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DEPARTMENT OF THE ATTORNEY-GENERAL PROVINCE OF BRITISH COLUMBIA ANNUAL REPORT FOR THE YEAR ENDED DECEMBER… British Columbia. Legislative Assembly 1975

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 DEPARTMENT
OF THE
ATTORNEY- GENERAL
PROVINCE OF BRITISH COLUMBIA
ANNUAL REPORT
FOR THE YEAR ENDED DECEMBER 31
1974
  Colonel the Honourable Walter S. Owen, Q.C, LL.D.
Lieutenant-Governor of the Province of
British Columbia.
May it please Your Honour:
The Annual Report of the Department of the Attorney-
General of the Province for the year 1974 is herewith respectfully submitted.
ALEX. MACDONALD, Q.C.
Attorney-General
Office of the Attorney-General
March 1975.
  The Honourable Alex. Macdonald, Q.C.
A ttorney-General
Parliament Buildings
Victoria, B.C.
Dear Sir:
I have the honour to submit to you material which I
recommend comprise the first Annual Report of the Attorney-
General for the Province of British Columbia pursuant to the
provisions of section 5 of the Attorney-General Act, R.S.B.C.
1960, chapter 21.
Research indicates that section 5 first appeared in the
legislation in 1899. However, efforts have failed to reveal
a single Annual Report by any former Attorney-General.
No specific instructions were given to members of staff in
connection with the preparation of these reports. In future
years, perhaps, an Annual Report style may develop, but in
the meantime I feel it important to place no restrictions on the
reporting of events that might be of public interest. The
reader will be quick to recognize that there is no continuity
of style. Many devoted people have worked diligently
through a difficult period of change in your Department.
They record their individual accomplishments in these reports.
I would not want this opportunity to pass without saying how
much I have appreciated their loyalty, support, and tireless
energy.
All of which is respectfully submitted.
DAVID H. VICKERS
Deputy A ttorney-General
  CONTENTS
INTRODUCTION    9
GENERAL ADMINISTRATION    13
CONSTITUTIONAL AND ADMINISTRATIVE LAW    17
CIVIL LAW    21
CRIMINAL LAW    25
LEGISLATIVE COUNSEL    31
REVISION OF STATUTES    33
CORPORATE AND FINANCIAL SERVICES    35
FINANCE AND ADMINISTRATION    45
PROVINCIAL COURT OF B.C.    49
SUPREME AND COUNTY COURT REGISTRIES    51
LAND REGISTRY    55
DEPARTMENTAL INSPECTOR    59
CORRECTIONS    61
B.C. BOARD OF PAROLE    65
B.C. POLICE COMMISSION    69
JUSTICE DEVELOPMENT COMMISSION    79
PLANNING AND RESEARCH    81
COURTS    85
PRE-TRIAL SERVICES    101
INFORMATION SYSTEMS    103
DELIVERY OF LEGAL SERVICES    109
TRAINING AND EDUCATION    115
JUSTICE COUNCILS    117
CO-ORDINATED LAW ENFORCEMENT UNIT    121
OFFICE OF THE RENTALSMAN    125
B.C. LIQUOR BOARD    129
LIQUOR ADMINISTRATION BRANCH    131
LAW REFORM COMMISSION OF B.C.    137
B.C. RACING COMMISSION    139
B.C. PETROLEUM CORPORATION    143
B.C. ENERGY COMMISSION    147
  T9
THE ATTORNEY-GENERAL:  A HISTORICAL
PERSPECTIVE
Introduction by M. H. Smith
The office of the Attorney-General in this Province antedates
our entry into Confederation in 1871. In fact, a brief dip into
our historic past indicates that the appointment of the first
Attorney-General took place very early in the life of the
Colony of Vancouver's Island. The Commission of the
Imperial Crown issued in London in July 1849 gave to
Governor Richard Blanshard the authority to appoint such
persons to the Legislative Council "as shall from time to time
be named or designated." Similar powers were given subsequently to the first Governor of the Mainland Colony. One
George H. Cary was appointed Attorney-General for the
Mainland Colony on March 10, 1859, and was appointed
Acting Attorney-General for Vancouver Island sometime
during October or November 1859.
One looks in vain within the Commission of Appointment
for the duties and responsibilities which the Attorney-General
of the day was to discharge. Nor did the colonial legislation
of the day throw any light on that subject, for it was not until
1899 that the first Attorney-General's Act of the Province
spelled out his duties and responsibilities. Where then did the
first Attorney-General and his successors look to determine
their powers and responsibilities?
The common law and the constitutional law of Great Britain
provided the answer.
Because the Sovereign could not appear in his own courts
to support his interest in person, by 1770 it was recognized
that he could be represented by his Attorney, who bore the
title of His Majesty's Attorney-General. The Attorney-
General was recognized as being the leader of the Bar with
precedence over all King's Counsel but with no greater legal
rights than any other member of the Bar in that he, or any
person appointed to act for him, was required to conform
to the rules of the court with the court exercising over him
the same authority which it exercised over every other suitor
or advocate.
The Attorney-General was and is not only an officer of
the Crown but is in a real sense an officer of the public as
well. He represents the Crown in the courts in all matters
where rights of a public character come into question, for
example, charities, persons of unsound mind, and those cases
of a public nature where the use of the Attorney-General's
name is necessary to maintain an action, as in cases to abate
a public nuisance.
His role also includes that of the legal adviser to all
departments of Government and to the Cabinet.    In the
 T 10  •  introduction
exercise of this function, the Attorney-General must show a
degree of independence quite different from that required
of any other Member of the Cabinet.
In fact, in Britain in 1860 the Attorney-General was not a
Member of the Cabinet nor was he a Member of the House
of Commons. It was contended that the duties of the office
were such that the Attorney-General was required to exercise
a degree of independence that would be inconsistent with his
being a Member of the Cabinet or a Member of Parliament.
(In more recent times in Britain the Attorney-General is a
Member of the House of Commons and has in most cases,
but not all, been a Member of Cabinet.)
The same battle raged in Canada in the mid 1850's, but
the view prevailed that membership in the Cabinet was essential if the Attorney-General was to be head of an administrative department.
However, even today the role of the Attorney-General is
quite distinct from that of any other Member of Cabinet. He
is not only the head of a department and thereby is obliged
to advance the interests of his department among his Cabinet
colleagues, in caucus, and in the legislature; he must also be
able to advise Government and provide legal opinions irrespective of the political implications and independent of the
political consequences that might flow therefrom, either to
his department or to the Government generally.
McRuer makes the point in his Royal Commission on Civil
Rights of Ontario when he states:
"Notwithstanding that this is so, (i.e. the Attorney-General be a
member of Cabinet), the Attorney-General must of necessity occupy
a different position politically from all other Ministers of the Crown.
As the Queen's Attorney he occupies an office of judicial attributes
and in that office he is responsible to the Queen and not responsible
to the Government. He must decide when to prosecute, when to
discontinue a prosecution. In making such decisions, he is not under
the jurisdiction of the Cabinet, nor should such decisions be influenced
by political considerations. They are decisions made as the Queen's
Attorney not as a Member of the Government of the day. The duty
of the Attorney-General to give legal advice on legislation and to
advise departments of Government, requires a lesser degree of
independence than his decision to prosecute or to discontinue a
prosecution. In that capacity he is not in the same sense the advisor
to the Queen. Nevertheless, this function requires a substantial
degree of independence. The members of the public must be dependent
on the vigilance of the Attorney-General for their protection against
legislative invasion of civil rights. Departments of Government must
realize that in advising on legislation and advising departments, the
Attorney-General has a duty that transcends Government policy, in
the performance of which he is responsible only to the legislature."
By far the most important responsibility of the Attorney-
General is in respect to the administration of justice in the
broadest sense of the word.
On the criminal side, the Attorney-General's responsibility includes policing and law enforcement and the adminis-
 Til   •  introduction
tration of criminal law, including the conduct of prosecutions;
the constitution, maintenance, and organization of the courts
(not only the actual physical facilities but also the rules of
civil procedure) and all that is necessary for the smooth
running of our judicial system. Also, his responsibilities
include the whole area of corrections, correctional institutions,
probation, and the related services of Sheriffs and Court
Reporters.
On the civil side, mention has already been made of the
Attorney-General's specific responsibilities both in representing the Crown and in representing the public. In addition, he
also is responsible for ensuring that the civil justice system is
organized, maintained, and efficiently operated.
Such were the kinds of matters that Mr. Cary would soon have
discovered that by law or usage were the powers and duties
entrusted to him as first Attorney-General of the Colonies of
Vancouver's Island and British Columbia.
British Columbia, as a united colony, entered Confederation
in 1871.    It is significant to note that of the 16 heads of
exclusive jurisdiction assigned to the Province under section
92 of the British North America Act, no less than four will
fall squarely on the Attorney-General of the Province for
implementation. These are:
6    The  establishment,   maintenance,   and  management   of
public and reformatory prisons for the Province
11    The incorporation of companies with Provincial objects
14 The administration of justice in the Province, including
the constitution and maintenance and organization of
Provincial courts, both civil and criminal jurisdiction, and
including procedure in civil matters in those courts
15 The imposition of punishment by fine, penalty, or imprisonment for enforcing any law of the Province.
Two others are also of direct concern:
13    Property and civil rights within the Province
4    The establishment and tenure of Provincial offices and
the appointment and payment of Provincial officers.
It is not surprising, therefore, that the first Attorney-General's
Act of the Province of 1899 called for the establishment of a
department of the Civil Service of British Columbia to be
called the Department of the Attorney-General. Section 3
of the Act went on to set out for the first time, in statutory
form, the duties and responsibilities of the Attorney-General,
to which reference has already been made.
What follows in this Annual Report is an indication as to
how these large responsibilities are translated into the administrative structures within the Department of the Attorney-
General.
  T 13
GENERAL ADMINISTRATION
Associate Deputy Attorney-General: A. L. Pearson, Q.C.
HEADQUARTERS
The Headquarters General Administration Division of the
Attorney-General's Department has always been the nucleus
of the Department. Formed around and constituting the
basic support staff for the Attorney-General and his Deputy,
it has traditionally provided the legal, financial, research,
secretarial, and clerical assistance necessary to enable them
to perform their otherwise impossible tasks of administering
justice for the whole Province and providing legal advice
for all departments of the Provincial Government. Over the
past 40 years the numbers of that staff have grown from 12,
including two solicitors, to a staff of 112, including 31 solicitors, and it is still growing.
The Headquarters Division is now divided into eight main
sections: Civil Law, Constitutional and Administrative Law,
Corporate and Financial Law, Criminal Law, Finances and
Personnel, General Administration, Legislative Drafting, and
Statute Law Revision. These designations indicate in a
general way the nature of the matters dealt with in each
section.
As one would expect, Headquarters is the repository of the
main records of the Department pertaining to each of the
sections above referred to and including, additionally, civil
litigation affecting the Crown, Coroners' investigations, and
policing of the Province.
Nineteen seventy-four was a particularly trying and difficult
year for the Department's Headquarters General Administration staff due, in the main, to enforced fragmentation and
decentralization of offices into inadequate office accommodation. However, plans are being made to ensure that adequate
office space will be provided in the near future. In the meantime, notwithstanding continuing conditions of fragmentation
and inadequate accommodation, the staff has adjusted to the
situation and is coping effectively in spite of a substantially
increased work load resulting from considerable Departmental
expansion during the year.
FIRE MARSHAL'S OFFICE
The Fire Marshal for British Columbia has published an
annual report each year for the last 50 years outlining the
activities of his office and providing statistical information on
fire deaths and fire losses for the Province. He will continue
that practice and will file a report for the year 1974. His
separate annual report should be consulted for a more detailed
account.
 T 14  •  general administration
At the beginning of the year, some useful amendments to
the regulation respecting moving-picture theatres, kinemato-
graphs, and projectionists, and the storage and use of nitrocellulose X-ray films came into use which modernized those
regulations making them more consistent with today's requirements.
In the month of June the Provincial Legislature made
amendments to the Fire Marshal Act, improving its enforceability and updating the terminology and references consistent
with present-day building requirements.
fire services In the month of September the Canadian Fire Investigation
survey School (Western) was held for the first time in British Columbia, at Parksville, with 100 candidates in attendance representing police, fire, and local authorities from across Canada.
At that meeting the Attorney-General announced the appointment of Dr. Hugh Keenleyside as Consultant to survey fire-
fighting services in the Province. The survey is to consider
the needs of all fire services, full time, part paid, part volunteer, and the volunteer brigades. Some of the matters to be
dealt with are the following:
1 Standards of service excellence to be set
2 Better training programs and facilities beyond the present
travelling instructional units
3 Upgrading of the status of the Provincial Fire Marshal's
office and the question of establishing district offices in a
number of the Interior points of the Province
4 Improved assistance to local fire forces, particularly those
municipal forces with few or no paid officers
5 The need to extend fire-protection services to areas of the
Province where, at present, the local RCMP officer constitutes
the fire brigade
6 Following from the last point, the desirability of freeing
police officers from fire-fighting duties
7 Considering more uniform protection and inspection services throughout the Province and, in particular, upgrading
protection in the unorganized territories
8 Considering the question of distinctive uniforms and
equipment.
Fire-fighting services in the Province anticipate that the results
of Dr. Keenleyside's study will bring about constructive
improvements in the foreseeable future.
CORONERS
During the year 1974 the interests of the public in the
investigation of accidental, sudden, and unnatural deaths
were diligently protected by some 166 Coroners throughout
the Province. Of that number, 44 were doctors, 15 were
lawyers, and 107 were laymen. Sixty-four of them also held
appointments as Judges of the Provincial Court of British
Columbia.
 T 15  • general administration
Approximately 353 inquests were conducted during 1974
and 3,786 Coroners' inquiries without the use of a jury. The
cost to the Province of these investigations was approximately
$225,000. Additionally, several hundred deaths were reported to the Coroners in connection with which a Coroner's
investigation was deemed unnecessary.
The Coroners make reports to the Attorney-General in
respect of all deaths investigated by them and those reports,
after being checked and specific recommendations carefully
considered, are retained on permanent deposit for future
reference.
Formerly, each municipality in the Province was responsible for the cost of Coroner's investigations of deaths occurring within the municipal boundaries. However, by reason
of new legislation enacted by the Provincial Legislature in
April of 1974, the Province assumed full responsibility for
such costs. The new legislation also provides for the appointment of District Coroners with powers of general supervision
of Coroners within the district for which they are designated.
With the division of the Province in 1974 into nine
regional judicial districts and the appointment of Regional
Crown Counsel for each district, there is now a greater availability of counsel to assist the Coroners in conducting some of
the more difficult and involved inquests.
During 1974 the Attorney-General caused a committee to be
formed consisting of a representative of his Department, the
Supervising Coroner, five senior Coroners, and a number of
pathologists to review the Coroners' system in the Province
with the object of considering its effectiveness and future
development. The work of that committee is continuing,
and it is anticipated that some improvements will be implemented in 1975.
MOTION PICTURE CLASSIFICATION
The Motion Pictures Act requires that the Director of Film
Classification and his assistants examine all pictures that are
intended for viewing by the public for the purpose of approving and classifying them. There are three classifications—
general, mature, and restricted. The advertising material
connected with these pictures must also be examined for
approval. In practice the classifications are often augmented
with informative warning captions as a further indication to
the public of certain factors they should pay attention to
before making a choice of their entertainment. Occasionally
some pictures are found unsuitable and are not approved
under the present system of classification.
More than 1,100 pictures were examined in 1974. This
number includes both 35-mm and 16-mm film. Fourteen
pictures were not approved (rejected). During 1974, no
pictures were seized and no prosecutions were initiated under
 T 16  • general administration
the Criminal Code as in some previous years. The Director
was called as a witness in several cases where the exhibitor
was charged under the Criminal Code, but these were in
actions already before the courts.
For many years this office has ordered the use of special
filmstrips to be attached to trailers of restricted pictures.
Recently it was observed that the negatives used to print
these strips had become worn. A new filmstrip is being
produced.
The Director is now the senior among his compeers across
Canada and he would like to see re-established the custom,
which has fallen into disuse, of holding conferences. These
conferences are valuable in maintaining good communication
among the various Boards of Classification.
The Director believes firmly that the informative function
of classification provides the public with an excellent service
when they are faced with a choice of motion-picture entertainment. Thus, every effort is made to widen the area of information and to maintain it. For example, a pamphlet has been
produced to answer any questions that may arise and a special
leaflet is available in theatres for the same purpose. As in
previous years this office is often called upon to supply
speakers to schools, colleges, universities, and service clubs.
Occasionally, appearances are made on radio and television
programs. These efforts are made in the interests of keeping
the public as well informed as possible.
 T 17
CONSTITUTIONAL AND ADMINISTRATIVE LAW
Director: M. H. Smith
introduction The functions performed by this Section of the Department
relate directly to at least three of the duties and powers of
the Attorney-General as set out in section 3 of the Attorney-
General Act. The duty to "advise . . . the several departments of the Government upon all matters of law," the duty
to have "the regulation and conduct of all litigation for or
against the Crown or any public department," and to see
"that the administration of public affairs is in accordance with
the law" are functions discharged in part by the work of this
Section.
functions     1    Constitutional Law
The lawyers in this Section advise on all matters of constitutional law that arise both within the Department and in other
departments of Government. Advice of this kind usually
concerns the constitutional validity of Provincial or Federal
legislation, within the context of section 91 or 92 of the
British North America Act, but may also raise legal issues
of many kinds that have a decidedly historical perspective.
A few examples of opinions given during the past year include
the constitutional and other legal aspects relating to Provincial
prohibition of foreign ownership of land, the constitutional
jurisdiction of the Province to pass pollution control legislation, the constitutional validity of Federal mutual fund
proposals, aboriginal rights and the application of Provincial
statutes to Indians, the constitutional and historic arguments
in support of a Federal subsidy for B.C. Ferries operations,
and the ownership of the beds of Georgia and Juan de Fuca
Straits.
The Constitutional Questions Determination Act requires
that the Attorney-General be notified of all court proceedings
in the Province in which the constitutional validity of Provincial legislation or regulations are questioned. Similar notice
requirements apply under the Supreme Court Act (Canada)
in respect of cases to be heard by the Supreme Court of
Canada. In all such cases it is the function of this Section
of the Department to examine the legal issues and to recommend to the Attorney-General in each case whether or not
he should intervene. If the Attorney-General intervenes,
then Counsel is appointed by a member of the Section who
also usually assists counsel in the preparation of the case
and oftentimes acts as counsel in the case as well. Although
during the past year there have been several cases at the
Supreme Court of Canada level in which the Attorney-
General has intervened, perhaps the most significant case is
Morgan v. PEI where the constitutional validity of provincial
legislation in Prince Edward Island limiting the ownership of
land by persons nonresident in that province is being chal-
 T 18   •  constitutional and administrative law
lenged. The factum and the preparation of the case is being
undertaken within this Section and it is expected that the
Deputy Attorney-General will appear as counsel on behalf
of the Province at the hearing in the spring of 1975. Moreover, during the past year the Attorney-General has intervened several times in cases before the Supreme Court of
British Columbia to support such Provincial legislation as
the securities regulations under the Securities Act, certain of
the provisions of the Bills of Sale Act and the Conditional
Sales Act, and several cases challenging the application of
Provincial wildlife legislation to Indians. This Section of the
Department represented the Attorney-General in cases before
the Federal Court of Canada in which important constitutional questions were raised, such as the jurisdiction of the
Parliament of Canada in labour matters in the fisheries
industry.
The above cases are of a kind in which the Attorney-
General is not actually a party to the proceedings but, because
he has an interest in maintaining the validity of Provincial
legislation, is permitted to be added as an intervenant. There
is another kind of case, namely, the declaratory action where
a plaintiff sues the Attorney-General directly and seeks a
declaration that legislation is ultra vires. The most notable
case in this category over the past year is the action of 37
private insurers to have the Government Auto Insurance
legislation declared to be beyond the powers of the Province.
The trial lasted seven weeks before Mr. Justice Aikins of the
Supreme Court of British Columbia, and the Director of the
Section assisted Senior Counsel in the preparation for trial
extending over a period of some months and in acting as
counsel during the trial. On November 18, 1974, His Lordship, Mr. Justice Aikins, in a 145-page judgment, dismissed
the plaintiffs' action.
Another function the Section performs is to furnish
advice, usually upon request of the Premier's office or the
Provincial Secretary's office, on the implications to the Province and to Provincial legislation of treaties and other international obligations not yet implemented by Canada. In a
somewhat related area, the Department of Justice seeks a
Provincial response through this Section to international conventions and other matters emanating from the Hague Conference on Private International Law, UNIDROIT, and
UN agencies.
The Section endeavours to scrutinize pending and proposed legislation before Parliament which may be of questionable constitutional validity or which may warrant Provincial
representations being made. One such case in the latter
category within the past year involved the preparation of a
Provincial submission on the Law of the Sea to the House of
Commons Committee on External Affairs and National
Defence. Another example recently referred to the Attorney-
 T 19  •  constitutional and administrative law
General by the Standing Senate Committee on Transport and
Communications seeks the Province's view on a Bill presently
before the Senate which would establish an aircraft central
registry.
2    Administrative Law
There are a great many statutory agencies and tribunals of
varying degrees of formality, expertise, and independence
which have need for legal services. This Section attempts to
meet some of those needs in the area of administrative procedures and problems that may arise, and also to act as or
arrange for the appointment of, counsel to represent such
agencies. Although the highly developed administrative
boards or agencies such as the Labour Relations Board, the
Workers' Compensation Board, and the British Columbia
Energy Commission have to some degree their legal needs
adequately provided for, the majority of the administrative
boards and tribunals in the Province are not so well blessed
and function with a minimum of legal assistance.
As to be expected, actions of administrative boards are,
from time to time, sought to be brought into judicial question
by way of appeal to the courts, if the particular statute so
provides, or by way of applications for prerogative writs. All
applications for prerogative writs are required to be served
upon the Attorney-General, and this Section handles such
cases, other than prerogative writs in criminal matters, by
taking appropriate steps, including the appointment of counsel and assisting in the preparation of the cases. Some
examples handled in the past year include applications for
prerogative writs against the Motor Carrier Commission,
Superintendent of Insurance, Medical Appeal Board, and
municipal authorities.
There are matters that come before Federal boards and
commissions in which the Provincial Government is likely
to have a direct interest. Therefore, the practice of such
boards and commissions is to notify the Attorney-General of
the Province. Examples include applications for rail abandonment before the Railway Transport Committee of the
Canadian Transport Commission, applications for licences
before the Canadian Radio and Television Commission, applications for rate increases in interprovincial pipe-line undertakings before the National Energy Board, applications before
the International Joint Commission, and applications for rate
increases to the Canadian Transport Commission in the case
of telephone services.
In all such cases, these matters are directed to this Section
for appropriate action. In some it involves appointing counsel to intervene on behalf of the Province and assisting counsel
in preparations. One example is the case of the B.C. Telephone Company for a rate increase. In other cases, before
a decision is reached by the Attorney-General or the appropriate Minister to intervene, multidepartmental input by those
 T 20  ■  constitutional and administrative law
departments affected takes place and a submission and recommendation to the Attorney-General or appropriate Minister
put forward.
In some cases the Provincial intervention is prepared and
filed by the lawyers within the Section who also appear as
counsel at the hearing, as in the case of the hearing of the
Railway Transport Committee commencing in Salmon Arm
on January 20, 1975, on the application of the CPR to
provide double tracking on a portion of its main line.
3    Federal-Provincial
The functions performed by this Section in this area are of
an evolving nature. Prior to August 9, 1974, the Director of
this Section assisted the office of the Premier in matters of
Federal-Provincial relations. This involved seeing to the
preparation of Provincial position papers on most of the subjects discussed at Federal-Provincial meetings of First Ministers, attendance at preparatory meetings of officials for such
conferences, providing liaison with other Governments on
substantive issues, and preparing the necessary briefing
material and sometimes being involved in administrative
arrangements. Apart from meetings, tasks included providing
advice on day-to-day matters in this general area. Since the
establishment of the office and organization of the Planning
Adviser to Cabinet in August 1974, many of these functions
have been assumed by that office. However, it is readily
apparent that there is a continuing need to provide legal
advice to that office on a wide range of Federal-Provincial
subjects, and this Section of the Department has, over the
past few months, been involved in matters of that kind.
 T21   •
CIVIL LAW
Director: Gerald H. Cross, Q.C.
The Civil Law side of the Attorney-General's Department has,
during 1974, become an organization quite different from
what it was just two years previously. The Government
departments in British Columbia have, in most instances,
expanded their scope, and therefore their personnel, to a
marked degree during a relatively brief period of time. In
addition, two departments have been added—Consumer Services and Housing. These developments have required the
expansion of legal services, requiring the acquisition and
utilization of legal skills not before required in public service,
and places increasing responsibility on lawyers in this Department.
This increased responsibility, placed as it must be, in
many cases, on the impatient and willing shoulders of lawyers
quite recently called to the Bar, has proven to be a welcome
challenge. For those others who are new to Government
service but somewhat seasoned by longer experience in a
demanding profession, it has been an inspiring surprise.
More first-class people are attracted to this area than ever
before. This is partially attributable to a basic change in the
curriculi of various law schools and to the growth of our
Provincial community, but is also in good part because of
the broader scope and quickened pace of Government legal
work.
Another factor that cannot be overlooked and which has
contributed to Civil Law's new drawing power in the legal
community is some improvement in remuneration, particularly for those at the start of their careers. Still more flexibility, however, is needed in this respect in order to enable
the Department to attract experienced specialists as required.
Whereas the Civil Law side of the Department comprised
six lawyers, including the Director, and four secretaries as
recently as 1972, it now comprises 14 lawyers, including the
Director, 11 secretaries, and one clerk performing duties of
a para-legal nature. In addition there are vacancies for three
lawyers at present, with requests from other departments for
at least five more.
Some of the lawyers on the Civil Law side, five in number,
have their offices at the headquarters of the Department and
divide among themselves the responsibility for advising all of
those Government departments, boards, and tribunals that do
not have available the services of a seconded lawyer or lawyers. The remainder, being nine in all during the latter part
of 1974, are seconded to and have their offices at the headquarters of one of the following departments: Consumer Services (2), Highways, Human Resources, Labour, Mines and
Petroleum Resources, Water Resources, and Housing.  Two
 T 22  •  civil law
of the seconded legal officers are legal advisers to more than
one department.
