DEPARTMENT
OF THE
ATTORNEY- GENERAL
PROVINCE OF BRITISH COLUMBIA
ANNUAL REPORT
FOR THE YEAR ENDED DECEMBER 31
1975
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 1975 is herewith respectfully submitted.
GARDE GARDOM, Q.C.
A ttorney-General
Office of the Attorney-General
March 1976
The Honourable Garde Gardom, Q.C.
A ttorney-General
Parliament Buildings
Victoria, B.C.
Dear Mr. Gardom: I have the honour to submit to you materials which I
recommend comprise the second 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.
Yours very truly,
DAVID H. VICKERS,
Deputy Attorney-General
CONTENTS
Introduction
I, Administration of Iustice
Police
British Columbia Police Commission
British Columbia Police College
Co-ordinated Law Enforcement Unit
Legal Services Commission
Courts
Court Services
Administration
Court Reporters
Sheriff Services
Courts Planning Group
Corrections Branch
Iustice Councils
Iustice Development Commission
Justice Planning Unit
Pre-trial Services
Research Centre
Information and Public Programs
Family and Children's Court Services
British Columbia Board of Parole
Law Reform Commission of British Columbia
15
16
17
21
27
27
31
31
32
37
42
44
44
45
46
47
50
52
55
II. Legal Department
General Administration
Constitutional and Administrative Law
Civil Law
Criminal Law
Crown Counsel
Revision of Statutes
Legislative Counsel
58
59
63
64
64
67
68
III. Corporate, Finances, and Regulation
Corporate, Financial, and Regulatory Division
Corporate and Financial Services Commission
Companies Office
Securities Branch
Public Trustee
Real Estate and Insurance Branch
Credit Unions and Co-operatives
Office of the Fire Marshal
70
71
73
77
80
81
84
85
III. Corporate, Finances, and Regulation—Continued
Motion Picture Classification 87
British Columbia Racing Commission 89
Rent Review Commission 93
Office of the Rentalsman, 95
Land Registry Service 96
British Columbia Liquor Board 99
Liquor Administration 101
Liquor Distribution Branch 101
Liquor Licensing and Control Branch 104
Auditors' Certification Board 106
British Columbia Energy Commission 107
IV. Support Services
Finance and Administration 112
Personnel Services 116
Justice Information Systems 117
Facilities Group 123
Organization Chart 126
Directory 129
INTRODUCTION
Deputy Attorney-General: David H. Vickers
Last year the Department of the Attorney-General made its first effort to file
an annual report. It contained an article by Mel Smith, Director of Constitutional
and Administrative Law, entitled "The Attorney-General: A Historical Perspective." ' Mr. Smith pointed out that the role of the Attorney-General was "quite
distinct from that of any other Member of Cabinet. He is not only the head of a
department and thereby 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."
That is a unique role for a Minister of the Crown. The words are worth
repeating because I believe few people understand the importance in our society
of that role. It demands a candour and frankness not always found in political
life. We must always preserve that independent role, a cornerstone of our parliamentary system.
For ll1/^ months of 1975 the Honourable Alex. B. Macdonald, Q.C, was
Attorney-General. Upon the defeat of Government on December 11, 1975, the
Honourable Garde Gardom, Q.C, succeeded to the post. I would like to record
my personal appreciation for the opportunity which Mr. Macdonald gave to me
and others to take part in a very exciting period in this Department's history.
In the past three years a heavy commitment has been made to improve the
administration of justice in British Columbia. Through the hard work of all divisions and with the assistance of programs developed by the Justice Development
Commission, every effort has been made to improve existing services and facilities
with the funds available. There has been nothing radical about the approach which
we have taken. Where we have had the opportunity to innovate we have not been
hesitant. On the other hand, particular emphasis has been placed on basic, traditional services and the good management of programs.
The year 1975 continued as a period of change, although it is fair to say that
the pace of change decelerated to some extent. The Department, faced with the
many new responsibilities and programs brought about by legislation in 1974,
began to consolidate and make efforts to improve existing services.
Every part of the Department was badly affected in 1975 by Treasury Board
directives dealing with staff hiring levels. Inability to replace personnel and
restrictions placed on developing programs placed a heavy strain on employees.
Control initiated by an insensitive bureaucracy and administered without any
appreciation for the nature of programs and Government priorities can only have
a disastrous effect. That was the case during the past year and all component parts
of the Attorney-General's Department suffered alike. Those engaged in growing
and expanding programs in the administration of justice such as Crown Counsel,
Court Reporters, Sheriff Services, and Court Administration were particularly disrupted. No annual report would be complete nor would it do justice to the
managers and employees whose loyalties were strained if these facts went unrecorded.
I have said that a large measure of our energy has been spent on the improvement of existing services. However, we have not neglected to develop a capacity
for "self-renewal." No system can continue forever; change is a part of our daily
S 10 ATTORNEY-GENERAL
existence. Any rigid organization is bound to fail. This is particularly true in the
delivery of a complex social service such as justice.
Therefore, we have devoted a fair amount of time in efforts to develop a small
planning capacity; a small but able research capacity; and finally some vehicle to
communicate with local communities. Through planning and research and through
local Justice Councils, where we have attempted to develop a level of community
participation, we hope that we have built into the system a capacity to meet the
needs of our changing society.
It is no longer appropriate simply to react. We must anticipate and plan for
the future. We must be responsible to demands of our local communities. If
respect for law and order is a legitimate community goal, then we must be prepared
to share our information, our concerns, and our successes as well as our failures;
we must invite criticism and be responsive to intelligent community demands.
Two years ago the Justice Development Commission was incorporated by
Statute. Its first major task was to ensure an early assumption of responsibility for
the administration and operation of the Provincial Court. The second priority, to
continue to improve facilities and services in each facet of the justice system, is a
task which the system itself is now capable of carrying on. In my opinion, the
Justice Development Commission ought to remain for the purpose of policy planning, analysis, and research within the administration of justice section of the
Department of the Attorney-General. It should not be aloof but a part of the total
justice scene. It can be, along with strengthened ties with local communities, our
continuing capacity for "self-renewal."
I leave it to individual reports to record the events of last year. Permit me to
say something of the future. It is too much to expect that the administration of
justice will ever be perfect. Much needs to be improved. We pay the price (as
do other provinces in Canada) of a system which has not had a high priority.
Much needs to be done simply to catch up, and there is little time. "Failures" and
"flaws" continue to show. While we must try to cure these, we must also be alive
to new possibilities which will ultimately reduce the enormous drain on the taxpayer's dollar and, at the same time, create a more humane and fair system for
those who come in contact with it.
Crime prevention programs are high on our list of priorities. Police throughout British Columbia are responding daily to this new challenge. Police initiatives
and leadership and local community support have been outstanding. In 1975,
growth in the crime rate actually showed a decrease. It is far too early to say that
we have "turned the corner," but I do congratulate all those who took part in this
superb effort.
While more money, more people, and more laws will be called for, indeed
might even help, I remain convinced that what we need more than anything is a
change of heart and mind about what the system is all about. We must re-examine
a hierarchical, punitive, and harsh criminal justice system to see if all the present
prohibited forms of conduct ought still to be considered as crimes. In short we
must, as a group of professionals and with public support, begin a long review to
decriminalize our laws.
In the meantime we face the challenge of "diversion programs," designed to
divert from the justice system those disputes that can be resolved fairly and properly by more appropriate methods.
In this ambivalent environment, on the one hand maintaining the integrity of
an existing system and on the other hand redesigning a new and more appropriate
model, we must all be prepared for frustrations, failures, and the taking of some
risks. That must not deter us from the tasks and difficult decisions that lie ahead.
INTRODUCTION
S 11
Nothing less than the foundation of our society—respect for law and the administration of justice—is at stake.
There is no doubt that the task has only begun. The effects of last year's
restrictions have been both demoralizing to staff and damaging to programs.
Nevertheless, I remain convinced that we have the structure, we have excellent
people, and with a renewed commitment from Government we will be able to
continue to improve all justice services throughout the Province of British
Columbia.
The work of each of the divisions of the Department is recorded in this
Annual Report. I hope the reader will find them interesting and informative. I
partipularly would like to express once again my gratitude to all employees and
management who have worked so hard through a difficult period of our development. I am grateful to all of you.
I. ADMINISTRATION
OF
JUSTICE
,,""
I
M"?**'.''*'
ADMINISTRATION OF IUSTICE
S 15
POLICE
BRITISH COLUMBIA POLICE COMMISSION
Chairman: Dr. John Hogarth
For many years British Columbia has had the highest crime rate of any
province in Canada. During 1975 the crime rate continued to increase, but at a
lower rate than in previous years.
CRIMINAL CODE OFFENCES & POPULATION 1971 -75
%CHANGE OVER 1971
■•) POPULATION
UP 13%
The year under review saw the completion of major structural changes in
policing in this Province. The B.C. Police Commission and the B.C. Police College
became fully operational, new police boards and police committees were established, the Co-ordinated Law Enforcement Unit dealing with organized crime was
strengthened, a Province-wide crime prevention program was set up, a new scheme
for handling internal discipline and citizen complaints about police was put in
place, and gains were made in police strength, support services, and equipment.
Within the framework of these structures, several new policing strategies were
developed which are beginning to have an impact on crime in the community.
Major efforts to deal with organized crime by both the RCMP and the CLEU have
resulted in important arrests, which are now before the courts. New crime prevention strategies are beginning to show results in reducing the number of preventable offences, particularly those committed by young people. It became clear
during 1975 that considerable gains could be made in police effectiveness by concentrating law enforcement strategies on selected high-priority targets, and by
building partnerships at the local level between the police and the public and between the police and social agencies. The challenge for 1976 is one of increasing
productivity without either grossly enlarging police budgets or imposing impossible
burdens upon the court and correctional systems. The management climate developing within policing and the positive relationships that are building between
the police and the community indicate that this challenge can be met.
S 16 ATTORNEY-GENERAL
A more detailed description of the work of the B.C. Police Commission is
contained in a report from the Commission, to be tabled in the Provincial Legislature as required by the Police Act.
BRITISH COLUMBIA POLICE COLLEGE
Director: Gerald B. Kilcup
The British Columbia Police College officially assumed operational responsibility for municipal police training within the Province on March 17, 1975.
Events preceding this occasion encompassed a wide spectrum of research and
planning. Questions such as "What should be the aim of a police education and
training program for British Columbia?" and "What kind of peace officer should
it produce?" were addressed under the leadership of Dr. John Hogarth, Chairman
of the B.C. Police Commission, by a task force composed of professional police
officers, academics, leaders within the justice system and the community. After
months of intensive work it was agreed that three priorities could be identified.
First, technical competence; second, a normalization of police education and training so that it complemented and was complemented by existing college and
university opportunities; and, third, that the new college would create an atmosphere in which recruit constables would be confirmed in beliefs in fairness and
justice and would display a mature understanding of the attitudes and responses
which would be encountered on the job, both their own and those of citizens.
To meet these objectives the British Columbia Police College established a
three-year training program for all new persons entering a career in the police
service. The program consists of the following:
Program
Block 1(10 weeks in the College). Concentration at this initial stage is on
basic police skills with an overview of and introduction to the roles of the police
service within a democratic society.
Block II (14 weeks in the field). This training period is a supervised street
experience with a trained field instructor. The objective is to provide exposure
to practical policing in which recruit constables could test out their basic skill
training assimilated from Block I and to familiarize them with the methods of
operations in their respective departments. The 14-week period is broken down
into six to seven weeks of patrol experience with a trained field instructor, seven
to eight weeks of rotation through the various branches and functions of the
Department.
Block III (10 weeks in the College). While expanding on basic police skills,
there is concentration on human relations and the supervised simulations of practical field situations. During this block of training, emphasis is placed on the
understanding and commitment to the fundamental values and assumptions of
social control in a democratic society; a fair balance of effectiveness and leniency
in the use of authority and police discipline; self-awareness of how one's role,
values, attitudes, beliefs, appearance, behaviour, and demeanour affect the behaviour of all those with whom one comes into contact.
During Blocks I, II, and III, courses in criminality, psychology, sociology,
and political science are integrated into the program and are accredited at the
community college level.
ADMINISTRATION OF JUSTICE
S 17
Following the basic 34-week program, recruits return to their respective departments for work assignments. During the following two years they will be
required to
1 complete a research project related to the police role in their respective communities;
2 present book reports on reading assignments established by the
College;
3 return to the College for an additional 10 weeks of advanced junior
constable training prior to the completion of their three years of
service.
This final block of recruit training (Block IV) will concentrate on specific
situations which arise frequently in police work—specialized areas of investigation, community/zone policing, supervision, management, and leadership training.
Specific curriculum content is at present under development and will contain an
expanded normalization of education with other institutions. At the conclusion
of three years of service and Block IV training the constables will then be eligible
for promotion to 1st class status.
This model is now in operation. It breaks down the distinction between
classroom learning and practical policing. It achieves a balanced mix of police
skill training, academic education, and supervised practical field experience. It
meets the challenge given by the task force on police training. The contribution
to the citizens of this Province by the College will be peace officers competent in
skill and understanding and possessing attitudes consistent with the continued
development of a professional police service within the Province. From a solid
beginning the objective now is to maintain a dynamic balance within the College
at the "interface" between training and practice, thereby continuing as a catalyst
for positive growth, development, and change.
CO-ORDINATED LAW ENFORCEMENT UNIT
Director: Dr. Malcolm Matheson
The Co-ordinated Law Enforcement Unit was developed because of a need
for a specialized task force which could wage a persistent attack on organized
criminal activity, such as narcotic trafficking, loansharking, "white collar" commercial crimes, major thefts, and vice. Crime has been increasing steadily in the
Province. Regular law enforcement agencies, with their wide range of responsibilities, found it difficult to place a concentrated effort on the more sophisticated,
high-level criminal. ;
On April 1, 1974, CLEU came into being. A policy board was established
to head up the organization and three divisions were set up under it. The first
division, Joint Forces Operations (JFO), undertakes actual investigations of
criminal activity; the second is the Legal Section, which is responsible for prosecutions of those persons arrested by the JFO; and the third, the Policy Analysis Division, handles a variety of duties, such as evaluative research of specific areas of
organized crime, examination of existing legislation to assess its efficiency, administrative duties, and arranging seminars and training courses for police, regulatory
bodies, and others involved in the continuing fight against the criminal element.
s 18 attorney-general
Joint Forces Operation
The Joint Forces Operation (JFO), the investigative arm of CLEU, has experienced considerable success in the past year in disrupting the importation and
distribution of narcotics in British Columbia.
The total seizure of bulk heroin in British Columbia during the 12 months of
1974 was 45.1 pounds. Between October 11, 1974, and November 20, 1975, a
total of 85 pounds of bulk heroin had been confiscated in 13 major investigations.
Of this amount, the JFO was involved in the seizure of 31.5 pounds, the rest by
the RCMP. The Canadian Customs Branch played a major role in many of the
cases. Emphasis has been placed on heroin and cocaine trafficking, but these,
by no means, monopolized the entire effort of JFO. Investigations into contract
killings, robberies, burglaries, and automobile frauds also resulted in apprehensions.
Over 200 persons have been arrested and charged with serious criminal offences
since the inception of CLEU.
The JFO unit based in Vancouver is comprised of members of the RCMP
and the Vancouver, Delta, New Westminster, West Vancouver, and Port Moody
municipal forces.
Last July, a second JFO unit was established in Victoria to pursue organized
criminal activity on Vancouver Island. The unit includes members of the RCMP
and the Victoria, Saanich, Oak Bay, Esquimalt, and Central Saanich municipal
forces.
Legal Division
Neil McDiarmid and the staffs of the Vancouver and Victoria Regional Crown
Counsel offices are responsible for legal advice to investigators and prosecutions
arising out of the efforts of the two JFO units. This collaboration has resulted in
11 conspiracy cases coming before the Courts.
Policy Analysis Division
During the past year the Policy Analysis Division has pursued the promotion
of co-operation and co-ordination among the various law enforcement agencies.
To this end, it has organized several seminars on aspects of major crime as well
as providing the opportunity for law enforcement officers in the Pacific Northwest
to discuss common problems. Subjects at these seminars included "white collar"
crime, insurance frauds, intelligence-sharing, the Privacy Act, criminal conspiracies,
and the flow of money derived from criminal activities.
Regular meetings have been set up with enforcement and regulatory agencies
of the Federal, Provincial, and Municipal Governments. In addition, six courses
to train intelligence analysts and their supervisors have been sponsored by CLEU.
The Evaluative Research Section of the Policy Analysis Division is responsible for the collection of data from specific areas of organized crime to provide
law enforcement officers and the public with an overview of the organized crime
problem. The first tangible result of this section's work was the Initial Report on
Organized Crime in British Columbia, prepared in late 1974. The report dealt
specifically with the heroin trade, commercial crime, gambling, and thefts from sea
and airports in the Province.
The Second Findings Report on Organized Crime in British Columbia, completed in November 1975, covered other aspects of organized crime not examined
in the first report. Some of these were loansharking, arson, contract killing, theft,
ADMINISTRATION OF IUSTICE
S 19
and prostitution. Illicit drug trafficking and commercial crime, because they are
such extensive problems, were again treated in the Second Report, but with emphasis placed in different directions.
The report updated the heroin section of the Initial Report, but also gave a
detailed look at the illicit cocaine trade. The demand for cocaine in the drug
subculture has jumped drastically in the past five years, only 2 ounces were seized
in all of Canada in 1970, but this jumped to 171 pounds by 1974, 39 of which
was confiscated in British Columbia. A kilogram of cocaine purchased in South
America for $5,000 will generate a $280,000 profit by the time it gets to the user.
At least 16 criminal organizations are involved in the cocaine distribution racket
in Greater Vancouver, but the drug can be purchased in almost every community
throughout the Province. Equipment and paraphernalia used for capping and injecting heroin can be bought from legitimate retail stores, the report revealed, adding
that specialized paraphernalia for cocaine, hashish, and marijuana use can also be
obtained by anyone from a large number of novelty stores in British Columbia.
In the section on racketeering, it was revealed that eight loansharking operations have been active in the Vancouver area between 1970 and the present time
and suggested that a loansharking squad be established to battle this crime before
it grows to the level plaguing large communities elsewhere in Canada and in the
United States. Incendiary fires in British Columbia caused $14.4 million in property damage in 1974, the highest single Provincial total in Canada. Contract
killings, particularly those related to the drug-trafficking rackets, are at an all-time
high. However, no evidence of labour racketeering was uncovered.
The report warned of the growing problem of so-called massage parlours
which, in many cases, are no more than fronts for illicit sex. Prostitution is prevalent throughout the Province. Stock manipulation, bankruptcy frauds, and "finder's
fee" swindles are also covered in the report.
CLEU believes that effective action against organized criminal activity can
only be successful if the general public is aware of the problem. To this end, all
major reports, such as the initial and second findings, are made public. A full-time
Public Information Officer also prepares news released on all CLEU activity.
One aspect of organization that CLEU has emphasized is that of evaluation.
It is important to know if the programs, which necessitate the expenditure of large
sums of money, justify their cost, whether plans have been rationally thought
through, and if the most effective of alternative strategies has been chosen. A goal
matrix has been drawn up and subgoals, objectives, and tasks worked out. By
setting goals for each section of CLEU and then making careful measurement of
their activities, it should be possible to ascertain whether or not the organization is
performing to its maximum.
\
ADMINISTRATION OF IUSTICE
S 21
LEGAL SERVICES COMMISSION
Chairman: Don Jabour
The Delivery of Legal Services Project was established by the Justice Development Commission on May 1, 1974. Its terms of reference included improving the
delivery of legal services to disadvantaged people in the Province. During the fall
of 1974 the project staff travelled to various communities in British Columbia.
Conclusions of the Task Force can be found in the First Interim Report. Five
strategies for delivering legal services were suggested, and one strategy, emphasizing
local community solutions with a central administrative body controlling funding,
was implemented in August of 1975 when the Legal Services Commission Act was
proclaimed. The Act empowers the Commission to ensure that legal services are
provided to and readily obtainable by all the population of British Columbia.
Special assistance is to be given where legal services are at present unavailable
because of economic disability or geographic isolation.
There are five Commissioners, three lawyers, and two laymen who direct this
research, planning, and funding body, which is independent from day-to-day direction by any Government. Except for some experimental programs, the Commission staff will not deliver legal services directly. Instead, the Commission will
encourage community participation in the direction of legal services delivery and
concern itself with the development of high standards of legal service. As a funding
body, the Legal Services Commission will administer Provincial and Federal funds
available for legal services.
Objectives
The immediate objectives of the Commission are to
1 improve the quality of legal services in British Columbia;
2 ensure the proper defence of all criminal charges;
3 provide means so all those in need have access to the machinery of
the law;
4 promote preventive legal services;
5 encourage community involvement in the planning of legal services;
6 explore alternatives in resolving disputes;
7 increase public awareness of the law and the legal system;
8 initiate and encourage research and experimental programs;
9 explore alternatives in legal delivery;
10 train all personnel involved in providing legal services;
11 finance and promote assistance in conflicts with administrative
bodies and tribunals;
12 encourage procedural reform to improve efficiency in legal services
without the loss of individual rights;
13 evaluate all present and proposed delivery methods;
14 support test cases and class actions concerning legal and social
rights;
15 increase public access to legal information; and
16 improve the calibre of that information.
S 22 ATTORNEY-GENERAL
To accomplish these objectives, various agencies such as the Legal Aid Society of
British Columbia and the Vancouver Community Legal Assistance Society are
funded by the Commission to undertake their various programs.
Activities in 1975 include:
Legal Aid Society of British Columbia
The Legal Aid Society of British Columbia is a private society incorporated
under the Societies Act in 1970 "to administer throughout the Province of British
Columbia a program of legal aid to persons unable to afford legal services."
In criminal matters, legal aid is available to anyone who is financially eligible
and is charged under the Criminal Code, the Narcotic Control Act, the Food and
Drug Act, and with any other indictable offence. It is also available in other summary conviction cases where there is a substantial likelihood that, if convicted, the
person will receive a prison sentence or lose his livelihood.
In addition, criminal legal aid is available for proceedings under the Juvenile
Delinquents Act, the Extradition Act, and the Fugitive Offenders Act.
More criminal legal aid clients who qualify for assistance are referred to members of the private Bar who are experienced in criminal law. If a client requests a
specific lawyer, an effort will be made to have that lawyer appointed if available.
In family law matters, such as divorce, custody disputes, annulments, and
maintenance actions, cases are referred to members of the private Bar, when applicants meet the financial eligibility criteria. Lawyers who accept both criminal and
family law cases from Legal Aid are paid on the basis of a tariff established by the
Provincial Government.
In all other civil cases, there is no tariff available to pay lawyers for their
services. The society has attempted to make legal advice and counsel available to
applicants by encouraging private lawyers to accept such cases on the basis that
they are reimbursed for any out-of-pocket expenses, but that their time is donated.
It is also opening up Legal Aid offices throughout the Province, staffed by fully
qualified lawyers who attempt to resolve as many such cases as possible.
