31 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Note

This Bill establishes a Justice and Public Safety Council, with specified planning and reporting requirements, to examine and suggest improvements to the functioning of the justice and public safety sector, as that term is defined by the Bill, to improve the functioning of the justice system in British Columbia. To assist in that endeavour,

the Bill provides a framework for memoranda of understanding, relating to administration of the courts, between the Attorney General and each of the Chief Justice of British Columbia, the Chief Justice of the Supreme Court and the Chief Judge of the Provincial Court,

for the Provincial Court, the Bill renames "part time judges" as "senior judges", clarifies the term of appointment for the chief judge, clarifies what is to happen should the office of chief judge become vacant, and clarifies the powers and duties of the chief judge, and

the Bill gives the director of police services the additional power to establish standards respecting the collection, disclosure and analysis of information relating to administration, management or programs of, or related to, policing and law enforcement.

Copyright (

c) Queen's Printer, Victoria, British Columbia, Canada