Thus, the expansion has brought about a change in the
framework within which legal services are supplied to Government. Formerly, the Civil side was a self-contained unit
made up of lawyers, all but two of whom were located at
headquarters of the Department, each of them advising any
number of departments and functioning in various legal fields
as required from day to day. Those five who remain at
Departmental headquarters continue to function in this
manner. However, a considerable degree of specialization
has been introduced by the addition of those seconded to
other departments in the sense that they deal with the legal
problems of and give advice to a particular segment of
Government. A survey was made by the Director, Civil Law,
together with the Director, Constitutional and Administrative
Law, and lawyers from each of those divisions late in the
year in an attempt to ascertain the views of others in Government service as to the role lawyers should have in Government. One result of this survey may be some reorganization
of the Department in order to expand their legislative function
to provide more Government-wide co-ordination between
operational or regulatory departments and agencies, and to
make more effective utilization of lawyers by some functional
grouping.
The actual day-to-day tasks undertaken by the Civil Law
side of the Department include the formulation and initial
drafting of legislation and of regulations, including Orders in
Council, the examination of all proposed Orders in Council,
the drafting of contracts and advising on contractual arrangements, the interpretation of legislative provisions and advising
on the application thereof, providing legal services required
with regard to foreclosure proceedings where Government
mortgages are involved, the engagement and instruction of
counsel for litigation and other hearings involving Government departments or agencies, participation of counsel in
hearings before the Pollution Control Board and the Director
of Pollution Control, conveyancing of land, advising on and
participating in arbitration proceedings, and acting on behalf
of the Government in negotiations, financial and otherwise.
There are, of course, other tasks that are not amenable to
categorization.
Because of the expansion previously mentioned and the
deficiency in the number of lawyers available to fulfil all
Departmental requirements, very little time has been given
during this year to continuing legal education. There are a
great number of valuable courses and seminars given in the
Province every year and Government lawyers should be in
attendance. A program in this regard will be formulated in
the future. The members of the Department on the Civil Law
side make every attempt to keep up to date by studying
 T 23   •  civil law
various legal periodicals and by reading reports on decided
cases. However, the type of discussion available in continuing legal education courses and seminars would be valuable.
Each lawyer in the Department has also been participating in the training of law students who have been articled to
one or other of the senior officers.
The actions in which the Civil Law side of the Government has been involved, directly or indirectly, during 1974,
total approximately 1,200.
The abolition of the requirement of obtaining a fiat before
taking action against the Crown has resulted in very little,
if any, increase in litigation. This is probably because actions
taken against the Crown under the new legislation are those
that, in the past, would have been taken against employees
of the Crown who were represented by counsel engaged by
the Crown. Of perhaps greater significance in this regard is
the application of the new Interpretation Act which, unlike
its predecessor, does not exclude the Crown from the application of other statutes. Except where expressly exempted,
the Crown and its agencies now have all of the statutory
obligations incumbent upon others. This will very probably
lead to an increase in litigation and, in any event, will require
a marked increase in the need for legal services.
  T25   •
CRIMINAL LAW
Director: Neil A. McDiarmid, Q.C.
The changes in the office of the Director of Criminal Law over
the past two years have been considerable. In 1972 the Director, with two Legal Officers, an Administrative Assistant, and
a Clerk 4 were responsible for the administration of criminal
justice throughout the Province and for giving instructions to
some 225 ad hoc legal counsel appointed from time to time
to do the criminal work arising out of prosecutions at all
court levels. In April of 1974, with the assumption of responsibility for all prosecutions in the Province by the Provincial
Government, the office of the Director increased by two Legal
Officers and increased in total staff by a further 77 lawyers
which were taken on as part of the prosecution team connected with Regional Crown Counsel. In statistical terms this
means that from a staff of three in 1972 giving advice to a
number of ad hoc Crown Counsel, the office of the Director
of Criminal Law has grown to five lawyers, an Administrative
Assistant, and 77 prosecutors.
The work of the Director consists of responsibility in
two major areas—firstly, the general administrative functions
of the headquarter staff concerned with the general administration of criminal justice in the Province and, secondly,
responsibility for the operation of the Regional Crown Counsel system throughout the Province.
functions      In terms of over-all Departmental responsibilities, the Director and his staff are responsible:
1 For the general administration of criminal justice in the
Province
2 For giving advice and instructions to the police in connection with investigations throughout the Province
3 As a member of and giving advice to the Board of Directors of the Native Courtworkers and Counselling Association
of British Columbia
4 For Departmental responsibility for the Criminal Injuries
Compensation Act
5 For the development of policy in connection with the
Certificate Program for the collection of criminal fines by civil
process. This program, supervised by the Director of Criminal Law, will develop the mechanics of providing a system
for the collection of fines under the Certificate Program
spelled out in the Summary Convictions Act amendments. It
is hoped that a workable scheme will be in operation on or
before April 1, 1975.
Another major function of the office of the Director of Criminal Law is to provide representation to the following organizations and bodies:
 T 26  •  criminal law
1 Co-ordinated Law Enforcement Unit
The Director and his staff provide counsel for the prosecution of persons arising from investigations initiated by CLEU.
This staff will be situated in the office of Regional Crown
Counsel, Region 2. It is hoped that two lawyers will be
engaged full time in such work in the very near future. It is
obvious that further appointments will need to be made and
the work load will determine the numbers that will be
required.
2 Forensic Psychiatric Service Commission
The administration of criminal justice involves itself with persons who are mentally ill within the criminal law, that is,
persons who are not fit to stand trial and those persons who
were insane at the time of the commission of the offence,
including those persons who are or became mentally ill during
the course of proceedings or in the course of remand. Procedures whereby persons who have psychiatric problems may
be more justly dealt with is both the concern of the Commission and of the Attorney-General's Department. These procedures help to ensure that a mentally ill person rather than
becoming involved in the commission of an offence warranting
prosecution is channeled into the civil mental health process.
3 Commissioners of the Uniform Law Conference
of Canada
This body represents the Departments of Attorneys-General
across Canada, including the Federal Minister of Justice and
his staff. In so far as criminal justice is concerned, it provides
a forum for the discussion and possible implementation of
amendments to the criminal law of Canada and provides
the provinces with a means of bringing to the attention of
the Federal authorities issues to be considered in such
amendments.
4 Motor-vehicle Branch, Department of Transport
and Communications
Although the Motor-vehicle Branch of the Department of
Transport and Communications no longer functions within
the framework of the Department of the Attorney-General,
the regulatory and semi-prosecutorial functions of the Motor-
vehicle Branch have caused there to be maintained a high
degree of communication and assistance rendered by the
Criminal Law Section of the Department of the Attorney-
General.
5 Justice Development Commission
The major concern of the offices of the Director of Criminal
Law with the JDC is one of communication, of having some
input into research and planning. Other concerns relate to
Regional Crown Counsel as stated later in this Report. The
ability to communicate and to have direct dialogue among the
various sections of the justice system has been greatly enhanced by a clearer understanding of all persons in the system
of the need for such communication.
 T 27   •  criminal law
6 Order in Council Patient Review Board
The Review Board relates to persons who have been found
not guilty on account of insanity and require some orderly
pattern for their return to society. The Board is headed by
District Provincial Court Judge Harold S. Keenlyside with
two psychiatrists as the other two Board members. The Department, through the Administrative Assistant, is responsible
for seeing to the preparation of the necessary Orders in Council that govern the mentally ill person's re-establishment in
society.
7 Lottery Commission
The Lottery Commission was recently taken into the Department of the Provincial Secretary, and the Director has provided legal counsel and legal service to the Commission on all
matters relating to lotteries and their implementation. This
also involves the provisions of terms and conditions for social
clubs which have recently been implemented.
In addition to these specific areas of responsibility, the Director and his staff are responsible for providing advice to all
departments of Government in connection with prosecutions
and providing counsel for such prosecutions, whether through
the office of Regional Crown Counsel or by the appointment
of ad hoc counsel.
The Director and his staff are involved in taking part in
creating lines of communication with all aspects of the justice
system. This involves meetings with Regional Court Administrators, Regional Sheriffs, and Regional Court Reporters.
It also means creating a proper atmosphere within which
these meetings can take place so that communication and
understanding of each other's problems are understood and
resolved.
In terms of present responsibilities, the Director and his
staff have been deeply involved in the creation and development of the Regional Crown Counsel offices throughout the
Province.
crown     On April 1, 1974, the Province was effectively divided into
counsel     mne Justice regions.    For the purposes of Crown Counsel,
some of the regions were subdivided.
The first meeting of the Regional Crown Counsel with the
Director of Criminal Law was held on March 29, 1974, and
since then meetings have been held on a regular basis.
With the assumption, on April 1, of the responsibility for
providing Crown Counsel in every court in the Province, the
following basic objective was established:
"That an accused be brought to trial as expeditiously and
fairly as possible."
Stated in another way, Crown Counsel have advised all persons in the justice system that a prosecutor will be provided
whenever and wherever required to assist in the prosecution
of a case.   This means that there should be no delay occa-
 T 28   •  criminal law
sioned by the lack of a prosecutor in bringing an accused
person to trial.  To date this commitment has been honoured.
During the period from April 1 to the date of this Report,
not only has the number of Regional Crown Counsel been
increased but the recruitment of local prosecutors has been
undertaken to add to the local prosecution staffs. The long-
term objective of recruitment is to reduce the need for police
prosecutors and to free policemen for other duties.
Recruitment was difficult because of salary constraints
and because people were less prepared to serve in certain
regions. Salary constraints have been reduced and attempts
are being made to encourage qualified lawyers to serve in the
remoter areas of the Province.
programs During the brief existence of the office of the Regional Crown
Counsel, a number of programs and pilot programs have been
instituted to ensure a better prosecuting service. These
include:
1 A new Crown Brief to replace the Case Summary Report
has been drafted. This will be used by the various police
forces throughout the Province and sets out certain specific
details, including a statement and other related material. The
Crown Brief will greatly assist Crown Counsel in preparing
for a particular prosecution. This brief was first used on an
experimental basis and is now in use by the RCMP throughout
the Province.
2 In the Burnaby area a unified "information sheet" to
provide a better statistical base of court work loads is being
set up on a test basis. This form combines the "charge sheet,"
setting out the particulars of the charges laid against the
accused, with a statistical form.
3 A witness management planning project is being undertaken in order to develop a proper witness scheduling procedure which will minimize the inconvenience to witnesses,
particularly the time spent in waiting for court appearances.
4 A Manual for Crown Counsel is being developed by members of the Bar who have had extensive experience as Crown
Counsel. Preliminary work has been completed and it is
expected in the early part of 1975 the manual will be available
for use by all Crown Counsel in the Province.
5 Plans are being made for a yearly seminar to be held in
conjunction with the Law Faculty of the University of British
Columbia. The purpose of the seminar is to bring to the attention of prosecutors advances in the criminal law and those
areas of administrative law and constitutional law that relate
to their work in order that Crown Counsel may better carry
out their function as representatives of the Crown.
With the development of the Regional Crown Counsel concept and the appointment of permanent local prosecutors, it
should be made clear that the intention is not to do away with
the ad hoc appointment of counsel from the Bar.    It is im-
 T 29   •  criminal law
portant that the opportunity to acquire counsel experience be
available to lawyers in general. This also tends to bring a fresh
outlook to the prosecuting services and the functions and
responsibilities of Crown Counsel.
Regional Crown Counsel concepts and the development of
these services will be closely co-ordinated with the developments occurring in the areas of Sheriffs' Services, Court Administration, Court Reporters, and Facilities. The efforts of
Crown Counsel will be assessed in light of changing demands
for their services and changes in law and court procedure.
  T31
LEGISLATIVE COUNSEL
Legislative Counsel: G. A. Higenbottam
The functions and purposes of the office of the Legislative
Counsel are as follows:
1 To receive instructions for legislation from all departments of Government, to research and investigate all aspects
of the proposed legislation, to discuss with departmental officials the proposed legislation in all its final stages, and to draft
and revise the legislation to its final stages
2 To type and record draft legislation in all its stages, arrange the legislation for printing, and co-ordinate with printing processes of the Queen's Printer
3 To prepare and revise indices to the printed volumes of
the statutes, to prepare and revise the looseleaf consolidation
of the statutes, to prepare tables of contents and tables of
proclaimed statutes, and to arrange for printing and co-ordinate with printing processes of the Queen's Printer
4 To maintain and update a library of Federal, Provincial,
and English statutes
5 To advise all departments of Government respecting prospective legislation or regulations and give opinions on legal
matters arising out of legislation or regulations
6 To act as Registrar of Regulations under the Regulations
Act, to advise on the form and procedure of regulations, to
accept regulations for filing and publication, and to arrange
printing by the Queen's Printer
7 To provide to members of the public information respecting the statutes and the regulations
8 To advise the Government and Members of the Legislature on the form of Bills and legislative procedure in respect
of public Bills
9 To inquire into, study, and research reports of various
Law Reform Commissions, reports of Legislative Committees,
and the legislation produced by Canada and the other provinces and other states, and make recommendations for improvement in the legislation.
During the year 1974 the Legislature had one continuous
sitting which began on January 31, 1974, and, after two adjournments, ended on November 26, 1974. During that
period approximately 115 Bills, all drafted by this office, were
enacted. A further 25 Bills were in various stages of preparation. The Registrar of Regulations received for filing approximately 850 regulations and prepared for publication and
printing 26 issues of The British Columbia Gazette—Part II.
As the drafting of legislation is a very specialized branch
of law, the difficulty of securing and retaining experienced
legislative draftsmen is a constant problem. The objective of
the Department to provide high-quality legislation for the
Government demands the maintenance of a corps of experienced draftsmen given adequate facilities and time to do the
job properly. Present quarters are cramped and inefficient
and it is expected that this situation will be improved.
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 T 33
REVISION OF STATUTES
Associate Deputy Attorney-General: Gilbert D. Kennedy
The Attorney-General is responsible not only for the drafting
of legislation presented to the Legislature but also lor its
revision into an up-to-date and intelligible form. These revisions of the public general statutes or laws enacted by the
Legislature have occurred in the past in 1871, 1877, 1888,
1897, 1911, 1924, 1936, 1948, and 1960. Each revision
replaces the public general statutes enacted before it and
usually makes reference to earlier statutes unnecessary. (Statute regulations have not yet been revised.)
With various amendments over a number of years following a revision, the statutes become awkward to use, occasionally contradictory, and the law itself difficult to find. In most
cases the revisions of the past have been simply consolidations
in up-to-date form without any attempt at uniformity or
simplicity of language, resolution of absurdities, and without
any attempt at making the statutes comprehensible to the
general public.
A new revision is now under way. A number of preliminary matters have been completed.
The Canadian Bar Association has appointed a special
Statutes Revision Committee; meetings and correspondence
have set guidelines for assistance and comment on present
Acts and on draft revised Acts, using not only the committee
but sections of the Bar.
It is proposed that the Acts be revised by groups of related
matters. Lists of Acts in each group have gone to the Committee.
A terminal in the Statutes Revision office has been connected to a computer data base of the British Columbia statutes to year-end 1973. The data base is presently being
amended to incorporate the statutes for the 1974 session.
The program needs a few adjustments to simplify use, but is
otherwise working well.
Drafting rules have been tentatively determined.
The new Interpretation Act has been revised; work has
progressed to the first two groups of Acts. No revision is final
at this stage.
"Revision" includes translation from "legalese" into English, as well as substantive changes. Those beyond the terms
of reference in the Revised Statutes Act will be submitted to
departments for enactment by the Legislature prior to completion of the revision. An attempt will be made to bring
together in one place provisions dealing with the same subject.
For example, the jurisdiction of local judges of the Supreme
Court should not be scattered throughout the statutes, but
found in one place. Where possible, historical notes will include a reference back to an older Act where the present new
Act does not provide historical references.    Long sections
 T 34  • revision of statutes
will be broken up as frequently as possible, with a goal of
no section to exceed 10 lines.
The usefulness of the computerized data base cannot be overemphasized. A new one will be built for the revised Acts, to
be begun after one or more groups of statutes are ready.
When the revision is complete and approved by the Committee
of the Legislature, the new data base will be used to print the
revision.
 T35
CORPORATE AND FINANCIAL SERVICES
Associate Deputy Attorney-General:  Dennis Sheppard
HEADQUARTERS
In March of 1974, Attorney-General Alex. Macdonald announced the formation of the Corporate and Financial Services Division. The new Division was to bring under one
roof all the branches of the Attorney-General's Department
which dealt with the commercial sector of British Columbia
as well as financial branches which were the responsibilities
of the Department. These branches are the Real Estate and
Insurance Branch, Securities Branch, Companies Branch,
Credit Unions and Co-operatives Branch, and the Public
Trustee. The Division is also charged with responsibility for
the Official Administrators in the Province.
objectives     The Division has set the following as its objectives:
1 To protect the public interest in such areas as securities
and investment contracts; insurance; real estate and mortgage
brokers; corporate organizations, including credit unions and
co-operatives; and partnerships and proprietorships
2 To provide a central registry of filed public information
such as office addresses, types of organizations, directors,
office addresses, types of organizations, directors, officers,
promoters, vendors, licensees, and encumbrances pertaining
to businesses that are either selling securities in or operating
in British Columbia
3 To provide for the incorporation of companies, societies,
credit unions, and co-operatives
4 To provide for the registration of partnerships, proprietorships, and extra-provincial companies
5 To assist the sound economic development of the Province
by implementing points 2 to 4 as above with as little delay
and "red tape" as possible
6 To protect the estates and financial interests of minors
and mentally disordered persons and to settle the estates of
deceased persons where no other person is competent to act
by administering estates and trusts for minors, mentally incompetent persons, and deceased persons; seeing that trusts
for minors or mentally incompetent persons are properly performed; and investigating the estates, financial affairs, and
legal claims of minors and mentally disordered persons reported as being imposed upon or taken financial advantage
of and advising those persons
7 To provide legal representation for those mentally disordered persons or minors for whom the Public Trustee has
or may obtain authority to act
8 To recommend legislation relating to the above.
 T 36  • corporate and financial services
articling The Division has the responsibility for administering the
Students articling students' program, which has been enlarged this year
to six articling students. Each student spends time with various lawyers and different branches within the Department
doing work specifically chosen to provide experience which
will assist the student on his call to the Bar.
CORPORATE AND FINANCIAL SERVICES
COMMISSION
Section 4 of the Securities Amendment Act, 1974, proclaimed
in force on October 1, 1974, by Order in Council 3047/74,
provides for the Corporate and Financial Services Commission. The new Commission takes the place of the old Securities Commission.
Under the Act the Commission is empowered to hear appeals from administrative decisions made under the Securities
Act, Investment Contracts Act, Mortgage Brokers Act, and
Personal Information Reporting Act. It also may hear appeals from decisions of the Board of Governors of the Vancouver Stock Exchange.
Unlike its predecessor, the Corporate and Financial Services Commission has no responsibility for the administration
of any of the Acts from which appeals may flow to the Commission. Another difference between the new Commision
and the Securities Commission lies in the appointees. The
Securities Commission was staffed by Civil Service employees.
No member of the Public Service has been appointed to the
new Commission.
The Division is examining the possibility of enlarging the
jurisdiction of the Commission to make it an administrative
appeal tribunal for all discretionary administrative decisions
made in its branches and inviting other Government departments to consider it as a possible appellate body.
AUDITOR CERTIFICATION BOARD
In the spring session of the House in 1974 the Companies Act
was amended to provide for the formation of the Auditor
Certification Board. On August 15, 1974, the new sections
were proclaimed by Orders in Council 2664/74 and 2665/74.
The Board's function is to examine and certify persons
who are not chartered accountants or chartered general
accountants as auditors of reporting companies. This is a
complex task and the Board has been preparing application
forms and guidelines for applicants. These should soon be
published and the Board will then be able to take applications.
The Division is considering the advisability of widening
the effect of a certificate granted by the Board by making
section 203 of the Companies Act general in its application
where audit qualifications are required under a statute.
 T 37   • corporate and financial services
COMPANIES OFFICE
The Registrar of Companies is responsible for the administration of all matters relating to the filing of corporate documents
by the British Columbia Companies Act and other related
statutes. From its location in the Victoria Law Courts Building, the Companies office services the entire Province by telephone, telex, telegram, and mail. The chief administrator,
the Registrar of Companies, is assisted by the Deputy Registrar, Administrative Officers, and clerical support staff.
The total number of companies incorporated in 1974 was
9,766, an increase of 354 from 9,412 in 1973. .The number
of incorporations of British Columbia companies is considered an accurate barometer of business and commercial activity within the Province.
The number of requests for names to be approved for
incorporation and registration increased throughout the year.
Over 35,000 names were checked for approval in 1974.
COMPANIES   OFFICE   -   INCORPORATIONS & REGISTRATIONS
10,000
s.noo
8,000
7,000
6,000
4,000
3,000
2,000
1,000
COMRANI^
5	
19
55       19
66       19
67       19
68       19
69
19
70
19
71
19
72
19
73
19
74
Registration of extra-provincial companies remains reasonably constant, with a high of 60 in January. Society
incorporations have increased during 1974 to 680.
The number of co-operatives incorporated in British
Columbia has more than doubled from the 38 incorporated
in 1973, to 78 in 1974.
Partnership and firm name registrations have increased
slightly, with the 1974 registrations totalling 2,194.
 T 38  • corporate and financial services
There were 55 amalgamations of British Columbia companies during the year.
There has been a marked increase in the registration of
encumbrances in the Companies office. These registrations
include mortgages, debentures, trust deeds, chattel mortgages,
bills of sale, conditional sale agreements, and assignment of
book accounts. The total encumbrances registered for 1974
was 47,359.
The increases in the filings, registrations, and incorporations have resulted in a corresponding increase of active files.
During 1974 a vigorous program was instituted to strike
off defaulting companies. As a result, over 8,000 companies
were struck off the register and many hundreds were induced
to file reports to date. This program is considered vital in
keeping up to date the information required by the public.
The adoption of the new Companies Act and increased
commercial activity has resulted in a growth in the number of
filings to be processed on a day-to-day basis. During 1974,
100,000 filings were received for processing. Searches at
the Companies office provide the public with filed information
respecting companies, societies, or co-operatives. A search
of the company file can be made either in person, by
telephone, or telegram. Eighty-five thousand searches were
processed in 1974. During the year a telex was installed to
further facilitate speedy, accurate searches.
COMPANIES  BRANCH  -   ACTIVE   FILES
 T 39   ■  corporate and financial services
The increase of commercial activity and law enforcement
dealing with companies made it desirable to have the information at the Companies office up to date and make it more
readily available to the public. A decision was made to investigate the feasibility of a computerized record management
system for the Companies office. The resulting report proposed that the Companies office be computerized by development of an on-line interactive information retrieval system.
The Companies office is engaged in a program of education
and information. The change to the new Companies Act and
the complexity of the filings make this program necessary on
an ongoing basis to benefit both the Companies office staff
and the public. The program covers all matters relating to the
operation of the office and services available to the public.
To date, information has been presented at seminars and
through bulletins giving the filing requirements of the Companies office and rulings on the acceptability of documents
presented for filing.
SECURITIES BRANCH
This Branch, under the direction of the Superintendent of
Brokers, is charged with the administration of the Securities
Act, the Mortgage Brokers Act, the Investment Contracts
Act, and the Prearranged Funeral Services Act. In carrying
out this responsibility the office registers individuals and com-
SECURITIES     BRANCH -   REGISTRATIONS
.1,000
2,700
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2,400
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68
19
69
19
70
19
71       19
72
19
73       19
74
 T 40  •  corporate and financial services
panies engaged in trading in securities, dealing in mortgages,
or offering investment contracts to the public. It also ensures that the prospectuses and offerings to the public confirm
to the Securities Act and the regulations.
A large part of the work of the Branch is investigatory in
nature and investigation teams of audit accountants, solicitors,
and investigators have developed a special expertise in the
"white collar crime" areas.
Rather than setting up separate investigation teams to
look into alleged breaches of the Companies Act, the Securities Branch has taken on the additional task of investigations
arising out of the Companies Act.
As a result of amendments to the Securities Act in 1974
the Branch has been preparing procedures for the examination
and approval of Statements of Material Fact filed with the
Vancouver Stock Exchange, and these procedures should be
ready for implementation early in 1975.
The weekly summary published by the Branch, formerly
known as British Columbia Securities Commission Weekly
Summary, has changed its name to Corporate and Financial
Services Division Weekly Summary, to reflect the policy of
the Division to make the summary an information source for
policy and announcements relating to all the branches in the
Division. Early in the new year it is planned to include in
many of the issues statements of policy from the Companies
office.
PUBLIC TRUSTEE
The service of the Public Trustee is to protect the estates and
financial interests of minors and mentally disordered persons
and to settle the estates of deceased persons, where no other
person is competent to act, by:
1 Direct administration of the estates of minors, mentally
incompetent persons and deceased persons, as guardian, committee, executor, administrator, and under power of attorney.
The Public Trustee now administers throughout the Province
over 1,500 deceased persons' estates, the affairs of 4,500
mentally incompetent persons, and 500 infants' estates.
2 Monitoring, seeing that trusts for minors or mentally incompetent persons are properly performed and are thus open
for independent review and reasonably secure against loss.
Over 2,000 trusts are now monitored by the Public Trustee.
3 Investigating the estates, financial affairs, and legal claims
of minors and mentally disordered persons reported as being
imposed upon or taken advantage of and advising those persons. At least three or four reports of this kind are received
each day.
The Public Trustee provides legal representation for those
mentally disordered persons or minors for whom the Public
Trustee has or may obtain authority to act.
 T41   •  corporate and financial services
credit
unions
co-operatives
SUPERVISION OF CO-OPERATIVES AND
CREDIT UNIONS
This Branch is responsible for the inspection and chartering
of credit unions and the administration of the Credit Unions
Act. In addition, in December 1973, the Branch was given
the added responsibility of the supervision of co-operatives
under the Co-operative Associations Act.
Branch complement during 1974 has been comprised of
the Chief Inspector of Credit Unions, who is also Supervisor
of Co-operatives, his Deputy, and five Inspectors, supported
by a clerical staff of three.
Credit unions are inspected at least annually, with interim
inspections being carried out from time to time.
As at December 31, 1973, there were 199 credit unions
with 70 branches. During the year, 13 mergers took place
and expansion of services resulted in the establishment of six
additional branches.
The following are 1974 year-end statistics with comparison to
the previous year:
Dec. 31/73
Dec. 31/74
Number of credit unions
Number of branches
Total membership
Total assets
199 184
70 76
553,638 605,785
,502,000 $1,215,632,223
The Branch maintains liaison and a close working relationship
with the central Provincial organization of credit unions, B.C.
Central Credit Union, the Credit Union Reserve Board, which
administers the Provincial Credit Union Share and Deposit
Guarantee Fund, and other persons and organizations relating
to credit unions.
Although the credit union movement continues to grow at a
rapid pace, relatively few new charters are being issued since
most areas of the Province are presently served by one or more
credit union offices. During 1974, two new credit unions
were chartered, one to serve persons in the real estate industry
in Victoria, and another to serve people of Chinese origin in
the Greater Vancouver area.
The year 1974 saw a sharp increase in co-operative activity
in British Columbia with this Branch investigating, processing,
and approving documentation for the incorporation of 86 new
co-operative associations.