The society is funded by three agencies—the Federal Department of Justice,
the Law Foundation of British Columbia, and the Provincial Government through
the Legal Services Commission. For full details of the society's activities, see their
annual report.
Community Legal Information Centres
There are at present 11 Community Legal Information Centres in British
Columbia that function with the assistance of the Commission. These storefront
offices serve economically disadvantaged persons in the Province. Past experience
has demonstrated that lower income persons are geographically and, perhaps more
important psychologically, isolated from the majority of lawyers.
There are many different aspects of the Community Legal Information Centre.
Part of its work is directed at solving individual legal problems, part looking at
public legal education, and part directed toward test-case litigation. Although each
centre has its own character, the over-all emphasis is on civil matters rather than
criminal, the most common problem areas being matrimonial, landlord and tenant,
consumer, and administrative law.
Because of British Columbia's immense area, each region required specialized
legal services. The needs of a distant rural area may be quite different than the
needs of major cities. The Community Law Centres will combine quality delivery
of legal services with legitimate community roots. Each centre is directed locally
by a board of lawyers and laymen who plan the programs in conjunction with the
J
ADMINISTRATION OF JUSTICE
S 23
staff. Because a contract for funding demands an evaluation of each project, the
centres will become agents of change, experimentation, and improvement for the
future.
The Legal Services Commission has funded various types of community groups
to deliver legal services in several ways:
1 The Smithers Community Law Centre Society.
2 The Maple Ridge/Pitt Meadows Communty Services Council.
3 The Williams Lake Human Rights and Civil Liberties Association.
4 Quesnel Civil Liberties and Human Rights Association.
5 British Columbia Civil Liberties Association in Vancouver.
These groups employ lawyers on a monthly retainer basis to supply legal supervision. The centres are involved in handling individual legal problems as well as
referring cases to the Legal Aid Society, the Department of Consumer Services,
and the Rentalsman.
Community Law Offices
Differing slightly from Information Centres are the Community Law Offices.
One example is the Vancouver Community Legal Assistance Society. Here, lawyers
are full-time staff members and their Board of Directors is composed of laymen
and lawyers. They offer consultative services to local groups like day-care centres.
In 1975, VCLAS supervised 12 law student clinics in Vancouver. It often handles
test cases in the civil law field and deals with the legal problems of mental patients.
The society has published brochures, papers, and reports for the public on welfare,
incorporation of a society, mortgages, and have a continuing education program.
Nanaimo and Abbotsford: With a slightly different orientation but still in the
same general pattern are the offices of AID (Association for Intervention and Development) in Nanaimo, and the Matsqui-Sumas-Abbotsford Community Services
Society in Abbotsford. These community-oriented agencies have staff lawyers and
other members who concern themselves with community and individual problems.
Training and Education
The Training and Education Group has been developing and preparing training programs that focus on legal service counsellors.
The aims of each program are
1 to establish a uniformity of training and education programs for
counsellors, particularly in Community Law Offices and Legal Information Centres;
2 to provide an equal base of legal information for the public in all
areas of the Province;
3 to ensure quality as well as enhance the credibility of services
provided by the counsellors.
The continuing training program consists of three two-week periods of training
and development, with a month of practice in the field; one three-day conference;
and two two-day follow-up workshops.
The program has also been used with a group of legal service counsellors
attached to a Native Legal Information Office and librarians from Merritt. It made
use of the resources available in the local area and from Vancouver.
Native Programs
A priority of the Commission is to assist in the development of programs to
deliver legal services to the Native community in British Columbia.
S 24 ATTORNEY-GENERAL
To date, the Native Courtworkers and Counselling Association has been
providing 31 courtworkers to cover all of the Provincial courts. Unfortunately,
the Provincial court system is too vast to be adequately handled by these court-
workers. Their efforts had to be concentrated in the busier centres. Attempts were
made, however, to service remote areas as well.
There are plans to open Native Community Law Offices in the Queen Charlotte
Islands and in Merritt. It is hoped that other areas of the Province with a high
concentration of Native people will be serviced by offices in the future. In the
coming year, the Commission plans to place legal services counsellors in Native
Friendship Centres that are located in various communities in the Province.
A Native Legal Phone Line was established in the summer of 1975 to offer
toll-free advice to people phoning in from anywhere in British Columbia. Use of
this phone line has grown steadily since its inception, with inquiries mainly about
custody, landlord and tenant, matrimonial, and land claims.
Public Legal Education
This division of the Commission has four main objectives. The first is to act
as a funding body for existing community groups who are involved in education
programs (e.g., Interior Legal Awareness Society in Kamloops, Vancouver People's
Law School, and Co-op Radio). The second is to develop and support ethnic
education programs. At present there is a "You and the Law" radio and newspaper program in Chinese, Japanese, Punjabi, and Italian in Vancouver. At Vancouver City College, Public Legal Education is developing a law-related curriculum.
Another objective is to prepare packages of educational material for the various
Community and Legal Aid Offices throughout the Province. A feature is short
radio spots on various aspects of the law which can be heard on local stations.
These spots conclude by referring the listener to Legal Aid or a local Community
Law Office. Finally, this unit also prepares written materials on the law for the
layman. For example, a Vancouver Sun column on the law is being prepared and
a handbook entitled Wills, Estates and Government Benefits has been released.
Public Schools Legal Education Project
The purpose of this project is to expand the quantity and quality of legal
education in the public schools from Kindergarten to Grade XII. In order to
achieve this purpose, the project has established three major goals—the development of curriculum projects and activities with students and teachers at the classroom level, the professional growth of teachers, and the development of public
support from the educational and legal communities. A number of classroom-
based curriculum projects on legal education have been initiated in schools in
Surrey, West Vancouver, Bumaby, and Richmond, and in the summer of 1976 a
second course for teachers of law will be offered at the University of Victoria.
Student conferences, a Court-watching program, and teacher in-service workshops
have been implemented, and teachers are kept aware of the progress and services
of the project through a regular newsletter.
Legal Information Services
This service of the Commission has the responsibility of improving access to
legal information and increasing public awareness of the law and the legal system
through improved legal materials and availability of legal information in libraries,
ADMINISTRATION OF JUSTICE
S 25
information centres, schools, and other agencies. The Commission has undertaken
a cost-sharing program to encourage public libraries to purchase legal materials
and make them available to the public. Four library systems, Cariboo/Thompson
Nicola Library, Fraser Valley Regional Library, Okanagan Regional Library, and
Vancouver Island Regional Library, as well as one municipal library, New Westminster Public Library, are participating. In co-operation with the Law Society
libraries of British Columbia, and using public libraries as the outlet, Legal Information Services has begun to improve public access to legal information. One
co-operative law librarian position has been established, with others soon to be
hired. To ensure that trained personnel will be assisting the public in using these
materials, Legal Information Services has stimulated the development of legal
bibliography and reference courses for librarians, and has encouraged libraries to
begin public awareness programs. In all, one legal bibliography course and seven
workshops have been held around the Province. A sample collection of popular
legal material has been established in the Commission Library to assist librarians
and community legal service counsellors in purchasing useful collections.
This service also develops new legal reference materials which will be of substantial benefit to the legal profession and the public. An example of the work
being done in this field is the consolidation of the British Columbia Regulations
on microfiche. Another is a series of bibliographies of law for non-law libraries
available from the Commission.
Purchasing and cataloguing materials answering and referring questions for
the Attorney-General's libraries has also been the responsibility of Legal Information Services. A computerized union catalogue of all the libraries in the Attorney-
General's Department is being prepared. This year, Legal Information Services
has supplied books to Provincial Court Judges and set up Judges Chambers collections across the Province. With the creation of the Law Library Foundation in
December, this responsibility was transferred to the new foundation, also set up
with the co-operation of the Commission.
ADMINISTRATION OF JUSTICE S 27
COURTS
COURT SERVICES
Director of Court Services: John Brewin
The year 1975 continued reorganization and revitalization of the courts in
British Columbia. During the past two years the Attorney-General's Department
has assumed full responsibility for the administration and management of all
courts within the jurisdiction of the Province. The objective has been to establish
a uniform level of service to the public irrespective of location, type, or level
of court.
Many of the advances made in 1975 have resulted from the expansion and
development of ideas already partly implemented in the previous year.
The three main operational branches of the Courts Division—court administration, court reporting, and the sheriffs—are now fully regionalized in structure
throughout all nine justice regions of the Province. One of the results of this
process will be a growing realization among courts personnel that they are each a
part of a local courts system with mutual concerns and interests which must be
worked on together, not solely employees of isolated line organizations.
This development occurring in the regions has been mirrored at the Provincial
level, where a new courts management group has been established, consisting of
senior personnel from court administration, court reporting, sheriffs, and courts
planning and facilities. The major role of this body will be to encourage a cooperative management approach to the problems of courts and to upgrade and
extend the management systems now being used in each of the different areas of
responsibility within the courts.
Ultimately, of course, the most important goal of all courts management staff
is to decrease and eventually eliminate unacceptable trial delay. In the past year,
many techniques, procedures, and administrative reforms were developed that will
be invaluable to the acceleration of all aspects of the court management process.
Some progress has already been made. In the Vancouver Provincial Court,
for example, the backlog of criminal cases has dropped from 5,632 in July 1975
to 3,817 cases at the year-end. While this has partly been due to an increase in the
number of courtrooms in session on a daily basis (from 23 to 29), the procedural
reforms also are having increasing effect.
In Supreme and County Court civil trials, too, waiting-time has been cut
down. Cases which used to take 15 months to come to trial in 1974 now are begun
in six to eight months. Most civil trials in County Court are under way in four or
five months. Emergency cases can be handled more urgently still.
In short, it is felt that, if all the lessons learned during 1975 receive widespread
implementation across the Province in 1976, the real reduction in trial delay
already in evidence since the middle of 1975 will be confirmed and extended.
ADMINISTRATION
Chief Administrator: Judge Perry Millar
The year 1975 witnessed historic changes in court administration in British
Columbia.
On April 1 the administration of 36 Supreme, County, and Small Claims
Registries were transferred from the Department of Finance to the Court Adminis-
S 28 ATTORNEY-GENERAL
tration system of the Attorney-General's Department. This large undertaking was
preceded by months of detailed planning, as well as training. As of August 1,
Court Administration also assumed responsibility for Unified Family Court staff in
South Fraser, where three pilot projects were being operated.
These acquisitions completed the total unification of court administration in
the Province under the Attorney-General's Department, which was initiated on
April 1 of the previous year with the assumption of administrative responsibility for
44 Provincial Courts previously operated by municipalities. This unification was a
necessary first step in a vast program to standardize administrative forms, procedures, and practices, improve internal accounting systems, develop management
information systems for operations and planning purposes, introduce programmed
budgeting and fiscal controls, standardize personnel policies and practices, and
introduce intensive training programs for staff at all levels.
Programs
A number of programs were undertaken to implement the above.
Staff training—Training is being held at present for each of four different
classes of employees. For example, some 85 court clerks already have completed
a two-week course on Provincial Court Administration conducted at the British
Columbia Institute of Technology. Also, the Registrars from 35 Supreme and
County Court Registries received refresher training when they attended a one-week
seminar on registry administration, held in March. For both of these courses,
training manuals in use were updated and revised.
October and December saw the first two of a series of week-long seminars
designed for senior court administrators; the seminars covered personnel and court
administrative management.
Finally, court administration consultants and experts assisted in a series of five
training seminars for Justices of the Peace; 204 out of a total 240 JP's in the Province attended these two-week courses.
Budget and fiscal controls—Regional administrators prepared detailed line
budgets for the Director of Finance. An encumbered budgeting program was also
put into force. These initial exercises in budgeting are a prelude to reform and
upgrading of all internal accounting systems in the courts throughout the Province
in 1976. Fiscal controls are gradually being refined and enforced through such
accounting and budgetary discipline.
Project 800—Major overhaul of the Supreme/County Court Registry at 800
West Georgia Street, Vancouver (25 courtrooms) was undertaken pursuant to a
report submitted by Woods Gordon and Co. Reforms include the elimination of
cause books, adoption of a case record card system and trial diary, and microfilming, as well as computer-generated indexes, weekly trial lists, and monthly
statistical reports. This is one of the first administrative projects in the court system
which applied a combination of legal, management, and administrative skills to the
problem of operating a major court registry. One of the most significant highlights
to be evident so far is that the program will have more than fully paid for itself
within two years of its completion.
Project 222—Similarly, management information systems improvements were
planned with respect to the Provincial Criminal Court at 222 Main Street, Vancouver (16 courtrooms).
ADMINISTRATION OF JUSTICE S 29
Traffic court project—Since May 1975 a Traffic Court Diversion program has
been operating in the Provincial Court Building at 475 Main Street in Vancouver.
As the traditional criminal court has long been considered inappropriate in
dealing with the traffic offender, this program in offering a completely different
approach to the problem has achieved considerable success.
The formal, costly trial has been replaced in this experiment by an informal,
inexpensive traffic offence tribunal. Gone, in most cases, are the prosecution and
defence lawyers, the witnesses and court reporters. Instead of being confronted by
the usual Bench and Bar, the accused citizen finds a Justice of the Peace and a
sheriff, acting as an aide, both sitting at a simple table at floor level. In this way
the process is "decentralized" and simplified.
The scheduling of "trials" has changed as well, as a system of voluntary selection by participants of their time and date of appearance now replaces the former
compulsory 10 a.m. scheduling for all. This substantially cuts down waiting-time,
reduces the demand for Night Traffic Court, and all but eliminates costly overtime
appearances by police witnesses.
As a large number of participants are no longer required, almost continuous
sitting on the part of the courts is possible and delay in bringing the cases to resolution is virtually non-existent.
For these reasons, the traffic "tribunal" procedure, now restricted to certain
types of cases under the Motor-vehicle Act and the Street and Traffic By-law in the
Vancouver courts, may receive wider application to other cases and other justice
regions in British Columbia.
New court list—A redesigned court list has been put into use in approximately
80 Provincial Court (Criminal Division) registries which captures approximately
95 per cent of all criminal cases. Data entered on this court list will generate
approximately 80 per cent of all information required for operations and planning
in the Provincial criminal courts.
Record of proceedings—A Record of Proceedings was developed to provide
a standard permanent record of proceedings in all criminal courts. It also serves
as a report required by Statistics Canada, and a disposition form for police records.
This form was introduced in the Burnaby and Surrey Provincial Courts as a pilot
project, and will ultimately be extended throughout the Province.
Small Claims Court—On November 10, 28 Registrars were appointed to
Small Claims Courts under the revised Small Claims Act. The revised training
manual has been distributed to all Small Claims Registries throughout the Province,
which number approximately 90. In addition, a Credit Referee pilot project was
instituted at the Small Claims Court in Vancouver in the summer of 1975. This
system has now been implemented in four centres throughout the Province in
Regions 1 and 9. It will be extended to some 10 centres in 1976.
Witness management—A pilot Witness Management project was established
at the Provincial Court (Criminal Division) in Victoria, designed to improve the
flow in the subpoenaing of witnesses in their attendance to give evidence. The program reduces to a minimum the number of police and civilian witnesses called for
cases which are adjourned on the one hand and the number of trials which are
adjourned for lack of witnesses on the other hand. This program was transferred
to the Provincial sheriffs in December of 1975 in the expectation that more available manpower could be provided to support this program.
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ADMINISTRATION OF JUSTICE S 31
Regional meetings—Regular meetings were initiated among court administrators, sheriffs, court reporters, and Crown counsel to co-ordinate operations and
reach solutions to common problems in the nine administrative regions of the
Province.
In general, significant gains have been achieved. Within the limits imposed by
budgetary restrictions on the hiring or replacement of staff, existing personnel have
made the maximum efforts possible in improving the efficiency of service to the
judiciary, the bar, and the public, and in maintaining their own morale.
COURT REPORTERS
The Court Reporting Service faced another year of increasing case load
during 1975.
Currently, 69 employees specializing in stenotype, 45 in pen shorthand, and 57
in electronic recording are responsible for reporting and recording trials and taking
examinations for discovery throughout all nine justice regions of the Province.
The Court Reporting staff are organized in such a way as to make maximum
use of the personnel available. Rather than having one reported for each Judge,
as is the case in some other jurisdictions, in British Columbia a panel of court
reporters and recorders is provided. Most are available to work in any courtroom
for any court division throughout the Province.
In order to fill present gaps in staffing, a course was begun at Vancouver
Community College in January 1975. Twenty months in length, this full-time,
intensive course for court reporters will produce a class of highly trained, skilled
graduates.
In the interim, a task force has been established to examine all management
procedures, technical facilities, training programs, and the relationship of the
Court Reporting operation to other parts of the court system.
The hours of court sittings are extended as courtrooms are added and case
loads rise. Very great pressure is being placed on the Court Reporting system; in
fact, it is in many respects the most vulnerable point in the whole system and one
which needs urgent attention.
SHERIFF SERVICES
Director: Gerry R. Engel
Duties
Duties performed by Sheriff Services fall within three categories:
1 Court Support Duties
Jury panels—Summons, control, security, and administration (over 12,000
potential jurors summoned in Vancouver, 1975).
Witnesses—Location and notification by subpoena or telephone. (Sheriff Services served 1,700 subpoenas during the month of August 1975, for example.)
Arrangements for out-of-town travel and accommodation.
Court security—Protection of judges, witnesses, the accused, and the public.
Court arrests.
2 Escort Duties
Custody of accused—Lockup to court, court to remand centre, court to penitentiary or correctional institute. Location and return of wanted persons from
S 32 ATTORNEY-GENERAL
outside Province. Escorting of in-custody mental patients. Guarding of accused
hospital patients. (Sheriff Services escorted 6,681 persons in custody during April
1975, 7,288 persons in June.)
3 Execution and Service of Orders
Civil causes—Suitors process, writs and warrants of execution (7,963 documents served in July 1975).
Criminal causes—Summonses and subpoenas (8,656 documents handled during
July 1975).
Assistance to Motor-vehicle Branch—Service of Suspension Notices.
In all regions of the Province the Supreme and County Court staffing by
Sheriff Services has been completed and the civil causes role now is being fully
performed.
However, the handling of motor-vehicle plates and drivers' licence suspensions is being assumed in various degrees in different locations throughout the
Province. Not all Provincial Court staffing in all regions has been shifted finally
from police to sheriff personnel. These duties are being fulfilled where sufficient
staff is available.
Extensive studies have been made to use existing manpower to the maximum.
One result has been the establishment of a centralized document service centre in
Vancouver (combined criminal, civil, and Motor-vehicle Branch documents).
Training
A six and a half week course for the basic training of deputy sheriffs is held
at BCIT. The subjects taught in the program include:
Civil documents—Procedure and execution of all documents as a result of
Civil Court action.
Criminal law—Evidence and emphasis on sections of the Criminal Code, and
other Statutes, pertaining to peace officers.
Court duties—Instruction includes duties in Supreme Court, Provincial Court,
Small Debts Court, Family Court, Coroner's Court.
Interpersonal relations—Instruction includes the concept of personality, defence mechanisms, frustrations, deviant behaviour, communications and listening,
and public relations.
Small arms training—The use and care of weapons.
Defensive tactics—Instruction designed to develop D/S ability to defend
oneself and others without weapons.
Escort procedures—Instruction includes security procedures, use of restraints,
transport methods, and legal documents required.
First aid—Certificate course conducted by St. John Ambulance.
Defensive driving—Classroom instruction on Canada Safety Council course.
To date, the training program has graduated a total of 307 deputy sheriffs from
basic training (271 men, 36 women).
COURTS PLANNING GROUP
Director: Fran Prevost
The objectives for the Courts Planning Group include
1 identifying the case loads in the courts in British Columbia and the
population served by each court;
ADMINISTRATION OF JUSTICE S 33
2 developing socio-economic data as part of a planning base;
3 reviewing resource employment in the courts;
4 reviewing the relationship of the other justice services to the courts;
5 assessing the function of the courts;
6 relating the development of the court services to other justice and
social services.
Regional Profiles
When the Courts Planning Group was first organized in 1974 there was no
accurate information available on the area or population served by any court, nor
any projections for their future development. Since then the Planning Group has
compiled an inventory of all communities by justice regions, tracing their growth
or decline from 1961 to 1974. Court service areas were defined and projections
of their future growth or decline extrapolated from the work of the B.C. Research
Council, regional districts, municipalities, and the Department of Economic Development. A detailed demographic picture of justice regions in respect of age, sex,
education, income, employment, etc., was derived from census information.
To plan future court services properly, it was necessary to understand the
unique resources and economic base of each area and its potential for expansion,
particularly when it might result in significant changes in employment, transportation, etc. Close contact was therefore established with the Deputy Ministers and
key personnel in all Government departments dealing with natural resources, manufacturing, labour, transportation, and municipal affairs. Various business journals
were monitored to supplement the information base. The material gathered was
then summarized into profiles on each justice region describing the resources, history, economic development and potential, transportation systems, population
settlement, and projected growth. The profiles were further summarized for widespread publication, highlighting key demographic and economic characteristics
which could affect future demand for justice services. This summary report was
placed on permanent computer file so that it could be readily updated in the future,
and be available for other types of analysis. The information obtained is being
incorporated into a planning base for court services.
Case Loads in the Courts
As a result of reviewing existing procedures to collect data, a court information system was developed to monitor all cases in each court in the Province. The
purposes of the information-system are to provide assistance in
1 allocating court resources, both staff and facilities;
2 tracking cases through the court; that is, determining at any point
in time which phase of the process a particular case has reached; and
3 trial scheduling.
The data base for the information system was established by designing a
uniform trial list to be used throughout the Province. With this list it is possible to
identify the case, the reason for its appearance in court, and the staff resources
employed in the courtroom for each case. How cases are terminated can also be
ascertained from the trial list.
Management Information Systems
Along with the work which is being done to improve management procedures
and structures within the court services, the Courts Planning Group is assisting
in developing management information systems within each sector of the services,
S 34 ATTORNEY-GENERAL
including court administration, sheriffs, and court reporters. The work is being
co-ordinated with efforts being undertaken by the Crown Counsels' office as well
as the Department of Justice, Prosecutor's Office. The principal objective of this
work is to develop information systems which record in detail the expenditures by
each service in each area of the court—Provincial, County, Supreme and Court of
Appeal, Criminal, Family, and Civil.
Alternatives to the Courts
Over the last two years the Province has become responsible for all of the
Provincial Courts, and has improved its services. All cases are now being heard
by legally trained Judges and the policy of the Department is to provide in each
trial court the services of court clerks, court reporters, sheriffs, Crown counsel,
and, as far as possible, everyone appearing on criminal charges will be defended
by a lawyer.
What has been replaced is the small court where cases were presided over by
lay Justices of the Peace and no other services were provided. At the present time
fully professional trial courts are hearing cases which might be more effectively and
efficiently heard in other forms or dealt with through other procedures, for example,
minor traffic cases, minor municipal by-law infractions, and many of the matters
which come to court by way of the Summary Convictions Act.
Two new projects are being undertaken by the Courts Planning Group in
conjunction with other elements of the Department. In part, both of these projects
continue work previously under way; however, the scope of study has been enlarged
in each case. The first is a review of the present reliance upon the option of summary conviction prosecution to enforce compliance with provisions under Provincial and municipal enactments. The second is an attempt to evolve the judicial role
of the Justice of the Peace into an expanded role as a quasi-judicial mediator in
the area of small claims, summary offence, family and debt counselling.
Small Claims Project
The Small Claims project was established to develop and evaluate different
methods of reducing procedural problems and minimizing delay so that the level
of court service to the public would be improved. It operated in conjunction with
the Provincial Court Judges, Court Administration, and Debtors Assistance. A
specially designed experimental project was in full-time operation from May 5 to
August 30, 1975, in offices located at the Small Claims Courthouse in Vancouver.
During the summer the project examined the use of "mediators," "procedural
assistants," and a Legal Advice Clinic as part of a package of services offered to
small claims litigants.
The preliminary findings emphasize that although the "debt collection" aspect
of small claims may dominate the case load, the court also serves as a "people's
court," and the unsophisticated litigant must be taken into account in planning for
the court.
Court Referee
In an attempt to reduce delay in the Small Claims Court and to handle the
special problems created by debt-related cases, the project staff set up the Office
of the Court Referee in September 1975. One of the project members was appointed as a Justice of the Peace and is now operating as the Chief Court Referee.
Working in close conjunction with the Chief Judge of the Provincial Court, the
Chief Court Referee has two goals:
ADMINISTRATION OF JUSTICE
S 35
1 To provide the judgment creditor with a more efficient means by
which he may be repaid:
2 To aid the judgment debtor in providing a reasonable method by
which he can resolve his court-related debt problems.
The Court Referee system is modelled oil a similar system which has been
operating in Toronto for the past 15 years. The basic objective is to relieve the
court of some of the administrative/quasi-judicial functions which at present require
an inordinate amount of the Judge's time. The number of debt cases has increased
substantially in the last 10 years, and the provision of an alternative method for
resolving these cases will enable Judges to spend more time with those cases which
properly require their legal training.
In November 1975, four offices of the Court Referee were established at Kam-
loops, Terrace, Campbell River, and Vancouver. These court officers are presently
handling all referrals of debt cases from the Provincial Court in their area and are
also assisting the court in any administrative area which is delegated by the presiding Judge. The Court Referees are also taking referrals of debt cases from the
court registry, Judges, or any social service agency.
ADMINISTRATION OF JUSTICE
S 37
CORRECTIONS BRANCH
Acting Deputy Minister: John Ekstedt
In April of 1974 the Attorney-General of British Columbia announced a
detailed plan of over-all policy and programs for the Corrections Branch. This
statement included a time-table of implementing a philosophy of corrections and
became known as the "Five-year Plan."
Five-year Plan
The plan, now in its second year of implementation, included a confirmation
of a long-standing commitment to the dissolution of large, ineffective and outdated correctional centres, adult remand centres, and juvenile detention homes.
It called for the development and utilization of a wide range of community-based
programs as alternatives to incarceration, reflecting the sentencing trends of the
Courts toward more probation supervision, and short periods of incarceration.
Where some form of custody arrangement is required for dangerous or predatory
offenders, institutions were to be small and fully secure. The increased involvement of the Branch in the areas of prevention and diversion with both juveniles
and adults was sanctioned and encouraged.
The plan was premised on historical experience that not all those who break
the law are alike and it is ineffective to treat them as if they were. The community
must take responsibility for its members that break the law, but it is equally important that offenders recognize their responsibility to the community and are given
the opportunity to pay their debts to society in a meaningful way.
The implementation of the plan has been highlighted in the past year in the
following areas:
• Phase-out of Haney Correctional Centre.
• Phase-out of the sentenced population at the Vancouver Island Regional
Correctional Centre, with that unit now being utilized as a remand classification unit only.
• Reopening of Chilliwack Security Unit.
• Opening of Jordan River Forestry Camp on Vancouver Island.
• Expansion in the use of temporary absences, particularly for work releases.
• The opening of another three community correctional centres, bringing
the total to six, with the utilization of nine community residential centres
throughout the Province.
• The implementation of the Community Service Order program in nine
pilot project locations and the subsequent expansion of the project to 30
locations throughout the Province.
• The expansion of Impaired Drivers' Courses from six courses in six locations to 33 courses in 27 locations throughout the Province.
• The continuation of the Bail Supervision project in Vancouver with the
more recent expansion to Victoria and Surrey.
In addition to streamlining the Branch's own Correctional resources, as a
result of the initiative of the Attorney-General, bilateral talks with the Federal
Government are being undertaken in order to reduce the duplication, overlapping,
lack of communication, inefficiency, ineffectiveness, and lack of rational basis
S 38 ATTORNEY-GENERAL
characterizing the two separate systems of Corrections in this Province. A Federal-
Provincial Task Force on Corrections in British Columbia has been established to
examine alternatives to a system competing for resources, developing and still
expanding side-by-side a broad range of alternative correctional responses for those
persons convicted and sentenced by the courts.
Organization of the Branch
Since 1973 the Branch has consisted of three major divisions, with Inspection
and Standards providing a fourth unit with a very specialized function. The three
divisions are Community Services Division (Probation), Institutional Services Division, and Planning and Development Division.
1. Community Services Division
This division now employs 364 probation personnel in over 70 locations
throughout the Province. Probation officers continue to undertake a variety of
resource development roles in addition to their regular responsibilities to the
courts—preparing pre-court and pre-sentence reports, supervising probationers,
monitoring maintenance orders, and performing Family Relations Act work. The
development of Impaired Drivers' Courses, attendance centres, community service
projects, and the success of such projects is directly attributed to the work of Probation Officers in the local communities.
Management by Objectives
This past year has seen the continued incorporation of the principles of Management by Objectives and, for the first time, the establishment of a Provincial
Operational Plan to include objectives, responsibilities of personnel, and implementation procedures. Case management rather than supervision has become the
focus in the carrying-out of responsibilities by the Division. Two major programs
implementing the concept of case management have seen major expansion in this
past calendar year.
Community Service Order Program
The Community Service Order program is one by which the convicted person
renders some form of direct or indirect service to his community or his victim. It
has been found an effective method of involving the offender with his community,
compensating the community, and a benefit to the offender. Under the supervision of a community service officer, an individual whose sole responsibilities are
to implement and supervise such a program, the following statistics are available,
from its inception from late 1974 to the end of 1975: 601 persons have completed
a service assignment with a 98.4 per cent rate of success. Hours of work totalling
16,025 have been rendered, with 83 per cent providing service to the community
and 17 per cent service to victims.
The potential cost benefit of the Community Service Order program to the
community has not been fully examined. However, the latest indications are that
there is a clear economic return to the community. For example, Cultus Lake
Park has received severe damage over a period of several months. During that
time, 94 people have been involved in rectifying the damage. Most offenders
involved in community service do so as a condition of probation.
ADMINISTRATION OF JUSTICE S 39
Impaired Drivers' Course
Drinking and driving is one of the most frequent crimes in British Columbia.
The Impaired Drivers' Course now in many locations throughout the Province has
been the result of a major effort on the part of probation officers, other justice
system personnel, interested agencies, and concerned citizens. The program is
designed as an informative educational program for convicted impaired drivers.
Co-ordinated by a moderator, other resource people take part—the local doctor,
Judge, policeman, coroner, ambulance driver, probation officer, insurance man,
alcoholism counsellor, and so on. The course is compulsory by court order as part
of probation, usually in addition or as alternative to a fine and/or imprisonment
as well as suspension from driving. Funding for the courses has come through the
Alcohol and Drug Commission. However, in the next fiscal year, the Corrections
Branch has budgeted to implement courses in all locations in the Province where
a need is indicated. Many of the present courses now have waiting lists.
Attendance Programs
Supplementing the many programs for young offenders which are run by the
Department of Human Resources, the Division has continued its involvement in
attendance programs, particularly week-end/residential wilderness experience programs. The Porteau program near Squamish this past calendar year has seen 27
out of 30 boys graduate successfully from the summer course and three groups of
10 go through the nine-week training winter program. On Vancouver Island,
Metchosin Camp has provided services for 113 individuals and last summer set a
precedent by including six juvenile girls on the summer program. Centre Creek,
formerly part of the Chilliwack Forest Camps complex, now is being used for young
adults who might be transferred to adult court. The personnel and facilities will be
transferred from Institutional Services to the Community Services Division on
April 1, 1976.
Detention centres in Vancouver and Victoria for those who require a secure,
short-term, pre-dispositional stay continue to be run by the Division.
2. Institutional Services Division
This Division has responsibility for eight major correctional centres, which
includes three specialized facilities and 11 forest camps, six community correctional
centres, and the purchased use of bed space in nine community residential centres.
This year, there have been added three community correctional centres, one more
forestry camp, with another in the process of being opened, and the increased use
of four more community residential centres. The Division has the responsibility for
some 1,800 inmates.
Community Correctional Centres
The increased use of community correctional centres with the emphasis on
inmates' daily attendance at work or educational programs has seen the concomitant
expansion of the Temporary Absence program, particularly in these two categories.
Temporary Absence Program
In 1975, 1,107 temporary absence work releases were granted throughout the
Province, resulting in 23,019 days of work. A total of $492,217 was earned by
inmates, with $46,525 returned to the Government for room and board and $53,138
S 40 ATTORNEY-GENERAL
in income tax. Additionally, $50,627 was paid out in family maintenance, $11,687
in restitution and fines, and $26,717 for debts. The rest of the money goes to personal expenses incurred while working and bank savings for time of release. In
order to fully appreciate the impact of these programs, it is important to note that
it costs approximately $30 per day to house an inmate in an institution versus
approximately $20 per day in a CCC program.
Co-ed Facilities
The Branch set a precedent in 1974 with the establishment of a co-ed facility
at Prince George. The year under review has seen further experimentation in this
area with several men from Alouette River Unit, which is an addiction treatment
centre for men, being transferred to Twin Maples, its counterpart for women.
Experience to date indicates a very positive outcome of this development for both
staff and inmates.
This past year has also seen the development of other innovative programs
within the Division. Two noteworthy examples are the Community Service program from the Prince George Regional Correctional Centre and the Impaired
Drivers' program at Alouette River Unit.
Escapes
This past calendar year has seen an increased number of escapes from Branch
facilities. The increased use of probation by the courts as alternatives to imprisonment has meant that those still incarcerated form a more hard-core, though not
necessarily a more dangerous, group than in the past. The traditional open settings
have not needed the higher level of program involvement which the new group
requires until now, and Institutional Services is currently taking a close look at
such needs with a view toward implementing appropriate changes.
3. Planning and Development Division
This calendar year has seen a major reorganization of this Division, which
now offers a variety of specific services, including the wide-ranging involvement
of the Executive Director in Federal/Provincial relations. The following sections
now fall within this Division: Staff Development, Planning, Research, Information
Services, Volunteer programs, Bail Supervision project, religious programs, Library
Services, and Purchase of Service Funding. Specifically, this year has seen the
expansion in the capabilities of Research, which is now producing regular evaluative reports and statistical indices, and the formation of Information Services with
responsibilities for all formal publications of the Branch, and public information.
The continuing interest of outside people for information about Corrections is indicated by some 200 written requests, in addition to telephone inquiries handled in
the past year.
Funding
Purchase of Services Funding set a precedent this year with some $1.5 million
being provided for more than 40 agencies or organizations offering needed services
for the Branch.
Bail Supervision
Supervision in the community of those on bail in place of being held in custody has provided an exemplary model for other jurisdictions as well as being a
ADMINISTRATION OF JUSTICE S 41
substantial saving for the community. The operational report on the Bail Supervision project in Vancouver indicates that their costs are $2/day per person as
opposed to $30/day costs to hold a person in custody; 701 people have been
supervised by project personnel in the past year.
Staff Development
Staff Training and Development have expanded to provide the necessary support in personnel development and training for new programs such as the Community Service Order program and community correctional centres. Specialized
courses such as mid-management training are now being offered in addition to
regular training and refresher courses.
Volunteers
The Volunteer program continues to expand with some 400 volunteers now
registered throughout the Province. To help facilitate development in this important area, a Provincial co-ordinator and regional co-ordinators have been appointed.
4. Inspection and Standards
During the past year, this specialized unit performed 22 inspections on Branch
facilities in order to assess the quality of the service delivered. It also conducted
32 investigations falling into such categories as special investigations, investigations of accidents, fires, escapes, alleged staff misconduct, and suicides. In the
course of the year, 142 inmates filed 163 grievances for which responses and
recommendations have been made. In addition, the unit's personnel have been
involved in many other activities relative to quality of service—involvement in
revising Gaol Rules & Regulations, the preparation of a Manual of Standards for
High Risk Programs, and a Small Arms Manual.
Capital Construction
The capital construction program to replace large and outdated facilities has
not seen any progress in the past calendar year. The major priorities are to replace the Lower Mainland Regional Correctional Centre at Oakalla, the remand
facilities at Vancouver Island Regional Correctional Centre, the facilities at the
Kamloops Regional Correctional Centre, and the dormitory at New Haven, which
was burned down in 1971.
Relationship to Other Departments
In carrying out its function, the Branch continues to have extensive formal
and informal relationships with other Provincial departments—Departments of
Human Resources and Education, and Forest Services are noteworthy. Co-operative links also exist with Federal departments such as the Solicitor General, Manpower, and so on. This sharing of resources and/or expertise is seen as a necessary element in the over-all effectiveness of the Corrections Branch.
Separate Report
The Corrections Branch files a separate report with the Legislative Assembly.
That report will provide a descriptive and statistical profile of the Corrections
Branch of the Department of the Attorney-General for the calendar year covered
by this summary. The complete report should be consulted for further information.
S 42 ATTORNEY-GENERAL
JUSTICE COUNCILS
Director: Don McComb
Justice Councils are designed to involve the general public in the administration of justice throughout the nine justice regions of the Province. With the active
support of professional staff from the major divisions (Police, Courts, Corrections,
and Legal Services), Justice Councils work to improve justice services at the local
community level. The main objective is to achieve a more open and accessible
justice system for members of the community.
The typical Justice Council is comprised of members of the general public
and professionals working together on problems they have identified, contributing
to the planning of new programs, and informing their community about needs and
priorities in justice services.
Formation of Local Justice Councils
In 1975, an organizational year, the regional co-ordinators established over
50 local Justice Councils in their nine regions of the Province. Local communities
and local issues determined the structure and representation of each Justice Council.
This process continues in both outlying areas and in the smaller communities within
the large urban centres.
Regional Justice Councils
In three of the regions, representatives from each local Justice Council have
met as a regional Justice Council to exchange information, to assess the justice
needs of the whole region, and to learn from key representatives of the Department, the Federal Government, or other public and private organizations, changes
in policy or about future programs. Such regional Councils are planned for the
whole Province.
Public Education and Information
A major function of Justice Councils is to conduct workshops, seminars,
public displays, and other educational activities designed to inform the public of
the various service trends in the justice system as well as to bring members of the
general public and justice professionals in direct and regular contact. During the
year a number of special educational events have been sponsored by local Justice
Councils, generally in co-operation with other sectors of the Department or outside
organizations. These programs are designed to foster greater public awareness
and understanding of justice services in the community.
Local Justice Projects
The Justice Councils have provided a forum for new ideas and have assisted
community groups to present their ideas to the Department. Working with the
Justice Development Fund, the local Justice Councils and regional co-ordinators
have assisted in the development of new programs. Because many projects span
more than one organization or field, Justice Councils have facilitated a team management approach whereby greater co-operation is achieved. Local management
has provided greater potential for some inherent values and ideas to be transferred
to regular services after the project is completed. Projects of this kind have involved the major divisions (Police, Courts, Corrections, and Legal Services) as
ADMINISTRATION OF JUSTICE
S 43
well as other Provincial departments, private voluntary agencies, and Federal
Government departments operating within the British Columbia region, particularly
the Regional Consultant of the Ministry of the Solicitor General.
The local Justice Council or its staff does not administer funds or programs.
Its role is to create support and co-ordination for programs carried out by both
public and voluntary agencies.
The Public and the Justice System
The creation of Justice Councils has provided the major divisions of the Department greater access to local attitudes on justice needs and priorities. Members
of the RCMP, B.C. Police Commission, Courts Facilities and Management Group,
the Corrections Branch, and the Legal Services Commission have met with and
had the opportunity to explain their plans to local Justice Councils. Direct contact with citizens engaged in and concerned with the justice system has provided
Departmental representatives with an appreciation of local and regional conditions.
Examples include local community suggestions on court facilities, community
corrections centres, community law programs, and team policing strategies.
A major review by many Justice Councils on the proposed Federal legislation
concerning "Young People in Conflict With the Law" was carried out at the end
of the year. Briefs to the Department arising from this process contributed to
the Province's discussion with the Federal Government.
Some regions have also established regional meetings of professionals serving
within the justice network. Discussion of common issues, clarification of policies
and services, and the future needs for the region are among the major areas for
improving planning within the justice field and facilitate a more unified approach
in the community.
Special Assignments
Because of close association with their communities, the regional co-ordinators
have been required frequently to act, on behalf of the Department as a whole, to
defuse a situation in a local community by acting in an ombudsman type of role,
and to facilitate a two-way flow of information between the Department and the
public.
S 44 ATTORNEY-GENERAL
JUSTICE DEVELOPMENT COMMISSION
Executive Director: Gregg Macdonald
The Justice Development Commission is the research, planning, and development arm for the Attorney-General's Department relating specifically to the management units within the administration of justice (Police, Courts, Corrections,
Legal Services).
The Commission has a responsibility to contribute to the establishment of
policy within the administration of justice through co-ordinated planning and
research, and through the provision of information to decision-makers. Also
through its various working groups and resource bodies, the JDC has a responsibility to further the implementation of policy by the development of special projects, the grant funding of community agencies, and the provision of information to
the public.
The Justice Development Commission was comprised of the following working units during 1975:
1 Court Planning and Facilities
2 Justice Information Systems
3 Justice Councils
4 Information and Public Programs
5 Research Centre
6 Grant Funding (Justice Development Fund)
7 Pre-trial Services
8 Planning Unit.
By December 1975, much of the work of the Commission had been completed. Accordingly, the composition and role of the JDC is undergoing an extensive review before the start of the next fiscal year.
JUSTICE PLANNING UNIT
Director: M. Shpizner
During the organizational changes which occurred within the Department in
spring 1975, the functions of the Planning and Research Unit (see Annual Report,
1974) were incorporated into the Justice Planning Unit and the Research Centre.
The primary objectives of the Justice Planning Unit are to
(1) develop a framework for comprehensive planning within the administration or justice;
(2) provide technical and professional consultation to divisions within
the administration of justice and to other working units of the
Justice Development Commission;
(3) facilitate cross-divisional co-ordination in justice planning;
(4) develop mechanisms for budget planning and program evaluation
within the Department;
(5) pursue strategy development around specific issues (e.g., juvenile
and Native concerns).
During 1975 the Justice Planning Unit continued work on projects which had
been developed by the Planning and Research Unit, and, in addition, initiated a
number of new activities. Examples of projects and activities undertaken by the
Justice Planning Unit are discussed below.
ADMINISTRATION OF JUSTICE
S 45
Diversion
An extensive survey was completed, outlining diversion activities related to the
administration of justice in British Columbia.
Budget Planning
In co-operation with the Finance and Administration Branch, the Budget
Planning Group has developed a more effective system for financial management
reporting, as well as a new system for budget-program planning.
Natives
A planning effort was initiated to address the issue of Natives and the criminal
justice system in British Columbia. A discussion paper presented to the Department's Policy Committee included demographic information, data concerning
Natives in the justice system, a survey of current program and consultation activities, and observations and recommendations.
Juveniles
A document entitled "Juvenile Delinquency in British Columbia" was prepared for the Policy Committee. This work provides an integrated definition of the
problem and the direction advocated by the numerous reports and commissions on
the subject; presents a comprehensive statistical profile on the nature and extent
of the problem, including a discussion of past and projected trends; and identifies
the programs and resources that are currently available for juveniles within various
Government departments in British Columbia.
Justice Councils
In conjunction with the Director, Justice Councils, a study has been undertaken to examine the development of Justice Councils in light of the goals and aims
originally articulated.
Confidentiality and Public Information
A study has been completed, examining the provision of information to the
public. A discussion paper and draft policy statement have been prepared.
PRE-TRIAL SERVICES
Director: Robert J. Lemiski
During the past year the Division has been providing answers to the question
"What kinds of services should be provided to a person who has been arrested or
charged with an offence, from the point of the arrest to the termination of the
situation?"
Completion of the Autumn project (commenced in Oakalla in the fall of
1974) and publication of the Autumn Project Report provided some of the answers.
They were spelled out in concluding materials given wide distribution as Principles
and Recommendations. Adoption of same and full implementation are not yet
resolved.
Partial implementation of some of these answers was carried out by the
Division through the establishment of formal Remandee Services throughout the
S 46 ATTORNEY-GENERAL
Province. At present every person remanded in custody to a Provincial institution
is interviewed by an assistant who is concerned with the accused's knowledge of
his or her situation, bail perfection ability, legal assistance, early trial date, and
general humanitarian issues. This interview assistance is supported by budgetary
provisions for long-distance phone calls, transportation, and other special needs.
In addition, data are collected for planning purposes to provide further services to
remandees.
The Division published and distributed widely a book entitled Studies in Pre-
Trial Release, which focused on bail appeals, detention reviews, and estreatments.
Major operational changes are resulting from this work, especially with respect
to estreatments after it was revealed that less than 1 per cent of "marked" bail
moneys were being collected by the authorities.
A variety of assistance was provided by the Division to several groups working in the criminal justice system. A major survey assessing the extent of criminal
legal aid was published for the Legal Aid Society; a detailed critique of the operation of Bail Supervision programs was provided for the Corrections Branch; extensive assistance was provided for the Family and Children's Law Commission
Subcommittee on Juveniles with regard to holding facilities; educational materials
on the subject of new approaches to prosecutorial discretion were distributed to
Crown counsel throughout British Columbia; training and technical assistance was
given to several groups conducting "diversion" programs.
Work-in-progress includes in-depth analysis of the administration of criminal
justice in the Criminal Division of Provincial Court with special emphasis on the
operation of bail policies and procedures. Apart from this applied research, the
Division is continuing to provide real services on a demonstration basis to the
pre-trial clientele through educational aids such as posters, pamphlets, and booklets
as to rights and responsibilities.
RESEARCH CENTRE
Director: Dr. Pauline Morris
The Research Centre, a relatively new addition to the Department, came into
existence officially on July 1, 1975. It was first conceived of earlier that year,
when researchers in the various divisions of the Department's Administration of
Justice Section expressed the need for a central unit capable of undertaking research and assisting in the co-ordination and planning of research activities in the
divisions.
Recently, a clearer definition of the Research Centre's functions has evolved.
Firstly, it performs a co-ordinating function as set out above. Secondly, in its service role, the staff of the Centre is available to assist in research design and to help
recruit suitably qualified staff. Further, it reviews research reports prepared by
the Justice Branch of the Department. Thirdly, it is also to be regarded as the
entry point to the Provincial justice system for those persons desiring to do research,
regardless of the dependent or independent nature of the applicant's funding.