The co-operatives incorporated during 1974 in type and
numbers are: Housing, 40; consumer, 18; service, 6; producer, 7; entertainment, 2; manufacture, 4; extra-provincial, 1.
 T 42  • corporate and financial services
In addition, documentation for eight more co-operatives was
being processed at the close of the year.
The total number of co-operatives in British Columbia
now stands at 326.
With increasing interest and activity relating to co-operatives and the attendant appointment of a Supervisor of Cooperatives, early in the year consideration was given to the
program that this Branch should undertake in order to assist
effectively with the further sound development of co-operatives in British Columbia.
On August 9, 1974, the Attorney-General sponsored a
one-day seminar for representatives from all co-operatives to
meet with him to express their views on the relationship between the co-operative movement and the Provincial Government. The seminar was attended by 173 representatives
of 76 co-operatives and provided a useful input for planning
purposes.
REAL ESTATE AND INSURANCE BRANCH
This Branch is responsible for the administration of the Insurance Act and the Real Estate Act, including responsibility for
the filing of subdivision prospectuses and, shortly, prospectuses
covering strata lots and co-operatives. Its general objective
is the protection of the public interest in the fields of insurance
and real estate. It carries out its duties in the same general
manner as the Securities Branch. The Branch also has extensive responsibility in connection with the filing of strata plans
under the Strata Titles Act. The Branch keeps a close watch
over the real estate and insurance industry and is in close
liaison with the Insurance Council, the National Association
of Insurance Commissioners, the Real Estate Council, the
National Association of Real Estate Licence Law Officials,
and various Provincial and national real estate boards and
insurance associations.
During 1974, life insurance companies and accident and
sickness insurance companies have been seeking to market
many new products. Consequently, considerable time has been
spent reviewing, criticizing, and even rewriting a variety of insurance contracts to ensure compliance with the Insurance Act
and equity for the consumer. The work is exacting and time-
consuming. Because of the general uniformity of insurance
law across the country, its effect is being felt nation-wide. The
only other province equipped to perform this service is Ontario, with which the Branch Actuary keeps a close liaison
and the remaining provinces are the grateful beneficiaries.
Currently a revision of the Uniform Life Insurance Act is
under way and the B.C. Superintendent of Insurance is the
Chairman of the Revision Committee.
While there was some decrease in numbers of general
insurance companies as anticipated because of the Government takeover of automobile insurance, increased activity in
 T 43   •  corporate and financial services
other lines, including credit life insurance, has resulted in a 16-
per-cent increase in number of insurers' licences issued and
has contributed to an increasing work load.
INSURANCE & REAL  ESTATE    BRANCH   -   REGISTRATIONS
The Branch is currently being geared to cope with recent
amendments to the Real Estate Act, which will necessitate examination of prospectuses resulting from subdividing by means
of a strata plan and by means of a co-operative corporation.
In the past year over a thousand prospectuses for ordinary
subdivision have been processed and at least that many more
are expected for the coming year. The projection is that the
new forms of prospectuses will at least treble that work load.
The day-to-day processing of applications for insurance
agents and salesmen and real estate agents and salesmen requires time and accuracy. It is interesting to note that, in the
year to date, real estate agents' licences issued have increased
10 per cent while salesmen's licences have decreased 6 per
cent, compared to a similar period last year.
The Branch still administers the Debt Collection Act and
the Superintendent is Director of Debt Collections. Hopefully, this responsibility will be transferred to Consumer Services, thus enabling the inspection staff to catch up with the
principal work of the Branch under the Real Estate Act and
the Insurance Act.
In summary, the Branch still needs to meet its statutory responsibilities and is actively planning to do so.
  T45  •
FINANCE AND ADMINISTRATION
Executive Director: R. M. Baker
The Finance and Administration Division is responsible for
the following:
1
2
3
4
5
Preparation of the Budget and Budgetary Control
Accounting
Payroll
Personnel
Purchasing.
During the 1973/74 fiscal year, revenue received amounted
to $130,814,864 and expenses totalled $53,809,687, leaving
an excess of $77,005,177. The latter quarter of the 1973/74
fiscal year was highlighted by the provision of an additional
$15 million to the estimates of the Department of the
Attorney-General for research and planning involved in the
significant policy change which saw the Provincial Government assume the responsibility for the administration and
operation of Provincial courts.
ACTUAL  REVENUES   1973-4
ADMINISTRATION 0.1%
MISC.   REVENUE  0.4%
REGULATION   AND
INSPECTION   0.5 %
JUSTICE   AND
COURTS    3.8 %
$
Per
Cent
Administration
122,152
0.1
Justice and Courts
4,955,275
3.8
Registration
15,868,528
12.1
Regulation and Inspection
659,336
0.5
Government Liquor Act
108,621,980
83.1
Miscellaneous revenue
547,593
0.4
130,814,864
100.0
 T 46  • finance and administration
ACTUAL   EXPENDITURES   1973-4
/    \^     CORRECTIONS            \
/      M.   32-5 °/o           \
TRUSTEES   1.0%
ADMINISTRATION   1.7 %
1    POLICE      \y       ^sZ^^-~^—
1   MISC.   EXPENSES  1.8 %
SERVICES          )^==^ElI^~
REGULATION   AND
1      24.4%          /  \rEGISTRATION
INSPECTION   2.2%
\                     /                \    l3'* %      /
\            /justice \              /
\      /and courts \         /
\/             23.2  %           \     /
$
Per
Cent
Administration
914,893
1.7
Justice and Courts
12,490,428
23.2
Registration
7,123,933
13.2
Trustees
514,265
1.0
Regulation and Inspection
1,175,737
2.2
Police Services
13,134,877
24.4
Corrections Services
17,497,981
32.5
Miscellaneous expenses1
957,573
1.8
53,809,687
100.0
1 Miscellaneous expenses include Criminal Injuries Compensation Act,
$350,841; Special Surveys Act, $460; British Columbia Energy Commission, $591,374; and British Columbia Liquor Board, $14,898.
REVENUE   FOR   PERIOD  1964-74
I964-5J
1965-611/3;
1966-7
I9(
«,„,««««
1968-9
;v.v:->>:-;-;':':':':
969-70
K-j:>>¥.^.33'-
1970 • 1
1971-apil:::
1972-3
£':-::^':':':':::-:::::
1973 41
llL
111
|lllf
1
$ 42,428,281
49,545,180
iiii
53,167,623
11111111
59,939,699
^mMimm
66,349,732
73,328,899
lllllllll
77,751,093
99,975,120
114,020,983
130,814,864
The revenue figure for 1973/74 is the only one of the 10 to include
miscellaneous revenue (which for the fiscal year was $547,593).
 T 47   ■  finance and administration
personnel     The Department reached an all time high in employment level
services     OI 2,025 during the year.   This compares with last year's total
of 1,176.
Owing to the administrative changes within the Department, the increase in personnel activities has been significant.
This is reflected as follows:
1    Requisitions processed 1972
328
1973
524
1974
1,268
2    Competitions processed 1972
70
1973
105
1974
306
The majority of new positions occurred in the Court Administration area (520 positions; Reporters, 70 positions), the
Rentalsman and Sheriff Branches (320 positions).
A number of classification reviews were completed by
Personnel Services in conjunction with the Public Service
Commission. A reorganization of the Companies office resulted in 19 new positions. Various positions in the Land
Registry Offices were reviewed and a number of changes in
personnel procedures have been recommended.
The industrial relations function of the Branch has increased with the advent of collective bargaining. Numerous,
union-management meetings were held and the Branch participated in the negotiations for the Administrative Support
Component of the B.C. Government Employees' Union.
To reflect the increase in personnel responsibilities, two additional Personnel Officer positions were established and filled,
bringing the staff complement to four Personnel Officers and
three administrative support personnel.
  T49
PROVINCIAL COURT OF BRITISH COLUMBIA
Chief Court Administrator: Judge Perry S. Millar
For many years the Judges of the Provincial Court of British
Columbia had been appointed by the Provincial Government
through the Department of the Attorney-General. However,
as a matter of historic growth, administrative responsibility
for these courts was divided between the Attorney-General's
Department and a number of the larger municipalities. By
1974, the Attorney-General's Department provided court
facilities and administrative staff for 71 small rural courts.
On the other hand, court facilities and staff for other Provincial Courts were supplied by 44 large municipalities throughout the Province, such as Vancouver, Victoria, Chilliwack,
Penticton, Kelowna, Kamloops, Prince George, Prince Rupert,
Nelson, Cranbrook, etc. This resulted in uneven standards
of court services throughout the Province in terms of adequacy
of court facilities, numbers of staff, and administrative policies.
Thus, by 1974, it became evident that these growing inadequacies could only be cured by unifying the Provincial
Courts under one administration, subject to the direction of
the Attorney-General.
Accordingly, on April 1, 1974, the Attorney-General's Department assumed full responsibility for the above-mentioned
44 large municipalities, for the facilities and staff of all Provincial Courts. This massive administrative effort was performed smoothly and efficiently by the Department, and with
the excellent co-operation of the Judges of the Provincial
Court, the process of justice was uninterrupted throughout
the Province.
As a result of this unification, a number of reforms have
already taken place and others are being implemented. Administration of the Provincial Courts have been organized on
a regional basis. The Province is divided into nine administrative regions, each supervised by a Deputy Regional
Administrator who is responsible for the administration of all
Provincial Courts within his region under the direction of a
Chief Court Administrator located in Vancouver. Approximately 125 additional staff have been infused into the system
in order to bring administrative services up to required levels
of efficiency throughout the Province, and to release members
of the RCMP from court duties to enable them to perform
their proper police role.
Intensive training programs have been instituted, through the
considerable assistance of BCIT, for senior administrative
personnel and Court Clerks. The purpose of these training
programs is to create a professional body of Court Administrators, with the result that within some 18 months British
Columbia may be considered to have the highest trained court
 T 50  •  provincial court of british Columbia
administrative body in Canada, and indeed on the continent.
Such a professionalized body of administrators is necessary
in order to free the judiciary for their essential role, namely
judging, in order to reduce current case work loads in the
face of the increasing crime and civil litigation. Training
courses for Justices of the Peace have also been instituted.
Provincial Court administrative staff are being merged
with the administration of other court levels to economize in
numbers of staff and administrative space.
Many Provincial Court facilities were inadequate and
cramped. The present court administration has, therefore,
embarked on a program, in concert with the Department of
Public Works and the Justice Development Commission, to
renovate and improve existing facilities to meet short-run
needs. In addition, a long-range construction program has
been undertaken to meet the growing demand for additional
courthouse space. Also, considerable economies are being
achieved through greater utilization of existing courthouse
facilities, through the joint use of courtrooms and administrative space by the Provincial Court and other trial courts,
namely the Supreme Court and the County Court. Further
economies in this direction can and will be achieved.
Uniformity of forms, standards, procedures, and practices
are being introduced through the above training programs and
through the preparation and distribution of four procedural
manuals covering all departments of the Provincial Court
(Family and Juvenile, Small Claims, and Criminal). A
fourth manual has also been developed for Justices of the
Peace, which encompasses both administrative and quasi-
judicial responsibilities.
One of the most important achievements resulting from this
unification is the development throughout the entire Provincial
Court system of a modern management-information system.
This will generate the necessary statistical information for
modern management of the courts and planning of future
development. This information system is, and to an increasing degree will be, supported by modern technology, including
microfilming and computerized analysis of statistical data.
These modern technologies are now essential in view of
the increased volume of cases in all departments of the Provincial Court, whether criminal, civil, juvenile, or domestic
relations. Manual accounting and recording systems are no
longer adequate to today's needs in court administration.
 T51 •
SUPREME AND COUNTY COURT REGISTRIES
Registrar: T. J. Halbert
The Department of the Attorney-General administers Court
Registry Offices serving the Supreme and County Courts in
Victoria, Vancouver, New Westminster, Nanaimo, and Chilliwack for a present total of five registries. The Victoria and
Vancouver offices also serve as registries for the Court of
Appeal, and the District Registrars in those two cities serve
as Registrars for the Court of Appeal in addition to their
duties as District Registrars of the Supreme Court and Registrars for the County Court.
Authority for the creation of the Court Registries is to be
found, naturally enough, in the Court of Appeal Act, the
Supreme Court Act, and the County Court Act. Other statutes play a part in the jurisdictional construction of our busy
Court Registry system, for example, the Small Claims Act,
which confers on our registries the duty of acting as such for
the Provincial Court of British Columbia Small Claims Division; the Bankruptcy Act, which confers on certain registry
offices the duties set out in the Federal statute; the Federal
statutes and rules which create an Admiralty jurisdiction in
the Vancouver Registry; and many other Federal and Provincial statutes which confer or impose functional jurisdictions
on the registries. It is safe to say that, without proper
administration and smooth operation of our Court Registry
system, the proverbial wheels of justice would, indeed, grind
to a horrendous stop. Virtually every civil litigation or matter
of uncontentious business requiring the ministrations of a
Court is commenced in and guided to completion through the
Court Registry system, and the majority of them are processed
in the five Court Registries operated by the Department of
the Attorney-General. As our Province continues to grow in
population, wealth, and influence, the importance of maintaining and increasing the efficiency of our Court Registries
becomes of grave importance.
The services performed by the registry offices can be
divided into two broadly stated classifications, namely, Judicial and Administrative. The word "registry" is defined as a
place of registration, a place where records are kept, so that
the very name of the office defines its administrative function
in part. The Judicial function of a registry office can be
described as that of providing support staff to the Judges of
the various courts, giving them the necessary assistance to
perform their own duties. Additionally, the Registrars perform quasi-judicial functions in support of the court by
presiding at hearings upon references directed by a Judge on
numerous matters, such as maintenance in divorce cases,
accountings in estate and foreclosure matters, references to
determine the quantum of damages where such damages are a
 T 52  •  supreme and county court registries
matter of computation, references to determine the means a
judgment debtor may have with which to pay a judgment,
references in execution proceedings against land, and references on any other matter referred to a Registrar by a Judge.
The Registrars are charged with the duties of taxing bills of
costs as between parties to court actions which in many
cases amount to thousands of dollars, to give judgments in
default matters, to preside in disputes between a client and
his solicitor arising out of the solicitor's bill pursuant to the
Legal Professions Act, to rule on interlocutory matters during
the progress of an action, and in many instances the procedural advice of the Registrars is hungrily sought by solicitors
and laymen alike to assist in complex actions and applications
to the Court. Thus the Registrars and the registry staffs
must be competent and knowledgeable in the principles of
law applicable to each of the functions of the registries, as
without such expertise much expensive delay and injustice
could be done to the ever-increasing numbers of the public
who avail themselves of the help of this Province's courts.
The Supreme Court and the County Court are what can
be described as superior courts, with the Court of Appeal
being the highest court in the Province and the Supreme Court
being the court of inherent jurisdiction. Accordingly, the
services rendered by the Court Registries encompass all manner of criminal and civil proceedings and are as varied in
nature as the very law itself.
functions     The major functions of a registry office are as follows:
record of Whenever an action is commenced in any of the courts ser-
proceedings viced by the Court Registries, and by whatever process is
utilized, the registry function is activated and meticulous
records are kept. It is the responsibility of the Court Registry
administration to attempt to expedite in so far as possible
the progress of a case from its inception to its conclusion by
trial and judgment. In the five registry offices administered
by the Department of the Attorney-General, 15,734 Supreme
Court civil actions were commenced in the year 1974 and
6,049 civil actions were commenced in the County Courts,
for a total of 21,783 superior court civil actions. In 1974,
a total of 2,388 criminal actions ranging from minor offences
to murder were filed in the two superior courts. In the two
Court of Appeal registries in Vancouver and Victoria, a total
of 1,030 appeals were made from decisions made in the other
courts.
probate Whether a man dies with or without a will, if he died with
assets requiring transfer, the chances are he will need the
services of the Probate Department of one of the Court Registries. In the five registries administered by the Department
of the Attorney-General, 7,854 applications were made in
probate matters for the year 1974 in connection with estates
ranging from a few hundred dollars up to several millions.
 T 53   •  supreme and county court registries
adoptions
bankruptcy
admiralty
small
claims
divorces
Each application in a probate matter receives the same
meticulous care and attention, regardless of size or complexity.
All petitions to adopt a child are made to the Supreme Court
and in 1974 a total of 1,205 adoptions were filed in the five
registries referred to above.
The jurisdiction in bankruptcy is conferred pursuant to a
Federal statute, the Bankruptcy Act, upon certain registry
offices. Of the five registries administered by the Department
of the Attorney-General, Victoria and Vancouver exercise
jurisdiction in bankruptcy, receiving petitions and assignments, holding hearings for the discharge of a bankruptcy or
a trustee, auditing or taxing the accounts of the trustee, fixing
a trustee's remuneration, and performing the other duties
imposed by the statute.
The only Admiralty Registry in British Columbia now is the
Vancouver Registry where the District Registrar is empowered by Federal statute to exercise the duties of a Registrar
in Admiralty matters. One of the major duties of a Registrar
in Admiralty matters is to sit to determine the amount of
damages caused in shipping accidents and, as such damages
often reach into millions of dollars, the importance of the
registry function is emphasized by the responsibility so
assigned.
Pursuant to the Small Claims Act, a Court Registry office is
charged with duties of acting as a registry for the Provincial
Court of British Columbia Small Claims Division in matters
within the jurisdiction of that court. As this is a court where
litigants often appear without benefit of counsel on either'
side, the trained and experienced personnel of the Department of the Attorney-General exercise important functions in
assisting members of the public in the preparation and filing of
the proper documentation enabling them to have their day in
court and obtain justice. In 1974, the five registry offices
dealt with 17,282 actions in the Small Claims Court.
In 1974 there was a total of 6,560 divorce actions commenced
in the five registries administered by the Department of the
Attorney-General. Although exact statistics have not been
maintained, it is estimated that slightly under 10 per cent of
these divorce actions were prosecuted by persons acting on
their own behalf who did not employ counsel and who did
not qualify for Legal Aid assistance but who relied entirely
upon the Court Registry staffs to guide them with the preparation and filing of the necessary documentation.
It has been said that our law embodies generations of experience, but is constantly adapting itself to new situations. So,
too, must the Court Registry system adapt itself to increasing
 T 54 • supreme and county court registries ■
social demands for better and more service from our courts,
and it is the erstwhile wish and hope of all those members of
the Department of the Attorney-General engaged in the Court
Registry system that we may be privileged to provide the
citizens of British Columbia with an increasingly efficient and
effective court administration.
 T55
LAND REGISTRY
Director, Legal Services: J. V. DiCastri
introduction There are seven land registration districts within the Province
known as the Kamloops, Nelson, New Westminster, Prince
George, Prince Rupert, Vancouver, and-Victoria Land Registration Districts, the respective Land Registry Offices being
situated at Courthouse, Kamloops; 320 Ward Street, Nelson;
Courthouse, New Westminster; Box 1840, Prince George;
Courthouse, Prince Rupert; Sixth Floor, 777 Hornby Street,
Vancouver; and Law Courts, Victoria.
The business of each office is conducted by an officer
called the Registrar, and the Inspector of Legal Offices, who
is also the Director, Legal Services, is charged with the general
supervision of the offices.
The responsibilities of each Registrar, in his dual role of
quasi-judicial officer and administrator, are to interpret correctly the Land Registry Act and all applicable law, and to
conduct the business of his office at a high level of efficiency
and thus ensure that security of title, the fundamental principle
of a title registration statute, is maintained at all times.
The responsibilities of the Inspector of Legal Offices are to
regulate the practice and procedure followed in the offices
so as to secure uniformity and to perform such other duties as
may be assigned to him by the Attorney-General.
The Inspector is also available to advise the Registrars on
all legal matters and to perform the duties of a Registrar.
operations In 1974 the volume of business in the seven Land Registry
Offices was somewhat lower than in 1973. This decrease
is largely attributable to high interest rates and to the requirements of mortgage lenders that borrowers have larger equities
in their properties.
The number of applications received from January 1,'
1974, to December 31, 1974, totalled 422,044. This figure
is restricted to fee-simple transfers and charges such as mortgages and agreements of sale, but does not include the many
miscellaneous filings made under the Land Registry Act and
other statutes.
The fees received from the Land Registry Offices for
1974 totalled $13,384,018.07.
The staff of 292 as of January 1, 1974, with minor fluctuations, increased to 309 during the year. These figures do not
take into account short-term employees engaged on the summer employment program.
The salaries of Land Registry staffs to December 31,
1974, totalled $2,443,352.37. With regard to operating
expenses in general, apart from salaries, the expenses involved
in the acquisition, operation, and maintenance of physical
plants are not available.
 *;
■ I
fl
OR \l l D
l,NEL
 T 57   • land registry
new     1    A second edition of the Land Registry Practice Manual is
programs     presently with the Queen's Printer and incorporates notes on
the Land Registry Act and miscellaneous statutes, a commentary on the new Strata Titles Act, notes on searching titles,
and a list of common conveyancing errors.
2 The Nelson office is experimenting with a new type of
portable register which, if proven to be practical, will provide
greater flexibility in all areas of the operation.
3 The study of the mini-registry concept, initiated in the
New Westminster office to determine whether or not the
compartmentalization of an office into selected geographical
units (example, Burnaby) will provide greater administrative
efficiency, is being extended to Richmond.
4 The Victoria experiment with "instant registration" continues, but as all offices are now operating on a 24 to 48-hour
registration cycle, pending a revision of the Land Registry
Act, further developments will be oriented to the anticipated
computerization of land titles.
5 The revision of the Land Registry Act is proceeding, with
a draft of the new Act expected to be available in the new year
for distribution to all interested parties for study and comment.
microfilming It is expected that the records of the Victoria office will be
completely microfilmed by the end of 1975 and those of the
Vancouver office by 1976. The successful completion of
these programs will see the records of all the offices microfilmed. The goal will then be to ensure that the time-lag
between the microfilming of documents and their receipts be
progressively reduced.
  T59  •
DEPARTMENTAL INSPECTOR
Inspector: A. A. Nicholls
The Departmental Inspector, located in Vancouver, conducted a number of investigations pertaining to complaints
and grievances that had been received by the Attorney-
General, Deputy Attorney-General, or Directors of the departments within the Attorney-General's Department. Examples
of complaints received include complaints against police
departments and officers, complaints with regard to pyramid
sales, and interdepartmental complaints. In many instances
the persons registering the complaints were advised of the
outcome of the inquiries conducted.
Due to the formation of the B.C. Police Commision,
Department of Consumer Affairs, and the enlarged Corrections Branch, a large number of complaints and inquiries are
now being handled by the respective departments. As a
result, the office of the Departmental Inspector was phased
out in early 1974.
There has been no decision made to date as to whether this
position will be re-established in the future.
  T61
CORRECTIONS BRANCH
Deputy Minister: Edgar W. Epp
The Corrections Branch of British Columbia upholds and
embodies the following statements in respect of philosophy,
purpose, and methods:
philosophy     1    Justice must be done and must appear to be done, both
to the offender and the offended.
2 Legal sanctions imposed upon the offender must be
designed to provide for the protection of society while upholding the dignity and worth of both the offender and the
offended.
3 The protection of society is seen as being best served
through holding in high regard the life and worth of all its
members, holding all of its members responsible for the
maintenance of social order and the prevention of victimization or wrongful hurt to or by any of its members, utilizing
every appropriate means to correct the relationship between
the offender and the offended.
purpose The Corrections Branch of the Department of the Attorney-
General is the agency established by the Government of
British Columbia to:
1 Carry out the legal duties imposed upon it
2 Aid in the process of restoring the relationship between
the offender and the offended
3 Develop correctional programs designed to protect the
public from further victimization
4 Assist the community in developing programs for the
prevention of crime and delinquency
5 Provide maximum opportunity and assistance to all persons in its care, in order that they may achieve successful
personal and social adjustment in the community.
method Specifically, and notwithstanding its involvement in preventive and other pre-court services, the Corrections Branch will
provide, for youth and adults:
1 Probation programs and services which shall be available
as resources to the Courts
2 Institutional facilities where necessary, which shall be
as small in size as feasible and located as near as possible to
the domicile of its residents
3 Community service programs for the imposition of noncustodial penalties
4 Counselling, supervision, training, and such other treatment and human relationship services deemed necessary or
appropriate for persons in its care
5 Opportunity, whenever possible, and as public safety is
not considered thus endangered, for incarcerated persons to
avail themselves of community resources through programs
such as temporary absence and parole
 T 62  •  corrections
five-year
plan
6 Assistance, such as counselling services, as required and
voluntarily requested by persons discharged from its care
7 Opportunity for citizens to participate in its various programs through community-based agencies, or as individuals
who volunteer their services
8 Purchase of necessary services which would otherwise
not be available to persons in its care, or are more effectively
provided by another agency
9 Ongoing research, planning, and assessment to assist in
the upgrading of its program methods, treatment techniques,
and development, and to ensure that appropriate objectives
are established and achieved
10 Staff who, by recruitment, selection, training, and development, demonstrate and maintain the maturity and personnel
qualifications necessary to offer competent counsel and supervision to those in their care, and who do so faithfully and
diligently.
For the first time in the history of the Corrections Branch,
a clear, long-range formulation of goals and proposed means
has been developed. Greater emphasis has been placed on
the increasing importance of extensive planning in this area
of government. This new emphasis was embodied in the
establishment of the Planning and Development Division in
1973, which is now responsible for assessing pilot projects
and current programs in light of the transition to a community-oriented emphasis.
In 1974 the Corrections Branch initiated a major restructuring of over-all policy and programs. This change was made
explicit in the formulation of a long-range planning statement
entitled "A Five-year Plan in Corrections." The Deputy
Minister of Corrections presented this document to the Attorney-General as a confirmation of the commitment to the
dissolution of large and antiquated correctional centres, adult
remand centres, and juvenile detention homes. Specifically
cited as subject to a phasing-out process were Vancouver
Island Regional Correctional Centre, Haney Correctional
Centre, Lower Mainland Regional Correctional Centre, and
the Vancouver and Victoria Juvenile Detention Homes.
community To parallel this process is the planned instituting of various
correctional ar>d effective alternatives to incarceration, mainly in the form
centres °f supervised community correctional centres. The construction of small custodial facilities is still being planned, however, for those individuals who do not meet the requirements
for participation in community-oriented programs. The purpose of this emerging structure is to develop a humanizing
corrections system by addressing clients more individually in
smaller centres and by aiding in the rectification of the problems that exist between offenders and their communities. The
financial advantage of a community-oriented emphasis can be
 T 63   •  corrections
partially understood by comparing the costs of supervising a
person on probation in the community as opposed to holding
a person within a custodial institution. The average daily
cost of supervising in the community in 1973/74 was 84 cents,
compared to $19.25 in an institution.
Three community correctional centres, in which program activities are centred in the community rather than in
an institution, began operations in 1974 in Vancouver, Chilliwack, and Victoria. A fourth is expected to commence
operation in Kamloops on February 10, 1975. In phasing
out the antiquated institutions in the Province, community
correctional centres are preceding and paralleling the transition, necessitating gradual rather than abrupt change.
temporary Still other community alternatives are being utilized in the
absence interim period to an unprecedented extent. In order to
program accommodate the transitional period while simultaneously
adhering to the immediate commitment of developing effective
alternatives to incarceration, the Corrections Branch rapidly
expanded the Temporary Absence Program in December
1973, facilitated by the appointment of a Temporary Absence
Co-ordinator for the Province. This program has allowed
inmates to reintegrate into the community while serving their
sentences. In the first three months of the fiscal year of
1974/75, approximately 1,200 people were released on
temporary absences in contrast to approximately 1,000 for
the entire fiscal year 1973/74. Persons on work release
from a community correctional centre contribute toward their
own maintenance, pay restitution and taxes, and support their
dependents who might otherwise be drawing upon welfare
assistance.
co-ed     Canada's first co-ed facility was incorporated at the Prince
facility     George Regional Correctional Centre in early 1974 as part
of a continuing effort of the Branch to modernize its system
and present it as an advanced model for correctional services
in North America. .
community The year saw continued expansion and diversification of
corrections Community Corrections programs. In all cases in which
programs adults appear before the court, Probation Officers endeavour
to find or develop a community alternative to imprisonment.
This means that Probation Officers are spending more time
mobilizing community resources to respond appropriately to
an offence. With juveniles, more emphasis has been placed
on integrating the services offered by the Department of Education, Human Resources, and Health with the Corrections
Branch. Sharing and consultation in program development
has resulted in a great many juveniles once considered beyond
the resources of a community being successfully integrated
into that community. Of particular note is the expansion of
compulsory attendance programs in the community for both
adults and juveniles.   Of special note with respect to juveniles
 T 64  •  corrections
was the assumption of April 1, 1974, of responsibility for
juvenile probation services from the City of Vancouver and
the Vancouver and Victoria City detention homes.
In accordance with the enactment of the Administration of
Justice Act, April 1974, the Justice Development Commission
was established and given the responsibility to aid in the
improvement of the justice system by assisting and integrating
the future planning and development of the system's components: Police, Legal Services, Courts, and Corrections. The
Deputy Minister of Corrections is a Vice-Chairman on the
Executive of the Commission, enabling Correction's input to
be presented in concert with the other arms of the justice
system.
planning During 1974, significant activity occurred through discussions
and joint planning with the Federal Ministry of the Solicitor
General. For the first time in 15 years, a meeting of Ministers responsible for Corrections in Canada was held in
December 1973. Issues were identified for further study by
a Continuing Committee of Deputy Ministers. This committee and numerous subcommittees comprised of senior staff
have dealt with a wide range of topics over the year. These
topics include parole jurisdiction; young persons in conflict
with the law; criminal information "and statistics; diversion;
manpower development; inmate rights and responsibilities;
ex-offender employment in corrections; community-based
residential centres; exchange of prisoners between jurisdictions; the Prisons and Reformatories Act; and the Native
offender.
The latter topic was subsequently expanded into a total
justice system concern and grew into planning for a Ministers
Conference on the Native Offender and the Criminal Justice
System, to be held in February 1975.
A Joint Regional Committee has been established consisting of senior staff from the respective Corrections Branches
in British Columbia and the Yukon and the Solicitor General's Department to provide a co-ordinated regional approach
in the exchange of services and development of facilities.
As in previous years, the productivity of Corrections clients
facilitated by staff direction and co-ordination has contributed
greatly to the development of this Province by the numerous
and extensive work projects in which they were engaged. As
such, they deserve a special commendation for their socially
responsible endeavours.
separate The Corrections Branch files a separate report with the
report Legislative Assembly. This individual report provides a
descriptive and statistical profile of the Corrections Branch
of the Attorney-General's Department for the fiscal year
ended March 31, 1974, and the calendar year ended December 31, 1974, and should be consulted for further information.
 T65   ■
BRITISH COLUMBIA BOARD OF PAROLE
Chairman: S. Rocksborough Smith
Provincial parole was first instituted in British Columbia in
1949 with the introduction of the definite/indeterminate sentence for young-adult offenders under 22 years of age. It has
been operating since that time, paroling between 600 to 800
young-adult offenders annually.
Provincial parole deals only with this specialized group,
most of whom are undergoing training, in its broader sense,
at correctional centres set aside for the purpose. New Haven
and the Haney Correctional Centre are the two main centres
involved in this program, though some use is made of regional
correctional centres or forest camps if it is felt that the
offenders can receive more appropriate training there.
Correctional centre staff present a trainee to the Parole
Board for consideration for release on parole when they consider the trainee ready to re-establish himself in the community and prepared to assume the responsibilities that go
with parole. Before the decision is made, institutional reports
are carefully considered, the home environment investigated,
and release planning discussed.
When the youth is paroled he comes under the supervision
of a Provincial Probation Officer. (New Haven uses volunteers from the B.C. Borstal Association to carry out the same
function.) While methods of supervision vary with the individual officer, the parolee must be seen at least monthly. In
practice he is usually seen initially on a weekly basis by his
parole supervisor, who reports on his progress to the Board.
Violations, such as failure to report or to live up to the conditions of parole, or the commission of further offences, can
result in either suspension or revocation of parole and a return
to the correctional centre for further training.
Parole, if it is to be successful in terms of re-establishing
an offender into the community as a useful and law-abiding
citizen, depends largely upon realistic, careful, and thorough
planning; co-ordination of the efforts of all those involved with
the planning; and adequate supervision in the community. It
is essential from the start that the parolee understand very
plainly that parole is a contract between himself and the Board
in which he is granted his conditional freedom in return for
his living a law-abiding life in the community. Furthermore,
it must be seen to be a law-abiding life, for, if he continues to
mix with undesirable companions and disregards the instructions of his parole supervisor, his parole can be suspended or
revoked for a technical violation.
The Board has noted with considerable concern the lack
of resources that still exists in most communities in the Province, particularly for those parolees without a home to return
to, and those with mental, physical, or social handicaps. While
a parolee in his late teens or early 20's should be quite capable
 T 66  •  british Columbia board of parole
of existing on his own without family support, it is extremely
difficult for that person to establish himself initially without
adequate personal funds. Even with funds available, the
alternative is frequently a seedy room in one of a number of
run-down rooming-houses or a cheap hotel room, the only
companionship that picked up on the streets or found in a
skid-row beer parlour. There is a very real need for hostels
or supervised boarding-rooms where some standard of decency
can be maintained and where there is warmth, a sense of
fellowship, and concern shown toward those living there. A
number of private organizations and associations in our larger
communities are trying to fill this gap, but they need far greater
support, both moral and financial, in the difficult task they
have undertaken.   Unfortunately, at the time of writing, their
COMPARATIVE STATEMENT BY INSTITUTIONS
FOR THE FISCAL YEAR 1973/74
Alouette
River
Unit
Lower
Mainland
R.C.C.
Haney
C.C.
Released on parole
Revoked—
Court action
Other violations
Successfully
completed parole
Average time on
parole (months)—
Successful
Revoked
Average length of institutional training
(months)
M.
2
F.
19
M.
44
F.
7
Main
238
B.B.
62
2
5
2
18
3
23
64
s
—-
10
17
3
189
59
—
7.8
2.7
10.1
4.5
8
3.1
9.4
5.1
9.2
5.4
5
7.1
13.3
9.7
10.7
6.4
 T 67   ■  british Columbia board of parole
numbers appear to be decreasing rather than increasing.
The announcement by the Solicitor General that the Federal Government was prepared to introduce legislation extending the exercise of parole jurisdiction by the provinces to
cover all inmates of Provincial correctional centres led to a
meeting in Ottawa in February 1974, to discuss minimal
national standards and conditions of parole. Unanimous
agreement was achieved in terms of parole criteria, conditions
of parole, and procedural safeguards. It is hoped that the
appropriate Federal legislation required to effect these changes
will be presented to Parliament early in 1975.
A comparative statement of those young-adults released on
Provincial parole from the various correctional centres in the
Province during the fiscal year 1973/74 is shown in the table.
Chilliw
F.C
ack
New
Haven
C.C.
Prince
George
R.C.C.
Vancouver
Island
R.C.C.
Kamloops
R.C.C.
Total
Main
31
Dash
72
27
9
58
2
571
5
8
8
18
1
3
1
11
10
1
62
145
10
38
23
3
41
393
10.1
12.1
10.5
2.7
9.4
1.9
4.3
4.7
2.3
3.1
11.1
2.5
6.2        11.9        14.8 6.5        11.5
9.5
4.5
9.2
C.C.—Correctional Centre.
R.C.C.—Regional Correctional Centre.
F.C.—Forest Camp.
  T69  •
BRITISH COLUMBIA POLICE COMMISSION
Chairman: John Hogarth
In June 1972 a group consisting of representatives of various
police forces serving in British Columbia and members of the
Department of the Attorney-General submitted a report to
the Government of British Columbia containing a recommendation that a Provincial Police Commission be established
to aid in the prevention of crime and promote the efficiency
of police services in the Province. Nothing further was done
at that time, but in November 1973 the Attorney-General
called together a group consisting not only of members of
police departments, but also representatives of several professional and community organizations to discuss the future
of policing in the Province. There was substantial agreement
within the group as to the main issues that must be dealt
with in order to improve the level of police service. These
issues were police role, standards, recruitment, training, community relations, and abuse of authority.
police role It was noted that the traditional work of police constables in
this Province was increasing rapidly because of a great increase in the crime rate in British Columbia, particularly
with respect to drug-related offences and criminal code
offences committed by young people. At the same time, new
demands were being placed on police services and many individual officers were becoming involved in their communities
in new and exciting ways. These two factors were stretching
police services very thinly. It was noted that police strength
in the Province on a population basis falls below the standards
achieved in most other provinces. While it was agreed that
the image of the police in British Columbia is generally good,
particular problems existed in relationships between police
and certain groups such as young people, Native Indians, and
women.
There was substantial agreement about the need to create
positive roles for the police in the community without breaking their tie to the law. While it was recognized that the police
are not and should not become social workers, they have
become the major agency operating 24 hours a day, responding to crisis situations of all kinds. This means that the police
must be trained to handle family disputes, neighbourhood
quarrels, racial conflicts, and a host of other problems for
which they are often inadequately prepared and insufficiently
supported. It was agreed that the response and referral role
of the police need additional attention through training, integration with social services, experimentation, innovation, and
guidelines for the exercise of discretion. It was felt that there
was a need to establish a clearing house of information in
the Province and elsewhere. It was also recognized that the
police are the major intake agency to the entire criminal sys-
 T 70  •  british Columbia police commission
tem. The decisions police officers make with respect to discretion not to invoke the criminal process, the levels of
enforcement priorities that exist with respect to certain kinds
of offences, and the diversion to social service networks and
informal mediation at the community level, all have important
consequences at each subsequent stage of the process. Being
part of a larger system, police policy must be integrated with
the criminal justice system as a whole, and this requires more
effective liaison through the sharing of information and joint
planning.
Standards It was felt that there was an urgent need to establish minimum
standards for police services on a Province-wide basis. While
problems differ from community to community, there is no
effective mechanism to ensure that police services are adequate. Certain municipalities were identified in which policing
was allowed to slip below the standards necessary to carry out
police functions properly. It was, therefore, recommended
that a Provincial Police Commission be established to develop
Province-wide standards for policing and to encourage joint
planning between police and other community agencies.
recruitment The group noted that there were no standardized procedures
for recruitment or training in the Province. Concern was
expressed about an insufficient number of police officers
drawn from minority groups, particularly Indian people,
although some limited progress has been made by the RCMP
in hiring special constables to police Indian reserves. There
are no Indian police officers in any of the municipal forces
in the Province. It was also noted that the Royal Commission
on the Status of Women recommended hiring women police
officers and the full integration of women into police work.
At the time the group met the RCMP had not recruited
women for their service and several municipal forces had not
employed any women.
training Training needs at all levels were identified. It was recognized
that the quality of police service depends ultimately on the
quality of people carrying out that service. It was strongly
urged that a Provincial Police College be established under
the general direction of the British Columbia Police Commission. It was also recommended that a manpower policy be
developed by the Commission which would encourage the
development of career plans for police constables utilizing
the existing resources at the British Columbia Institute of
Technology, community colleges, and new developments in
criminology at Simon Fraser University.
abuse of     Present methods of handling abuse of authority by individual
authority     police constables were considered inadequate.   Some people
expressed concern about lack of visibility to present disciplinary procedures.    Others felt that there was a lack of
 T71   •  british Columbia police commission
independent investigation of complaints by citizens against
police constables. Police officers in the group expressed
concern about lack of due process protecting the rights of
constables in hearings presently being conducted. Finally,
it was felt by some that there was a lack of uniformity in
discipline procedures used by various police forces in the
Province. At the same time it was agreed that most complaints can be properly handled at the station or detachment
level without escalating them into a full-blown adjudicative
process. It was noted that Citizen Review Boards did not
work in those American jurisdictions which had experimented
with them. Some officers commented favourably on the
discipline procedures conducted by the Ontario Police Commission; others tended to favour the procedures set' out in the
new Alberta Act.
It was agreed that emphasis should be placed not on negative sanctions but on developing strategies to prevent abuse
of authority. It was agreed that a new mechanism to handle
serious complaints by citizens should be created that would
guarantee fairness to both the constables and citizens concerned. It was also felt that a better mechanism to deal with
discipline questions initiated by senior police constables
against subordinates should be created. It was noted that
there was a growing feeling, particularly among young constables, that existing discipline procedures were out of tune
with the times. It was therefore recommended that a new
Police Act be created setting out a new system of dealing with
citizens' complaints against members which would not only
delineate substantive offences of discipline but a code of
procedures that would live up to the norms of fairness, visibility, and uniformity.
police act The working group that met at the request of the Attorney-
General in November was expanded and asked to prepare a
draft statute which would incorporate its recommendations
into a legislative format. By the middle of February 1974
the statute was prepared and its first draft was discussed at
a two-day meeting. After circulating the model statute to
several groups, including police constables and officers at
various levels and ranks, certain changes were made. By the
end of March a model statute was agreed upon and presented
to the Government. The Attorney-General informed the
group that the statute, as presented, was acceptable in principle. This marked the first time in the legislative history of
the Province that a statute was drafted, not by the Government, but by the people most likely to be affected by the legislation, and it marks the first time that members of police
forces were given an opportunity to participate directly in
developing a legislative policy affecting their work. The draft
Bill 91, called the Police Act, passed third reading on June 12,
1974.
 T 72  •  british Columbia police commission
aims and     The main characteristics of the new Police Act are the fol-
objectives of    lowing:
the police act 1 The creation of the British Columbia Police Commission
with responsibilities for standards, research, recruitment,
training, and the adjudication of discipline matters referred
to it by the Attorney-General or on appeal from a municipal
Police Board.
2 The introduction of a new method to deal with citizens'
complaints against constables. The sections of the Act dealing
with discipline will be brought into force in a uniform Code of
Discipline for municipal police forces incorporating a Code
of Procedure which will be standard throughout the Province.
(These regulations are expected to be in effect by February
1975.)
The procedures set out in sections 37 to 47 of the Act
tend to encourage informal resolution at the earliest stage,
but guarantee the right to an open hearing if such resolution
is impossible, or if the complainant and, in the case of municipal constables, the constable concerned, is dissatisfied with
the result of the inquiry. In order to protect the rights of the
individuals concerned, certain procedures are set out in the
Act which govern the process. It is hoped that the British
Columbia Police Commission, through the taking of appeals
and from conducting its own inquiries in areas policed by the
RCMP, will be able to establish a jurisprudence which will
promote uniformity in police discipline matters across the
Province.
3 The Act clarifies relationships in matters of policing
between the Government of Canada, the Province of British
Columbia, local municipalities, the Police Commission, and
the various police forces which form the police service in the
Province. First of all, the Act preserves the principle that
each community required to provide policing services has the
right to determine whether such service will be provided by
establishing its own municipal force under the direction of a
Board or by contracting with the RCMP. The role of the
Police Commission is to ensure that the level of police service
provided is adequate.
Secondly, the Act underlines the constitutional principle
that the RCMP are in the Province of British Columbia either
as the Provincial police force or as the municipal police force
under contract and on no other basis. Eventually, there will
be one master contract between the Government of British
Columbia and the Government of Canada pertaining to the
employment of the RCMP in the Province. Municipalities,
in their turn, will have the right to establish their own police
force or have their policing services provided for by the
Provincial force, which for the foreseeable future will be the
RCMP. This new scheme will not start until 1976, providing
sufficient time for municipalities to develop a position with
respect to financing of police services in their local commu-
 T 73   •  british Columbia police commission
appointment of
police boards
nities. Costs of policing have escalated dramatically and it
is therefore considered important that further consideration
be given to the financial arrangement between municipalities
and the Provincial Government with respect to these costs.
The British Columbia Police Commission has invited the
Union of British Columbia Municipalities to work with it in
developing a new costing formula.
4 The Police Act, in section 48, requires that every meeting
or hearing of the Commission and of every board and committee shall be open to the public unless a matter of public
security will arise or unless a financial or personal matter
will arise in which the person's interests in the matter are
clearly paramount to the public's "right to know." In section
52, the Act provides certain legal rights, privileges, and
immunities to witnesses and other persons required to attend
and give evidence at disciplinary tribunals or inquiries. It is
hoped that these two sections, combined with the right to an
open hearing on police disciplinary matters, will provide
sufficient protection to the public.
The Police Act, section 19, calls for police boards in municipalities having their own police force, these boards to consist
of the mayor of the council, one person appointed by the
council, and three persons appointed, after consultation with
the council, by the Lieutenant-Governor in Council. A
process of consultation was agreed upon at a meeting of
existing police commissions with the British Columbia Police
Commission on June 26, 1974, and agreed to by the Attorney-
General. This process calls for the municipal council to forward a list of up to six names to the Attorney-General, who
will then select at least two of these persons as his appointees.
If he wishes to appoint anyone not on the list, this name will
be approved by the municipal council before such appointment is made. If further names are required to make an
appropriate selection, the council will be asked to submit
additional names for the consideration of the Attorney-
General. The British Columbia Police Commission has
assisted in this process of consultation, seeking to ensure that
public-spirited citizens from a broad spectrum of the community are appointed to police boards. By mid-November
all municipal boards were established and meetings were held
with the B.C. Police Commission in December to consider
the issues and tasks before them.
appointment The Police Act, section 34, states that "The Lieutenant-
of police Governor in Council, after consulting with councils of muni-
committees cipalities, situated in whole or in part in the area of the
Province in which the committee is to have jurisdiction, may
establish a local police committee consisting of not less than
three members appointed by the Lieutenant-Governor in
Council." It is expected that the first few committees will
be appointed early in 1975.  The committees will be respon-
 1
 T 75  •  british Columbia police commission
levels of
policing
service
training of
new municipal
police
constables
sible for promoting police-community relationships, bringing
to the Provincial force or to the Commission concerns about
the adequacy of policing in the area, and, as directed by the
Minister, holding hearings and inquiries into complaints
respecting an act or act of omission of police within the area.
It is possible that the police committees will be part of the
regional justice councils, except when involved in hearings
or inquiries which require a clearly separate identity from
other parts of the justice system.
There has been serious concern expressed by a great number
of communities about the inadequate number of policemen
available to provide the level of service they expect. Not only
have crime rates substantially increased in recent years, but
many new demands for service have been made upon the
police, with the result that the work load has increased at a
faster rate than the growth of police resources.
There is no magic formula that will unfailingly reveal the
exact number of policemen necessary to provide the desired
level of service in any community. Research has, however,
indicated a range of variables that must be taken into account
in determining the proper level of policing service. It has
been determined that policing problems tend to increase with
higher population density. Research staff members are working with individual police departments to assist them in
analysing and evaluating their local situations.
Even the most elementary examination indicates that
many of the areas of this Province are at present significantly
under-policed. The task of bringing the policing service to a
desirable level will require considerable co-operation between
officials at municipal, Provincial, and Federal levels to identify
and analyse the relevant issues and plan for the necessary kind
and quantity of resources to meet the needs. It will also
require the co-operation of the various levels of government
to work out the necessary financing arrangements for this
service.
The achievement of an adequate professionally trained police
force does not necessarily mean that more people will be
arrested and brought before the courts. In achieving this
goal we can expect a shift in priorities toward more community service and crime prevention in collaboration with
other agencies.
The Government of British Columbia has made a major
commitment to provide adequate training to all police constables serving in British Columbia and to assume all direct
costs of police training. A new facility, which will be known
as the British Columbia Police College, will train all new
police constables joining municipal forces, starting early in
1975. The Director of the College, Gerald Kilcup, has been
appointed, and an able staff assembled, with instructors drawn
from the various ranks of local police departments.    It is
 T 76  •  british Columbia police commission
police
management
and supervisory
development
auxiliary
police
envisaged that the basic recruit training program will consist
of four components combining two periods in the College
and two periods in the field under supervision.
A survey conducted in July of training requirements in
each of the 12 municipal police forces in British Columbia
indicated an immediate need to assist several municipalities
to upgrade their existing constables and officers through programs presently available. The RCMP, through their training
divisions at Ottawa and Victoria, agreed to accommodate
approximately 200 municipal police officers from British
Columbia in their scheduled courses for the current training
year. The Government of British Columbia has paid all
normal travel and accommodation costs, while the RCMP
has provided the direct cost of instruction. Further, as an
interim measure, the Government of British Columbia has
subsidized police recruit training in the amount of $10 per
day for each recruit constable in a full-time training program
approved by the B.C. Police Commission. The Government
of British Columbia is also making representations in Ottawa
for an increase in the number of RCMP constables assigned
to the Province and is pressing the case for the Federal
Government to maintain the present level of support to policing under both the Provincial contract and the municipal
contracts within the Province.
Police service is delivered through working constables. The
task of management, therefore, is to develop and encourage
the potential of line constables to be more effective on the
job. As the police role grows more complex, so do management responsibilities. A hierarchical system of authority may
be suited to traditional law-enforcement functions, but appears to be totally unsuited to community service and crime-
prevention tasks.
A large body of knowledge and experience has developed
in recent years around the role of the modern manager in a
complex organization. An executive development program
was sponsored by the Commission, and each chief and deputy-
chief in the municipal police departments, together with senior
officers of the RCMP serving in British Columbia, participated. The focus of the program was on motivation, communication, and delegation of responsibility. Workshops are
taking place within individual police departments, dealing with
similar issues around policing goals defined by line staff.
A formal course geared to first-line supervisors is being
planned by the faculty of the B.C. Police College. In addition, the crucial role of field instructor has been recognized in
all departments, and the College is developing a special
program for these individuals.
The Provincial Force (RCMP) and the 12 municipal forces
all maintain a reserve or auxiliary group of police officers.
These groups, originally set up under the Civil Defence Act,
now called the Provincial Emergency Programme, are funded
 T 77   •  british Columbia police commission
jointly by Federal, Provincial, and municipal governments and
are administered by the local commanding officer in respect
to recruiting, selection, and training. They can be deployed
to assist local police in times of extraordinary work load, such
as for special events and in times of civil disaster. The members are sworn as special constables for their respective jurisdictions and have police powers as outlined in their oath
of office.
A special committee was established in July to examine
all aspects of the auxiliary police program. The committee
examined the funding, recruiting, training, and deployment
of this group, and will be making recommendations to the
Commission early in 1975. The Committee is examining the
feasibility of transferring the auxiliary police program from
the Provincial Secretary's Department to the Department of
the Attorney-General, regulated by the Police Act.
police It is obvious that, without strong and responsible citizen par-
community ticipation and support, policing objectives cannot be realized,
liaison Since the establishment of the B.C. Police Commission, members of the Commission staff have participated in meetings
with police and others concerned with local police and justice
issues in 30 communities throughout the Province. Discussions covered such topics as the nature of crime and juvenile
deliquency in the local area, the kind of resources necessary
to deal with these situations, development of more effective
police programs, ways of involving citizens and community
groups and agencies in supporting police objectives, strategies
for freeing police personnel from nonpolice duties, and levels
of police strength required in specific local situations. The
Commission will continue to give high priority to requests for
consultation and assistance from municipal councils, community groups, and police departments in all areas of the
Province. Emphasis is being placed on developing a coordinated strategy to deal with community problems in conjunction with Government agencies and citizen groups.
police A task force on police and women was established by the
and women Commission with members drawn from police departments,
community groups, and a wide range of women's organizations. The task force has been concerned with women in
police work, police and women victims of crime, and police
and women offenders. The Elizabeth Fry Society assisted
with a study of relationships between police and women
offenders. Representatives from the Rape Relief Centre gave
assistance in examining the relationships of police to women
who are victims of crime. Women's groups throughout the
Province contributed information and recommendations in all
major areas of the task force's concern.
police and     The disproportionate number of Native Indians in conflict
native     w'tri me law in British Columbia is of great concern both to
indians     Indian organizations and police departments.   The Commis-
 T 78  • british Columbia police commission
sion has a small advisory group of Indian leaders advising of
the most significant problems and possible solutions, and making recommendations concerning projects in Native Indian
communities.
police and     The Commission's work in the area of police and social ser-
community     vices will be guided by a small advisory committee.   Its work
will be concentrated in task groups around specific problems.
Three main topics have been considered during 1974:
1 The initial contact citizens have with police
2 The way in which police respond to requests for service
3 The kind of referrals police make on behalf of those who
seek their help, the majority of which do not involve crime.
The Commission studied the Report Centre of the Vancouver
Police Department, analysing the number and nature of requests for police service, the way these were handled by the
report centre, and the action which resulted from these
requests. The Commission plans to evaluate the community
social service back-up required if police are to make their
community service role effective. This will necessarily involve
consultation with personnel drawn from police and other
helping professions on a community-by-community basis.
 T79  •
JUSTICE DEVELOPMENT COMMISSION
Chairman: David H. Vickers
The first priority of the Justice Development Commission in
1974 was to ensure an orderly assumption of responsibility
for the administration and operation of the Provincial Court.
This required that adequate procedures be established for the
addition of staff to Provincial strength from municipal payrolls and that facilities and services were assumed and improved with a minimum of interruption to the work of the
court.
Facilities remain an enormous problem and are dealt with
in more detail in the report of the Courts Division.
The second priority of the Commission is ongoing, namely,
the continued improvement of facilities and services for all
courts and each facet of the justice system in the Province of
British Columbia. Our task is not only enormous but complex. The Attorney-General, constitutionally responsible for
the administration of justice in British Columbia, is thus
responsible for the administration and operation of a vast
and complex social service. It is the repair and improvement
of this complex social service which now consumes the total
energy of the Commission.