Finally it will undertake self-initiated research of both a short and long-term
nature.
During the short period of the centre's existence, the staff has undertaken, or
participated in, several projects, a few of which are mentioned below.
Corrections requested that the centre be involved in monitoring and evaluating
the Women's Community Correctional Centre in Vancouver. A research officer
ADMINISTRATION OF IUSTICE
S 47
is currently preparing a preliminary report documenting developments to date and
determining the information needs for an evaluative study.
The Director of the Justice Development Commission requested and received
comment on the Solicitor General's Research Guide. The centre has also provided comment on a number of research reports produced by other divisions of
the Department.
Consultation with several of the Justice Council Co-ordinators took place
after they had expressed an interest in developing an inventory of services for
each Justice Council region.
The Justice Development Fund requested that assistance be provided in developing an evaluation methodology for a street-worker project and a brief "state
of the art" paper was prepared, together with suggestions as to how such an evaluation might be approached.
The Police and Community Service project requested that the centre act as
consultants to the project. A new research officer was recruited, some of the
questionnaires were redesigned, and help was given with the training of interviewers.
At the request of the Legal Services Commission, the centre has outlined
potentially important areas for social research in the field of legal services.
INFORMATION AND PUBLIC PROGRAMS
Co-ordinator: Peter Hay
Background
In late 1974 the Deputy Attorney-General and the executive committee of
the Justice Development Commission undertook to solve some of the enormous
communications problems plaguing the Department as a whole and the administration of justice in particular. A co-ordinator was hired, and given the mandate to
develop and implement policies regarding internal and public information, to encourage liaison with and participation from interest groups and the public, and to
initiate public education programming about the justice system and services offered
by the Attorney-General's Department.
The most pressing task was the lack of information about new policies and
changes in administration for people inside the system charged with carrying out
these policies. To keep them abreast of current developments and to provide a
forum for open discussion on matters of law and the justice system as a whole, in
December 1974 a monthly newsletter, Process, was launched.
Publications
Process, reflecting the nonpolitical role of the Attorney-General, is unique in
many respects. As a Government publication, it reports on new legislation and
programs. At the same time it provides a platform for free debate and criticism
of such legislation and programs from both within and outside of the system.
Like its parent, the Justice Development Commission, Process is also unique in
presenting a cross-system overview of the administration of justice. This means
that police, legal services, courts, and corrections workers receive information
for the first time not only about their own areas of endeavour but can assess the
impact of their work or particular problems in the context of the justice system as
a whole. Printed on the cheapest paper, with a mailing that grew in eight months
to 11,500, Process has become the most effective and cohesive mechanism for in-
S 48 ATTORNEY-GENERAL
ternal and public information, attracting requests and favourable comments from
people of all political persuasion and from wide-flung jurisdiction across the continent.
Annual Report
To provide similar cohesion and overview of the entire, heterogeneous Department, other publications have been undertaken. In 1975, the first Annual
Report of the Attorney-General in the 75-year history of the Department was
tabled in the Legislature and made available, on a limited basis, to the public.
The response was overwhelming and, hopefully, annual profiles of the Department
will be published regularly in the future. A progress report of the entire Department's activities in newspaper format, Justice Review 75, was published as a year-
end supplement to Process.
Consultation
In a consulting and support capacity, the program has been responsible for
evaluating existing information services or needs within the larger divisions of the
administration of justice. As a result, Corrections Branch hired a full-time Information Officer and beefed up its internal communication system. Support services
were provided to the B.C. Police Commission and to courts, but there are still gaps
to be found in the system. Toward the end of 1975 the Deputy Attorney-General
requested that such consultation and evaluation be expanded to the rest of the Department. Currently, attention is given to developing information services for the
Liquor Administration. A brief survey was made of information services and
education programs throughout the Department. Recommendations await implementation of an over-all Government policy.
Rationale in Public Education
In the original mandate for this program a major emphasis was placed on the
development of public education. This is seen in the long run as the key for gaining public support in the fight against crime and in creating a more humane as
well as more efficient and equitable system of justice in the Province. A major
effort is being made in Canada and the United States to introduce "diversion"
programs as a way of avoiding the minor or less dangerous offenders from overtaxing and draining the limited resources of justice services. The ultimate diversion program lies with education. Only a knowledgeable and responsible public
can check the social problems and lawlessness which are placing an increasingly
heavy strain on the whole system.
Projects
In collaboration with divisions of the Attorney-General's Department, the
Bar Association, educational institutions, community groups, and individuals, a
number of projects have been undertaken. These include the publication and
dissemination of brochures which provide information about corrections, sheriffs,
assisting the public in handling complaints against the police, on duties as a witness, how to use Small Claims Court, etc. An educational kit was developed to
aid the establishment of Justice Councils. Several programs about aspects and
problems of justice were produced on community cablevision. Slide-tape presentations about the work of the Corrections Branch were prepared. Public meetings
and displays were organized and co-sponsored by Justice Councils. A number of
outside projects were evaluated and some funded. All in all, a small beginning
was made in demonstrating the possibilities of mass communications technology
in making the justice system more accessible to the public.
ADMINISTRATION OF JUSTICE
S 49
Support Services
Information and Public Programs also provides support services to the Department in a number of important areas. Apart from consulting to senior administrators, monitoring and evaluating the public impact of Department programs,
technical advice and assistance are given in the production of all printed and audiovisual materials, the acquisition or rental of equipment, advertising, recruitment
campaigns, and training aids. A Province-wide catalogue of audio-visual facilities
has been compiled and distributed to regional Justice Council Co-ordinators. A
catalogue of films and videotapes, produced or acquired as part of a library for
purposes of training and public education, is updated.
Like the Justice Development Commission, Information and Public Programs
has been developmental in nature. It found some very real needs in the Department and among the public, and has demonstrated some possible solutions through
better communication.
S 50 ATTORNEY-GENERAL
FAMILY AND CHILDREN'S COURT SERVICES
Chairman: Judge Harold Keenlyside
In December 1973 the B.C. Royal Commission on Family and Children's
Law was established under the chairmanship of Justice Thomas Berger. The
Commission was given a mandate not only to recommend changes in the law relating to families and children but also to undertake projects that would implement
and test proposals for reform.
The Commission produced 13 reports which recommended both structural
reform of the courts and major changes in substantive family and children's law.
The hundreds of recommendations were formulated with a great deal of input from
the public and professionals throughout British Columbia, and thus were able to
reflect the views, needs, and priorities of the citizens of the Province.
First, Second, and Third Report—Based on its mandate, the Commission
established a pilot project in Surrey, Richmond, and Delta to test out its concept
of a Unified Family Court. The Commission's first three reports dealt with the
establishment of this pilot project.
Fourth Report—Studies gained from the monitoring of the project indicated
that progress was accomplished in providing a more efficient court service in the
area of family law. This led to the issuing of the Commission's Fourth Report,
which recommended the phased expansion of the Unified Family Court concept
throughout the Province. This report also contained many recommendations
regarding the delivery of services to young people in conflict with the law.
Fifth Report—The seven parts of this report contain recommendations regarding the status of children born outside of marriage, children's rights, the special
needs of special children, protection of children, custody, access and guardianship,
and adoption. Legislation to enact these recommendations is being drafted and
will consolidate most children's law into a single Statute.
Sixth Report—This report on matrimonial property recommends a substantial
change in the law to a system of community property with joint management.
Seventh Report—This report recommends substantial changes in the area of
family maintenance.
Eighth Report—This report addresses itself to the many issues involved in
preparation for marriage.
Ninth Report—This report comprises the first productive attempt in Canada
to come to grips with many of the unresolved issues involved in the area of artificial
insemination.
Tenth Report—This report, entitled "Native Families and the Law," is based
on input from the Native Indian community of British Columbia. It gives an overview of the Native situation with regard to family law.
Eleventh Report—This report contains recommendations regarding change
of name.
Twelfth Report—This report deals with the consent of minors to medical
treatment.
Thirteenth Report—The final report of the Commission, entitled "The Commission and the Community," does not contain any recommendations. Rather, it
ADMINISTRATION OF JUSTICE
S 51
documents all the efforts made by the Commission to consult and educate the public
and professional communities with regard to the law as it relates to families and
children in British Columbia.
In late June 1975, the Provincial Cabinet accepted in principle the 66 recommendations contained in the Fourth Report. On July 17, 1975, a team was
appointed to implement many of the recommendations. This team was composed
of Judge Harold Keenlyside, a Family Court Judge who sat in the pilot project;
Mish Vadasz, a social worker and member of the Commission; and Allison Burnet,
a lawyer and executive secretary of the Commission. This team, assisted by professional staff, has been planning for a gradual implementation of some of the
recommendations in the Fourth Report.
S 52 ATTORNEY-GENERAL
BRITISH COLUMBIA BOARD OF PAROLE
Chairman: S. Rocksborough Smith
Hearings
The Board held 68 hearings during the last calendar year at various community centres throughout the Province. When hearings could not be held, a
member of the Board undertook to interview inmates and to report the results at
a subsequent hearing.
During the year, 238 young-adult offenders serving definite/indeterminate
sentences were released on parole as a result of decisions made at these hearings.
During the same period, 82 paroles were suspended either for a temporary period
or indefinitely, and 77 paroles were revoked. Compared with last year's statistics,
these figures do not appear to point up any significant new trends.
At the end of the year there were approximately 500 young-adults in the
system, slightly over one third of them on parole.
Aims and Objectives
The Board of Parole has two statutory functions to perform under section
150 of the Prisons and Reformatories Act (Canada)—to inquire from time to time
into the cases of young-adult prisoners sentenced to indeterminate periods and,
where it thinks proper, to permit prisoners serving such sentences to be paroled
under conditions approved by the Solicitor General of Canada. Furthermore, it
is assumed by the legislation that the Board will monitor the supervision of those
placed on parole and where the conditions of parole are not being maintained will
consider the suspension or revocation of the parole.
The objective of the definite/indeterminate sentence, enacted by the Government of Canada in 1949, is to provide a special type of sentence to enable the
young-adult offender who has failed in the past to respond to supervision in the
community to undergo a period of institutional training followed by release on
parole. The Board's task then is to satisfy itself that the offender has reached
the stage in his training where he is ready and able to accept the responsibilities
of community-living under the supervision and direction of a probation officer.
He is then released to continue his training in the community on parole.
This type of sentence can only prove effective where a variety of institutional
training opportunities are made available to deal with the varying types of offender
within the young-adult age-group. Some may require only the shock of loss of
personal liberty to bring them to their senses, others may require a stiff challenge,
yet others may need a lengthy period of training, starting in a security institution
from which they cannot escape and where habits of industry and application and
a growing sense of social responsibility will take time to develop. These diverse
training facilities will need to be staffed with trained correctional officers suited
to the task and capable of developing the potential in each offender, planning,
training, assessing progress, making modifications where necessary and preparing
the individual for eventual release under supervision. The institutional training
will be of little value, however, if a sufficient number of field probation officers is
not available to work closely with the institution in planning the offender's introduction to the community.
ADMINISTRATION OF JUSTICE S 53
Resources
With the sudden closure of the Haney Correctional Centre in July of this
year, the training facilities available to the young-adult offender were seriously
curtailed and over 100 young adults sentenced to definite/indeterminate sentences
were transferred to regional prisons throughout the Province, and the majority to
the Lower Mainland Regional Centre in Burnaby. These institutions have no
facilities for training, nor have they trained staff available to undertake release
planning. The Board has found it increasingly difficult to carry out its responsibilities in assessing preparedness for people under these circumstances. It has
been a constant struggle throughout the year to determine where many of these
offenders are being held and what they are doing. Therefore, attempts at release
planning have frequently been aborted through lack of adequate knowledge and
assessment.
Field probation officers have been most co-operative with the Board in
attempting to devise release plans to the best of their ability, frequently on very
short notice and with little advice as to the capabilities of the individual referred
to them. It is very obvious that this type of planning is not conducive to success
on parole and has no doubt resulted in many more suspensions and revocations
than would have been necessary had parole preparation and planning been carried
out as part of an organized ongoing program.
In a meeting with the Corrections Branch management team in September, the
Board discussed these concerns and recommended that a senior member of the
Corrections Branch headquarters be given the responsibility of planning and overseeing a diversity of institutional training programs for this important group of
offenders. It further proposed that at each training facility a senior correctional
officer be appointed to monitor the program, assessing the individual's progress
and ensuring that adequate parole planning is, in fact, taking place both within the
institution and in the community. Without an organized system, with competent
Corrections personnel taking the responsibility for its operation, the Board cannot
adequately play its part nor fulfil the requirements set out for it by Statute.
Post-release residential facilities for the resourceless parolee, reported in last
year's Annual Report, remain woefully inadequate and there is still a great need
for more supervised group-living or halfway house accommodation for the released
offender, particularly those in their late teens who have no supportive family to
return to. Such places help to bridge over the difficult period between release
from an institution and assimilation into the community, particularly when employment is hard to find and the parolee is attempting to build a new life away
from his former criminal associations. Those few private agencies operating in
this field are doing an outstanding job and deserve greater support.
Temporary Absence
The Board welcomed toward the latter part of the year the addition of the
Burnaby Community Correctional Centre to the four already established during
the last two years. This brings the available accommodation in these community
correctional centres up to nearly 100 at any one time. Temporary absence has
been used to effect in preparing those offenders for parole who require more support, control, or supervision than a busy probation officer can afford. A supervised residence, a job, control over finances, and monitored recreational and social
activities can be first steps toward developing a pattern of social responsibility
which a subsequent period of parole can expand. However, these two devices,
S 54 ATTORNEY-GENERAL
temporary absence and parole, must not be confused. Temporary absence involves an administrative decision to test the offender's ability to plan and execute
an experience in controlled community-living for a limited period of time; parole,
on the other hand, is the community's decision (arrived at by its representatives
on the Board of Parole) that an offender has achieved a stage of social responsibility where he is already to return to the community on a conditional release and
finish off his sentence under supervision.
The Board has expressed its disapproval of young adults serving definite/
indeterminate sentences being granted temporary absences for "extended home
leaves." Under this provision the trainee lives at home, reporting to the community correctional centre as and when directed. The Board has taken the stand
that if a trainee is ready for extended home leave then he is ready for parole.
Activities
A number of visits were made by members of the Board to community correctional centres in the Lower Mainland area and throughout the Province, as well
as to halfway houses operated by private agencies. Many discussions were held
with various groups of Corrections Service personnel to work out satisfactory
operational procedures for presenting candidates to the Board and reporting on
their supervision. The Federal institution at Matsqui was visited and three members of the Board attended a day-long seminar at the Federal Regional Medical
Centre on the "problem of treatment in penal setting." The Board was also represented at a seminar sponsored by the Federal Government on "mutual agreement
programming."
In February and March the Chairman led two successive sessions on "sentencing" at the annual seminar of Provincial Court Judges, along with Dr. Fattah
of the SFU Department of Criminology, in which the deterrent effect of legal
sanctions was discussed. The Chairman also met with two groups of probation
officers in training throughout the year to discuss parole and attended a seminar
organized by the Corrections Branch on community work service.
Members
Judge Watts resigned from the Board in February after many years of valuable service to take up a full-time appointment on the Provincial Court Bench.
The vacancy was filled by the appointment of Mrs. D. E. Varley, of Richmond.
Mrs. Varley brings to the Board a wealth of experience in dealing with people and
their problems.
STATISTICS
January 1 to December 31, 1975
Hearings held 68
On parole as at January 1,1975 .191
Released on parole 238
Paroles suspended .82
Suspensions terminated and paroles reinstated 20
Paroles revoked . 77
On parole as at December 31, 1975 . 175
ADMINISTRATION OF JUSTICE S 55
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. As
was stated in last year's Report, the nature of the Commission's work does not call
for a high degree of visibility, nor, in the ordinary course of events, 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.
A complete account of the Commission's work during 1975 may be found in
its own Annual Report, which is tabled separately, but the following summarizes
some of the more important of the Commission's achievements over the past year.
Final reports were submitted to the Attorney-General on the following subjects:
1' The Costs of Successful Unassisted Lay Litigants.
2 The Termination of Agencies.
3 Powers of Attorney and Mental Incapacity.
4 Personal Property Security.
5 Security Interests in Real Property: Remedies on Default.
Working papers which have not yet been followed by final reports were issued
on the following subjects:
1 Minors' Contracts.
2 The Extra-judicial Use of Sworn Statements.
Legislative action was taken in 1975 to implement, wholly or in part, the
recommendations contained in the following reports of the Commission:
1 Limitations—General (Limitations Act, S.B.C 1975, c. 37).
2 Interim Report on Evidence (Attorney-General Statutes Amendment
Act, 1975, S.B.C. 1975, c. 4, s. 6).
II LEGAL
DEPARTMENT
S 58 ATTORNEY-GENERAL
GENERAL ADMINISTRATION
Associate Deputy Attorney-General: Alex L. Pearson, Q.C.
Headquarters
In March of 1975, as a result of a reduction in the statutory retirement age for
Judges to 65 years, five legally trained and 36 lay Judges were retired from the
Bench, leaving 150 Judges in office, of which 97 were employed on a full-time basis
and 53 on a part-time basis.
Thirty-seven of the retiring Judges were entitled to receive separation from
service allowances based on their monthly salary multiplied by the number of
years of their service, ranging in amounts from as low as $1,500 to a high of $37,000,
making a total payment by Government of $470,874.02.
In September 1975, as a result of another amendment to the Act, the appointments of all the remaining part-time Judges were also terminated. However, they
were each entitled under the Statute to elect to hold office as a Justice of the Peace,
or to receive a separation allowance or, if eligible under other legislation, to receive
a superannuation allowance, or to receive the allowance plus a refund of the amount
of their contributions, if any, toward superannuation under the Government superannuation scheme. Of the 53 part-time Judges so affected, 27 elected to hold office
as Justices of the Peace or took public service appointments as Court Administrators.
On January 1, 1975, there were 190 Provincial Court Judges in British Columbia, including full-time, part-time, lay, and legally trained Judges. By the end
of the year the number was reduced to 100, all of whom were employed on a full-
time basis and all were persons who had acceptable legal training or judicial
experience satisfactory to the Attorney-General.
During the course of 1975, a Province-wide survey related to the Provincial
Court was made of all persons holding commissions as Justices of the Peace to
ascertain which of them were no longer involved, on a regular basis, with work
connected with that Court, resulting in a complete revision of the list and the cancellation by Order of the Lieutenant-Governor in Council of 243 such appointments,
leaving 235 Justice of the Peace commissions in effect at the end of the year.
A number of the terminated Justices of the Peace were given appointments as
Commissioners for taking affidavits to enable them to continue providing the
people of their respective communities with some of the services formerly provided
by them in their capacity of Justice of the Peace. As Commissioners, they are
authorized to take affidavits and statutory declarations and to administer oaths as
and when required.
The administrative work connected with the above has been quite extensive,
involving all the Judges and Justices of the Peace affected, senior members of the
Bench, numerous Government departments, and also the Lieutenant-Governor in
Council. Nevertheless, it has resulted in the creation of a greatly reduced but more
viable group of Judges and Justices of the Peace better able to perform the very
important duties connected with the Provincial Court of British Columbia.
LEGAL DEPARTMENT
S 59
CONSTITUTIONAL AND ADMINISTRATIVE LAW
Director: M. H. Smith
The year 1975 has been one of increased activity for the four lawyers, including the Director, and the three clerk-stenographers who comprise the Constitutional
and Administrative Law Section. The functions of the Section are as follows:
1. Constitutional Law
(a) To advise on all matters of constitutional law as they arise both within
the Department and within other departments of Government and to furnish legal
opinions in respect thereto:
(b) To represent the Attorney-General in all constitutional litigation; to
assist in preparation of such cases and to act as counsel or appoint counsel where
appropriate:
(c) To act upon all notices under the Constitutional Questions Determination
Act or Supreme Court Act (Canada); to seek instructions from the Attorney-
General and act as or appoint and assist counsel:
(d) To monitor proposed Federal legislation and programs in terms of their
constitutionality:
(e) To furnish advice, on request of the Premier's office, on the implications
to the Province of treaties and other international obligations not yet implemented
by Canada:
(/) To prepare Provincial responses to matters involving the Hague Conference on Private International Law, UNIDROIT, and UN agencies.
2. Administrative Law
(a) To handle all applications for prerogative writs, other than criminal,
served upon the Attorney-General and take all appropriate steps, including the
appointment of counsel:
(b) To act upon all notices of proceedings before Federal Boards or Commissions such as
Canadian Transport Commission,
Canadian Radio and Television Commission,
International Joint Commission, and
National Energy Board
on matters in which the Province has an interest and obtain instructions from the
Attorney-General or Minister most directly involved; to co-ordinate multi-departmental views; prepare the Province's position and take all necessary steps for the
making of a Provincial submission, including acting as or appointing counsel:
(c) To furnish to Provincial Boards or Commissions who seek it on administrative procedures or problems that may arise; to act as or arrange for the appointment of counsel to represent Boards and Commissions.
3. Intergovernmental
(a) To provide legal advice to Government on a wide range of Federal-
Provincial subjects:
(b) To identify Federal-Provincial programs directly related to our Department; to co-ordinate Departmental efforts and to assist in the preparation of
Departmental positions in respect of such programs:
S 60 ATTORNEY-GENERAL
(c) To assist in the preparation of background and position papers and
administrative arrangements related to intergovernmental meetings in which the
Department is involved.
The Section has, over the year, furnished a great many legal opinions on a
variety of subjects. These include, for example, numerous opinions on the applicability of various Provincial Statutes to Native Indians or to lands reserved for
them; an opinion on the question of Provincial jurisdiction over houseboats located
within the "public harbours"; several opinions on the applicability of Provincial
tax legislation to Federal Crown agencies; an opinion on the constitutional aspects
of proposed Federal Ocean Dumping Control legislation; an opinion on the constitutional aspects of the proposed "Young Offenders in Conflict with the Law" legislation; a series of opinions on the constitutional aspects of the Federal anti-inflation
program, opinion on the application of the Provincial Human Rights Code to
certain personnel employed by agencies under the jurisdiction of the Federal Parliament; opinions on the application of the Canada Labour Code to fisheries workers
offshore; an opinion whether the provisions of the Unified Family Court Act giving
penal sanction for disobedience to superior court orders constitute an infringement
on Federal legislative power in criminal law; whether capital punishment is cruel
and unusual punishment, thereby offending the Canadian Bill of Rights; whether
an interim order for custody under the Divorce Act over a child in another province
is paramount over an order made under the Equal Guardianship of Infants Act by
a court in the province where the child lives; numerous opinions on the jurisdiction
and constitutionality of the jurisdiction of the Federal Court of Canada.
Members of the Section have also acted as counsel in a number of hearings
before administrative tribunals and in a considerable number of court cases. Members of the Section have acted as counsel in three of four hearings conducted by the
Pollution Control Board and the Comptroller of Water Rights. The Section represented the Province at a hearing of the Air Transport Committee of the Canadian
Transport Commission into proposed fare increases on major national air-lines.