If the objective of the exercise is to do justice in individual
cases, it will be readily apparent that this requires the development of a very sophisticated system—a system designed to
do justice and to encourage responsibility. However, it calls
upon the exercise of individual human judgment at so many
points in the process—the policeman on his beat, the lawyer
in his office, the Judge in his courtroom, the Probation Officer
in the field, and many others. Each is required to exercise
his professional judgment in the development of a product
which the community can accept as fair, so that in the end,
respect for the rule of law is achieved.
As we approach our task we find some common problems.
These include:
1 Enormous manpower shortages. Shortages not just in
terms of numbers but in terms of trained, well-qualified
people. We are faced with a situation in which we find
inadequate training at many levels and no training at most
levels.
2 Backward looking. Too many people throughout the
system without adequate information are trying to solve
contemporary problems by looking backward and finding old
solutions, solutions like bigger and better gaols, more courtrooms and more Judges, rather than the development of
programs which would anticipate and prevent the conflict.
3 Isolation. Too many parts of the system are working
alone, unable to see the other fellow's problems, each part of
 T 80  • justice development commission
the system looking for excuses as to why it has failed rather
than working together and seeking a collective solution.
We are now in a difficult period of change, difficult for all
the participants and particularly difficult for those who are at
the sharp edge of innovation and reform. I am grateful to
all of my colleagues whom I have relied upon so heavily in
the past year. They have assumed a difficult chore, namely,
the understanding of a system which has been neglected and
which has failed in so many ways, the improvement of that
system, and the commitment to change where it is needed.
As our perception of the many problems sharpens, we can
see that many changes can be made in the administration of
justice which will have a significant impact. However, we
can also see that, in the end, no less than a total re-examination of the criminal justice system will be required. Certainly more money, more people, and more laws may help.
However, they are not a total answer. We must learn to live
with difficult questions as we ask what the criminal justice
system is designed to do. What are the goals of the criminal
justice system? Has the time not come when our emphasis
must be placed on prevention and diversion? The professionals in the system must be involved in this re-examination.
It is equally important that the community take part. It is
our hope that through the vehicle of Regional Justice Councils we will be able to develop a greater .community understanding of the depth of the problem and promote community
participation in the development of a solution.
The Justice Development Commission is a unique North
American experience. For the first time, we are given an
opportunity to do planning and research in the field of the
administration of justice in a co-ordinated way. Police,
Courts, Corrections, and Legal Services are represented on
the planning team. It is clear that program changes in one
area can directly affect the operations of another area. The
biggest example of this can be found in the development of
the Sheriffs' Program in the Courts area to relieve police
manpower. I am entirely satisfied that the first year of this
co-ordinated planning has been an overwhelming success.
Reports of Police, Courts, Corrections, Legal Services, Pretrial Services, Information Systems, Training and Education,
Justice Councils, and the Co-ordinated Law Enforcement
Unit, all of whom are involved in this co-ordinated planning
and research experience, will be found elsewhere in the
Attorney-General's Annual Report.
 T81
PLANNING AND RESEARCH UNIT
Chairman: Malcolm Matheson
introduction One of the key recommendations of the Corrections Task
Force Report of March 1973 was that a Planning and Research Unit should be established within the Attorney-
General's Department. This recommendation was accepted
by the Attorney-General and the Planning and Research Unit
commenced operation in August of 1973.
The first project taken on by the Planning and Research Unit
was a system-wide analysis of the criminal justice system.
This project was to identify problems and priorities for action
across the entire system, which included Police, Courts, and
Corrections.
police Within the police subsystem the key problems were manpower
and the juvenile delinquency problem throughout the Province. The manpower issue appeared to be closely related to
the court situation as a significant percentage of police personnel were being used in court and court-related duties.
courts The next subsystem examined was the Criminal Court, which
revealed a large backlog of cases awaiting trial and a grossly
under-developed court system. It became apparent that having the Provincial Court as a responsibility of the municipalities had resulted in gross under-financing of court operations.
corrections The particular problems experienced in Corrections were large
remand populations in the institutions and the excessive case
loads on Probation Officers. In examining the remand problem, it was apparent that a large part of the overcrowding was
due to the long periods spent in custody awaiting a trial date.
This delay related very clearly to the backlog problem within
the courts.
As the analysis progressed, it was apparent that the courts
had to be the number one priority in terms of development for
the Criminal Justice System. Several of the key police problems were such that they could not be solved within the police
subsystem but had to be dealt with by development within the
courts. One option for the development was alternatives to
the use of police manpower in court. Another was a more
effective system within the Family and Children's Court for
coping with the juvenile problem. Similarly, in Corrections,
the overcrowding in the remand section and the excessive case
loads on probation were in turn related to the court process,
especially the inability to provide trial dates within a short
period of time and to deal expeditiously with probation
violators.
In order to proceed with co-ordinated planning to deal
with the problems and priorities identified by the system-wide
 T 82  • planning and research unit
analysis, discussions were held in late 1973 on the formation
of a Justice Co-ordinating Council and Regional Councils to
provide Province-wide representation. The heads of the
various subsystems engaged in a series of meetings to plan
for the development of the justice system.
planning The Planning Section of the Planning and Research Unit was
assigned the project of planning for court development. A
planning team was assigned to study the financial implications
of court development. This financial study was broadened
to include the costs of forming Regional Justice Councils
throughout the Province and of Manpower Development within the total justice system.
Following the completion of the financial study a proposal
was written for presentation to Cabinet in December of 1973.
This proposal included two major recommendations—the
first, that the Province assume responsibility for the operation
and costs of the Provincial Court and relieve the municipalities
of this operation; the second, that a Justice Commission be
established. The tabling of the Administration of Justice Act
followed in April of 1974. This Act established the Justice
Development Commission with authority for the development
of all aspects of the administration of justice.
Concurrent to these events was a regionalization study carried
out by His Honour P. Millar, a Provincial Court Judge
seconded to the Planning and Research Unit.
Judge Millar, with the assistance of the information system
personnel, focused on the development of regional boundaries
that could be used by all parts of the justice system. The study
resulted in establishing nine justice regions—Island (1), Vancouver (2), South Fraser (3), North East Fraser (4), Okanagan (5), Kootenay (6), Interior (7), Northern (8), and
Prince Rupert (9). Two spin-off developments of establishing these regions were the regionalization of all justice system
resources and the creation of Justice Councils as a means of
communication among the subsystems, the community, and
other Government departments.
For the early part of 1974, the Planning Section focused on
the problems of assuming responsibilities for the administration of the Provincial Court from the municipalities and the
necessary personnel transfers and organizational development.
This was followed by obtaining key personnel for development of the Sheriffs' Service to provide a security and escort
service within the Criminal Courts and in this way relieve a
substantial number of police personnel from court-related
duties. A staff-training program for Deputy Sheriffs was
instituted at the B.C. Institute of Technology.
On the Manpower Development side of Planning a large
percentage of effort was devoted to liaison and joint planning
with Simon Fraser University. This culminated in the establishment of a School of Criminology at that university.   Effort
 T 83   • planning and research unit
was also devoted to the creation of a joint Departmental
planning team involving the Department of Education and
the Department of the Attorney-General, the major focus
being to develop plans for a Justice Education Centre.
The Corrections information systems group focused on
the development of the Corrections information systems and
engaged in a series of studies which resulted in contracts with
quick law systems for revision and development of the programming required in that system. A computer systems
development group was established and subsequently transferred out of the Planning and Research Unit to form a
separate division, the Information Systems Division within
the Justice Development Commission.
The juvenile problem was identified as a high priority, not
only by the Police Services but also by the Courts and Corrections. Consequently, a staff member from the Planning
Unit was assigned to the juvenile problem. There was a
startling lack of statistics on juvenile delinquency. A report
was prepared on the juvenile problem focusing on the number of juvenile cases raised through adult Criminal Court,
many of which were later sentenced to adult institutions.
This report was presented to a subcommittee of Cabinet which
was composed of the Ministers of Education, Health, Human
Resources, and the Attorney-General.
budget     The Budget and Planning Section of the Justice Planning and
and planning     Research Unit is responsible for advising regarding budgetary
methods and assisting all sections of the Department with
respect to fiscal planning and related matters.
During late 1973 and early 1974 this Section prepared a
budget for developments contemplated in the justice system,,
and this was reflected by provision in the 1974/75 Estimates
of a $15 million appropriation for "development of justice
systems." In order to control expenditures in so far as
possible, anticipated spending schedules were prepared in
consultation with the responsible line managers and these
schedules were used to gauge the relationship of current
expenditures to this appropriation.
Assistance was also provided to the Executive Director,
Finance and Administration, in the preparation of the
1975/76 budget, with particular emphasis on the planned
implementation of a system of planning-programming-budg-
eting for a least a portion of the Departmental budget.
research Three major research areas were identified—cross system
co-ordination, consultation, and evaluation. Within these
areas several projects were undertaken for the JDC. The
first involved collection of goal statements from each division
and support service in the justice system. A conceptual model
or matrix of system-wide goals is being developed and will
provide a framework for systems evaluation and the neces-
 T 84 • planning and research unit
sary base-line data. In conjunction with preparing 1975/76
budget estimates, work plans from all divisions and support
services were analysed. This analysis continued to the end
of the year and at present is focused on facilitating identification of JDC priorities in the forthcoming year. The Commission accepted the recommendation to create a Project
Review Committee. The committee is an advisory body to
make recommendations regarding funding project proposals
out of the Justice Development Fund. The committee will
also monitor progress of the projects and review their findings
and recommendations. A first draft of the Guideline Manual
containing policies and procedures for considering applications was prepared and is awaiting comments for revision.
Another major undertaking was the establishment of a
research clearing-house. The first report was prepared in
September and 400 copies were circulated.
summary In summary, the year was primarily a planning year with the
focus on the necessary financial studies required in assuming
responsibility for the courts from the municipalities and
planning for the future development of these courts. Within
these priorities time was also assigned to the Justice Development Commission for completion of tasks as assigned by that
Commission.
 T85
COURTS
introduction The British Columbia courts are facing increased demands for
court services. Increases in crime rates and civil litigation,
and future projections, indicate that the problems now faced
by the courts will continue to escalate if the deficiencies in
court services are not corrected. Increases in the numbers
of civil and criminal cases result in case backlogs, that is, the
courts are unable to keep up to the case loads and justice is
not being dispensed. Over the last two years much new legislation has been passed, including the creation of the Office
of the Rentalsman, and the Rent Review Commission, the
Trade Practices Act, and other Acts which affect court case
loads and procedures. The policies and practices of ICBC
will significantly influence the courts, as will the civil enforcement of fines related to the Summary Convictions Act.
Accordingly, court services must be modified.
Court resources are overtaxed and in some cases inappropriate. The means to plan for and to estimate the impact
of legislation has not yet been developed and therefore
the development of court services lags seriously behind the
changes in demand which result from new legislation and new
law-enforcement policies. Thus, the decreasing ability of the
courts to resolve claims and to administer justice hinders the
efforts of the Police and Corrections. The public and corporate and union clients become discouraged from relying on
the courts to resolve their cases, whether involving civil
disputes or family and juvenile matters. The respect which
the public has for the courts is diminishing, and this is true
particularly in the case of those having occasion to appear in
Criminal Courts, either as the accused or as other members
of the court proceedings. Unless the courts are given the
resources necessary to provide adequate justice services, more
people will seek alternative means of resolving conflict, and
respect for law will be reduced.
The courts are unable to meet the demands placed on them
as they do not have enough qualified staff, they lack appropriate administrative procedures and information systems, and
they lack adequate facilities. There are insufficient numbers
of qualified Court Administrators, Court Clerks, Court Reporters and Recorders, and Crown Counsel. In many areas
of the Province there is an almost complete lack of lawyers.
The administration of the Courts was fragmented prior to
April 1, 1974, with the Province sharing responsibility with
municipalities for the administration of the courts. The
Province's responsibilities were carried out by both the Department of Finance through its Government Agents, as well
as through the Department of the Attorney-General.
The Administration of Justice Act, which came into force on
April 1, 1974, established the Justice Development Commis-
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 T 87   ■  courts
sion with the fundamental objective of improving the quality
of civil and criminal justice throughout the Province. The
mandate of the Commission was to develop co-ordinated plans
for all aspects of the justice system and to carry out research
and planning to that end. The findings were to be implemented in the form of pilot projects as well as over-all system
changes. The Province assumed full responsibility for all of
the courts from the municipalities, and, for the first time, the
Department of the Attorney-General found itself in a position
where it could plan for the entire court system. Prior to
April 1, studies had been carried out to determine what would
be involved in the assumption of responsibility for the courts,
and strategies were developed to transfer that responsibility
with the least possible disruption of the court services. After
the initial work had been carried out to facilitate the transfer
the mandate of the Courts Division of the Justice Development Commission covered three general areas:
1 The co-ordination of existing court services
2 The improvement of present court services
3 The development of new court services.
In order to co-ordinate the present court services, nine court
regions were established in the Province, and Regional Administrators were appointed to supervise the administration
of all of the courts. Work has been carried out with the
Department of Finance to transfer all of the responsibility
of the Government Agents in the area of court administration
to that of full-time Court Administrators. The services provided by Court Reporters and Court Recorders, Sheriffs, and
Crown Counsel, as well as the development of court facilities,
are all being effected on a regional basis.
In order to improve the present court services, more legally
trained prosecutors are being appointed in all areas of the
Province, additional administrative staff are being recruited
and trained, court procedures are being standardized, Court
Reporters/Recorders are being provided to cover all court
proceedings, and Sheriffs are being retained to provide services
to all of the courts. As a result, the police, Judges, and
lawyers are being relieved of administrative and other court
functions, enabling them to spend more time in those areas
where they are professionally required. Preliminary information systems are being built for case management, court
management, and court planning purposes. Interim improvements are being made in court facilities.
The existing court services are being reassessed by the
Justice Development Commission and by the Royal Commission of Family and Children's Law, and court procedures are
being reviewed by the Rules Revision Committee on Supreme
Court Rules. Other special projects are being carried out to
look specifically into special types of court cases, including
municipal by-law violations, traffic violations, and drug and
alcohol offences.    Administrative procedures and court ser-
 T88  • courts
vices are being examined with a view to providing better
services for the public bringing cases to the Small Claims
Court for resolution. In 1973 about 44,000 cases were
processed through the small claims system, with a projected
minimum of 100,000 cases in British Columbia. Other
projects focusing on the extension of court services to include
those accused of criminal offences, whether in custody or not,
and to those proceeding with civil litigation are being examined. Means by which those cases which can be resolved
better by other service agencies are being assessed. Pilot
projects are being designed for implementation over the next
fiscal year.
The organization of the courts, County, Provincial, Supreme, and Appeal, and the distribution of these court services
throughout the Province, is under full review, as are the
services which are provided to these courts. Court administration and information systems are being assessed, including
cost accounting procedures and case management.
It is the intent of the Courts Division to redesign the court
services in order to provide equal access to high-quality services to every citizen in the Province, and to develop the
capability to manage all of the court resources in the most
efficient way possible. To that end the feasibility of having
the County, Provincial, and Supreme Courts share common
facilities and common administrative and support services is
being explored in all of the court units in the Province, taking
into account any recommendations which may be made by the
Royal Commission of Family and Children's Law.
The present distribution of court services in the Province
has not developed in accord with the development of regions
and communities. Many areas of the Province have little or
no court services available, while in other areas the court
services are over-centralized. Along with the centralized
court services, there is a centralization of legal services, and
the disparity of services received by the various communities
in the Province is increasing rather than diminishing. The
development of court services has also not been co-ordinated
with that of the other justice and social services. The planning studies are designed to determine a new distribution
pattern for court services.
The following are brief reports covering all of the major areas
of work being undertaken within the Courts Division, including court administration, court reporting and recording,
Sheriffs' Services, court statistics, court facilities, and court
planning.
COURT ADMINISTRATION
Delay in both criminal and civil proceedings in the larger
courts is the most critical and difficult problem in the area of
court administration.   Delay has been a continual source of
 recommendations
T 89  •  courts
frustration to Judges, lawyers, police, and member of the
public who are involved in the court process. Unreasonable
delay almost invariably means injustice, with prejudice to one
party or the other. In criminal matters many accused persons
are held in custody awaiting trial for an unnecessary period of
time. When the accused is out of custody the prejudice
usually accrues to the Crown. In a civil law suit, where the
time to trial ranges from one to four years, delays are due not
only to outmoded administrative procedures but also to questionable procedural formalities.
The problem, as seen by the Commission, was basically
the use of outmoded methods of court administration, and in
that regard certain recommendations were made.
The first recommendation made to the Attorney-General early
in 1974 was:
". . . that the Attorney-General establish a court administration system for the management of all courts, which, when
implemented, would have in addition to the traditional responsibilities, the clear and unequivocal responsibilities for:
1 The co-ordination of trial schedules; and
2 Caseflow management."
In response, the Attorney-General established the office of
Chief Court Administrator for the Province. Nine Deputy
Regional Administrators were appointed to the following
court regions:
1
Vancouver Island
6
Kootenays
2
Vancouver
7
Interior
3
South Fraser
8
Prince George
4
Northeast Fraser
9
Prince Rupert
5
Okanagan
The Administrator's co-ordinate trial schedules and manage
case flow. In carrying out his duties the Administrator must
have the co-operation of Judges, Crown Counsel, members
of the private bar, the Sheriffs, and all persons working within
the Court Registries.
projects     The following projects have been completed by the Court
Administration staff since March, 1974:
1 Assumption of responsibility for Provincial Courts from
the 44 municipalities throughout the Province
2 Establishment of the B.C. Institute for Court Management
3 Establishment of special clerk categories and pay structure
for court personnel, acceptable to both the Public Service
Commission and the Union of B.C. Government Employees,
and the placement of all personnel within the above pay
categories
4 Development of annual regional budgets and an annual
Provincial budget
 T 90  •  courts
5 Survey of all Small Claims Court Registries in the Province by the Small Claims Consultant. A full report with
recommendations has been submitted
6 Organization of a headquarters staff comprising specialists
within the various courts and court divisions
7 Assisting the Unified Family Court administration staff to
establish administrative procedures for the pilot court projects
under the direction of the Royal Commission of Family and
Children's Law.
One of the basic objectives in 1975 will be the establishment
of an efficient well-trained staff in each Court Registry fully
aware of its responsibilities and capable of using modern
management methods in the administration of justice. To this
end the Chief Court Administrator established the Institute of
Court Management on July 15, 1974, the primary concern of
which is the standardization of procedures in the various Court
Registries, the publication of manuals pertinent to such procedures, and the training of all levels of registry staff. The
institute is an ongoing process which is expected to produce
a competent court administration staff able to free other court
officers from the everyday management of the courts so that
their full attention can be directed to their other responsibilities.
The administration of 36 Supreme and County Court
Registries has for many years been Capably carried on by
the Government Agents throughout the Province. During
this time, however, the other duties of Government Agents
have multiplied, and it is felt that both their responsibilities
and the ends of justice will be better served by having the
administration of the Supreme and County Court Registries
integrated into the general court administration system.
Many discussions have taken place with the Government
Agents in order to transfer the responsibilities for the 36
Supreme and County Court Registries to the Regional Court
Administrators by April 1, 1975.
In the area of court administration, the Commission anticipates that by early 1975 it will have accomplished a major
step toward the integration and unification of the court
structure throughout the Province.
COURT REPORTING
Among the added responsibilities assumed by the Province in
1974 was that of providing a complete rather than a partial
service of verbatim reporting to the courts. British Columbia
regulations governing court reporting had previously not made
it mandatory to cover the whole range of criminal and civil
trials. Approximately 80 per cent of the minor cases in one
particular area were tried without benefit of court reporter
or electronic recording.
 T91   •  courts
Budget considerations kept the Official Reporter Branch
woefully understaffed until a new concept was introduced by
the Justice Development Commission. In return for an
assurance that staff increases would be permitted where the
need was proven, the Commission accepted from a court
reporting task force the following objectives:
1 To so expand the Official Reporter Branch that no one
stands trial at any court level in British Columbia without
there being a verbatim record of the proceedings, on paper
or tape, and a transcript if required
2 To ensure that no one's appeal or trial is delayed by any
unreasonable tardiness in delivery of transcript.
In April two tasks were outlined—to achieve a workable
absorption into the Attorney-General's Department of all
court reporting services in the municipalities; and to expand
the number of reporters and recorders so that, in contrast
with the past, all County Court civil trials and all, rather than
a portion of, criminal trials, including summary conviction
trials, would be matters of verbatim record.
By year's end the objectives were, broadly speaking, being
met, with this reservation: As soon as a fair balance between
numbers of reporters and volume of court work seem to be
near to achievement, the work load and the pace of court
work are stepped up. The attack on the backlog of work
in the courts ensures this state of affairs continuing into the
foreseeable future.
Justice Development Commission research led to the conclusion that a reporting service utilizing verbatim reporters for
high-transcript volume jurisdictions and electronic recorders
for low-transcript volume courts is the most efficient and most
economical court reporting system. In a crash program to fill
the existing gap, the Branch has recruited trained Court
Reporters (some from the United States, there being a serious
shortage in Canada) and has trained local people as Court
Recorders.
training
of reporters
and recorders
The long-term program provides that British Columbia train
all its own reporters and recorders. To this end a full-time
20-month course in court reporting started in January 1975
at the Langara Campus of the Vancouver Community College.
It has the distinction of being the first Reporter School to
teach stenotype (machine shorthand) adapted to be computer-
compatible. This involved considerable rewriting of the
standard textbooks.
This innovative course is part of the plan for preparing
British Columbia to take early advantage when the recent
breakthrough in computer-aided transcription of reporters'
machine shorthand notes comes into courtroom usage.
Advances in audio-visual recording for use in court procedures and more particularly for pretrial examinations of
witnesses not available for trial are being watched in order
 T 92  • courts
to make appropriate recommendations when considered
timely.
It is hoped that in British Columbia a standardized transcript format will be designed for use in every court from the
lowest in the Province up to the Supreme Court of Canada.
If proposals put forward by the Court Reporter Branch prove
acceptable to all the jurisdictions involved, this will mean the
streamlining of transcript production in cases going through
various stages of the appeal process, the objective being a
reduction in both cost and time of production.
Work is in progress to provide better in-service training of
staff and standardized administrative procedures.
SHERIFF SERVICES
Traditionally, the Sheriff in British Columbia provided services within the courts chiefly in civil causes. In December
1973 the plans for expanding the role of the Sheriff were first
formulated. At that time there were 9 Sheriffs, 22 Deputy
Sheriffs, and 49 Sheriffs' Officers. The plans of the Justice
Development Commission included the establishment of nine
court regions in the Province. The Sheriffs were not only to
continue their involvement with civil causes in these regions
but to take on new tasks that were being performed by the
police in the Criminal Courts.
goals     The stated goals of the Sheriffs' service organizations were:
1 To execute and serve orders of the court fairly and
efficiently.
Civil Causes:
Suitor's process
Writs and warrants of execution
Warrants to arrest ships
Sheriffs' sales
Writs of replevin
Arrests on warrants of commitment
Criminal Causes:
Criminal summonses and subpoenas*
Arrests on warrants for nonpayment of fines*
Assistance to Motor-vehicle Branch:
Service of suspension notices*
Pick up suspended licences*
2 To perform impartially such court support duties as may
be prescribed by the courts and legislative authority.
Jury Panels, Criminal and Civil:
Prepare attendance lists
Summons day, provide services for juries
Seclude and guard juries
* New duties since April 1, 1974.
 T93   •  courts
Witness:
Notify all Crown witnesses and confirm attendance in court*
Supervise and protect accused*
Protect public attending court*
Separate and protect witnesses*
Arrest on order of the Judge (contempt)*
3    To provide an effective, efficient, and secure escort service.
Accused:
After arrest between lock-ups*
From lock-up to court*
Remand accused*
After sentence*
Mental Patients:
Commitment under Mental Hospitals Act*
On court order*
Witnesses:
When ordered by court*
* New duties since April 1, 1974.
A preliminary survey indicated 308 additions to the Sheriffs'
strength would be necessary to replace police performing
court duties, serving criminal documents, and escorting persons. Subsequent studies have established that a total of
442 additional personnel are needed to cover tasks previously
performed by Sheriffs, civil process servers, civil court attendants, and police men and women.
sheriffs'     A training program was set up in conjunction with the British
training     Columbia Institute of Technology in Burnaby, and the first
program     class graduated July 5, 1974.   Since that date five additional
classes have graduated and as of January 1, 1975, there were
nine Sheriffs and 246 Deputy Sheriffs.
The basic training course is presently six and one-half
weeks, with the syllabus including 15 hours orientation, 22
hours interpersonnel relationships, 60 hours Sheriffs' skills,
and 71 hours Sheriffs' knowledge.
All Deputy Sheriffs are trained in the use of revolvers, but
only in exceptional circumstances are arms carried, and then
only with the approval of the supervising Sheriff. Restraining
devices are held at each office, and handcuffs are a personal
issue to each Deputy Sheriff.
It is planned to have 320 Sheriffs and Deputy Sheriffs on
strength by March 31, 1975. The total strength of 442 will
be reached November 12, 1975.
The role of the Sheriff may be expanded to free the police
from their duties in the holding of accused persons for trial.
The next step would be to have the Sheriff services operate
lock-ups now being operated by the police. This concept is
presently under review and should plans to extend the Sheriff's
role be developed, the recruiting and training of Deputy
Sheriffs for these positions would commence in late 1975.
 T 94  •  courts
COURT STATISTICS
When the Courts Division of the Justice Development Commission started its work on April 1, 1974, it was apparent
that the historical information available on the court system
in British Columbia was an inadequate base upon which to
plan or administer the delivery of court services. The
statistics that had been gathered in the years prior to 1974
were limited in scope, ill-defined, or inappropriate for general
application.
This critical lack of accurate information was a result of
the fragmented court structure that existed in British Columbia prior to 1974, which saw the administration of the courts
being divided among the municipalities, the Department of
Finance, and the Attorney-General's Department. As a result,
it had been impossible to develop a uniform statistical reporting system to measure the work load of the courts.
When the management of all the courts had been consolidated within a single administrative system, it will be possible
to adopt standardized administrative procedures and to
develop a consistent flow of detailed information on the case
load and trials processed through the court system.
The Courts Division has commenced long-range planning
for a Province-wide court information system. Systems
analysts and computer scientists have been assigned to supervise the planning activities and to ensure that any changes in
in the present administrative methods are compatible with
the design for the future information system.
project In response to the immediate need for information on the
operation of the court system, the Courts Division instituted
a number of short-term projects in the spring of 1974.
1 Civil Litigation Case Study
This project gathered detailed information on approximately
one-third of all civil cases initiated in 1970 in the Supreme
and County Court Registries in British Columbia. The information has been supplemented by a sampling of civil cases
initiated in 1973 in the Supreme and County Courts in Vancouver. The results of this research have been programmed
for computer analysis and have been used to identify areas of
delay in the civil court process for courts planning purposes
and for related studies.
2 Provincial Court: Criminal Case Survey
This project commenced with an intensive study of the Provincial Courts in the Lower Mainland and on Vancouver
Island to determine the volume and composition of the case
load of these courts. The study included complete details on
the volume of various types of offences, methods of disposition, the sentencing for each offence, bail information, and
other relevant data. The basic aim was to define the existing
situation in the Provincial Court system so that problem areas
could be identified and solutions developed.
 T 95  • courts
3 Analysis of Trials: Law Courts, 800 West Georgia Street,
Vancouver
A detailed study of the trials held in the Supreme and County
Courts in Vancouver during the period from January 1, 1973,
to December 31, 1973, was conducted during the summer
of 1974. This work was done because of the important role
which the Vancouver Courthouse has in the delivery of court
services in British Columbia. The Vancouver Courthouse
processed approximately 70 per cent of all Supreme Court
civil actions (excluding divorce and matrimonial) in British
Columbia during 1973 and 49 per cent of the Supreme Court
criminal trials. The information acquired from this research
was used to assist in the detailed planning for the new courthouse on Block 71 and for Province-wide courts planning.
4 Special Projects
A number of specific short-term projects has developed as a
result of the research performed during the summer of 1974.
One problem which was quickly identified was the lack of a
standardized format for the Information Form used in criminal cases. A new Information Form has been developed for
use in Criminal Court proceedings and is currently being
tested in a pilot project at the Provincial Court in Burnaby.
It is expected that the new information form will be the basis
for a Province-wide information system. A similar project is
under way on the civil court side relating to the function of
cause books in the Supreme and County Court Registries.
It is recognized in the Courts Division that effective court
administration requires appropriate manual and mechanized
information systems to provide the continuing volume of comprehensive and up-to-date case load information. These data
are particularly necessary for trial scheduling purposes and to
minimize the time lost by Judges, lawyers, Court Reporters,
police, and members of the public who are involved in the
court process. While any large-scale application of a
mechanized information system to the courts must await final
unification of all of the Court Registries, it is clear that the
advanced planning and design for a court information system
must be significantly expanded in 1975. If the court system
is going to meet the challenge of increasing crime and rising
demand for court services, then the court administration and
court planning and case management must be supported by a
modern information system.
COURT FACILITIES
survey In early 1974 a survey of court facilities in the Province was
conducted in order to identify the space used for court purposes, to provide a preliminary assessment of the suitability
and adequacy of the space, and to provide a base for future
planning. The courts were hearing cases in 125 facilities in
82 centres on a scheduled basis, and occasionally in approximately 40 other locations.    About 730,000 square feet of
 T96  •  courts
space was being used. The preliminary assessment indicated
that about 55,000 square feet (7 per cent) was considered
sutiable and about 200,000 square feet (27 per cent) could
be renovated. It was also estimated that double the existing
space would be required, approximately 1.5 million square
feet, if current court services were to be appropriately housed.
Recent studies show the early assessments to be low by at least
25 per cent. In short, only about 15 to 20 per cent of the
required court space is available, assuming the planned renovations are feasible.
In addition to the lack of proper facilities, surveys showed
that other problems existed. Forty-eight of the facilities were
provided by municipalities and many of these courts were
housed in police and civic buildings. Most of the municipalities require the space occupied by the courts for other
uses. As a result, the Province, since it has assumed municipal responsibilities for the courts, will be required to replace
nearly all of the municipal court facilities within the next three
to five years.
The changes which were or are being contemplated by the
Department of the Attorney-General in the areas of court
services, court administration, and information systems, and
in the organization and distribution of court services, made it
necessary to completely reassess the types of court facilities
being built. A means by which these changes in services
could be taken into account in the design of courthouses had
to be set up. The court facility survey indicated the need to
plan changes to existing facilities and the design of new
facilities in a manner which would enable those working in
the court to participate in the change and design process.
Community variations had to be taken into account. Procedures whereby capital assets and expenditures could be
monitored and whereby the costs and scheduling of projects
could be controlled had to be set up if a capital program of
the magnitude necessary were to be undertaken.
Based on the above findings, the Justice Development Commission set up a Court Facilities Group in May of 1974. This
group has been responsible for developing policies covering
the design of facilities and identifying court facility projects
which required immediate attention, and assisting in bringing
about the improvements, guidelines, and space standards for
new facilities which are being drafted based on new court
service concepts. Capital expenditure estimates have been
prepared. All of the facility projects are being carried out in
conjunction with those providing court services.
policies     The major policies with regard to court facilities are:
1 All courts, no matter what their jurisdiction, should have
an equally high quality of facilities and services.
2 Wherever possible, all courts, Provincial, County, and
Supreme, are to be housed in the same facility.
 T 97  • courts
3 All courts are to be separate from the police and other
Government offices to make apparent and to ensure the independence of the courts.
4 All of the court services and staff are to be appropriately
housed.
5 Courts are to be located to ensure equal access to all
members of the public, and the facility should property reflect
the position and purpose of the court in the community and
the philosophies on which the court services are based.
projects As of December 1974 the Court Facility Group had 65 court
facility projects under way. The required actions had been
identified and this work is being carried out with assistance
from the Department of Public Works. Most of the projects
involve minor modifications to existing facilities, the rental
and improvement of short-term space, and land assessments
where new facilities will be required. The following court
facility projects have been completed:
1 Renovation of Existing Court Facilities:
Duncan Kimberley Powell River
Prince George Coquitlam
2 Renovation of Rented Space for Court Services:
Duncan Campbell River Richmond
Burnaby                         Port Coquitlam Prince George
Sparwood                        Cranbrook                    Fernie
Castlegar                       Squamish 100 Mile House
3 Planning Complete and Construction Under Way or
About to Commence:
Fort St. John
Burns Lake
Prince Rupert
Matsqui
North Vancouver
Port Alberni
Kimberley
Revelstoke
4    Other Planning
Vancouver
Langley
White Rock
Salmo
Nakusp
Merritt
Alexis Creek
Victoria
Salmon Arm
Fort St. James
Hazelton
Sechelt
Clinton
Dawson Creek
Kitimat
Smithers
Chilliwack
Powell River
Kamloops
Vernon
Courtenay
Projects Under Way
West Vancouver
Richmond
Cranbrook
Nelson
Grand Forks
Chase
Nanaimo
Maple Ridge
Princeton
Mackenzie
Houston
Lillooet
Quesnel
Masset
New Westminster
Hope
Campbell River
Golden
Penticton
Rossland
Delta
Surrey/Cloverdale
Creston
New Denver
Williams Lake
Clearwater
Anahim Lake
Mission
Fort Nelson
Vanderhoof
Stewart
Queen Charlotte Islands
A capital expenditure program has been prepared on the basis
of expected changes in court services and on improved utilization of the existing facilities. If all of the expected court
facility requirements were to be met, it is estimated that 64
  T 99   •  courts
new buildings, 17 courthouse renovations, 14 Government
office building renovations, and 16 rentals, a total cost of
approximately $140 million, would be required. In addition
to this about $60 million is to be spent on the new Vancouver
Courthouse. The capital expenditure estimates cover a period
of five years and the estimates are in the process of being
reviewed.
In the design and provision of courthouses, the Court Facilities Group will continue to work with all those providing,
administering, and developing court services, and those working on the other components of the criminal and civil justice
systems related to the courts. Procedures will be set up with
the Department of the Attorney-General whereby the court
facility requirements can be continuously reassessed in light
of changes affecting court services.
COURT PLANNING
In June 1974 the Court Planning Group was established to
prepare long-range plans for court services and facilities. The
experience gained through the court facility inventory and
other studies of the court services indicated that there was a
lack of information on which plans could be formulated.
The case load handled in the Provincial, County, Supreme,
and Appeal Courts could not be quantified. Little was known
about the distribution of the cases throughout the Province.
The resources required to accommodate the case load properly
were unknown. The distribution of both staff and facilities
did not coincide with the volume of court work in the various
centres in the Province. The development of new court units
appeared to bear little relation to present demands for services
and did not take into account possible future demand. There
was an almost complete lack of planning information and
procedures.
The purposes assigned to the planning group were:
1 To identify the volume of criminal and civil cases which
were handled by the Provincial, County, Supreme, and Appeal
Courts at each major stage in the court process
2 To ascertain the human resources now being employed to
process the case loads in each court unit and for the major
stages in each court process, placing special emphasis on
courtroom procedures
3 To identify the populations served by each court unit and
to relate the case loads to population characteristics wherever
possible; to conduct special studies to attempt to explain
variations in case loads in the different court service areas
4 To identify those other components of the civil and
criminal justice systems which directly affect the case loads
going through the courts and qualify and quantify wherever
possible the impact that changes in the court-related systems
would have on the generation of case loads
 T 100  •  courts
5 To assess the suitability and effectiveness of present court
services to resolve conflict, to administer justice, and to protect
society with regard to criminal court proceedings, and to
resolve interpersonal problems; working with the other components of justice services and with other human services,
alternatives considered to be more appropriate would be
recommended and pilot projects established to test alternatives
6 To relate wherever possible court case loads and services
to the services being provided and planned by other Departments delivering human services—health, mental health,
education, manpower; the results are to be used to assist in
planning court services
7 To relate the development of court services to economic,
regional, and community development plans in order to coordinate the rate of the developments and to estimate the
demands for court services.
The first task of the Court Planning Group was to assemble for
each justice region a preliminary inventory of the size and
growth of the population served, court staff, facilities and
services, and data relating to other justice services, staff, and
facilities. This report was published in November. During
the summer months detailed studies were carried out to determine the case loads in all of the courts in the Lower Mainland,
which represent more than half of the total volume of court
work in British Columbia. These studies are to be expanded
to cover the remainder of the courts, and the criminal case
loads will be related to data gathered by the Police Services
and the Corrections Branch and the means by which the impact of legislation covering motor-vehicle cases, landlord and
tenant cases, and civil enforcement of fines are to be set up.
The work of the Royal Commission on Family and Children's
Law is being monitored and the existing court loads defined
in order to assess the impact of the recommendations of the
Royal Commission on the existing court system.
The second phase of work is to assess existing court services. This will involve relating detailed population characteristics, case-load data, and present facilities and personnel
within each individual court service area. The directions being taken and the recommendations which are being made by
the Federal and Provincial Law Reform Commission, the
committee reviewing court rules, and the findings of other
special study groups will all be related to the development of
the courts.
Detailed population profiles of each region have been compiled from census data showing age/sex groups, education
and income levels, occupations and unemployment, marital
status and family size, ethnic groups and immigration patterns,
and housing characteristics. Comparative analysis of the
population profiles of court service areas and regions has
begun, supplemented by planning reports from other human
resource agencies.
 T101   ■
PRE-TRIAL SERVICES DIVISION
Director:   Robert J. Lemiski
The expression "pre-trial services" is a relatively new one
even to those familiar with the Canadian justice system, and
thus the Pre-trial Services Division had as its first task the
development of a functional definition of this term. The
development of such services has taken place ,in the United
States over the past several years with much success. This
has resulted in the establishment of pre-trial centres or institutions as legitimate, operational organizations.
The expression "pre-trial" has in fact come to be used
too broadly because the services relate only to the criminal
justice system and not to civil matters. A simple introduction
to the entire subject is given by asking this question: What
kinds of services should be provided (and how and by whom)
to a person who has been arrested and (or) charged with an
offence, from the point in time of that arrest and (or) charge
to that point in time when the charge (or potential threat for
same) ceases to exist, either as a result of prosecutorial discretion (policy) or judicial determination (law)?
It has become obvious throughout North America that
most serious problems in the criminal justice system arise
within the above-mentioned time-span. It is here that the
increasing case load results in a diminishing measure of justice
not only for the accused but also for society. The accused
is often simply superficially "processed" and ends up in the
revolving door that returns him again and again to the courts.
Society is confronted with incredible costs and delays in trial
procedure, totally confusing representations of justice, and is
left in many cases feeling very uneasy and dissatisfied with the
courts.
The provision of efficient, total pre-trial services narrows
these problem areas by bringing reality to what has become
a very artificial adversarial system. The accused's rights are
supported by real services rather than mere rhetoric. This in
turn allows the system to operate in an atmosphere of sensibility instead of one of vengeance or pity.
The Pre-trial Services Division is engaged in identifying
the Province's pre-trial clientele and developing a profile of
its service needs. It is drawing together those services presently available and evaluating them. These include public
information (specifically relevant to criminal justice procedure), police and prosecutorial discretion, custodial (lockup/remand) assessment, bail assessment and supervision,
professional assistance, trial progress, etc.
As a kind of "cross-systems catalyst," the Division must
work with all the components of the criminal justice system
to develop a comprehensive set of services. The Division is
not presently envisaged as being a new operational component
but rather is a development co-ordinator and consultative
 T 102  • pre-trial services
resource for the traditional components, to increase the range
of services in the system, and encourage community-based
resolutions to criminal problems.
Throughout the fall 1974 the Division conducted a major
examination (the Autumn Project) of the "front-end" of the
criminal justice system in the Greater Vancouver area. The
focus was on persons making their first appearance in Provincial Criminal Court in custody. Present treatment of and
services available to such persons were evaluated and at the
same time new services were provided. Extensive analysis
of this project is almost completed and a major report will
follow. The Division is working with several other divisions
of the Commission to facilitate new projects. These include
studying with Crown Counsel experimental forums for resolving criminal conflicts, participating in the planning and development of custodial facilities with Corrections' teams, and
assessing the availability of legal assistance with Legal
Services. In addition, workshop programs for persons involved regularly in the criminal justice system are being
developed.
 T 103
INFORMATION SYSTEMS DIVISION
Senior Project Director:   W. B. McMinn
divisional As of January 1975, the Division is a small planning group of
overview 10 systems specialists, formed within the Justice Development
Commission. The unit is expanding and becoming a division
of the Department of the Attorney-General. At present the
emphasis is on computer feasibility and systems design; later
the emphasis will be systems operation and database service
to users.
objectives The Division has four objectives, all on behalf of users across
the Justice System and the Department of the Attorney-
General :
1 Provide to management users a systems design service
group capable of developing manual and computer-based
information systems. The users are considered to be at three
levels of interest, namely, day-to-day operating, management
review and analysis, and forward planning. They are considered to be in all agencies of the Justice Development Commission, as well as other offices of the Attorney-General's
Department. Whenever possible, users are to be considered
collectively, and information systems are to be based on a
systems-wide approach.
2 Provide to management users an advisory service on technical feasibility and design approach.
3 Provide in consultation with management users some leadership in the "information science" and "operations research"
fields to identify opportunities for management information
techniques, and practical constraints. This would include
evaluation of other management information systems (MIS),
attempts in other jurisdictions, and potentials for simulation
modelling.
4 To acquire and operate the gradual build-up of hardware
facilities capable of providing the MIS needs to users on a
reliable interactive basis; this would include the data collection at central information centres, key-punching and editing,
as well as processing through terminals, remote-job-entry
stations (RJE), and batch processing facilities. The Division
is taking the view that other large-scale computers will be
used as "hosts" through RJE terminals for the entire development period of 1975 and 1976. Eventually this policy will
need to be reassessed, since total justice usage will overload
any of the present hosts and also bring special operational
problems of data security in police applications.
program     The Divisional objectives are, to a great extent, of a service
overview     nature and therefore depend on some initiative on the part of
the user;  to that extent divisional work plans must be co-
developed with users.   It is taken for granted that all components will need management information systems, but the
 T 104  ■  information systems division
timetable and scope of those systems is to be determined in
feasibility studies. Hence the work plans of the Division
include approximately 20 feasibility studies to be followed
by a priority-setting exercise. This would result in work plans
for five to ten development projects for major subsystems and
interfaces, depending on funds.
In addition, the Division's responsibility to provide some
leadership in applying techniques of modern management and
management information systems requires activities of a research and planning nature. These, too, must be co-ordinated
with the users in the latter stages. Generally, the activities
amount to reviewing documentation of other jurisdictions and
participating in high-level policy discussions about reform in
all components of the justice system.
major     An over-simplification of the major tasks follows.    These
tasks     major tasks are not discrete items that occur one after another
in a timetable.    Instead they overlap with each other in a
series of partial tasks that can be commenced but not finished
until certain other tasks are commenced.
1 Take stock of environment, capabilities, requirements
2 Acquire nucleus of project staff
3 Conduct benefit costs—feasibility studies of each potential
application
4 Conduct priority setting discussions
5 Acquire development teams
6 Define new systems
7 Develop new systems
8 Test and install new systems.
The minor tasks within each of these major tasks varies with
each computer application as does the timetable; both the
minor tasks and timetable depend upon the scope and technical involvement of each application. Individual projects vary
from a duration of two months to a duration of two years at
costs between $10,000 and $1 million.
The following list represents the applications for systems
design that are presently under way:
police     1    Index inquiry system for police files:
System to be developed on a pilot basis and installed first in
Vancouver. This system is intended to be packaged and
eventually implemented at other detachments, and connected
through a Provincial network.
2 Monthly police statistics on criminal activity:
A Province-wide analysis of Statistics Canada reports, to be
later amended with new requirements for specific local objectives.
3 Development of an integrated database of criminals, suspects, stolen property, etc., to support the needs of local
police detachments and CLEU:
 T 105   •  information systems division
The project is in the early conceptual stages awaiting a more
precise definition of requirements and a better understanding
of the potential of Canadian Police Information Centre
(CPIC), for these same purposes.
4 Police skills inventory database:
This is a low scale project for record-keeping of police skills
through special classes at the Academy. The intent is to have
an immediately available snapshop of all officers skilled to
undertake any assignment. Conceptual planning has begun
and functional specifications are due shortly.
5 Access to vehicle and driver database at Motor-vehicle
Branch and the Insurance Corporation of British Columbia:
Current problems are gradually being resolved through the
efforts of MVB and ICBC. The next major phase is to provide access to all police detachments, possibly through CPIC
or other communications facilities. Discussions as to long-
range approach have begun.
corrections     1    Management information system for Corrections planning
and operations:
This project represents the development of an entirely new
system for Corrections, based on a wider scope and a one-year
design timetable. A user survey has identified the user needs,
and a functional description is in preparation.
2 Revisions to present corrections information system:
Serious consideration is being given to freezing the present
system in spite of its shortcomings, in order to place all development capability into the new system. An issue at present
is the current cost of maintaining the present system in light
of the inconsistent user opinions as to the accuracy and value
of the information.
3 Statistical analysis of Corrections database:
Conceptual discussions have indicated the need for new statistical analyses of the Corrections database for planning of
pre-trial  services.     Program  specifications  for  a  one-shot
analysis from the old system are under development.
courts     1    Statistical analyses of civil court activity:
Programs have been completed for the analysis of activity in
the civil courts. The input to these programs was developed
manually by summer students. Requirements for new
analyses, and for additional activity to be analysed, are establishing a need for new programs.
2 Statistical analyses of criminal court activity:
As with civil courts, the statistical programs need extensions.
3 Management information systems for Unified Family
Court:
The concentration in the past two months has been on the
counselling segment of the Unified Family Court. A counsellor case-load inventory was carried out to determine the
counsel information requirement. Draft forms were designed
and approved for collection of the information.  The project
 T 106  ■  information systems division
is now in the implementation stage of producing a monthly
case statistics report. Further changes to these reports are
expected as line supervisors become aware of this information.
4 Court information system for Vancouver Provincial
Courts:
An in-depth cost feasibility study is under way to consider
the short-term development of an information system to assist
present operating requirements. Recognizing the need for a
long-term integrated system as per items 5 and 6 below, this
feasibility study is particularly concerned with short-term
benefits and short-term costs, and would only proceed on a
trial basis.
5 Integrated courts information system for civil courts:
This project represents a large-scale, long-term development
of a major system to serve both the operating and management
needs of the courts. Conceptual planning has begun, but
fundamental planning by the users is necessary before functional specifications can be established. Reports of other
jurisdictions throughout North America have been obtained
and others are being sought through Law Enforcement
Assistance Administration. Discussions with key users to
establish their management objectives, facilities, and procedures are scheduled for the spring months.
6 Integrated courts information system for criminal courts:
This project also awaits a better definition of the organization
of court administration. This also needs definition. Discussions to identify the needs of a long-term development plan
are intended for the spring months. Implementation of a
major new system for criminal courts cannot be anticipated
until 1976 at the earliest.
7 Redesign the information sheet:
The pilot project in Burnaby has been running with only a
few minor problems and the use of the form for "laying of
charges" has now been terminated. Necessary changes have
been made to correct shortcomings that were detected during
the pilot. Interviews with all persons concerned in the
handling of the form is being carried out and a preliminary
report will be available. For a final evaluation all the forms
will have to be filtered through the court process. Arrangements for a meeting with Statistics Canada are being finalized.
delivery     1    Legal Aid information system:
of legal This system is in the early planning stage at the moment. It
services is taken for granted that the activity in this area will need to
be recorded, and since the clients are the same clients in the
Courts, Corrections, and Police Services, it is likely that a
minor extension of other systems can serve to record this
activity. In addition, the total systems approach would require that the Legal Services activities be part of any client-
oriented database.
 T 107  •  information systems division
2 Simulation modelling in the Law Reform Commission:
The Law Reform Commission has developed a simple linear
flow model for their activities and has asked the Justice Development Commission to assist in the technical aspects of building a model on a computer system. The project team is at
the moment attempting to determine the scope and complexity
of the model in order to understand the magnitude of any
supporting resources.
3 Legislative drafting:
At the present time proposals are being considered for an
extensive use of computers in connection with legislative drafting. This extensive use will bring together the Legislative
Counsel office, the Queen's Printer, and local printing firms,
if economically feasible. At present, computer terminals are
being used to conduct searches and to manipulate legislative
drafts, through facilities provided in Ottawa, where the British
Columbia Statutes are resident in a computer.
Other applications that appear economically feasible at this
stage and likely to be undertaken in the near future follow.
These applications have been given considerable study in other
jurisdictions but have not yet resulted in serious development
activity in British Columbia.
1 Participation by British Columbia in the justice simulation
model of the Federal office of the Solicitor General
2 Development of a British Columbia simulation model
3 Basic information system for the delivery of legal services
other than legal aid
4 Development of a computer system to assist Court
Reporters
5 Computer information system, both inventory and utilization of justice facilities.
  T 109  •
DELIVERY OF LEGAL SERVICES
Vice Chairman:  John Brewin
Solid achievements in improving access to legal services for
the people of British Columbia as well as substantial investments in planning for future improvements were realized in
1974. This work was co-ordinated by the Legal Services
Division established by the Justice Development Commission.
programs     Highlights of the year's program include the following:
1 New regional Legal Aid offices were opened in Campbell
River, Kamloops, New Westminster, Nelson, Surrey, and
Cranbrook. The head office in Vancouver was strengthened;
a research and staff training program was undertaken. These
changes resulted in substantial improvement in the service
provided to the public by Legal Aid, especially in the provision of summary advice on noncriminal matters, such as
problems with administrative agencies, landlord and tenant
problems, family problems, and difficulties arising out of
indebtedness.
2 There was a sharp rise in criminal and family Legal Aid
cases taken by lawyers in private practice. In criminal cases,
for example, the number of referrals more than doubled in
two years, from 7,043 in 1972 to more than 16,000 in 1974.
3 The Native Courtworkers and Counselling Association
was firmly established throughout the Province with a staff of
31 courtworkers and the necessary legal, training, and supervisory back-up support. The courtworkers assist Native and
non-Native people in trouble with the law, and have been
widely acclaimed by Judges, police, and Native people alike.
4 Continued and expanded support was afforded to community legal advice programs such as the Vancouver Community Legal Advice Society and the summer student legal
advice program. The Department of Human Resources and
the Federal Department of Justice also provided funds to
projects in the Province.
5 A start was made in the development of a program of
public legal education and improved legal information services. Pilot projects are under way in high schools, on radio,
and in the cataloguing and collection of audio-visual material.
6 Major steps were taken to plan new programs and improve
existing ones. The direct benefits of this planning to the
people of the Province will show up in 1975 and in the following years. An example of this is a five-person task force
organized to investigate the delivery of legal services to Native
people. It will play a key role in launching programs of
legal education and improved access to legal advice and information for Native people.
The underlying purpose of these programs is to ensure that
justice will be done in individual cases and to recognize that
 T 110  • delivery of legal services
in a society governed by laws and regulations, legal skills and
knowledge are crucial weapons in achieving social change.
The wealthy and powerful have no trouble recruiting legal
advice and advocacy; the Government is obliged to take steps
to ensure that such advice, talent, and knowledge is available
to the weak and disadvantaged so that the ends of social and
individual justice, both in the courts and the councils of the
Province, will be served.
These programs have cost less than 0.15 per cent of the
Provincial budget for 1974/75. However, it is noted that the
Provincial contributions to improved legal services for people
in lower and middle income groups have risen from less than
$1 million in 1972 to nearly $3 million in 1974.
Perhaps in the long run the most significant steps in 1974 have
been in planning and policy development. In the past, one
senior person within the Department reviewed policy as reflected in the financial relationship with Legal Aid and other
requests for financial assistance. There was virtually no
systematic study of the issues involved in meeting the legal
services needs of the people of the Province. Important Provincial responsibilities were ignored or overlooked; large sums
were spent with little planning. By the end of 1974 the Legal
Services Division of the Justice Development Commission had
been established, comprising three main groups—community
legal aid services, public legal education, and legal information services. Each group, of four to six persons including
clerical staff, is responsible for planning and developing effective programs in their area. The task force on legal services
to Native people and a project on the legal rights of the handicapped also form part of the division team. In addition,
Legal Aid has instituted a research program. This substantial
investment in planning and policy development will have
both immediate and long-term results for the people of the
Province.
legal The two main planning thrusts were a broad study of the de-
services livery of legal services and a summer project on public legal
Study education. The legal services study examined the various
systems of delivering legal services, such as "judicare,"
neighbourhood offices, and public defender systems. The first
interim report was published in December as the basis for
detailed discussions with the public and the legal profession.
The study group also developed the Native people's task
force, analysed legal needs in a particular section of Vancouver, studied ways and means to attract lawyers and legal
services to the less populated areas of the Province, and
investigated steps that can be taken, including the use of para-
professionals, to improve access to legal services for the lower
and middle income groups or reduce the need for lawyers'
services. Reports on these issues will be published at regular
intervals during the first half of 1975.
 Till   •  delivery of legal services
public legal The Public Legal education and Information project began in
education and April 1974. The work was divided into four parts—the
information media, libraries and information centres, Law 11 in the high
schools, and a handbook on the law. A voluminous report,
available to the public, containing a great deal of research
information and many ideas for improving public legal education in British Columbia was produced. Arising out of the
report, various pilot projects began and were continued
through the latter part of the year. These include a radio
program on legal information for the Chinese community in
Vancouver, a Provincial library of audio-visual materials
useful for teaching law based on the catalogue prepared during the summer, and the preparation of a pilot Handbook on
Law for the Elderly. In addition, in Kamloops a public
educational project was developed involving all parts of the
administration of justice. Follow-up work in these areas will
continue through 1975.