A member of the Section supervised British Columbia's intervention before the
Canadian Transport Commission in opposition to the proposed rate increases of
B.C. Telephone Company. The Department was represented in a hearing before
the Supreme Court of British Columbia on a question whether the Labour Relations Board of British Columbia is a tribunal analogous to a court appointed under
section 96 of the B.N.A. Act. In numerous applications for railway-line abandonments the Section prepared and submitted submissions and acted as counsel.
Other cases heard during the course of the year in which members of the
Section were engaged included the constitutional challenge of AUTOPLAN in the
Court of Appeal; the right of the provincial Labour Relations Board of Nova
Scotia to issue injunctive relief, a case heard by the Supreme Court of Canada; a
case heard by the Supreme Court of Canada which upheld the validity of the
Adoption Act of British Columbia in its application to Native Indian children; and
finally, a case in which an attempt to implead the Crown in right of the Province
in the Federal Court of Canada was successfully resisted both at trial and on
appeal.
It should be stressed that the above list of opinions given and interventions
made on behalf of the Attorney-General by members of the Section in the year
1975 is by no means exhaustive but is indicative of the kind of activities of the
Section.
Throughout the year the Director has acted as Chairman of the Federal-
Provincial Advisory Committee, a Departmental committee comprised of senior
LEGAL DEPARTMENT
S 61
personnel from each of the components of the justice system. Six meetings were
held in which an inventory of the various Federal-Provincial programs was identified and in at least two instances the Committee made a significant contribution
to formulating a Departmental position on matters to be discussed at the Federal-
Provincial level. On other Federal-Provincial matters, the Section was responsible
for preparing for the Federal-Provincial conference of Attorneys-General and Ministers of Justice, held in March 1975, two Provincial position papers on the subject
of the prosecutorial role in Canada and the enlarging jurisdiction of the Federal
Court of Canada. Moreover, the Director has been a member of the Federal-
Provincial Task Force on Corrections which is expected to make its report in
mid-1976.
It has been the aim of the Section throughout the year to do more of the
preparation for cases and hearings, including the preparation of factums and counsel work "in-house" rather than following the alternative course of obtaining outside counsel to do this work. As a result, members of the Section have been
increasingly challenged with a corresponding decrease in the amount of money
expended by Government in retaining these services from the private Bar on a fee
basis. While it is true that there will always be major constitutional cases in which
the experience of outside senior counsel will be required, it will be the aim of the
Section in 1976 to do even more of this work. Therefore, some additions to the
establishment of the Section will be necessary to accomplish this objective more
fully.
Litigation in Progress
Name of Case
Court
Nature of Proceedings
Reference re Georgia and Juan Court of Appeal
de Fuca Straits
To determine proprietory ownership of the bed of these
straits.
Canex Placer et al. v. the Crown B.C. Supreme Court
Constitutionality of Mineral
Land Tax Act and Mineral
Royalties Act.
Canadian Indemnity et al. v. Supreme Court of Canada
Attorney-General
CPR application for additional Canadian Transport Corn-
track, Tappen to Notch Hill mission
E & N Railway application Canadian Transport Com
mission
Mackenzie Valley pipe-line National Energy Board
hearing
Constitutionality of AUTOPLAN.
Provincial intervention based on
environmental and socio-economic impact.
Application of CPR to abandon passenger service; opposed by Province.
To consider applications for
pipe-line.
Cellcor Corporation et al. v. Federal Court of Appeal
AG (Canada) et al.
Capital Cities Communications Supreme Court of Canada
Inc. v. CRTC
Robinson v. Countrywide Fac- Supreme Court of Canada
tors Limited
Intervention in support of constitutional challenge to section 20 of the Federal Court
Act.
Constitutional jurisdiction over
cablevision; provincial intervention.
Constitutionality of Fraudulent
Preference Act (Saskatchewan).
S 62
ATTORNEY-GENERAL
Name of Case
Court
Nature of Proceedings
Regina v. Bordignon Masonry
B.C. Supreme Court
Constitutionality of Provincial
pollution control legislation
to False Creek.
Re railway barge traffic
Canadian Transport
Question of jurisdiction Commission over barge traffic.
Wicks v. Attorney-General
(B.C.)
B.C. Court of Appeal
Appeal from dismissal of Wicks
claim.
Union Oil v. Attorney-General
(B.C.)
Supreme Court of Canada
Jurisdiction of Federal Court
Act over Crown in right of
Province; application for
leave.
B.C. Packers et al. v. UFAWU
and Canada Labour Relations
Board
Supreme Court of Canada
Constitutional validity and jurisdiction of Federal Act over
Fisheries and Labour therein.
Regina v. Jack et al.
B.C. Court of Appeal
Charge under Federal Fishing
Regulations against Indians;
involving special claims to
aboriginal rights in Cowichan
Valley.
Regina v. Kruger and Manuel
Supreme Court of Canada
Aboriginal rights to hunt in British Columbia; Wildlife Act.
Regina v. Derriksan
Supreme Court of Canada
Aboriginal rights to fish in British Columbia; Fisheries Act.
Weldwood of Canada Ltd. and
IWA Local 217 and M. Lean
Supreme Court of Canada
A question of the meaning of
"discharge for just cause".
Moses v. the Queen
Supreme Court of Canada
Claim against Crown for trespass caused by highway on
Reserve.
In re Hall
B.C. Court of Appeal
Constitutional validity of custody orders under Equal
Guardianship of Infants Act
in face of order under Divorce Act.
In re MacDonald
Supreme Court of Canada
Constitutional validity of penal
provisions of Unified Family
Court Act.
Dilorio and Fontaine v. Gaoler
of Montreal
Supreme Court of Canada
Constitutional validity of Quebec Crime Commission constituted under Public Inquiries
Act.
Kellogg v. Attorney-General
(Que.)
Supreme Court of Canada
Constitutional validity of Provincial consumer protection
legislation.
LEGAL DEPARTMENT
S 63
CIVIL LAW
Director: Gerald H. Cross, Q.C.
The day-to-day tasks undertaken by the Civil component of the Legal De-
parment include the formulation and initial drafting of legislation and regulations,
Orders in Council, advising and drafting contractual arrangements, the interpretation of legislative provisions, legal services with regard to foreclosure proceedings
where Government mortgages are involved, engagement and instruction of counsel
for litigation and other hearings involving Government departments or agencies,
participation of counsel in court proceedings as well as in hearings before the
Pollution Control Board, conveyancing of land, advising on and participating in
arbitration proceedings, and acting on behalf of the Government in negotiations,
financial or otherwise.
In last year's Annual Report it was noted that the Civil Law component
comprised 14 lawyers. There are now a total of 10 legal officers; two resigned
from Government service and two were transferred to other parts of the Department of the Attorney-General. Accordingly, the expansion experienced up to the
end of 1974 has been reversed to some extent during the year. This has brought
about a concentration of the distribution of functions among the lawyers in the
Civil Law unit. It has necessarily resulted in some retraction of the services
offered to the various departments of Government.
Members of the Civil Law unit have taken various courses through the years.
It is hoped that continuing education will be a matter of more concern in the future
and that more courses and more seminars might be attended by members of the
Department.
Each lawyer has been participating throughout the year in the training of
law students who have been articled to one or the other of the senior legal officers.
The abolition of the requirement of obtaining a fiat before taking action
against the Crown has shown some increase in litigation during 1975. Gradually
there are more and more actions commenced against the Crown, and it is noticeable
that some are actions which, prior to the amendment of the legislation, would
probably not have been launched against individual public servants. Once again,
the amendment to the Interpretation Act which makes the Crown subject to other
Statutes, unless expressly exempted, has meant a greater increase in litigation than
that resulting from the dropping of the fiat requirement. During 1975 there were
894 cases relating to 93 Acts involving the Government directly or indirectly.
S 64 ATTORNEY-GENERAL
CRIMINAL LAW
Director: Neil A. McDiarmid, Q.C.
The Criminal Law Division has two major components:
1 The general administrative function of the Headquarters staff concerned with the administration of criminal justice.
2 Responsibility for the operation of Regional Crown Counsel
throughout the Province.
In the year 1975 there was a continuing and expanding need for the services
of the lawyers representing the Criminal Law Division. This covered such diverse
needs as a review of the various forms used for Criminal Law purposes; representation on the Forensic Psychiatric Services Commission or on the Native Court-
workers and Counselling Association of British Columbia. In addition, pressure
has continued to increase the research capabilities of the Division not only for
working papers for the Co-ordinated Law Enforcement Unit but also on the proposed development of a para-legal system.
A major concern is the whole question of the decriminalization of Provincial
Statutes. This is expected to take up much of the time of the Division. It is
hoped that we will be able to bring to the attention of various Government departments the penal provisions of the various Statutes for which they are responsible.
From this information they could then consider other and more effective ways of
dealing with offenders than through the Criminal Law process. It is estimated
that some 15,000 offences now fall under the framework of Provincial legislation.
As has been apparent over the last two or three years, the Federal Government continues to provide an increasing number of amendments to the criminal
law of Canada. These amendments require careful scrutiny and, where necessary,
constructive criticism to be conveyed by the Attorney-General to the Federal
authorities. They also have to be drawn to the attention of the various law enforcement agencies and Crown Counsel throughout the Province. As a part of this
continuing process we have sought a closer liaison with the British Columbia
Police College, the various municipal police forces, and the RCMP.
The work of the Law Reform Commission of Canada and its various study
papers has required comprehensive examination of these reports to ensure that
idealism can be matched with practicality and provide a more effective means of
administering justice. The Criminal Law Division provides critiques of the Law
Reform Commission's proposals to assist the Attorney-General in promoting discussion at regular Federal-Provincial meetings. These conferences are designed
to make representations and seek implementation of those portions of the Law
Reform Commission reports which can be usefully translated into legislation.
CROWN COUNSEL
The Criminal Law Division's efforts to provide extensive and efficient prosecutorial services for the citizens of the Province continued during 1975.
In attempting to create a more effective organization we have nearly completed the preparations of a Crown Counsel Handbook. As a result of some of
our personnel attending seminars in other parts of Canada during the past year,
our own staff has the necessary expertise now to provide similar seminars for
Crown Counsel throughout the Province. This has been a noteworthy step forward in the training programs which we envisage for the future.
LEGAL DEPARTMENT
S 65
One of our outstanding requirements is to find qualified staff and to provide
proper remuneration to people seeking to enter the service. The ability to provide leadership and guidance through Regional Crown Counsel will lead to the
better administration of justice. This must be done without restricting initiative,
responsibility, and common sense.
LEGAL DEPARTMENT
S 67
REVISION OF STATUTES
Associate Deputy Attorney-General: Dr. Gilbert D. Kennedy, Q.C.
The revision and rewriting of the Provincial Statutes into simple, intelligible
language has moved forward considerably during the past year. Progress is somewhat slower than first anticipated because of the extent of revision and rewriting
needed.
Recommendations for the repeal of some Acts have been made. Some have
been repealed and the repeal of others is on legislative programs.
Some areas of existing legislation have been avoided because of work being
done on a policy basis within the department concerned or by other bodies such as
the Law Reform Commission and the Royal Commission on Family and Children's
Law.
A routine has been established under which revised Statutes, sometimes under
a changed name and sometimes combining two or more Acts, are drafted; historical
notes are then inserted and a table of concordance is prepared; copies, together
with comments on the major changes, are sent to officials in the appropriate department; and a copy of each; Act and comments is also sent to the Statutes Revision
Committee of the Canadian Ba<r Association (B.C. Branch).
A number of unsolved problems remain, some of which are being considered
by members of the department concerned. Examples: A uniform mode of stating
offences; an effort to be specific in stating offences rather than the catch-all "violation of any provision of the Act or regulations;" and co-operation with Legislative
Counsel in reviewing the Interpretation Act to provide uniform rules to include,
within an expression, a number of things at present stated in a variety of ways.
For example, selling only is sometimes prohibited; on other occasions selling,
causing to be sold, allowing to be sold, permitting to be sold, in one or more
combinations, as well as other phrases, exist in the present Statutes as part of a
statement of an offence. In addition, Legislative Counsel and Dr. Kennedy have
agreed on a number of internal drafting rules so that there will be a greater uniformity in these areas between the work of Legislative Counsel and the revised
product.
The continued assistance of a computer terminal allows us searches of the
Statutes of the Province (and those of Canada and one other province, so far) on
a retrieval basis system. The data base of the British Columbia Statutes was updated during the year to the end of 1974 and is currently being updated to include
the 1975 Statutes.
Putting the draft revised Statutes onto a separate data base has been done on
an experimental basis only, but when completed will constitute the basis for printing
the revision.
S 68 ATTORNEY-GENERAL
LEGISLATIVE COUNSEL
Legislative Counsel: G. Alan Higenbottam
The functions and purpose 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 and Cabinet committees the proposed legislation in all its stages, and to draft and
revise the legislation to its final stage:
2 To type and record draft legislation in all its stages, arrange the
legislation for printing, and co-ordinate this process with the
Queen's Printer:
3 To prepare and revise indices to the printed volumes of the Statutes,
to prepare and revise the loose-leaf consolidation of the Statutes,
to prepare tables of contents and tables of proclaimed Statutes, and
to arrange for printing with 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 information to members of the public 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.
Current Activities
During the year 1975 the Legislature had one continuous sitting which began
on February 18, 1975, and, after adjournment, the Legislature was dissolved on
November 3, 1975. During that period approximately 84 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.
III. CORPORATE,
FINANCES,
AND
REGULATION
S 70 ATTORNEY-GENERAL
CORPORATE, FINANCIAL, AND REGULATORY DIVISION
Associate Deputy Attorney-General: Dennis R. Sheppard
Headquarters
The year 1975 saw Corporate and Financial Services expanded to become the
Corporate, Financial, and Regulatory Division. To the original complement of
five branches (the Real Estate and Insurance Branch, Securities Branch, Companies Branch, Credit Unions and Co-operatives Branch, and the Public Trustee)
were added the Fire Marshal's Office, the Racing Commission, the Film Classification Office, and the Rentalsman.
To assist us in coping with the expanded work load we have added two new
staff. This brought the total complement of the Headquarters Branch to five
people, including the Associate Deputy Attorney-General.
The objectives of the Division, as they relate to the five original branches,
remain the same as those set out in last year's Annual Report. The development
of formal objectives for the new branches is under consideration. In the case of
the Fire Marshal's Office, these objectives should reflect in large part the findings
of the Keenlyside Report on Fire-fighting Services in British Columbia, and in
the case of the Rentalsman's Office the development of objectives awaits decisions
on the study of housing and rent control in British Columbia.
Work proceeded on the divisional objectives of providing a central registry
of public information, with emphasis on the proposed computerization of the Companies Office.
A start has been made on fostering greater co-operation between the branches
through joint meetings and discussions.
This Division and the Co-ordinated Law Enforcement Unit are co-operating
closely in the fight against white collar crime.
In the area of legislation, recommendations from this Division resulted in
amendments to the following Acts:
1 Co-operative Associations Act.
2 Insurance Act.
3 Real Estate Act.
4 Landlord and Tenant Act.
5 Investment Contracts Act.
6 Mortgage Brokers Act.
1 Securities Act.
8 Public Trustee Act.
9 Pre-arranged Funeral Services Act.
In addition to the amendments the Division was actively engaged in the preparation of the new Credit Unions Act and the National Cablevision Limited Transfer of Jurisdiction Act.
Because of the involvement of the Associate Deputy Attorney-General in the
preparation of revised rules of the Supreme Court, the Division was heavily involved in the preparation of two complete drafts of the proposed new rules.
The Articling Student Program within the Department, administered by this
Division, continued through the year. Six students completed articles during the
year and were called to the British Columbia Bar. Another seven students commenced articles during the year.
CORPORATE, FINANCES, AND REGULATION S 71
CORPORATE AND FINANCIAL SERVICES COMMISSION
Chairman: Leon Getz
The Corporate and Financial Services Commission is established by section
3 of the Securities Act, S.B.C. 1967, c. 45 (as amended). The Commission came
into existence on October 1, 1974, and is in some respects the successor to what
was formerly known as the Securities Commission.
Section 3 (1) of the Securities Act makes provision for the Commission to
consist of not more than seven members. To date, only five have been appointed.
Role
It has been the view of the members of the Commission that they should both
be, and appear to be, independent of the office of the Superintendent of Brokers and
the administration of the legislation under which they exercise jurisdiction. More
than this, it has been the Commission's view that the language of section 30 of
the Securities Act, which defines the scope and nature of the Commission's jurisdiction, imposes on it a primarily adjudicative function, as distinct from a more
broadly based regulatory and administrative one. This appreciation of its function is required by the description of our proceedings in section 30 of the Act,
as being to hear "appeals."
In a sense, therefore, the Securities Act imposes on the Commission a role
analogous to that of the ordinary courts, though the hearing procedure is somewhat less rigid and more informal than that prevailing in courts of law. But the
Commission has interpreted the Securities Act to mean that it must "decide cases,"
not utter homilies or deliver sermons on large issues going beyond those necessarily involved in disposing of appeals.
Jurisdiction
1. Securities Act
The Commission has jurisdiction under the Securities Act in two respects.
First, by section 30 (1) of that Act, any person or company primarily affected by
a direction, decision, order, or ruling of the Superintendent of Brokers has a right
of appeal to the Commission. The only exception to this is that no appeal lies
against a ruling of the Superintendent of Brokers under section 56, that a trade or
intended trade in a security is a distribution to the public. Secondly, under section
137 (3) of the Securities Act, any person or company aggrieved by any direction,
order, or decision made under a by-law, rule, or regulation of a stock exchange,
may apply to the Commission for a hearing and review. In this case there is no
right of appeal, only a right to apply.
2. Mortgage Brokers Act
Under section 9 of the Mortgage Brokers Act, S.B.C. 1971, c. 36, any person
affected by a direction, decision, or order of the Registrar of Mortgage Brokers has
a right of appeal to the Commission.
3. Companies Act
Under section 352a of the Companies Act, S.B.C. 1973, c. 18, which was
added to that Act in 1975, any person primarily affected by a direction, decision,
S 72 ATTORNEY-GENERAL
order, or ruling of the Registrar of Companies has a right of appeal to the Commission.
4. Credit Unions Act
Sections 73, 151, 152, and 179 of the Credit Unions Act, S.B.C. 1975, c. 17,
give rights of appeal to persons or credit unions against certain orders of the Superintendent of Credit Unions and Co-operatives, and the Credit Union Reserve
Board.
Work of the Commission
In the first full year of its operation, the Commission has heard 13 appeals.
In two other cases, appeals were filed but later withdrawn, and in one case, under
section 137 (3) of the Securities Act, an application for a hearing and review was
rejected by the Commission without a formal hearing, on the ground that the application did not disclose any grounds upon which a hearing might be granted.
Reasons for Decision
The Commission has made a practice of writing reasons in support of its
decisions, and these are published in the Weekly Summary of the Division of
Corporate and Financial Services of the Attorney-General's Department. In this
way it is hoped that whatever there may be of value in those reasons can be communicated to the securities industry and the investing public. With respect to the
latter, it is appropriate to say that the financial press has, by and large, done a good
job of reporting the Commission's decisions.
CORPORATE, FINANCES, AND REGULATION
S 73
COMPANIES OFFICE
Registrar: M. Jorre de St. Jorre
The Registrar of Companies is responsible for the administration of all matters
relating to the filing of corporate documents required by the British Columbia
Companies Act, Societies 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 total number of companies incorporated in 1975 was 10,267, an increase
of 501 from 9,766 in 1974.
COMPANIES OFFICE - INCORPORATIONS & REGISTRATIONS
10.000
9.000
8.000
7.000
w
£
A
<*
6.000
rf£
</$
,%*"
"«?
4,000
2.000
Par\ne"
<ibtf»
1.000
Extra-Er.9XlF.9i?.
Comrjanies
2fiHe
&
19
66 19
67 19
68 19
69 19
70 19
71 19
72 19
73 19
74 19 75
This is the first time that incorporations have exceeded 10,000 in one year.
The number of incorporations of British Columbia companies can be 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 37,000 names were checked for
approval in 1975, an increase of 2,000 from 1974.
Registration of extra-provincial companies remained constant with a high of
64 in May. Society incorporations for 1975 have increased to 737. This is largely
due to the desire of the Government and other agencies to deal only with societies
which are incorporated.
There were 53 co-operatives incorporated in 1975. This reflects public need
for this type of association in such fields as housing and consumer services.
S 74
ATTORNEY-GENERAL
Partnership and firm name registrations have increased slightly with the 1975
registrations totalling 2,278.
There were 63 amalgamations of British Columbia companies during the year.
There is a continued increase in the registration of encumbrances in the Companies Office. These registrations include mortgages, debentures, trust deeds, bills
of sale, chattel mortgages, conditional sales agreements, and assignment of book
accounts. The total encumbrances registered from 1975 were 50,655, an increase
of 3,296 from 47,359 in 1974.
The procedure of altering the structure of British Columbia companies incorporated under the former Companies Act, referred to as "roll-overs," gained considerable impetus in 1975. More than 7,800 companies were "rolled over" during
the year. It is anticipated that 20 to 30 thousand companies will "roll over" in
the next four or five years.
The increase in filings, registrations, and incorporations have resulted in a
corresponding increase of active files.
COMPANIES OFFICE - ACTIVE FILES
Total revenue received at the Companies Office from fees received in 1974
was $2,876,443.12. In 1975 it was $2,934,278.40, an increase of $57,835.28.
The program of striking off defaulting companies was continued, with 3,194
companies being struck off the register and many hundreds were induced to file
reports to date. Continuation of this program is considered vital to keeping up to
date the information required by the public.
Increased commercial activity and the addition of approximately 10,000 new
companies per year has resulted in an increase in the number of filings to be proc-
CORPORATE, FINANCES, AND REGULATION S 75
essed. During 1975, 102,142 filings were received for processing. Searches at
the Companies Office provide the public with filed information respecting companies, societies, and co-operatives. A search can be made either in person, by
telephone, telex, or telegram. In 1975 there were 118,870 searches processed.
Telex was installed in 1974 to facilitate speedy and accurate searches. It is now
used to capacity with searches coming in from all over British Columbia as well
as from the rest of Canada and the United States.
The study to determine the feasibility of computerizing the Companies Office
was completed in the early part of 1975. This resulted in the development of a
project definition report which was completed in September 1975.
The report proposed that the Companies Office be computerized by the development of an on-line, interactive information retrieval system. The information on the data base would be accessible to the general public and various Provincial Government departments and agencies by the use of three keys—the corporate number, corporate name, and names of directors or officers. The information stored will be accessible by remote terminals both within and outside the office.
Eventually, terminals can be located throughout the Province in any location
where there are major users requiring the service. Detail planning of the computerization of the office continued throughout 1975.
The Companies Office continued its program of education and information.
Some administrative procedures and decisions were published in bulletins and
periodicals. Staff training progressed, covering all matters relating to the operation of the office and services available to the public. Information has been presented at lectures, seminars, and meetings, giving the requirements of the Companies Office and rulings on the acceptability of corporate documents for filing.
#1
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CORPORATE, FINANCES, AND REGULATION S 77
SECURITIES BRANCH
Superintendent: W. S. Irwin
The Superintendent of Brokers is charged with the administration of the
Securities Act, Mortgage Brokers Act, Investment Contracts Act, and Pre-arranged
Funerals Act. All persons and companies trading in securities, dealing in mortgages, offering investment contracts and pre-arranged funeral plans to the public
must hold registration as required by the Acts. Offerings of securities to the public
must be made the subject of a prospectus conforming to the requirements of the
Securities Act and regulations.
The enforcement of the Acts is vested in the Superintendent, subject to limitations which require the consent of the Attorney-General in such areas as the
issuance of investigation orders. An effective and co-operative relationship is
maintained by this office with the Royal Canadian Mounted Police, other Provincial securities administrations, and the United States Securities and Exchange
Commission, resulting in a high degree of investor protection for the public. The
Branch also maintains liaison with the Vancouver Stock Exchange in all matters
affecting trading of securities in the Province, working with it to exchange ideas
and formulate policies relative to trading. The same liaison exists with the Investment Dealers Association and the Canadian Mutual Funds Association.
The broad scope of enforcement activities under the Securities Act and the
Mortgage Brokers Act encompasses such matters as the maintenance of specified
capital, formal and informal investigations into breaches of the Act and the Criminal Code, issuance of cease-trading orders for cause, together with the power
vested in the Superintendent to suspend, cancel, or refuse registrations of every
class permitted under the Act. Authority is also given to the Superintendent to
make application to the Supreme Court for the appointment of receivers or receiver-managers in cases where the Superintendent is about to or has taken action
under the Acts or the Criminal Code.
During 1975, much effort was expended in conjunction with the University
of British Columbia in setting up a course of instruction which, subject to certain
exemptions, every person registered as a mortgage-broker or submortgage broker
will be required to take and pass within one year of renewal or granting of registration. The course is an intermediate level course in Mortgage Lending Practice
and is designed to promote a wider degree of expertise in the mortgage investing
and lending marketplace. It is expected this requirement will result in a markedly
higher calibre of individuals engaged in brokering mortgages and provide greater
public protection in this field.
Delay has been encountered in implementing the program of approval of
statements of material facts; however, it is anticipated that the necessary amendments ot the legislation will be passed shortly and the new procedures can commence early in the new year.
The Weekly Summary published by this Branch has continued to grow and
has found wide acceptance with the industry, legal and accounting fraternities,
and the general public. It is anticipated that the Summary will be used by other
branches of the Division as a means of disseminating matters of interest arising
out of the administration of the Acts.
During the year the Branch embarked on a large-scale program of checking
all companies trading on the Vancouver Stock Exchange with a view to determining
S 78
ATTORNEY-GENERAL
whether the required statutory filings are being made as required. Where instances
of noncompliance were found, the persons and companies involved had their
trading rights revoked until such time as compliance had been made.
SECURITIES OFFICE - REGISTRATIONS
aooo
tvC*--
2,700
>
i\. •
■
•
2,400
•
•
•
2,100
•
•
<
'
1,800
•
•
•
•
. 1.500
>
•
•
•
. .
1.200
•
•
•
Act "
900
JlortgaS
^
600
P
ggjstran
ts
*'*t,M
300
Securjt
ies Act
/""
"**«
>t
***
■■■•»-
19
66 19
67 19
68 19
69 19
70 19
71 19
72 19
73 19
74 19
75
Administrative Action
Securities Act Mortgage Brokers Act
Cancellations Suspensions Refusals
2 6 1
Cancellations Suspensions
3 4
Refusals
3
Decisions, Directions, Orders, and Rulings
Cease-trading orders 217
Orders and rulings
Nonreporting companies
458
58
The 458 orders related to determination of primary or nonprimary distribution
under section 56, orders under section 22 respecting nonfiling and nonregistration
and rulings under Parts X, XI, and XII of the Act.
Securities Act
From 1974
Commenced Completed
siu
129
122 147
104
CORPORATE, FINANCES, AND REGULATION
S 79
From 1974
8
Mortgage Brokers Act
Commenced
Completed
34
17
Companies
Act
SIU
25
Prosecutions
Forty-five charges were laid during the year, as follows:
Securities Act
Companies
Act
Section
7
37
109
134
Charges
24
9
1
3
Section Charges
186 1
Criminal Code
1
Prospectus
Filings
Mining
Investment
Industrial
Financial
24
5
88
19
Mutual funds
Preliminary
Rights offerings
Amendments
111
71
36
52
S 80 ATTORNEY-GENERAL
PUBLIC TRUSTEE
Director: C. W. Foote
The function 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.
One section of the office directly administers the estates of minors, the mentally incompetent, and deceased persons, either as guardian, committee, executor,
administrator, or under a power of attorney. There are approximately 1,600 estates
of deceased persons and affairs of approximately 4,500 mentally incompetent
persons under administration. About 500 infants' estates are also managed by the
office.
A trust review section of the office tries to make sure that trusts for minors or
mentally incompetent persons are properly performed, open for independent review,
and reasonably secure against loss. Over 2,000 estates are now monitored by the
Public Trustee.
The investigation section of the office received three or four reports each day
which require looking into the estates, financial affairs, or legal claims of minors
and mentally disordered persons reported as being imposed upon or taken advantage of.
The office also provides legal representation for mentally disordered persons,
minors, and the estates of deceased persons.
CORPORATE, FINANCES, AND REGULATION S 81
REAL ESTATE AND INSURANCE BRANCH
Superintendent: E. T. Cantell, Q.C.
The Branch administers the Real Estate Act, the Insurance Act, and the Debt
Collection Act.
Essentially, its functions encompass licensing, investigation, and education.
The legislation administered by the Branch evolves from the earliest consumer protection legislation in the Province and consumer complaints are dealt with by both
the Victoria office and the investigation and inspection staff which the Branch
maintains in Vancouver. Additionally, all aspects of the economic sector with
which the Branch is identified are subject to continuing scrutiny. Trust accounts,
insurance claims (except for automobiles), real estate transactions, collections,
and repossessions are examined and reported upon, and where necessary, corrective
action is initiated.
Real Estate
The Real Estate Act is in two parts. Part I deals with the licensing and supervision of the activities of real estate agents and salesmen. Real estate agencies are
required to file an auditor's certificate with each renewal in a prescribed manner
and are also subject to spot audits under the aegis of the Real Estate Council, an
advisory body created pursuant to the Real Estate Act. An extensive real estate
pre-licensing education program for both agents and salesmen is conducted through
the University of British Columbia. This program is also available through correspondence courses. Currently, a post-licensing education program is being developed
for new salesmen. The Real Estate Licensing Section currently processes over
10,000 applicants a year, approximately 2,000 of which are agents.
Part II contains the prospectus-filing requirements for all persons selling subdivided land inside and outside the Province. This Section deals with nearly 1,000
submissions a year, involving the handling of supporting documents and subdivision
plans.
Regulation 23 under the Strata Titles Act requires the approval of the Branch
for all strata plans before they can be accepted by the Regulations of Title to create
the strata corporation. By-laws, voting rights, unit entitlements, and interest on
destruction are scrutinized and evaluated.
Every licensee under the Real Estate Act and the Debt Collection Act is
required to be bonded and the bond is filed with the Superintendent, who is the
obligee. He is also, the obligee in the case of bonds provided pursuant to the
Private Investigators' Licensing Act.
A close liaison with administrators of the real estate Statutes of other provinces is maintained. Membership in the National Association of Real Estate
License Law Officials (NARELLO) enables effective communication to be carried
out in all aspects of the real estate industry. The Branch investigators co-operate
and frequently act in concert with the RCMP and local police forces.
Insurance
Insurance salesmen, agents, and adjusters are all subject to a pre-licensing
examination and, during the past year, both the study material provided and the
examinations themselves have been made more comprehensive.
S 82
ATTORNEY-GENERAL
INSURANCE & REAL ESTATE OFFICE - LICENCES
10.000
9.000
..•••"*••■•
8.000
^S^'
K"—
7.000
/
6.000
jlisuB
£JS&^
,'
/
,*
5.000
-r<
v«V
4.000
$&
f>®
3.000
2,000
1.000
19
66 19
67 19
68 19
69 19
70 19
71 19
72 19
73 19
74 19
75
The Insurance Act also contains the requirements to be met by the 285 insurance companies presently licensed in the Province, including permitted corporate
investments and contract provisions.
During the past year, $14,784,560,000 worth of life insurance has been in
force in British Columbia, which represents an increase of $800 million over the
previous year.
General insurance premiums (excepting automobile) increased by 14 per cent
to $230,147,000 for the same period, while losses increased by 39 per cent to
$176,263,000.
The dynamics of the industry are such that new products and services are
continually being created which require study and evaluation. During 1974 and
1975, comprehensive guidelines have been developed to meet new situations in
the areas of variable life insurance, group life insurance, and mass advertising.
A high degree of inter-provincial uniformity has been achieved through the
efforts of the Association of Superintendents of Insurance of the provinces of
Canada since its inception in 1917. The new guidelines provide a good example.
Currently, the Uniform Life Insurance Act is under revision under the Chairmanship of the British Columbia Superintendent.
Section 3 of the Societies Act and Part VIII of the Insurance Act impose
duties on the Branch with respect to the incorporation and operation of societies
which seek to provide stipulated benefit payments and certain services to their
members. In some cases such societies are also required to be licensed under the
Insurance Act.
CORPORATE, FINANCES, AND REGULATION
S 83
Debt Collection
The Debt Collection Act, which replaced the Collection Agents' Licensing
Act in 1973, regulates the licensing and conduct of approximately 160 collection
agents and bailiffs presently in business. The Act is now one of general application because it deals with unreasonable collecting practices of all creditors in relation to their debtors. Considerable investigative effort is expended in this area.
Some measure of success can be shown by the fact that, in the past four years,
all debtors (who are usually ill-equipped to protect themselves) have received full
credit for all payments made to collection agents.
S 84 ATTORNEY-GENERAL
CREDIT UNIONS AND CO-OPERATIVES
Superintendent: R. A. Monrufet
This Branch is responsible for the inspection and chartering of credit unions
and the administration of the Credit Unions Act. In addition, the Branch is also
responsible for the supervision of co-operatives under the Co-operative Associations Act.
In June 1975, following more than two years of drafting by the credit unions
in co-operation with the Government, a new Credit Unions Act was proclaimed.
This represented the first major revision of the legislation since 1961, at which
time a similar revision was completed.
The new Act provides increased powers and flexibility for the credit unions
to continue to grow and to expand their services to members. The post of Chief
Inspector of Credit Unions was changed to that of Superintendent of Credit
Unions and Co-operatives and increased responsibility and authority was given
to this Branch.
Credit Unions
Credit unions are inspected at least annually, with interim inspections being
carried out from time to time.
The Branch maintains liaison and a close working relationship with the 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
currently served by one or more credit union offices. During 1975, two new credit
unions were chartered, one to serve persons in the real estate industry in the
Okanagan Valley, and another to serve staff, students, and residents at the University of British Columbia.
Number of credit unions
Number of branches
Total membership
Total assets
The year 1975 saw continued growth in co-operative activity in British Columbia, with this Branch investigating, processing, and approving documentation
for the incorporation of 53 new co-operative associations.
The co-operatives incorporated during 1975 in type and numbers are housing,
17; service, 15; consumer, 13; arts and entertainment, 5; producer, 3.
The total number of co-operatives in British Columbia now stands at 376.
During the year, in concert with the co-operatives, considerable progress was
made on the preparation of a new Co-operative Associations Act, which will be
completed for consideration by the Government in 1976.
December 31
1974
1975
is 184
180
76
83
542,288
593,728
$1,205,296,075
$1,629,397,896
CO-OPERATIVES
CORPORATE, FINANCES, AND REGULATION S 85
OFFICE OF THE FIRE MARSHAL
Fire Marshal: H. K. Jenns
Under authority of section 92 of the British North America Act, the Province
is charged with the responsibility for protection of life and property. The Fire
Marshal Act (R.S.B.C. 1960, chap. 148) is the statutory vehicle by which the
Government of the Province of British Columbia establishes standards for fire safety.
The Fire Marshal's Office provides a nucleus for fire safety activities within
the Province and for the regulations of the Act. It functions in the realm of fire
investigation and prevention, while the matter of fire suppression has been delegated to the local level of government.
A separate statistical report is prepared by the Fire Marshal and published
annually. Following the Attorney-General's presentation to the Legislature, this
report is circulated to interested agencies and details the property and casualty
losses for the Province.
Resources
The Fire Marshal Act is administered by the Fire Marshal with an administrative support staff, inspectional, investigational, and instructional personnel.
Field administration is mainly carried out by some 400 local assistants to the Fire
Marshal who act in their respective jurisdictions.
Programs
In 1975 a special liaison was established with Co-ordinated Law Enforcement
Unit agencies dealing in the field of organized crime. There has been a relative
increase in the number of fires investigated and this office alone will have carried
out more than 500 separate fire investigations as compared with 289 in 1974; this
represents an increase of almost 70 per cent. A corresponding increase is evident
in the investigations carried out at the local level, no doubt due to the facilities
which we make available through conducting the Canadian Fire Investigation
School (Western) at Parksville, where more than 100 firemen, police, and Canadian
Forces Officers of the western provinces receive a concentrated course in the investigation of fires generally.
The upsurge in vehicle fires has resulted in close co-operation with the Insurance Corporation of British Columbia and in the initiation of a training program,
"Operation Vehicle Burning," which provides investigating personnel with practical
experience.
More than 1,150 building plans were processed in the first 10 months of 1975.
Over 100 inspections have been conducted in assisting local authorities. Fire surveys have been carried out in two regional districts whereby a long-range planning
program enables the districts to allocate fire prevention and fire-fighting facilities
on a planned term expenditure.
In the case of compressed-gas installations, there were more than 120 inspections made of complex industrial and commercial installations. Seven tank trucks
were inspected and our staff responded to four compressed-gas emergencies. Lectures are a continuing program and were given to meetings of local authorities,
industry, and the Canadian Fire Investigation School (Western).
Consideration has been given to consolidating all gas regulations and motion
picture licensing with the examination and licensing of projectionists. Our program this year in theatre regulations included the examination of 25 persons for
S 86 ATTORNEY-GENERAL
a projectionist licence, the licensing of 206 motion-picture theatres and 330 projectionists throughout the Province.
Training
The training program instructs municipal, industrial, and institutional fire-
fighting personnel in the latest fire-fighting techniques; renders advice and recommendations on the establishment and administration of fire departments, and
related duties; instruction of fire prevention personnel, including local assistants to
the Fire Marshal, in the application and enforcement of the Fire Marshal Act and
regulations; and specialized courses in fire investigation techniques and procedures.
CORPORATE, FINANCES, AND REGULATION S 87
MOTION PICTURE CLASSIFICATION
Director: R. W. McDonald
The Motion Pictures Act of 1970 is the authority under which this Branch
operates. All pictures to be shown to the public must first be submitted to the
Director for examination so that they may be classified. The three categories of
classification are general, mature, and restricted. The Director has the authority
to refuse approval and to order eliminations in any picture. All advertising connected with these pictures must be approved by the Director and he may add any
words of explanation that he feels are required for information to the public.
Licences to operate theatres and to operate a film exchange are issued by this
Branch and these are subject to the usual conditions with respect to suspensions,
duration, and transference. Inspections of theatres is set up on an annual basis.
In the year under review, 238 theatre licences were issued.
British Columbia was the host this year to the Ninth National Conference on
Film Classification. It has been the practice for film classification boards to meet
every two years to consider developments and problems in their work. Due to
a number of circumstances, six years had elapsed since the eighth conference.
All provinces except Quebec were represented. It was not possible for Quebec to
attend since the Director and his staff were involved with the implementation of
new legislation at this time.
The conference was of the utmost importance for this gathering since the preceding six years marked the greatest period of change that any involved in motion
picture classification had experienced in our work. Three provinces, including
British Columbia, had new legislation; some of it very radical. Fifty per cent of
the personnel had changed through retirement and resignations, so that many
were meeting one another for the first time.
Problems with advertising, operation of drive-in theatres, prosecutions under
the Criminal Code, and other important considerations formed the discussions.
Part of the advertising requirements for British Columbia is the inclusion of
a film-strip in the trailers and prints of restricted pictures which informs viewers
of the restricted classification of these pictures. This practice has been in effect
for eight years and is part of the answer we provide to the problem of showing
these trailers. The original negative which we had produced with Government
approval and financing had become worn and had to be replaced. This year we
received approval to proceed with the production of two film strips which we now
have in our possession. This gives a little variety to our advertising, which had
become worn in the visual sense as well.
It was noted that there have been many changes in the motion picture industry.
For example, the corporate structure of many of the large producers as well as the
distributing and exhibiting companies have been altered by mergers and the incursion of independent producers from Europe. The tending of the large exhibiting companies to absorb the small operators has continued for many years so that
now there are very few independent theatres in British Columbia. Theatre construction shows a very basic change from the one large theatre to complexes of
two or more. Many shopping centres now show the trend to the smaller theatres.
It is interesting to note that a number of ethnic groups are constructing their own
theatres for both 16 and 35-mm installations. One must speculate, however,
on the fact that succeeding generations of any ethnic group tend more and more
to prefer pictures with English dialogue.
S 88 ATTORNEY-GENERAL
For some years now, requests for speakers on the subject of film classification has been accepted by this office. These requests come from schools, colleges,
universities, religious groups, and service clubs. There has been a definite increase in the number of calls for this service and we all agree that it is the best
possible way we can maintain contract with the public and keep up to date with
the changes that affect our work.
CORPORATE, FINANCES, AND REGULATION
S 89
BRITISH COLUMBIA RACING COMMISSION
Commissioner: R. E. Collis
The Racing Commission is empowered to "govern, direct, control, and regulate horse-racing in the Province", and to fulfil this responsibility, the Commission is
guided by the Rules and Regulations of Horse-racing (Orders in Council 428 and
3351, approved February 10 and October 5, 1970).
With the co-operation of the track operators, the licensed horse-owners,
trainers, jockeys, and all other personnel employed in the industry, as well as the
Canada Department of Agriculture, under whose supervision the pari mutuel
betting is operated, horse-racing in British Columbia enjoys the full confidence of
the public.
For the first time in the racing history of the Province, the 1975 attendance
eclipsed the one million mark; 1,007,795 racing fans wagered a total of $79,714,963
at the nine pari mutuel tracks in the Province. Purse distribution was $3,864,789.
The Provincial Government Racing Assistance Program, established under the
Pari Mutuel Betting Tax Act in 1972, provided further distribution to owners of
British Columbia-bred horses winning moneys at the various tracks of $797,149.
The betting tax collected from patrons was $6,387,197, an increase of almost 20
per cent over last year.
The Racing Commission maintains the position that breeding stock must be
upgraded and certain monetary incentives should be extended from the Province.
Also, the small tracks in the Interior are still having financial problems, and if
racing is to continue in these centres, assistance should be forthcoming, probably
from the major winner in racing, the Provincial Government.
During 1975 the Racing Commission held 22 formal meetings in the course
of administering the Racing Commission Act and its regulations. These meetings
were convened to hear appeals from rulings against licensees by the Board of
Stewards; to hear licence applications and suggested rule amendments; to consider
racetrack security; and to discuss thoroughbred, standardbred, and quarter-horse
racing dates for 1976.
Comparative Statistics for Exhibition Park, 1971-75
Year
Number
of
Days
Amount
Wagered
Daily
Average
Daily
Percentage
Change
Average
Daily
Attendance
Daily
Percentage
Change
1971
108
92
109
100
101
$
33,199,101
39,245,017
57,738,655
66,419.396
75,958,605
$
307.399
426,576
529,712
664,193
752,065
-0.07
+ 38.7
+ 24.1
+25.3
+ 13.2
6,611
8,221
8,383
9,134
8,888
-0.5
1972 -
+ 24.3
1973
+ 1.9
1974
+ 8.9
1975 -
—2.7
SANDOWN PARK, SIDNEY
(October 17 to November 11, 1975)
The Capital City Turf Club is responsible for returning thoroughbred horse-
racing to the Island after a number of years of idleness at the Sandown Park
racetrack.
S 90
ATTORNEY-GENERAL
The premises were leased from the former operators between October 17 and
November 11 and, after 16 days of racing, new records in attendance, wagering,
and rainfall were recorded.
The pari mutuel system totalled $2,813,849, wagering by 44,894 patrons.
The purses were $170,030 for 130 races.
Horse-racing in the Interior
The presentation of horse-racing in the Interior circuit at Osoyoos, Kamloops,
Williams Lake, Princeton, and Vernon is improving annually, and with the tracks
now co-ordinating their efforts it is expected that more continuity and confidence
in racing will be developed in 1976.
DESERT PARK, OSOYOOS
(June 13 and 14 and August 22 and 23, 1975)
Comparative Statistics for Osoyoos, 1971—75
Year
Number
of Days
Amount
Wagered
Daily
Average
Daily
Percentage
Change
Average
Daily
Attendance
Daily
Percentage
Change
1971
2
2
4
4
4
$ | $
7,224 3,612
10,954 5,447
33.523 | 8,380
44,605 ' 11,126
61.524 1 15.381
425
800
931
1972 _
+51.6
-t-53.8
+ 88.0
1973
+ 16.3
1974...
+32.7 | 712
4-38.2 1 672
—23.5
1975
— 5.5
SAGEBRUSH DOWNS, KAMLOOPS
(June 20 and 21, August 29 and 30, and September 1, 1975)
Comparative Statistics for Kamloops, 1971—75
1971
3
6
3
5
5
$
69,304
109,970
109,190
173,137
183,809
$
23,101
18,328
36,397
34,627
36,761
1
+47.4
-20.6 |
+98.5
-4.8
+6.1
1
1,339
939
4,233
1,283
1,126
—41.0
1972
—29.8
1973
+340.0
1974 —
—69.6
1975
— 12.2
FAIR GROUNDS, WILLIAMS LAKE
(June 28 and 30 and July 1, 1975)
Comparative Statistics for Williams Lake, 1971—75
1971
3
3
3
4
3
$
22,580
29,046
34,890
47,126
59,452
$
7,526
9,682
11,630
11,781
19,817
+ 30.9
+ 28.6
+20.1
+ 1.3
+68.2
2,188
6,020
4,533
3,661
2,000
— 27.8
1972—
+ 175.1
1973-
—24.5
1974—
— 19.2
1975
—45.3
CORPORATE, FINANCES, AND REGULATION
S 91
SUNFLOWER DOWNS, PRINCETON
(July 4 and 5, 1975)
Comparative Statistics for Princeton, 1971—75
Year
Number
of Days
Amount
Wagered
Daily
Average
Daily
Percentage
Change
Average
Daily
Attendance
Daily
Percentage
Change
1971
2
2
2
2
2
$
20,476
22,764
31,396
36,094
29,926
$
10,238
11,382
15,698
18,047
14,963
+7.6
+ 11.t
+ 37.9
+ 14.9
— 17.0
1,400
1,520
1,525
1,250
800
+30.1
+ 8.0
+0.3
+ 18.0
— 36.0
1972
1973
1974
1975
KINSMEN PARK, VERNON
(July 11 and 12, 1975)
Comparative Statistics for Vernon, 1971—75
1971
1972.