Close working relations were established with the Federal
Department of Justice staff in planning the extension of community legal services projects in the Province. The Federal
staff have been involved in a number of projects across
Canada and have been of great assistance to British Columbia's growing efforts in this field.
A series of regional meetings were held with the Justice
Development Commission and local people interested in all
aspects of the administration of justice. The developing Regional Justice Councils of the Justice Development Commission played a vital role in the early planning of specific
projects for 1975.
legal During 1974, Legal Aid increased its regional offices from
aid two to eight. Preliminary work is under way in Kelowna,
Prince Rupert, Williams Lake, Fort St. John, Abbotsford/
Chilliwack, and Nanaimo to open offices by March 31, 1975.
Staff salaries were increased to the same level as Departmental
Solicitors in the Government, as of April 1974. The tariff was
increased to cover all summary offences in the Criminal Code,
the Narcotics Control Act, and the Food and Drug Act.
In co-operation with the Family and Children's Law
Commission, Legal Aid undertook a special project for appointing lawyers in the Unified Family project in Delta/
Surrey. Legal Aid also expanded the duty counsel program
as part of a pre-trial services study of the Justice Development Commission. A program using law students in Lower
Mainland institutions such at Matsqui was sponsored by the
society. Legal Aid made a comprehensive study of court-
workers and has put certain proposals to the Attorney-
General for the extension of these programs.
As Legal Aid has grown, the Provincial financial contribution has grown with it. The Law Foundation contributed
during  1974/75 the sum of  $278,000,  an increase from
 T 112  • delivery of legal services
$133,000 during the previous year. The Provincial contribution jumped from approximately $830,000 in 1973 to nearly
$2 million in 1974. The Federal contribution under the Provincial Legal Aid agreement was fixed at 50 cents per capita
or $1.2 million per annum and therefore the Federal contribution as a percentage of the total expenditures on criminal
legal aid dropped from 73 per cent to less than 60 per cent in
1974. The financial terms of the agreement expire on December 31, 1975; British Columbia representatives are meeting
with other Provincial representatives to plan joint renegotiation of the terms with Ottawa. In the meantime the Attorney-
General has requested an immediate increase in the per capita
payment to British Columbia to recognize the higher per
capita costs for criminal defence cases falling on the citizens
of the Province.
Vancouver
community
legal
assistance
society
native
courtworker and
counselling
association
The Department supported the Vancouver Community Legal
Assistance Society and the summer Student Legal Advice
clinics. During the winter, 11 clinics operated once a week
in the Lower Mainland. Seven full-time clinics operated in
the summer months and VCLAS provided legal backup and
supervision to the two programs. VCLAS has also undertaken a number of test cases and its staff lawyers have acted
as solicitors for various community groups in Vancouver.
The Native Courtworker and Counselling Association has
experienced a significant increase in staff and activity during
1974. The executive director has provided strong leadership
in developing a solid service to accused persons and to the
courts. A training and retraining program has been organized
for the courtworkers and has been given financial support
from the Department. The Department's Director of Criminal Law continued to serve as a member of the Board of
Directors. In 1975 the Native Courtworkers are hoping to
build an effective drug and alcohol counselling service and a
full-scale liaison service with correctional institutions and
penitentiaries in the Province. The Federal Government
through the Department of Justice contributed $150,000 of
a total $460,000 Native Courtworker budget in 1974/75.
Through a far sharper appreciation at the local and Provincial level of the justice system, the Legal Services Division
has identified the following issues:
1 Public legal education programs on the workings of the
whole system of justice and the rule of law; for example, how
laws and regulations are changed and how people achieve the
rights they now have.
2 Basic legal information in the Province is lacking. Both
the general public and the professionals within the administration of justice are hard pressed to find the law or an explanation of the law. Work is under way in conjunction with
the Law Society to remedy this situation.
 T 113   •  delivery of legal services
3 The "answer" does not necessarily lie in providing lawyers for everyone, regardless of means. Changes in the law
or in administrative procedures may achieve major gains.
The Rentalsman and the Debtor Assistance program, as well
as the Consumer Services Offices, provide such examples.
Improvements in counselling in family crisis situations as
developed by the Family and Children's Law Commission are
important.
4 However, improved access to trained lawyers is essential
and may come in many ways—regional Legal Aid offices,
community or neighbourhood legal services, lawyer-referral
programs offered by the legal profession, or phone-in information services. There is a wide consensus that this is an
area for immediate Government financial support. It is also
widely felt that these services should be developed in conjunction with other services and disciplines, perhaps in many instances through community resource boards. The need to
ensure the independence of these services from Government
is vitally important.
5 Legal aid in criminal areas is still inadequate. The tariff
paid to lawyers in private practice is low and lawyers are
simply not available in some parts of the Province. Too
many people go through the court process undefended. The
skills of many defence counsel in criminal cases need upgrading.   The courtworker program could be usefully expanded.
6 A major effort should be made to strengthen the knowledge and skills of those persons to whom the public now turns
for legal information—hot-liners, police, community information centres, and other counsellors.
7 Special emphasis should be given to meet the needs of
particular groups in the Province—Native peoples, the handicapped, persons in mental hospitals or similar facilities, the
elderly. In each case these groups generally have low incomes and special legal problems.
  T 115  •
TRAINING AND EDUCATION GROUP
Co-ordinator:   Michael Sharzer
As the Justice Development Commission began to initiate the
process of reforming and improving, the administration of
justice in British Columbia, it became obvious to all concerned that training and education would play a major part
in the achievement of new directions and goals. Moreover,
these new directions would best be achieved by a co-ordinated
effort among the divisions of the Justice System. These concerns led to the formation of a Training and Education Support Group within the Justice Development Commission.
The role of this group has been to make itself available
to all people and groups within and associated with the justice
system, as a source of expertise, ideas, and support for their
training and education programs. The group has attempted
to co-ordinate these diverse programs through joint meetings
and personal communications and referrals, and has tried to
encourage an over-all strategy and sense of direction to the
training effort within the justice system.
All of these roles are intended to support, not supplant,
the training and educational activities of the divisions of the
Justice Development Commission and related groups. The
progress made in each of these roles has been due mainly to
the interest and enthusiasm of the many people ih the system
directly responsible for training.
Some of the areas of success for the group in the past six
months have been in supporting and contributing to a wide
range of training and education programs. These include
development of a basic training program for Native Court-
workers, an ongoing series of conferences for Legal Aid lawyers, a senior court administrator program, the creation of an
Institute for Court Management, senior administrator and
recruit programs for the Police Services, and workshops for
support staff. In addition, the group has been involved indirectly with many other programs, both within the system and
in educational institutions.
In its co-ordinating role, the group has sponsored design
workshops to allow people from outside divisions to contribute to program designs and has held informal meetings with
all "trainers" working within the system. The group has.also
been directly involved with the planning of the Justice Education Centre, and has initiated an inventory of learning resources available for all programs.
Through all these activities the group has encouraged and
attempted to articulate a common strategy. This strategy
involves equal opportunity for all people to develop their
knowledge and abilities, both to perform their present tasks
and to respond to the changes that have occurred and will
occur continually in their careers.   Training and education
 T 116  •  training and education group
should be a vital ongoing activity as a prime responsibility of
every person in the system, not just the trainers. An integral
part of the education of employees is involvement and contact
with the community they serve; training and education can
encourage this kind of interchange.
 T 117
JUSTICE COUNCILS
Director:   Don McComb
Local Justice Councils are being formed in the nine regional
boundaries established by the Department of the Attorney-
General to foster system-wide planning in the provision of
justice services.
objectives     The objectives of the Justice Councils are:
1 To recruit representatives from the justice field—representatives of law enforcement, the courts, Corrections, and
Legal Services
2 To identify justice needs in the nine Provincial regions
3 To facilitate opportunities for citizens to become actively
engaged in the planning of justice services
4 To effect planning processes for identifying service priorities and services to meet identified needs
5 To promote innovation of locally initiated projects through
the Justice Councils
6 To establish evaluative mechanisms necessary for monitoring services and to ensure the continuous revision in the
justice system as changing conditions require.
functions     Among the varied functions Justice Councils will perform, the
following are included:
1 Co-ordination: Justice Councils will provide opportunities for police, courts, Corrections, and Legal Services to coordinate their planning and future development. This will
promote a greater awareness and encourage critical feedback
to the divisions designed to provide greater support for new
programs.
2 Innovation: Through planning, information sharing, and
two-way communication it is anticipated that greater innovation in the development of justice services will result while at
the same time creating opportunities for justice personnel to
contribute more effectively to other broad community services,
including Human Resources (social services) and Education.
3 Evaluation and research: Working in close concert with
the Planning and Research Division, Justice Councils are
providing a practical vehicle for the monitoring of existing as
well as new programs, and evaluating results and documenting
programs for greater research potentials.
Local Justice Councils are made up of community representatives who are employed in justice services (police, court, correctional, and legal personnel), along with community citizens,
private organizations, elected municipal officials, professional
organizations, and special interest groups.
projects     Justice Councils operate as a vehicle for the divisions in the
review of projects to be administered by divisions.   These
representation
 T 118   ■ justice councils
include police/community relations (B.C. Police Commission,
Community Correctional Centres, B.C. Corrections Branch)
and the Delivery of Legal Services Division of the Justice
Development Commission. The Justice Councils have fostered a diversion project in Vancouver in co-operation with
the Vancouver City Police, Vancouver City Social Planning,
Community Corrections Division of the Corrections Branch,
and the Co-ordinator for the Vancouver area Justice Councils.
This project will focus upon the development of more positive
police roles in addressing crime as a social problem with identifiable roots and causes.
programs Visits throughout British Columbia by the Director of Justice
Councils in May and June resulted in the formation of steering
committees for Justice Council development across the Province. These steering committees have participated in suggesting to the Justice Development Commission regional concerns
for priority development and participated in the selection of
Regional Co-ordinators in their areas. Maximum effort in
this preliminary stage was directed toward decentralization of
process planning and services in co-operation with other Provincial Government departments in the development of community involvement. In bringing together agencies engaged
in the justice field the objective has been to create a greater
sense of unity within the justice system while enabling police,
court, correctional, and legal personnel to contribute more
effectively to social justice development in the future.
During the months of September and October the Justice
Development Commission, through participation and assistance of local Justic Councils, conducted four workshops
throughout the Province. These served as introductory meetings for executive members of the Justice Development Commission and various community groups. These workshops
resulted in effective two-way communication (from the field
to Victoria and vice versa), assisted in clarifying the relationship of Justice Councils to the divisions within the Justice
Development Commission, provided program priorities for
Regional Co-ordinators, assisted division personnel in their
field trips, and served as a sounding board for Province-wide
issues, such as the perception of the juvenile issue by the adult
community.
Workshops in 1975 will be sponsored by local and regional
Council members and will be directed toward evaluating the
effectiveness of Justice Councils for the Justice Development
Commission and all parts of the Province.
In addition, Councils will sponsor studies and reviews
identified by local, regional, and Province-wide organizations.
In 1974 the Councils have undertaken to review the relationship of the Department of Attorney-General with private non-
Government agencies.
Local contacts have been made by the individual Co-ordinators and local Justice Councils are beginning to form in the
 T 119  ■  justice councils
various communities.   Membership in these Councils is open
and greater public participation is being sought.
summary The main objective of the Justice Councils is to create functioning and effective membership in each region reflecting
more local autonomy; an active community participation in
the affairs of social justice in their community, and the formation of a justice system which is co-ordinated with the police,
court, Corrections, Legal Services, and members of the community in an effective system of social justice.
  T 121   •
CO-ORDINATED LAW ENFORCEMENT UNIT
Director: Malcolm Matheson
introduction In 1973, Dr. Malcolm Matheson prepared the Task Force
Report on Correctional Services and Facilities for the Department of the Attorney-General, in which concern was expressed
at the growth of crime in British Columbia. His report
showed that crime had more than doubled between 1962 and
1971 and was still on the increase. Corroboration for this
view came from intelligence reports compiled by the Vancouver City Police and the Royal Canadian Mounted Police.
The evidence showed that those sectors traditionally associated
with organized crime were the most active. Therefore, attention was turned to the problems of drug trafficking, gambling,
loansharking, extortion, prostitution, commercial crime, theft
rings, and hold-up gangs.
The complex and highly developed nature of some of
the criminal organizations required that any contemplated
countermeasures be equally sophisticated. The ordinary
organization of law enforcement agencies, with their separate
responsibilities and jurisdictions, was insufficient to cope with
criminal activities which were so diverse and interwoven that
they went beyond geographic boundaries to operate nationally,
and even internationally. Such systems were able to withstand concentrated attack at the local level because withdrawal at one point could find compensation in expansion at
another.
For some time the police agencies had recognized the
problem of fragmented authority and had attempted to counteract it by mounting joint forces operations across jurisdictional boundaries. The success of this type of co-operation
persuaded the planners that such a system should be expanded.
From this incentive came the Co-ordinated Law Enforcement
Unit (CLEU), a branch of the Justice Development Commission.
Another problem faced by the authorities was the dissipation of police effort by the performance of tasks not aimed at
containing criminal expansion. Court duty and the escorting
of prisoners took up time and expertise which could be
directed more profitably elsewhere. A solution was found in
the expansion of the office of Sheriff. A program was implemented to train Sheriffs for these auxiliary police functions.
As they took up their new duties, some policemen were freed
to satisfy the demands of CLEU for more manpower.
There were several goals that the new unit was expected to
attain. It had first to provide a long-term and concentrated
effort against organized crime in its attempt to gain such a
comprehensive knowledge of the people involved that prosecution, when it came, would be both effective and decisive.
It was recognized from the beginning that in order to bring
 T 122  •  co-ordinated law enforcement unit
policy
board
investigative
division
joint forces
operations
prosecutions
the full force of the law-enforcing power to bear upon the
problem, CLEU would have to act as the agent which brought
together the appropriate agencies of the three levels of Government. In addition to this co-ordinating function, it was seen
that an integral part of the scheme would be the collection of
intelligence and its analysis. The recognition of criminal
trends and intervention to prevent their further development
was as crucial to the whole effort as the investigation and
apprehension of active criminals.
CLEU was designed to have a policy-making board at its head
to which three subordinate and separately functioning branches
would either contribute information to the decision-making,
or act on the decisions made. In other words, the Policy
Board was to be the "brain" of a unit which works like the
human nervous system. It translates the sensory impulses
received from the peripheral areas into motor impulses or
instructions for action to some other part of the system.
The first branch of CLEU is the operational part, or the
Investigative Division. Its function is to institute and pursue
the procedures necessary to secure an arrest after the Policy
Board has indicated which "targets" (criminal subjects or
groups) are to be dealt with. The success of this technique
is demonstrated by the outcome of the cases that have been
treated in this way so far.
Since its institution this year, the Investigative Division has
arrested 100 people, most of whom were major criminals.
The crimes have ranged from the escaping from custody of a
dangerous convict to conspiracy to traffic in drugs. The
number of important criminals arrested in 1974 is double
the 1973 figure.
Joint forces operations, using men from at least 10 municipal
forces as well as the Royal Canadian Mounted Police, have
had several major successes, including arrests for theft and
drug trafficking.
The second division of CLEU was planned to be responsible
for the prosecution of arrested organized crime figures. This
part of the unit however, has been reorganized. The Director
of Criminal Law in the Attorney-General's Department and
the staff of the Vancouver Regional Crown Counsel office are
now responsible for prosecutions arising from the work of
CLEU.
policy and     The Policy and Analysis Division of CLEU serves a variety of
analysis     functions.   Among some of its projects is the examination of
division     existing legislation to assess its efficacy and to make full use
of the sanctions it provides.   Work has been done on a variety
of topics, including trial delays, parole and temporary absence
programs, the Bail Reform, Immigration, and Privacy Acts,
 T 123   •  co-ordinated law enforcement unit
and legalized gambling. Another important function of the
Division is the stimulation of public interest in the problems
presented by organized criminal activity. A Public Information Officer works full time on preparing news releases, bulletins, and reports, arranging press conferences, and providing
speakers for interested groups; all with the purpose of educating and informing the public, not only of the problems but of
the measures taken to counteract them.
The Evaluative Research Section of the Policy and Analysis Division is concerned with the continuous collection of
data from specific areas of organized crime to provide a yardstick against which the effectiveness of the whole of CLEU
can be gauged. In addition, its tasks involve the analysis of
the data and the isolation of the points of vulnerability for the
criminal system.
Other functions of the Policy and Analysis Division include the administrative or "housekeeping" duties needed to
keep the unit performing efficiently, the co-ordination of
activities with outside agencies, and the provision of strategic
and tactical support for the Investigative Division.
The first tangible result of the work of the Policy and
Analysis Division was the publication of the Initial Report on
Organized Crime in British Columbia. The information it
contained on the heroin trade, gambling, commercial crime,
and theft on the waterfront and at the airport was collected
over a period of three months. Though the report by no
means presented a definitive view of the problem, it did
indicate unequivocally the areas where the problem was most
serious.
In the commercial field, stock manipulation, fraudulent
bankruptcies, loansharking, credit frauds, and other business
crimes are not uncommon. Other research showed that waterfront theft is effected with ease, and the chance of discovery
virtually nonexistent. The sums involved in gambling and
heroin trafficking are calculated in millions of dollars, but in
human terms it is the problem presented by the illegal sale
of heroin which is the gravest.
The demand for heroin by British Columbia's estimated
10,000 addicts generates an annual turnover in excess of $200
million, as well as a whole subculture in which robberies,
beatings, and murders play their part. The supply system
is highly organized and efficient and pays its dividends to
criminals who are not themselves addicts. Since much of the
heroin for North America comes from Southeast Asia, Vancouver's geographic location and its large volume of shipping
and relatively lax regulations make it an easy port through
which to smuggle heroin. While much of the drug is transshipped to other parts of the continent, enough remains to
maintain the Province's heroin population, which will pay
from $35 to $50 a capsule to the street pusher who sells it.
 I
T 124  •  co-ordinated law enforcement unit
After these findings were presented to the Policy Board, the
Policy and Analysis Division was given a number of directions
for work in the future. The Investigative Division was to be
further increased and the prosecution service established in the
Crown Counsel organization. The next stages of the evaluative program were to include the evaluation of CLEU projects,
and the development of research design methodology, as well
as continuation of the gathering of information. Attendant
to this would be an in-depth analysis of organized crime and
its points of vulnerability.
To carry out this last directive, the Evaluative Research
Section embarked on a comprehensive study of criminal
money flow. Tracing where money comes from, and more
importantly, where it goes, will give CLEU some idea of how
the criminal system works, and at what points it is most vulnerable to attack. The results from the different facets of
the money-flow project will be pooled to form an economic
model of the illicit drug field. This in turn will eventually
form part of the total systems approach to organized crime.
Other instructions issued by the Policy Board include the
further development of legal research, the construction of a
strategic plan for an over-all attack on organized crime,
provision of assistance to the Investigative Division for a
tactical approach to its targets, the mobilization of public
opinion and support, and combination of the efforts of the
Federal, Provincial, and municipal agencies in a joint venture
to counteract organized criminal activity.
 T 125
OFFICE  OF THE  RENTALSMAN
Rentalsman: Barrie Clark
introduction Established by the Landlord and Tenant Act (Bill 105), the
Office of the Rentalsman is a new entity in British Columbia,
without the benefit of precedent or comparative statistics.
Yet the work load during the first three months of operation
amply demonstrates the need and demand for the functions
of this office by both landlords and tenants.
British Columbia has amended its landlord-tenant legislation on several occasions since it joined Confederation in 1868
(at the specific request of the Attorney-General). The Law
Reform Commission of British Columbia, in 1973, published
the Landlord and Tenant Relationships: Residential Tenancies
report. The report recommended the establishment of a
rentalsman, and provided guidelines for a revised Landlord
and Tenant Act, It was this Act, proclaimed on October 1,
1974, that upgraded existing legislation to protect both landlords and tenants in a changing social and economic climate.
THE ACT AND ITS ADMINISTRATION
general The legislation contained in the Landlord and Tenant Act of
British Columbia governs the relationships between landlords
and tenants who rent residential premises. The Act clearly
defines most of the rights and obligations of both parties in
matters of tenancy agreement, termination, overholding, nonpayment of rent, standards of maintenance, subletting, rights
of privacy, and others.
The Act also established the Office of the Rentalsman to
administer the legislation, and to mediate, arbitrate, and rule
in landlord-tenant disputes brought before it. In most cases
the rentalsman's rulings carry the weight of court orders.
Since the services of the rentalsman are free, both landlords
and tenants can, and do, save lengthy and costly legal action.
This encourages persons who would not normally seek
recourse in the courts to seek the services of the rentalsman
for quick mediation. It also decreases the work load on the
overburdened courts.
rent increase Before it was proclaimed on October 1, 1974 (and later
and review amended by Bill 169), the Landlord and Tenant Act empowered the Office of the Rentalsman to review rents and to
recommend to the Cabinet rent-increase formulas from time
to time. In June, a UBC economics professor, Dr. John
Cragg, and the chartered accountant firm of Clarkson, Gordon
& Co. were commissioned to study the residential housing
market in the Province, and to recommend equitable rent
increase formulas. Their findings, along with the rentalsman's
recommendations, were forwarded to the Cabinet and made
public. The rent review function has since been removed
from the jurisdiction of the Office of the Rentalsman, and
  procedures in
handling a
case file
T 127  • office of the rentalsman
placed in the hands of the Rent Review Commission, established under the terms of Bill 169.
Inquiries to the Office of the Rentalsman are directed in person, by mail, and by local and long-distance telephone (please
see statistics, Table 1). The majority of persons who contact
the office seek only information about the Act, or printed
forms. A written complaint opens a case file immediately.
In order to eliminate red tape, Rentalsman Officers first
attempt to mediate and settle the dispute by telephone or
through correspondence. If this fails, investigation and hearing procedures are commenced involving the two parties and
a Rentalsman Officer. Only seldom do formal orders result.
For instance, of a total of 45,931 inquiries during October 1
to December 31, 1974, only 2,790 became case files. Some
of these required formal hearings. In the first three months
of operations, the office issued 169 orders.
STAFFING AND ADMINISTRATION
Beginning with the appointment of the Rentalsman, July 1,
and the simultaneous appointment of his three deputies, the
Office of the Rentalsman operated with a skeleton staff at
temporary quarters at 1170 Hornby Street, Vancouver. This
staff grew to 24 permanent employees (excluding temporary
secretarial staff) by October 1, the day the office moved to its
present address and the day that the Office of the Rentalsman
became operative.
The 24 permanent staff include eight senior and six junior
Rentalsman Officers. These persons come from all walks of
life, but share a common denominator—a proven record of
common sense and impartiality. On their shoulders also
rests the responsibility of administering the Act on a one-to-
one basis.
By December 31, there were five permanent and four
temporary junior officers, seven permanent and three temporary senior Rentalsman Officers, making a total of a
permanent staff of 20, and 18 temporary office staff.
The Office of the Rentalsman has been coping reasonably
well with inquiries and cases outside of Vancouver. While
most of this business is transacted by mail and telephone, a
number of the officers and deputies have had occasion to
travel outside of Vancouver to hold hearings and settle
disputes.
Active consideration is being given to the opening of
regional offices throughout the Province. As the data-
gathering system gains in efficiency during 1975, it will be
determined if and where the need exists for the opening of
branch offices.
During September the Rentalsman contacted in writing all
the municipalities, villages, and regional district boards in
British Columbia, offering to compensate any employee(s)
 TABLE 1
WORK-LOAD STATISTICS
OCTOBER 1  to DECEMBER 31,  1974
FILES
Opened
Closed
Carried into 1975
2,790
1,568
1,222
FILES CLOSED
In favour of landlord
In favour of tenant
Compromise
Data available
only for December
145
126
89
ORDERS
Redirection of rent (repairs) 2
Redirection of rent (essential services) 8
Possession 113
Setting aside Notice of Termination 46
Total orders issued 169
Prosecutions under Landlord and Tenant Act 2
WORK LOAD
Incoming correspondence 5,041
Outgoing correspondence 9,071
Telephone inquiries—
Local 33,420
Long distance 4,649
Office interviews—
Landlords 1,208
Tenants 1,613
Total inquiries 45,931
OTHER
On-site inspections/interviews 122
Speaking engagements 14
Speaking engagements, July 1 to September 30 3
 TABLE 2
NATURE AND NUMBER OF LANDLORD/TENANT
FILES OPENED
OCTOBER 1  to DECEMBER 31,  1974
Files
Code Description
Oct.
Nov.
Dec.
Year to
Date
1 Security deposit
24
14
62
100
2 Rent increases
190
186
44
420
3 Essential services
30
62
37
129
4 Tenant damage
2
10
7
19
5 Repairs
52
92
78
222
6 Privacy
6
10
10
26
7 Noise and disturbance
4
22
16
42
8 Abandonment
6
14
16
36
9 Illegal eviction
	
12
11
23
10 Distraint
8
12
17
37
11  Subletting and assigning
1
6
7
12 Locks and access
restrictions
20
32
5
57
13 Attornment
1
0
1
14 Disputed termination
23 (2)
210
290
227
727
15 Application for Order of
Possession 14 (2)
216
244
171
631
16 Miscellaneous
30
104
74
208
17 General information
12
59
24
105
Totals 810      1,165 815      2,790
 T 128   •  office of the rentalsman
they would designate to act as a rentalsman representative
in their area. Utilizing Provincial resources, it was also
arranged that Government Agents and Public Health Officers
distribute printed material and provide liaison with the office
in landlord-tenant matters.
PUBLIC INFORMATION
A cursory glance at the statistics quickly reveals a tremendous
need for the dissemination of information to the public.
The ongoing information campaign is utilizing all avenues considered viable to the operation—media liaison, news
releases, news conferences, speaking engagements, seminars,
advertising, and printed matter. While most of the work is
done "in-house," an agency has been employed for advertising
work.
advertising
news
releases and
conferences
speaking
engagements
and seminars
The first goal of the office's information campaign was to
establish the existence of the Office of the Rentalsman and to
inform the public of the range of its functions. This was
accomplished by running 30-second and 60-second radio
commercials, and a full-page advertisement containing a summary of the Act in every daily, weekly, and ethnic newspaper
in British Columbia.
Printing, jobbed through the Queen's Printer, included
The Rentalsman and You, a summary of the Act in layman
language. This, together with sample forms required by the
Act, was distributed to the public on request.
News releases were issued and conferences were hosted as
often as was deemed necessary. The office is appreciative of
the extensive coverage the media have given to its operation.
This clearly reflects the general public concern over landlord-
tenant matters. Every advantage is being taken of invitations
for guest appearances on television and radio talk shows.