1973.
1974
1975
$
$
2
19,236
9,618
+0.9
2
28,302
14,151
+47.1
2
42,280
21,140
+49.3
2
53,568
26,784
+26.7
2
43,505
21,752
— 18.7
1,265
1,900
2,250
1,850
1,350
+ 1.2
+50.2
+ 18.4
— 17.7
-27.0
Quarter-horse Racing
A Quarter and Appaloosa horse-racing meet was presented at Meadow Creek
Park in Surrey this year for a total of 16 evenings between July 15 and August 19.
The 16 events were witnessed by 43,819 fans, who wagered a total of $542,497.
Standardbred Racing
On August 1 and 4, harness-racing was presented at Smokey Downs in
Squamish with 1,770 patrons wagering $21,730 for the two days. Purse money
distributed was $3,100 on 15 races.
Revenue From Horse-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.
Assisting the Consumer Taxation Branch, the Commission collects the 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 and Fines, January to December 1975
$
Occupational (1,313 at $1) 1,313.00
Owners (1,246 at $5) 6,230.00
Trainers (222 at $5) 1,110.00
S 92
ATTORNEY-GENERAL
Licence Fees and Fines, January to December 1975-
Probationary trainers (48 at $5)
Jockeys (47 at $15)
Apprentice jockeys (12 at $5)
Jockey valets (3 at $1)
Jockey, agents (15 at $5)
Veterinarians (11 at $15)
Blacksmiths (16 at $5)
Tradesmen (13 at $15)
Stable names (134 at $10)
Partnerships (437 at $1 per horse)
Authorized agents (286 at $2)
Colours ($1 for annual; $5 for life)
Company registrations (9 at $25)
Reissue of lost licences
Licence fees from Interior race-meets
Licence fees from Meadow Creek race-meets
Licence fees from Sandown Park race-meets
Total
Fines
-Continued
$
240.00
705.00
60.00
3.00
75.00
165.00
80.00
195.00
1,340.00
437.00
572.00
790.00
225.00
25.00
180.00
197.00
176.00
14,118.00
2,150.00
16,268.00
5 per cent social services tax collected by Commission on bills of sale 12,248.90
5 per cent social services tax on horses claimed 53,473.00
Pari mutuel betting tax 6,387,197.00
Total
6,469,186.90
CORPORATE, FINANCES, AND REGULATION S 93
RENT REVIEW COMMISSION
Chairman: John Brewin
The Rent Review Commission was created in November 1974 after the Legislature adopted amendments to the Landlord and Tenant Act, continuing rent control
into 1975. The amendments set the rent-increase limit for the year at 10.6 per cent,
and gave the Commission the authority to increase the limit in special circumstances.
The main purpose of the Commission, however, was the conduct of an in-depth
study of rent control. The study occupied eight months and resulted in a comprehensive report published in October. The study was prepared in conjunction with
the Department of Housing.
By year-end British Columbia had been joined by the rest of Canada in its rent
control policy. The Federal Government, as part of its anti-inflation program, urged
the provincial governments to implement rent controls, and each agreed. On
December 29, the new Government confirmed that the policy embodied in the 1974
amendments will continue in 1976.
From the outset the Commission has had an important public information role.
There were more than 31,000 telephone inquiries to the Commission offices in Vancouver. The Commission received 23,479 letters and more than 3,000 walk-in
visitors. The offices in Victoria were also the centre of hundreds of requests for
information. The Commission distributed 160,000 information brochures to rental
units and published monthly advertisements in newspapers throughout the Province.
The Commissioners also held a number of interviews on television and radio, including two sessions by the Chairman on Jack Webster's radio program. Frequent
meetings were held with representatives of tenants' and landlords' groups.
Close liaison on a weekly basis with the Rentalsman's office was a key objective
of the Commission.
Applications for relief from the 10.6-per-cent limit were received from 50
owners of mobile home parks. Twenty-two were approved. A further 92 applications were made for five-year agreements under exemption powers granted the
Commission and 34 were accepted, resulting in agreements. In each case the tenants
were consulted by the Commission staff.
The Commission also arbitrated a number of disputes over alleged illegal rent
increases. In June the Commission strengthened its enforcement capacity. Most
problems were resolved without a formal hearing. However, in two cases the Commission ordered landlords to repay illegal increases to tenants and in another successfully initiated proceedings under the summary offence section of the Act that has
resulted in a $600 fine levied against the offending landlord.
0 antatei
.'
0MJJV ""
WEEKDAYS
,::Htiismi'nm:rmI'~JiiK
CORPORATE, FINANCES, AND REGULATION S 95
OFFICE OF THE RENTALSMAN
Rentalsman: B. A. Clark
The Rentalsman's office was established in October 1974 to administer the
Landlord and Tenact Act of British Columbia, with the exception of the part dealing with rent controls, administered by the Rent Review Commission.
The Act recognizes the relationship between a landlord and a tenant as that
of a contract, requiring both parties to abide by their obligations. This assures a
tenant security of tenure. It likewise protects a landlord from a nonpaying tenant
or one who is noisy or damages the premises.
The Office of the Rentalsman informs people of their rights and obligations as
tenants and landlords. It investigates, mediates, arbitrates, and rules in the various
landlord-tenant disputes brought before it. This mandate has created an enforcing
agency, removing these disputes from the courts and easing the burden on an
already strained judicial system.
During 1975 the Rentalsman, his deputies, and some 25 officers have handled
246,489 public inquiries from around the Province. There were 11,593 dispute files.
These statistics indicate that most of the persons who call, write, or visit the
office require information only and are perfectly capable of resolving their own
differences. The remaining required the Rentalsman to exercise the other powers
given to him—investigation, hearings, mediation, arbitration, and rulings.
While an order of the Rentalsman carries the weight of a court order, the
emphasis is on settling disputes quickly and fairly through informal mediation.
Of the 11,593 files opened during 1975, a total of 534 was resolved by issuing
a Rentalsman order. There were only 26 prosecutions.
There was a continuing and heavy demand for the Rentalsman to settle disputes concerning security deposits and essential services and repairs. But the
greatest demand by far was for decisions to determine right of possession to premises. Like the rest of the country, most urban centres in the Province experienced
a near-zero vacancy rate during 1975. The inability to find a new apartment was
reflected in the number of tenants who disputed a notice to vacate.
There were also two important amendments to the Landlord and Tenant Act
during 1975, affecting the operation of the office. The first extended to rentalsman
officers nearly all the powers and responsibilities that were previously vested only
in the Rentalsman and his deputies. The other amendment established an internal
appeal system for decisions by rentalsman officers and an external system for
appealing the Rentalsman's decision in the courts.
The public education challenge evident in the statistics was met by the bulk
distribution of a lay summary of the Act to all landlords and tenants in the Province.
In addition to advertising, news media liaison, and numerous open-line appearances, a Province-wide series of workshop seminars was hosted by the Rentalsman.
S 96
ATTORNEY-GENERAL
LAND REGISTRY SERVICE
Director, Legal Services: J. V. DiCastri
There are seven land registration districts in the Province. The business of
each office is conducted by an officer called the Registrar; 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 the dual role of quasi-judicial officer
and administrator, are to interpret correctly the Land Registry Act and all applicable
law and to 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 office in order to secure uniformity and to perform
such other duties as may be assigned 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 1975 the volume of business in the seven Land Registry Offices remained at
substantially the same level as in 1974. The following table shows the level pattern
for a nine-year period starting in 1966:
LAND REGISTRY OFFICES-APPLICATIONS RECEIVED
CORPORATE, FINANCES, AND REGULATION
S 97
The number of applications received from January 1, 1975, to December 31,
1975, totalled 426,214. This figure is restricted to fee—simple transfers, 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 1975 totalled
$14,806,808.79.
New Programs
1. A meeting of all Registrars of Titles held in New Westminster during the
week of September 29 to October 3 provided an opportunity for the Registrars to
review a first draft of a new Land Titles Act. This represents a total rewriting of the
Land Registry Act and incorporates a variety of proposals which, in due course, will
be recommended to the Attorney-General for his consideration.
2. The 1967 "Functional Objectives Report" on electronic data processing for
the Land Registries is being updated and a report expected shortly.
The Victoria "instant registration" experiment in its original form has been
concluded. The experiment has confirmed that
(a) over 30 per cent of applications received are rejected for common
conveyancing errors;
(b) the bulk of these applications are in the routine class;
(c) the responsibility for making a "preliminary inspection" of an application properly rests with the applicant and not the Land Registry
Office, although a registrar from time to time may authorize the staff
to carry out the preliminary inspection procedure as a training
vehicle.
3. It is expected that amendments and additions to the Land Registry Practice
Manual will be available for distribution early in the new year.
4. The continuation of the Nelson office experiment with a new type of portable
register will depend upon the ability of that office to maintain a current (daily)
microfilming of records so as to ensure the security of the register.
5. As can be seen from the following table, the level of deposited plans was
maintained during 1975 with the accent on the upsurge in strata plan developments:
S 98
ATTORNEY-GENERAL
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CORPORATE, FINANCES, AND REGULATION
S 99
BRITISH COLUMBIA LIQUOR BOARD
Director: N. A. Davidson
This is the second annual report of the British Columbia Liquor Board.
During the year two new Acts, namely the Liquor Distribution Act and the
Liquor Control and Licensing Act, were passed by the Legislature, but no Order
in Council was ever passed proclaiming either of them as law. The Board spent
a great deal of time in meetings and correspondence in relation to the new Acts and
feels that it made considerable contributions to them.
Management consultants, namely Urwick Currie, were retained by the Government to do a study of the liquor administration, and this Board had several meetings
with them.
All meetings required by Statute were held in the current year.
The number of delegations appearing before this Board were reduced from
1974, but we heard such delegations as The People's Republic of China, applicants for Neighbourhood Public House Licences, listings, Gastown Team, and
licensing generally.
We heard and disposed of two formal appeals, and two other appeals were
commenced but abandoned prior to hearing date.
At the annual meeting of the Canadian Association of Provincial Liquor
Commissioners in Toronto, all Board members were present and took part in the
deliberations and discussions.
We are glad to be able to report that many of the recommendations that we
have made to the Attorney-General are either under active consideration or have
been adopted.
The general volume of business in the current year (particularly the latter half)
has decreased significantly from that of 1974, but once the new Acts and regulations
are proclaimed we anticipate that our Board will be called upon again with considerable frequency.
I Km 'MBW
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CORPORATE, FINANCES, AND REGULATION
S 101
LIQUOR ADMINISTRATION
LIQUOR DISTRIBUTION BRANCH
General Manager: N. K. Warnes
In early 1975 the British Columbia Government implemented the major portion of an outside consultant's report recommending a complete reorganization of
the Liquor Administration Branch. Two new divisions were formed—the Liquor
Distribution Branch, to be located in the prime area of distribution in Vancouver,
and the Liquor Licensing and Control Branch in Victoria. The main objective in
adopting the report was to create organizations more responsive to modern consumer demands and with the ability to accommodate the recent major growth in
both areas of interest.
The Liquor Distribution Branch, which is charged with the responsibility of
all the physical operations of liquor distribution in the Province, completed their
reorganization in 1975 and commenced operation in Vancouver by the early
summer. The group focused their attention on the maintenance of listings by
consumer demand and the introduction of new products on the basis of quality,
potential sales, and representative value to the consuming public. A listing committee was appointed comprised of the Branch marketing group, augmented by
outside appointees with special interests or skills. Training seminars were conducted for branch employees to satisfy the increasing inquiries of store customers
and to improve job satisfaction. From within this group a select tasting committee
was developed who qualify all products offered to the Board within class and
price ranges.
Upon implementation of a new listing policy, the listing committee introduced
to the British Columbia market some 130 new products. A like number of poor
performing brands which did not meet consumer acceptance have been removed
from the list to provide space for the new entries. This process will be ongoing
to maintain products that are acceptable to the consumer at a reasonable return
on investment.
The first of a few strategically located specialty stores was opened in Vancouver in the fall of 1975, presenting a most satisfactory premium and rare wine
list in addition to a number of gift items. Contents of this store are accessible by
special order through any distribution branch in the Province to provide an additional service heretofore unavailable in British Columbia. Licensees utilizing this
avenue of supply have been able to display a more presentable and complete wine
list in their respective establishments and remain competitive with other provinces.
It is contemplated that specialty wine stores or sections will be located regionally
throughout the Province for greater accessibility.
The many outlets which had kiosks operated by independent blind operators
were incorporated into the distribution group in June 1975. Some 22 blind or
sight-handicapped people became full-time employees through negotiation with the
BCGEU as concession clerks. While the original program only includes the incumbent operators, a review is being conducted to expand this program for the handicapped where facilities permit.
As the major strength in any retail organization comes from its people, educational programs are under way for improved merchandising and product knowledge.
Long-service awards for 3 5-year continuous service were presented to six employees
in 1975, while 12 received 25-year awards. Labour relations are harmonious,
S 102
ATTORNEY-GENERAL
LIQUOR ADMINISTRATION BRANCH
TOTAL SALES
II
l
| CANADIAN |
IvivlvivXvlvXvivivXvX;'
$131 M
1973-74
mnrrm
IMPORTED
$ 43 M
CANADIAN
$162 M
SPIRITS
fllmTTIl
IMPORTED
$ 46 M
1974- 75
$ 28 M
1973-74
SI M
IMPORTED
$I7M
$ 32 M
WINES
IMPORTED!
$ IM | $19 M
1974-75
CORPORATE, FINANCES, AND REGUTATION
S 103
| CANADIAN |
$114 M
1 973-74
IMPORTED
$ 2M
TTTTTTTTT-T
$ 124M
MALT LIQUOR
IMPORTED
$ 3M
1974-75
iVAVlvl'/lvlviv/Aviv^'
Ijj CANADIAN
IMPORTED
S 0. 1 M
:•: CANADIAN
$
IMPORTED
$ 0.1M
1973-74
CIDER
1974-75
S 104 ATTORNEY-GENERAL
with grievances satisfied without arbitration, and joint committees are operating
successfully. The major outstanding item of mutual concern is the placement of
sanctions against products handled by the liquor distribution group by the B.C.
Federation of Labour, which have incurred hardships for both employer and employees. While an unsuccessful plea was made by our union in this matter, it is
hopeful that these situations may be resolved through public appeal rather than
through injury to innocent parties.
Improved access for inhabitants of remote or outlying areas was afforded
through the appointment of 22 responsible storekeepers as agents of the distribution
group to conduct a limited retail business with representative products. The sales
to date have justified the need for such units both in tourist and remote areas
where extensive travelling was previously experienced by prospective purchasers.
To satisfy seasonal demand for temporary store sites, a portable store was developed for location in resort and development areas. Two units have been installed
to date, one at Sayward on Vancouver Island and the other in the new resort
community of Whistler. These units are completely self-contained and accommodate approximately 120 varied product listings in addition to a limited stock of
beer. They can be moved for further relocation and have been accepted with great
enthusiasm. In our continuing program toward self-service stores, six units were
converted in the past year, and 27 new stores have been opened since March 1974.
Nine further stores will be converted to self-service in the forthcoming year, and
eight stores are due for replacement. A program for new store development is
continuing, predicated upon demographic analysis of various areas in conjunction
with the many planning boards and local developers.
Dollar sales have grown. This is primarily due to cost increases, but consumption or unit sales are not complementary. Listings change continually to meet
consumer habits and it is noteworthy that fortified wines appear to be decreasing
in popularity. Through an improved manpower planning program, our sales per
man-hour are increasing on a continuous basis, reducing the inflationary impact of
greater dollar sales despite a diminishing unit trend.
The past year has been one of considerable accomplishment in attaining our
goals of providing liquor to the people of British Columbia on a business basis
while constantly bearing in mind our social responsibilities. We anticipate maintenance of this impetus during 1976 upon proclamation of the Liquor Distribution
Act and the Liquor Control and Licensing Act, providing a more orderly but flexible
program of liquor control and distribution in the Province of British Columbia.
LIQUOR LICENSING AND CONTROL BRANCH
General Manager: V. C. Woodland
Responsibilities
The Liquor Licensing and Control Branch is responsible for the licensing of
all breweries, distilleries, and wineries of all premises licensed to sell all types of
beverage alcohol to the general public. The Branch carries out inspection activities
of such licensed establishments and carries on liaison activities with police and
enforcement bodies in the Province.
Sales
The total sales of $388,680,426 show an increase over the previous fiscal year
of $51,902,624. For comparative purposes, classification of sales is given hereunder for the fiscal year ended March 31, 1974, and March 31, 1975.
CORPORATE, FINANCES, AND REGULATION
S 105
Duties, Excise, and Sales Tax
The duty, excise, and sales tax paid to the Federal Government for the fiscal
year 1974/75 amounted to $49,867,177, an increase of $5,010,232 over the fiscal
year 1973/74.
The figure quoted represents only taxes paid directly by the Liquor Administration on goods that were cleared by it through customs and excise, as is the case
with imported goods. It does not include duties paid by the Branch through
suppliers where the liquor was purchased with duty already paid directly to the
suppliers, as is the case with Canadian breweries, wineries, and distilleries.
Permits
Pursuant to provisions of section 144 of the Government Liquor Act, the
revenue derived from the sale of permits was transmitted to the Minister of Finance
as part of the general revenues of the Province, and amounted to $74,301, an
increase of $3,873 over the previous year.
Licences
During the fiscal period 1974/75, 3,308 licences were issued to public houses,
dining-rooms, dining-lounges, lounges, brewers, and distillers; 310 licences were
transferred; 20 licences were suspended; and 94 were surrendered or cancelled.
Interdictions
Fifty-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 Department
The inspection department carried out 2,390 investigations, and the number
of interviews totalled 5,848 during the period under review.
The Liquor Administration Branch presents separately both a general and a
financial report, filed fiscally, and these reports should be consulted for more
detailed information.
S 106 ATTORNEY-GENERAL
AUDITORS' CERTIFICATION BOARD
Chairman: R. G. Campion
Since its inception the Board has met a total of eight times and has adopted a
Code of Ethics and has published a set of guidelines to assist persons in making
applications to the Auditor's Certification Board. Five applications for certification
have been received and have been rejected as all of the applicants were unable to
satisfy the Board that they met the requirements of the guidelines. The Board met
with the directors of the Institute of Accredited Public Accountants of British Columbia to explain the function of the Board and to discuss the role of the Institute in
dealing with its membership.
It has become evident to the Board as a result of its consideration of the applications it has received for certification that in several instances applicants have sought
certification not for the purpose of qualifying them to be auditors for reporting
companies but rather as a means of advancing and enhancing their position within
the organization with which they are employed.
Consequently, the Board advised those persons contemplating the making of
an application for certification that, unless they can meet all of the prerequisites set
out in the guidelines, and unless they are already or expect to enter the field of public
accounting, applications should not be made to the Board.
CORPORATE, FINANCES, AND REGULATION S 107
BRITISH COLUMBIA ENERGY COMMISSION
Chairman: Dr. A. R. Thompson
Responsibilities
The Commission operating under the Energy Act, S.B.C. 1973, chapter 29, has
three areas of responsibility—to report when requested by the Lieutenant-Governor
in Council on all matters pertaining to energy resources within the Province; the
regulation of all energy utilities within the Province, except the British Columbia
Hydro and Power Authority; and to regulate the petroleum products industry within
the Province.
Activities
In 1975 the Commission participated on behalf of the Province in separate
hearings by the National Energy Board in the supply of, and demand for, natural
gas and oil. The first annual forecast of energy supply and demand (1974 to 2006)
released in January 1975 is being reviewed. The Commission held public hearings
in May and June on natural gas and oil field prices and incentives. A final report
has been made to the Government. A study of energy conservation methods is
under way and assistance is being provided to the Coal Task Force.
The Commission held public hearings in 1975 on the applications for rate
increases by Cigas Products Limited, Rockgas Utilities Limited, Vigas Propane
Limited, Fort Nelson Gas Limited, Central Heat Distribution Limited, and Columbia Natural Gas Limited.
The Commission dealt with financing applications by four energy utilities under
its jurisdiction, involving approximately $27.5 million. The Commission has also
co-operated with the Department of Transport and Communications, which has
jurisdiction over oil pipe-lines, on review of a rate increase application by Westcoast
Petroleum Limited for its Westpac oil pipe-line. Applications and materials filed
with the National Energy Board with respect to the Mackenzie Valley natural gas
pipe-line are being followed closely. The Utility Regulation Department continues
a review of the annual reports each energy utility must file and also deals with consumer complaints against utilities. The number of complaints has declined with
elimination of the backlog which existed in 1973. This Department was also involved
in administering the oil/gas exchange agreement between British Columbia Hydro
and Power Authority and the British Columbia Petroleum Corporation during the
winter of 1975.
During 1975 the Petroleum Regulation Department continued it monitoring of
refined petroleum product prices in the Province and issued a number of guidelines
dealing with the wholesale prices of such products. The Department was dealing on
a daily basis with complaints and inquiries related to gasoline and refined petroleum
products (the supply and price of) and made periodic survey and analyses of local
markets. It maintains general liaison with the other provinces and the Federal
Government regarding product prices and supply. The Department administered
the price freeze on petroleum products which came into force during the latter part
of 1975. A hearing was held into the pricing and distribution of propane and
butane in the Province and the report containing the findings and recommendations
is under preparation. A study of gasoline marketing and competition in the Province,
begun in 1974, has been completed and the recommendations are being forwarded
to the Government in 1976.
CORPORATE, FINANCES, AND REGULATION
S 109
Under the Energy Act the Commission is required to make an annual report
to the Lieutenant-Governor in Council prior to the first day of March for the preceding calendar year. That report should be consulted for a more detailed statement
of the operations of the Commission.
IV. SUPPORT
SERVICES
S 112
ATTORNEY-GENERAL
FINANCE AND ADMINISTRATION
Executive Director: Ralph M. Baker
The Finance and Administration Division functions as the general administration and support program for the entire Attorney-General's Department and as such
is responsible for
1 budget planning and preparation,
2 budget control,
3 accounting,
4 payroll,
5 personnel,
6 purchasing.
During the 1974/75 fiscal year, revenue amounted to $146,888,172 and expenses totalled $90,419,523, leaving an excess of $56,468,649. The year saw a
substantial increase in the work load due to the implementation of the Administration of Justice Act, which resulted in the complete take-over of courts in the Province
and a significant increase in related programs, particularly the Sheriff Services.
Expenditure reports for fiscal 1974/75 have been classified differently to past
years but conform to the Financial Planning System structure being developed within
the Department, and the reports are intended to comply also with the provisions of
the Administration of Justice Act.
As Public Accounts were not prepared on this basis, some arbitrary decisions
respecting allocation of expenditures have been necessary. Specifically it should be
noted that the Development of Justice Systems' allocation was assigned to expenditures in such main areas as Courts, Sheriffs, Prosecutions, Court Reporters, and the
Co-ordinated Law Enforcement Unit.