To December 31, 1974, the Rentalsman and deputy officers,
together with designated staff members, accepted a large
number of speaking engagements. While expediency dictated
that most of these be in and around Vancouver where the
office is located and where the bulk of tenants and landlords
is concentrated, some engagements outside of Vancouver
were made.
Audiences have ranged from service clubs and community
groups to landlord-tenant organizations and self-help legal aid
groups.
The office is currently studying the feasibility of implementing a Province-wide program of landlord-tenant seminars
or workshops utilizing speakers for the Vancouver office.
This will provide an ideal forum to disseminate information,
educate the public of their rights and obligations under the
Act, and answer specific questions pertaining to the Act.
 T129  •
BRITISH COLUMBIA LIQUOR BOARD
Chairman: N. A. Davidson
The British Columbia Liquor Board was appointed by Order
in Council dated June 21, 1973, and at the same time the
Government Liquor Act was amended to provide for such
appointment and to define the duties, powers, and obligations
of the Board. Legislation at that time also established the
position of General Manager of the Liquor Administration
Branch of the Attorney-General Department. The above
Order in Council was amended by a further Order in Council
dated August 15, 1974.
Section 132 of the Government Liquor Act established
the Board and section 133 (b) set out the duties and powers
thereof and as more particularly defined in section 131 (1).
In very general terms, this Board has the duty and power to
hear and receive submissions respecting any matter arising
out of the administration of the Government Liquor Act and
to make recommendations to Government and to hear and
dispose of appeals from those decisions of the General Manager which are appealable under the Act. The areas of
appeal now established under the Act are not broad.
There can be a further appeal taken from any decision
of the British Columbia Liquor Board, such appeal to be
taken to the Supreme Court.
Prior to June 1973 the British Columbia Liquor Control
Board (as it was then designated) was under the management of the Chairman, whose decisions were essentially not
open to appeal. The establishment of the British Columbia
Liquor Board gave rights of appeal to any aggrieved person
in certain areas and instances.
Largely because of misunderstanding by the public, many
representations come before the Board which do not conform
to its functions and limitations. In those areas in which the
Board does not have specific appellate powers it did, in fact,
listen to representations and send recommendations forward
to the Attorney-General. In each instance where recommendations were made, they were given only to the Attorney-
General, but in areas where appeals were heard and determined, reasons for the decision were delivered to all parties.
With the exception of several hearings in Victoria and
one in Penticton, all hearings have been held in the Board
Room of the Liquor Administration Warehouse in Vancouver. By far the largest volume of work involving the Board
is done from the respective private offices of Board members.
Consequently, the requirement for a Board or meeting room
is usually limited to one or two days per month and this does
not justify retaining any building or accommodation on a
full-time basis, nor does it justify the hiring of full-time secretarial staff.
 T 130  • british Columbia liquor board
Many of the recommendations made by the Board to the
Attorney-General have either been adopted or are under
active consideration. Three formal appeals have come before
the Board, all of which have been disposed of and the decisions sent to the interested parties.
The machinery or procedure for bringing appeals to the
Board has not been established by law and is in the process
of being evolved. In the meantime, a flexible view has been
adopted. A procedure has been arranged with the Liquor
Administration Branch whereby, when they suspend a licence,
they do so on a delayed basis, giving a "lead time" of usually
something in the nature of 10 days. This enables a licensee
who is about to be suspended the time to appeal to the Board
if he feels he is aggrieved.
The British Columbia Liquor Board is providing a service
that was not open to licensees or the general public prior to
June 1973. Although at first glance its appellate powers
seem broad, in point of fact they are quite limited and the
Board has made suggestions to the Attorney-General's office
that its appellate powers be enlarged.
 T 131
responsibilities
staff
sales
duties
excise and
sales tax
permits
LIQUOR ADMINISTRATION BRANCH
General Manager: W. A. Bruce
The Liquor Administration Branch of the Attorney-General's
Department is responsible for the purchase, distribution, and
sale of alcoholic beverages through Government liquor stores
both to citizens and licensed premises. To provide this service, the Branch has a single major warehouse located in
Vancouver to which all goods are shipped for subsequent
redistribution.
In addition, the Branch is responsible for the licensing of
all breweries, distilleries, and wineries, and .all types of
licensed premises licensed to sell all types of beverage alcohol
to the general public. The Branch carries out inspection
activities relative to the above licensed establishments and
carries on liaison activities with police and enforcement bodies
in the Province.
The following information concerning the activities of the
Liquor Administration Branch refers to the fiscal year
1973/74.
The number of employees on the permanent staff of the
Liquor Administration Branch as of March 31, 1974, was
1,373, there being 1,324 men and 49 women.
The total sales of $336,777,802 show an increase over the
previous fiscal year of $43,291,860. For comparative purposes, classification of sales is given hereunder for the fiscal
years ended March 31, 1973, and March 31, 1974.
The duty, excise, and sales tax paid to the Federal Government for the fiscal year 1973/74 amounted to $44,856,945,
an increase of $8,886,801 over the fiscal year 1972/73.
The figure quoted does not represent the total duty, excise,
and sales tax on merchandise sold during the period under
review, but only that paid directly by the Liquor Administration Branch on goods that were cleared by it through the
Customs and Excise Departments during the said period, as
is the case with imported goods. The above total does not
include duties, etc., paid by the Branch through suppliers
where the liquor was purchased duty paid and this duty paid
direct to the Federal Government by the suppliers, as is the
case with Canadian breweries, wineries, and distilleries.
Pursuant to the provisions of section 144 of the Government
Liquor Act, the revenue derived from the sale of permits was
transmitted to the Honourable Minister of Finance to be
accounted for as part of the general revenue of the Province,
and amounted to $70,428, being an increase of $1,117 over
the previous year.
  T 133   •  liquor administration branch
LIQUOR   ADMINISTRATION   BRANCH
TOTAL   SALES
CANADIAN
mi ■ i •jl»jliiii ■■■■■%!
....»........«««»»
$ 115 M
1972-3
IMPORTED
$  34   M
■J,I t ll.t • • • ••* ••••• ».UJL
CANADIAN
««««.»»««»*»•»»■« ... | ,i
$ 131 M
SPIRITS
in™	
IMPORTED
$  43    M
1973-4
$ 25 M
IMPORTED
SI3   M
$ 28 M
SIM
1972-3
WINES
IMPORTED!
$ 17 M
1973-4
 T 134  •  liquor administration branch
:•: CANADIAN
s
1
•ft
S 103 M
1972-3
IMPORTED
$   2    M
....................
CANADIAN
LUi.tlUllli.UJUUUUU
S 114   M
MALT   LIQUOR
IMPORTED
$   2   M
1973-4
IMPORTED
$0.1     M
mm
1
IMPORTED
$ 0.1   M
1973-4
I   CANADIAN
g:
*ffi:%%%^:::¥ft¥::^
m&l&ttiiiiiK&g
•k
l   CANADIAN  8
$ 0.8 M
$   I.I  M
1972-3
Cl
D
ER
 T 135   •  liquor administration branch
licences During the fiscal period 1973/74, 3,166 licences were issued
to public houses, dining-rooms, dining-Iounges, lounges,
brewers, and distillers; 292 licences were transferred; 34
licences were suspended; and 71 were surrendered or cancelled.
interdictions Thirty-four orders of interdiction were made pursuant to the
provisions of section 97 of the Government Liquor Act. Four
orders of revocation of orders of interdiction were made
pursuant to section 99 of the Government Liquor Act.
inspection     The Inspection Department carried out 1,718 investigations,
department     and the number of interviews totalled 4,530 during the period
under review.
The Liquor Administration Branch presents separately both
a general report and a financial report, filed fiscally, and these
reports should be consulted for more detailed information.
  T 137
LAW REFORM COMMISSION OF
BRITISH COLUMBIA
Chairman: Leon Getz
The Law Reform Commission of British Columbia has continued its work of examining the law of the Province and
making recommendations for change. The nature of the
Commission's work does not call for a high degree of visibility,
or, in the ordinary course of events, does it call for extensive
resources. The distinctive contribution that the Commission
can make in improving the laws of the Province lies in its
capacity for careful research and thoughtful consideration.
These are qualities for which the Commission has come to be
highly regarded throughout the Commonwealth.
Since the beginning of 1974 the Commission has made final
reports on the following subjects:
1 Report on Civil Rights, Part II: Costs of Accused on
Acquittal
2 Report on Civil Rights, Part III: Procedure Before Statutory Agencies
3 Report on Civil Rights, Part IV: A Procedure for Judicial
Review of the Actions of Statutory Bodies
4 Report on Limitations, Part II: General
The recommendations in these reports are under active consideration.
In addition, working papers preliminary to the making of final
reports have been published this year on Tort Liability of
Public Bodies; Powers of Attorney and Mental Incapacity;
Powers of Attorney Act and Termination of Agencies; and
Costs of Successful Litigants in Person. Work on other projects of the Commission continues, and further working papers
and reports are expected in 1975.
Legislative action was taken in 1974 to implement, wholly or
in part, the recommendations contained in the following
reports of the Commission:
1 Legal Position of the Crown (Crown Proceedings Act,
S.B.C. 1974, c. 24)
2 Landlord and Tenant Relationships: Residential Tenancies
(Landlord and Tenant Act, S.B.C. 1974, c. 45)
3 Frustrated Contracts (Frustrated Contracts Act, S.B.C.
1974, c. 37)
4 Debtor-Creditor Relationships: Pre-judgment Interest
(Prejudgment Interest Act, S.B.C. 1974, c. 65)
Full details of the Commission's work may be found in its
annual report, tabled separately.
 w * r> «
L i ilea*   |M
«9V
.* «►- *k
*
ri1 •■
 T 139
introduction
general
thoroughbred
racing
BRITISH COLUMBIA RACING COMMISSION
Chairman: David W. Gibbons
The Racing Commission Act was passed by the Provincial
Legislature in 1959, thereby developing a body corporate
known as the British Columbia Racing Commission. The
Commission was empowered to govern, direct, control, and
regulate horse-racing in the Province and for that purpose
the Lieutenant-Governor in Council made regulations with
respect to all matters dealing with horse-racing which the
Commission now enforces at all authorized race-meetings in
the Province.
The B.C. Racing Commission submits a separate annual
report of its activities for the calendar year, which report
should be consulted for a more detailed account.
Horse-racing in British Columbia is continuing to progress
satisfactorily with the pari mutuel wagering in 1974 totalling
$66,779,571, thus resulting in a gross Provincial tax of
$5,342,365, an increase in excess of 15 per cent over the
previous year. Due to the reduction of nine racing-days at
the major Vancouver racing facility, the total attendance at
the races in the Province remained constant with 1973. The
racetracks in the Province distributed purse money in the
record amount of $3,157,522.
In addition to this amount, owners of British Columbia-
bred horses received a further grant of $667,795 from the
Province in accordance with the provisions of the Pari Mutuel
Betting Tax Act.
The Racing Commission, although very gratified by the
impressive wagering statistics, remains determined to involve
the Provincial Government in a complete breeder assistance
program whereby more money will be paid directly to horse-
breeders so that an incentive is established for the breeders
to improve their breeding stock. The obvious need for such
a program is shown by the sparsity of good-quality racing-
stock at racetracks. To this end the Commission has requested
that certain funds be allocated in the Racing Commission
1975/76 budget in order to implement a Breeder Awards
Program.
Exhibition Park, Vancouver, British Columbia:
The British Columbia Jockey Club was granted 100 racing-
days in 1974, a reduction of nine days from the previous
year. This reduction was imposed by the Racing Commission
because of the apparent inability of the racing industry to
adequately supply sufficient horses to race more than the
100 days. The total amount wagered was $66,419,396,
giving a daily average of $664,193. The daily average
attendance totalled 9,134.
 T 140  •  british Columbia racing commission
The Jockey Club and the track landlord, the Pacific
National Exhibition, have agreed that the present facilities
at Exhibition Park are inadequate to accommodate properly
and comfortably the racing patrons and are therefore presently
negotiating the financial arrangements to expand the clubhouse and grandstand for the 1976 racing season.
ruling of There were 103 rulings issued by the Stewards at Exhibition
the Stewards Park during the 1974 racing season for various violations of
the rules and regulations. Of the rulings issued, 38 were for
careless or faulty riding, 49 for irregular personal conduct of
licensees, five for entry or claiming infractions, and six for
irregular licensing procedures. The remaining two rulings
were made for drug-related offences, one a positive drug finding and one for the possession of injectable paraphernalia.
The Stewards utilized the race films on 77 occasions to confirm conclusively suspected or reported rider infractions.
These viewings resulted in the Stewards altering the order of
finish in 32 races.
horse- The Commission is concerned with the financial plight of the
racing in smaller racetracks in the Province. In an effort to encourage
the interior the establishment of new tracks and to assist their development over the initial years of operation, the Commission has
allocated funds in the 1975/76 budget, which would in effect
rebate to the smaller tracks moneys equivalent to their net
pari mutuel tax from the previous year. This money, if
granted, will be spent only on projects or for purposes
approved by the Racing Commission.
The tracks which will qualify for this assistance are those
wagering less than $100,000 per day on a sliding scale, with
a higher percentage being granted to the smaller tracks. In
1974 the pari mutuel tax at the Interior racetracks totalled
$28,354.
COMPARATIVE STATISTICS  1974
Number
Place              of Days
Amount
Wagered
Daily
Average
Average
Daily
Attendance
Desert Park,
$
$
Osoyoos             4
44,506
11,126
712
Sagebrush Downs,
Kamloops           5
173,137
34,627
1,283
Fair Grounds,
Williams Lake    4
47,126
11,781
3,661
Sunflower Downs,
Princeton           2
36,094
18,047
1,250
Kinsmen Park,
Vernon               2
53,568
26,784
1,850
 T 141   •  british Columbia racing commission
standardbred
racing
revenue from
horse-racing
The Deptuy Commission Steward, Thomas H. Fell, again
represented the Racing Commission at each of the Interior
race-meetings, and, together with his co-Stewards, altered
the order of finishing in nine races because of riding infractions. The Stewards also were required to disqualify two
horses on separate occasions when their urine tests were
returned positive for prohibitive drugs. Trainers of the
horses in question also received heavy fines for their involvement in these incidents.
On May 25, eight harness horse races were presented at the
Smokey Downs Raceway in Squamish. Unfortunately the
weather did not co-operate, but the 600 hearties in attendance
wagered $5,744.
During the course of the summer the Racing Commission
received four applications from four independent groups,
requesting harness-racing dates at different locations in the
Lower Mainland.
A number of meetings were held in the months of July,
August, and September to hear the personal submissions of
the applicants, and on September 19 the Commission resolved
to recommend to the Executive Council that the application
received from Cloverdale interests be granted 108 racing-
days from mid-October 1975, through mid-April 1976.
The successful applicant has leased the racetrack on the
Fair Ground in Cloverdale and has assured the Commission
that new barns for a minimum of 500 horses will be constructed and the present grandstand will be properly winterized and renovated to afford the attending patrons the comforts and facilities necessary to promote the sport of harness
racing.
All personnel employed within the confines of the major
racetrack in Vancouver and the owners, trainers, and jockeys
at the Interior race-meetings are required to be licensed by
this Commission.
Assistance is also offered the Consumer Taxation Branch
in that the Commission collects the 5-per-cent social services
tax on the sale of horses at the supervised race-meetings.
To obtain a clearer picture of the revenues received by the
Provincial Treasury from the racing industry, the following
breakdown also includes the total pari mutuel betting tax.
Licence fees
$
12,632.00
Fines
1,795.00
5-per-cent service tax on bills of sale
11,423.75
5-per-cent social service tax on horses
claimed
41,752.50
Pari mutuel betting tax
Total
5,342,365.00
5,409,968.25
 T 142  •  british Columbia racing commission
meetings During 1974 the Racing Commission held 19 formal meetings
in the course of administering the Racing Commission Act
and the regulations pursuant thereto. These meetings were
convened to hear appeals from rulings against licensees by
the Board of Stewards; licence applications; rule amendments,
in particular the consideration of a controlled medication
program; racetrack security; thoroughbred racing dates for
1975; and standardbred racing-date applications for 1975/76.
 T 143
BRITISH COLUMBIA PETROLEUM
CORPORATION
Chairman: James Rhodes
Nineteen seventy-four marks the first complete operating
calendar year of the British Columbia Petroleum Corporation.
The Corporation came into legal existence through an act of
the Legislature of the Province of British Columbia during
the Fall Session of 1973. The Corporation undertook to
become a commercially viable entity on November 13, 1973,
through an agreement with Westcoast Transmission Company
Ltd. to assume its contracts for the supply of natural gas from
producers. The Corporation became firmly established in a
financial sense on May 14, 1974, when novation took effect
for most of the gas contracts Westcoast held previously with
producers.
The agreement with Westcoast places the Province of
British Columbia, through the Petroleum Corporation, in a
unique position to benefit from the production of natural gas
in the Province. Gas previously sold at the wellhead to
Westcoast is now sold to the Petroleum Corporation, which
in turn sells it to Westcoast for transportation and sale to
markets in British Columbia and the northwestern part of the
United States. The new arrangement permits the Province to
receive a full economic rent for the gas without interfering
with the right of private industry to earn a fair profit or with
its ability to find new gas supplies. It also enables the
Province to exercise control over the production of the gas
for the first time in history. Formerly, Westcoast, as the sole
buyer, seller, and transporter of British Columbia's gas,
determined the volume of gas produced and sold, how it was
allocated, and at what price the gas should be bought and
sold. These responsibilities now rest with the Petroleum
Corporation. Westcoast, at its own request, has become a
carrier that transports gas through its pipe-line for a fee.
(The fee is based on the cost of service, including a 9.5-percent return on the rate base.)
During the first five months of operation the Petroleum Corporation earned $21.4 million for the Province; whereas the
net income to the Province during the same period in the
previous year amounted to approximately $2.4 million. The
new structure provides that the value of the gas sold, above a
fair level needed to keep private industry operating, should
accrue to the Province.
Royalties have been abolished for those producers who
sell their gas to the Corporation. The Corporation pays the
producer a price free from direct Provincial taxes for their
gas, and then sells it at a mark-up. Thus the profit from the
sale of the gas goes to the Province.
  T 145  • british Columbia petroleum corporation
It has been the policy of the Petroleum Corporation to
pay producers a fair price to encourage the further exploration
and production of gas in the Province. The Petroleum Corporation has thus far experienced good relationships with the
companies exploring for and producing natural gas in British
Columbia. In spite of the implications of the Federal budget,
first introduced on May 6, 1974, the industry responded
positively to offers made by the British Columbia Petroleum
Corporation regarding increased gas prices and new gas purchase contracts. There were some problems encountered in
contract negotiations, but generally these were resolved and
industry accepted the Corporation as a working entity in this
complex industry.
The Department of Mines and Petroleum Resources was able
to confirm the feeling the Corporation had, ihat the industry
was responding favourably to the new "rules." The Petroleum
Resources Branch noted a renewed interest by companies in
both the land bidding and the drilling activity. The total
yearly bonus sale figures for the last five years is shown in the
graph.
MINES AND PETROLEUM RESOURCES
TOTAL YEARLY BONUS SALES FIGURES
These figures show the increase in 1974 over the previous
four years. Comparison of all past years has shown that
1974 exceeded the previous all-time high in 1971 by
$769,084.
The Department of Mines and Petroleum Resources, in
a submission to the B.C. Energy Commission, dated November 8, 1974, shows interesting figures regarding discoveries
of new gas reserves. The report indicated that until 1967/68
the annual average discovery rate of new reserves was 250
billion cubic feet per year. From 1967/68 through to 1973
the rate dropped to an average of 150 billion cubic feet per
year. However, the first six months of 1974 established some
121 billion cubic feet.
The previously noted subjects of drilling activity, land
sales, and discovery of new reserves are the indicators which
 T 146  •  british Columbia petroleum corporation
can be used to gauge industry response to prices, Government
legislation, etc. As noted, the responses in British Columbia
in 1974 have been favourable.
In September 1974 the Honourable Donald Macdonald, the
Federal Energy Minister, unilaterally set the export price of
gas at $1 per million cubic feet, effective November 1, 1974,
for British Columbia, and January 1, 1975, for gas flowing
from Alberta. As a result of the gas price increase, the British
Columbia Petroleum Corporation prepared to further stimulate the industry by revising the price schedule to pass along
a portion of the price increase to industry. In addition, the
Corporation is preparing plans to have Westcoast Transmission extend pipe-line facilities into areas which contain
known reserves. These reserves had been developed to the
primary stage in past years, but additional drilling had not
taken place as there was no pipe-line to take the gas. By
constructing a pipe-line into these areas, the Corporation
believes that the industry will respond by further exploratory
and developmental drilling.
Current projections indicate that an increase of as high
as 150 million cubic feet per day could possibly be realized
in the winter of 1975/76 with the addition of new pipe-line
facilities. The Corporation also plans to authorize the building of new gas-processing facilities to accomplish two objectives. Firstly, it will enable proven and potential new gas
reserves in the foothills area west of Fort St. John and Fort
Nelson to be brought "on stream." The area cannot be serviced by either the Fort Nelson or Fort St. John gas-processing
plants. Secondly, the new gas-processing plants would be
strategically located so as to provide back-up for the aging
Fort St. John plant and also be able initially, to take up some
of the production now going to the Fort St. John plant,
thereby relieving the bottleneck.
The British Columbia Petroleum Corporation announced
a revised price schedule on November 22, 1974. The price
of gas was increased in all categories except old flowing gas.
Even this category received some benefit as infill wells and
outpost wells drilled in old pools will benefit by price increases. The Corporation plans to have a series of meetings
in Calgary to discuss the pipe-line extensions. In summary,
it can be demonstrated that the British Columbia Petroleum
Corporation has acted in good faith with the petroleum
industry. The Corporation is confident that additional gas
will flow in 1975/76 as a result of the plans as outlined.
The Corporation at present is assisting industry in finding
the most prudent use of petroleum and natural gas. At the
request of the Provincial Government, the Petroleum Corporation is studying the economic, environmental, engineering,
and marketing feasibility of a 100,000-barrel-a-day oil refinery in the Province, and is currently studying the feasibility
of establishing a petrochemical industry.
 147
responsibilities
reports
activities
BRITISH COLUMBIA ENERGY COMMISSION
Chairman: A. R. Thompson
The authority of the British Columbia Energy Commission is
provided for in the Energy Act assented to on April 18, 1973.
The Commission comprises three departments which deal with
areas of responsibility under Parts II, III, and IV of the Act.
Part II—Energy Resource Management:
The duties under this part are to report when requested by
the Lieutenant-Governor in Council on all matters pertaining
to energy resources within the Province.
Part 111—Regulation of Energy Utilities:
The duties under this part are the regulation of all energy
utilities   within  the   Province,   excepting   British   Columbia
Hydro & Power Authority.
Part IV—Regulation of Petroleum Industry:
The duties under this part, when fully proclaimed by Order in
Council, are to regulate and control within the Province the
petroleum products industry.
The major task undertaken by the Resource Management
Department in 1974 on behalf of the Province of British
Columbia was the preparation of submissions to the National
Energy Board on the following subjects:
1 Oil Export Hearings
2 Natural Gas Price Hearings
3 Supply and Deliverability of Natural Gas in Relation to
Reasonably Foreseeable Requirements for Use in Canada and
Potential for Export Hearings.
Also a report was prepared for the Provincial Government on
the British Columbia Energy Supply/Demand Forecast 1974
to the year 2006.
The Utilities Department in 1974 held a number of hearings
upon applications for Certificates of Public Convenience and
Necessity, and amending filed rates and tariffs. The Department also reviewed the annual reports of the utility companies
within its jurisdiction, and considered for approval applications for changes in security financing for two utility companies. In addition, the Department dealt with a variety of
consumer complaints against utility companies.
During 1974 the Petroleum Department investigated
refined product price increases associated with the Canada-
wide crude price increase of April 1, 1974, and drafted
maximum price guidelines which limited increases to consumers. An investigation was carried out into the sufficiency
of refinery capacity in British Columbia to determine whether
there is a need for additional capacity. A study was made
into the outlook for demand, supply, and price of refined
petroleum products in British Columbia.    Many complaints
 T 148   •  british Columbia energy commission
concerning propane price increases were received and studies
are under way to determine what relief can be achieved.
The Commission is required under the Energy Act to make
its own annual report to the Lieutenant-Governor in Council
on the 1st day of March in each year for the preceding calendar year. This report should be consulted for a more detailed
statement of the operation of the Commission.
 INDEX
Attorney-General: A Historical Perspective
Auditor Certification Board    36
B.C. Board of Parole    65
B.C. Energy Commission    147
B.C. Liquor Board    129
B.C. Petroleum Corporation    143
B.C. Police Commission    69
B.C. Racing Commission    139
Civil Law    21
Companies Office    37
Constitutional and Administrative Law    17
Co-ordinated Law Enforcement Unit    121
Co-operatives   41
Coroners    14
Corporate and Financial Services    35
Corporate and Financial Services
Commission    36
Corrections    61
Court Administration    88
Court Facilities    95
Court, Provincial Court of B.C.    49
Court Planning    99
Court Registries, Supreme and County    51
Court Reporting    90
Court Statistics    94
Courts    85
Credit Unions    41
Criminal Law    25
Crown Counsel    27
Delivery of Legal Services    109
Departmental Inspector    59
Energy Commission, B.C.    147
Finance and Administration    45
Fire Marshal's Office    13
General Administration    13
Information Systems    103
Insurance Branch    42
Justice Councils    117
Justice Development Commission    79
Land Registry    55
Law Reform Commission of B.C.    137
Legal Aid    111
Legislative Counsel    31
Liquor Administration Branch    131
Liquor Board, B.C.    129
Motion Picture Classification    15
Native Courtworker and Counselling
Association    112
Office of the Rentalsman    125
Parole, B.C. Board of    65
Personnel Services    47
Petroleum Corporation, B.C.    143
Planning and Research    81
Police Commission, B.C.    69
Pre-trial Services    101
Provincial Court of British Columbia    49
Public Trustee    40
Racing Commission, B.C.    139
Real Estate and Insurance Branch    42
Rentalsman, Office of the    125
Revision of Statutes    33
Securities Branch    39
Sheriff Services    92
Training and Education    115
Vancouver Community Legal Assistance
Society    112
  CREDITS
Graphics
Corporate and Financial Services: M. Gore
Cover and all other graphics: Steambubble Graphics Ltd.
Photographs
B.C. Energy Commission photograph:  Courtesy Westcoast
Transmission
B.C. Racing Commission photograph: Courtesy B.C. Racing
Commission
Courts, Revelstoke Courthouse photograph: Courtesy Courts
Division
All other photographs with the exception of those of Attorney-
General and Deputy Attorney-General done by Tamio
Wakayama.
 

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