SUPPORT SERVICES
S 113
ACTUAL EXPENDITURES 1974-75
.5 JUSTICE PLANNING
1.0 ADMINISTRATION
1.2 MISC. EXPENSES
7.9 REGISTRATION, REGULATION
&/INSPECTION
Administration
Justice Planning
Legal Services
Courts
Police
Corrections
Registration, Regulation, and Inspection
Miscellaneous expenses
$
Per
Cent
899,211
1.00
467,179
0.50
6,149,945
6.80
31,353,557
34.70
17,854,035
19.80
25,448,939
28.10
7,122,316
7.90
1,124,341
1.20
90,419,523
100.00
S 114
ATTORNEY-GENERAL
ACTUAL REVENUES 1974-75
1.9 OTHER
2 COMPANIES
9 LAW STAMPS
4.8 COURT FEES
& FINES
<t Per
* Cent
Companies 2,871,406 2.00
Court fees and fines 7,154,146 4.80
Credit Unions Act 103,512 0.10
Fire Marshal Act—fees, etc 702,758 0.50
Government Liquor Act 120,300,399 81.90
Insurance Act 190,692 0.10
Land Registry fees 12,554,428 8.50
Law stamps 1,282,943 0.90
Motion Pictures Act 89,469 0.10
Administration Act 147,625 0.10
Real Estate Act 64,419 0.04
Securities 209,134 0.10
Sheriffs Act 888,247 0.60
Trade licences 79,817 0.10
Miscellaneous receipts 249,177 0.16
146,888,172
100.00
SUPPORT SERVICES
\
S 115
REVENUE FOR PERIOD 1965-75
1965-6
1966-7
1967-8
1968-9
1969-0
1970-1
1971-2
1972-3
1973-4
1974-5
$ 49,545,180
53,167,623
59,939,699
66,349,732
73,328,899
77,751,093
99,975,120
114,020,983
130,814,864
' ■ '.'.:,.". :.. ' ' ' "' ""'"'. :
146,888,172
S 116 ATTORNEY-GENERAL
PERSONNEL SERVICES
Director: Peter Clark
The Personnel Services Branch is responsible to the Deputy Minister for all
matters relating to Personnel Administration such as recruitment and selection,
classification and organization, labour relations, training, records management, etc.
A significant change occurred on September 22, 1975, with an amalgamation
of the separate personnel units in the administration of justice. The Personnel
Office staff has been reorganized and the majority of records and file revisions have
been completed.
The Branch currently has seven personnel officers and the work load is assigned
according to divisions in the Department.
Branch activities during 1975 are reflected as follows:
1. Statistics
Requisitions processed, 1974 1,268
Requisitions processed (Jan. 1 to Nov. 30), 1975 1,094
Competitions, 1974 306
Competition, 1975 356
2. Recruitment and Selection
Due to Treasury Board directives, the recruiting and selection activities were
reduced, which is reflected in the decrease of requisitions processed.
In liaison with Sheriff Headquarters, approximately 2,000 applications were
received for Deputy Sheriff 1 positions through the Province. An eligibility list was
established and maintained, and qualified candidates were interviewed and placed
on the BCIT Training Course prior to placement in the field.
3. Classification and Organization
Classification reviews were completed for coroner technicians, and other positions located in the Rent Review Commission, B.C. Police College, Court Administration, and Justice Information Systems. The majority of organization and classification reviews involved the transfer of staff into the Public Service from the Justice
Development Commission.
There were 329 individual and seven major branch organizational reviews
completed. This compares with the 1974 total of 69 reviews.
Major classification reviews will be undertaken next year in Court Administration and the Corrections Branch, in addition to the normal April and October classification review periods.
Numerous meetings were held with the union and the Branch participated in
negotiations for Corrections and the Administrative Support Component.
A Classification Appeal Committee was established for ex-municipal employees
taken over on April 1, 1974, in conjunction with the establishment of the Court
Administration Branch. Specifically, the Court Clerk series was involved and 89
appeals were handled by the committee.
Branch personnel also participated in the co-ordination of the Student Working
in Government program and 76 students were employed by the Department.
In keeping with the intent of decentralizing personnel activities as much as
possible, a one-week seminar was developed and presented to the Court Administration Branch. This course proved to be very effective and it is anticipated that it will
be offered to other Departmental branches in the coming year.
SUPPORT SERVICES S 117
JUSTICE INFORMATION SYSTEMS
Senior Project Director: W. B. McMinn
Divisional Overview
The Justice Information Systems Division was established in 1974 with the
goal of providing a co-ordinated information system design, implementation, and
operation system for the Department of the Attorney-General. Much of the work
to date has been involved in conducting feasibility studies, determining user requirements in a number of different operating areas, and in evaluating attempts in other
jurisdictions of management information systems. This phase is essential to determine whether information systems projects have benefits that justify additional
development effort.
An integrated approach to the systems design function has been adopted, and
wherever possible an attempt is made to minimize the duplication of development
effort among the various application areas.
Justice Information Systems is a service division and must rely on the management of its users to determine priorities for application development. Decisions
regarding the development sequence of Information Systems projects depend on
the total priorities of the components of the Attorney-General's Department.
During 1975, Justice Information Systems established two computer operations
units, one in Vancouver and one in Victoria. These units provided Remote Job
Entry and interactive access to various computing centres, plus key-punch, data
control, and technical support services to all components of the Attorney-General's
Department.
The Division is organized into six major functional areas—police, courts,
corrections, legal services, system-wide applications, and administrative systems.
The following is a brief summary of the projects undertaken during the past year
and of the progress made:
Police
1. Centralized Index Inquiry System for Police Files
A comprehensive feasibility study and cost/benefit analysis was performed for
a centralized computer-based index for police agencies.
2. Police Statistics on Criminal Activity
Computer programs were developed to process the uniform crime reports
submitted monthly by each police agency to Statistics Canada.
The information has proved to be valuable for resources allocation and planning
by police agencies, court services, legal services, and other divisions of the Department. Interest in the system has also been expressed by Statistics Canada with a
view to implementing it in other jurisdictions across the country.
3. Access to ICBC Motor-vehicle Files
In the past, police agencies have encountered considerable difficulty in obtaining driver and vehicle ownership information for investigational purposes.
In order to overcome this problem, computer terminals providing on-line
access to ICBC driver and motor-vehicle files have been installed at Vancouver
City Police Headquarters and the RCMP Crime Index Section in Vancouver.
Additional telephone lines and staff were also provided by the Motor-vehicle Branch
to improve their service in supplying this information.
■i
SUPPORT SERVICES S 119
4. Police Skills Inventory Database
This system has been implemented for the B.C. Police College to provide an
inventory of police skills of all municipal officers throughout the Province. The
system provides useful information for developing training standards for the College
and also for obtaining access to the names of police officers of specific skills. The
information is verified and updated on a quarterly basis or when additional training
is completed.
Courts
1. Vancouver County and Supreme Court Information Systems
This project is based upon a report on registry activities in the Georgia Street
Courthouse. The recommendations resulting from this report were accepted by the
Attorney-General and have resulted in the development of the following administrative reforms:
(a) A microfilm system designed to film incoming documents and handle
search inquiries:
(b) A document-retention schedule to control the inflow of documents
into the registry:
(c) A control program to eliminate, simplify, and redesign court forms
and reports:
(d) A case record card system to monitor case flow and eliminate the
cause books:
(e) A new filing system to speed up file preparation and retrieval:
(/) A computerized plaintiff/defendant index system:
(g) Improved systems for civil and criminal exhibit control, court funds
accounting, trial scheduling, furniture and equipment inventory, etc.:
(h) A functional program for registry staff organization:
(i) A staff training manual for all registry procedures.
Although the administrative systems implemented in conjunction with the
project were designed for the Courthouse at 800 West Georgia Street, many of
these same procedures can be used in other Supreme and County Court Registries.
2. Criminal Court Information Systems
The Attorney-General's Department has embarked on two major projects
to upgrade the administrative process in the criminal sections of the Vancouver
Supreme/County Court Registry and the Provincial Court Clerk's office.
The Criminal Case Processing project in the Vancouver Supreme/County
Court was initiated in August 1975 as a companion to the civil courts project.
Its objectives are to introduce modernized forms and methods, microfilming procedures, and automated systems to provide better tracking of cases and accused,
to improve accuracy of records, and to increase the efficiency of registry personnel.
This system is due for phased implementation to be completed by March 1976.
The Criminal Case Processing project in the Vancouver Provincial Court was
conceived to meet the same objectives stated above but with special emphasis on
the use of automated systems and more efficiently designed forms.
3. Court List Information System
The Court List Information System was developed to provide effective, low-
cost basic data necessary for the administration and planning of court services
throughout the Province.
S 120 ATTORNEY-GENERAL
The system involves the development of a standardized court list which will
be used to collect case activity information from Provincial, County, and Supreme
Courts for both civil and criminal cases.
4. Family Courts
As a first step towards a Province-wide Family Court information system, several forms and procedures were developed that will not only facilitate the processing
of family cases but also provide basic information necessary for the efficient administration of these courts. These are being tried out first on a manual basis in the
Surrey Unified Family Courts. This will allow for a full review before they are
implemented elsewhere and before proceeding with computerization of this system.
5. Witness Management
Late November saw the implementation of computer programs to assist in the
management of witnesses in the Victoria Provincial Court.
After a review of this pilot project, the possibility of expanding the project to
other courts in the Province will be considered.
Corrections
Revisions to the Existing Corrections Branch Information System
The new computer updating system was designed and the database from the
existing system was converted to the new format. This enabled a substantial number
of reports to be produced for Pre-trial Services, Bail Supervision, the Solicitor General of Canada, Cornerstone Planning, and the Corrections Management Review
Committee. These reports provided useful statistical resource allocation and planning information for these agencies.
Delivery of Legal Services
1. Legal Aid
The principal objective of the Legal Aid project is to provide regular and timely
information on the volume and extent of legal aid services in British Columbia.
A system and related procedures have been developed to capture legal aid application and referral data from the Legal Aid Society offices and prepare reports on a
regular basis.
2. Legislative Drafting
The Legislative Drafting project is a continuation of the long-term project for
entering the full text of British Columbia Statutes directly into a remote computer
for storage and retrieval. All the current Acts up to and including those enacted in
1974 have been entered into the computer and at year-end a good start had been
made on catching up the backlog that had accumulated during 1975.
3. Legislative Searching
The Legislative Searching Project is a computer inquiry and information retrieval system. By means of cathode ray tube devices located in the Legislative
Buildings and elsewhere, a computer database comprising all current British Columbia Act enacted up to and including 1974 can be searched for the presence of specified words, phrases, and combinations of words and phrases.
SUPPORT SERVICES
S 121
Systems-wide Projects
1. B.C. Criminal Justice System Simulation Model
This project was initiated in 1975. The objective of the project is to develop
a simulation model of the B.C. Criminal Justice System to assist in co-ordinating
planning for the different components of the Justice System.
The JUSSIM computer program has been chosen as the vehicle for developing
this model. This program allows the user to describe the justice system as a linear
flow model. It was chosen for its portability, flexibility, and simplicity.
The acquisition of this system will enable us to implement quickly a representative model and to concentrate more on data collection and planning rather than
on model development per se.
User representatives are currently "critiquing" an initial version of the flow
diagram and a meeting is planned for early in the new year to review this information.
2. Financial Information System
This system is being tested to provide all levels of management within the
Department with regular monthly reports of their current financial status related to
approved budgets.
It is expected that with the introduction of this system the operating divisions
of the Attorney-General's Department will be more able to exert responsible fiscal
control over their operations.
Attorney-General Administrative System
1. Companies Branch Management Information System
During 1975 a complete review of the Companies Office was completed. As a
result of this review, a formal project definition for automation of the Companies
Office was developed. A Treasury Board submission was prepared for this work
and is now awaiting approval.
2. Feasibility Studies in the Business Offices of the Attorney-General's
Department
During the summer of 1975 an overview feasibility study for computer applications was conducted in 10 business offices and Commissions of the Attorney-
General's Department. A number of potential application areas have been identified
and will be investigated further during the 1976/77 fiscal year.
3. Rent Review Commission
Justice Information Systems staff were involved in an evaluation of the Rental
Control Systems proposed as a result of the recent report on Housing and Rent
Control in British Columbia.
4. B.C. Fire Commission
At the present time Justice Information Systems staff are assisting in the preparation of draft legislation from the point of view of organization, procedures, and
systems that might be implemented in an expanded Fire Marshal's Office, which will
parallel the Police Commission set up recently.
5. Credit Union Statistical Report
Changes in the Credit Unions Act and revised federal reporting requirements
have rendered obsolete the existing system through which the credit unions report to
S 122
ATTORNEY-GENERAL
the Credit Union and Co-operatives Branch. A new system for summarizing the
financial statements is in the process of being developed and will be implemented by
April 1, 1976.
6. Liquor Distribution Branch
Justice Information Systems staff were assigned responsibility to co-ordinate
activities resulting from the splitting of the former Liquor Administration Branch
into two branches—the Liquor Licensing Branch and the Liquor Distribution
Branch. This involved moving 72 staff positions, previously located in Victoria, to
the Liquor Distribution Warehouse in Vancouver.
Justice Information Systems prepared procedure manuals, and then conducted
the training and co-ordination of the move of personnel, equipment, etc. Further
work is envisaged in regard to development and implementation of new administrative and computer systems.
Other Attorney-General Business Systems
Land Registry System
Justice Information Systems personnel have undertaken a study of the feasibility of automating the Land Registry Offices.
The objective of this study is to provide a level of service consistent with the
needs of the public and the capability of the internal administration to handle
increased work loads under the existing personnel hiring guidelines.
It would appear that the automation of B.C. Companies Office would be a
first step towards a computer database which might be common to the various
offices of the Attorney-General Business Systems.
SUPPORT SERVICES
S 123
FACILITIES GROUP
Director: Fran Prevost
The Facilities Group was set up within the Court Division in 1974 to review
existing court facilities as well as recommend and direct improvements to them.
It has continued with this work and is setting up the basis on which facility planning
and management services can be extended throughout the Department.
Court Facilities
Many of the projects outlined last year have now been undertaken by the
Department of Public Works, while others have been initiated. Guidelines for
the development of facilities in the Province is nearing completion. These documents contain a detailed description of the court structure and services in British
Columbia, a detailed description of the functions of each of the components within
the court system, and specifications for the quality and amounts of space required.
The following is a list of projects as of December 1975:
1. New Court Facilities
Richmond
Ashcroft
Vancouver (222 Main St.)
Squamish
2. Renovations (to existing facilities)
Campbell River
Courtenay
Duncan
Port Alberni
Vancouver
800 West Georgia St.
814 Richards St.
Burnaby
Chilliwack
Coquitlam
Mission
Vernon
Kamloops
Prince George
Burns Lake
Smithers
Fernie
Merritt
Surrey
Dawson Creek
Fort St. John
Chase
New Westminster
Kelowna
Oliver
Pentictort
Cranbrook
Powell River
Golden
Grand Forks
Invermere
Nelson
Rossland
Fort Nelson
Quesnel
Masset
Clinton
Lillooet
Williams Lake
Renovations (to rented space)
Campbell River
Surrey
Revelstoke
Kimberley
Kamloops
Duncan
Oliver
Cranbrook
Castlegar
100 Mile House
S 124
ATTORNEY-GENERAL
4. Renovations or Construction (under way or about to commence)
Nanaimo Prince Rupert
Victoria Terrace
Langley Matsqui
Surrey Kamloops
Revelstoke Creston
Kimberley Chase
5. Proposals for Renovation (submitted to the Department of Public Works)
Courtenay
Ucluelet
North Vancouver
Salmon Arm
Delta
Penticton
Richmond
Merritt
Princeton
Vernon
Castlegar
Fernie
Rossland
Surrey
Burnaby
6. Planning Projects (completed)
Bella Coola
Vanderhoof
Ucluelet
Hazelton
Penticton
Houston
Grand Forks
Kitimat
Queen Charlotte City
Cassiar
Chetwynd
Terrace
Lower Post
Williams Lake
Mackenzie
Ashcroft
Merritt
Clearwater
Chase
7. Planning Projects (under way)
Ladysmith
Sydney
North Vancouver
Surrey
White Rock
Coquitlam
Hope
Kelowna
New Westminster
Nelson
Kamloops
Prince George
Chilliwack
The Facilities Group was asked to participate in determining the potential
use of a Native Indian residential school previously operated by the Federal
Government on Kuper Island. The ownership of these facilities was transferred
to the local band, and they in turn approached the Attorney-General's Department
to determine whether or not it could make use of the premises.
After closing the Juvenile Detention Home, the Facilities Group was asked
to find alternative accommodation for the juvenile remand and assessment programs. After an extensive survey, a plan is being prepared to utilize the former
Willingdon School complex to house juvenile remand and assessment programs
as well as a Justice Education Centre.
A capital expenditure plan covering all aspects of the Attorney-General's
Department was prepared and submitted to the Department of Public Works.
SUPPORT SERVICES
S 125
Facilities Management Group
As requested by the Deputy Attorney-General, facilities management and
planning capabilities within the Department were reviewed. It was found that all
branches required assistance in determining or acquiring adequate space, and in
co-ordinating the development of facilities with that program.
This unit is further responsible for the following tasks:
1 To prepare, update, and maintain a complete inventory of space
currently occupied by the Department, and to ensure that this inventory corresponds to the records kept by the Department of Public
Works. The inventory should include such information as size and
type of space, occupant, location, owner, cost, condition, suitability,
etc.
2 To study the future planning of the Department, prepare and update
a facility program based on projected requirements.
3 To prepare long-range capital expenditures projections.
4 To prepare a yearly capital expenditures budget estimate for the
Department and act as a liaison with the Department of Public
Works in determining the feasibility of a work program during the
fiscal year.
5 To reassess, upon Cabinet approval of the budget estimates, the
capital expenditure plans and programs for the Department wherever necessary.
6 To act as project managers within the following frame of reference:
(a) To interpret Departmental policy concerning location,
design, and use of each project:
(b) To prepare specific functional programs for each project,
defining the amounts, types, and relationships of space:
(c) To review time and cost schedules:
(d) To act as client representatives in site selection, design
development, and assignment of space:
(e) To provide technical and design guidance to architects:
(/) To hire and provide guidance to consultants if necessary.
7 To act as a liaison with, and in an advisory capacity to, the Department of Public Works and any private consultants employed on
Departmental building projects.
S 126
ORGANIZATION CHART
S 127
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ATTORNEY-GENERAL
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DIRECTORY
S 129
DIRECTORY
David Vickers, Deputy Attorney-General
Address Telephone
Room 126, Parliament Buildings 387-3089
Victoria.
I. ADMINISTRATION OF JUSTICE
B.C. Police Commission
Dr. John Hogarth, Chairman
B.C. Police College
Gerald B. Kilcup, Director
Co-ordinated Law Enforcement Unit
Dr. Malcolm A. Matheson, Director
Delivery of Legal Services
Don Jabour, Chairman
Court Administration
Judge Perry S. Millar, Chief Court
Administrator
Court Reporters
Vince Moore, Chief Court Reporter
Sheriff Services
Gerry R. Engel, Director
Courts Planning Group
Fran Prevost, Director
Corrections
John Ekstedt, Acting Deputy Minister
Justice Councils
Don McComb, Director
Companies Office
M. Jorre de St. Jorre, Registrar
Securities Branch
W. S. Irwin, Superintendent of Brokers
Public Trustee's Office
C. W. Foote, Public Trustee
Real Estate and Insurance
E. T. Cantell, Q.C, Superintendent
Vancouver Branch
Credit Union and Co-operatives
R. A. Monrufet, Superintendent
Office of the Fire Marshal
H. K. Jenns, Fire Marshal
Motion Picture Classification
R. W. McDonald, Director
1440, 409 Granville St., 684-2137
Vancouver.
1755 West First Ave., 736-3441
Vancouver.
2588 Cadboro Bay Rd., 598-4545
Victoria.
200, 744 West Hastings St., 689-0741
Vancouver.
Pacific Centre, 684-9311
5, 700 West Georgia St.,
Vancouver.
Sixth Floor, 736 Granville St., 684-9311
Vancouver.
1318 Esquimalt Rd., 387-5135/36
Victoria.
5, 1190 Melville St., 687-1764
Vancouver.
625 Superior St., 387-5354/55
Victoria. 387-5356/57
947 Fort St., 387-3745
Victoria.
6, Law Courts, 387-3966
Victoria.
3rd, 756 Fort St., 387-3978
Victoria.
635 Burrard St., 684-9311
Vancouver.
18, Law Courts, 387-6374
Victoria.
777 Hornby St., 684-9311
Vancouver.
10356 East Whalley Ring Rd., 584-7611
Surrey.
1620 West Eighth St., 734-1212
Vancouver.
140 East Eighth Ave.,
Vancouver.
S 130
ATTORNEY-GENERAL
Racing Commission
R. E. Collis, Commisioner-Secretary
Office of the Rentalsman
B. A. Clark, Rentalsman
Rent Review Commission
John Brewin, Chairman
Land Registry Services
J. V. DiCastri, Director, Legal Services
Research Centre
Dr. Pauline Morris, Director
B.C. Board of Parole
S. Rocksborough Smith, Chairman
Law Reform Commission of B.C.
Leon Getz, Chairman
Address
4259 Canada Way,
Burnaby.
525 Seymour St.,
Vancouver.
1170 Hornby St.,
Vancouver.
Parliament Buildings,
Victoria.
1551, 409 Granville St.,
Vancouver.
2, 1075 Melville St.,
Vancouver.
10, 1055 West Hastings St.,
Vancouver.
Telephone
438-6555
689-0811
689-9361
387-6630
688-8276
683-7341
683-1246
II. LEGAL DEPARTMENT
General Administration
Alex L. Pearson, Q.C, Associate Deputy
Attorney-General
Constitutional and Administrative Law
M. H. Smith, Director
Civil Law
Gerald H. Cross, Q.C, Director
Criminal Law
Neil A. McDiarmid, Q.C, Director
Legislative Counsel
G. Alan Higenbottam, Legislative Counsel
Revision of Statutes
Dr. Gilbert D. Kennedy, Q.C, Associate
Deputy Attorney-General
Room 06, Parliament Buildings, 387-6785
Victoria.
Room 07, Parliament Buildings, 387-6798
Victoria.
Room 09, Parliament Buildings, 387-6787
Victoria.
Room 09, Parliament Buildings,
Victoria.
387-6786
Room 223, Parliament Buildings, 387-6391/92
Victoria. 387-6393
Room 04, Parliament Buildings,
Victoria.
387-6782
III. CORPORATE AND FINANCIAL SERVICES DIVISION
Headquarters
Dennis R. Sheppard, Associate Deputy
Attorney-General
Corporate and Financial Services Commission
Leon Getz, Chairman
Liquor Administration Branch
V. C. Woodland, Liquor Licensing and
Control General Manager
W. K. Warnes, Liquor Distribution General Manager
Auditors' Certification Board
R. G. Campion, Chairman
1008, 1175 Douglas St.,
Victoria.
10, 1055 West Hastings St..
Vancouver.
1028 Wharf St.,
Victoria.
3100 East Broadway,
Vancouver.
756 Fort St.,
Victoria.
387-6772
387-3640
683-1246
383-1161
255-2632
387-3978
DIRECTORY
S 131
IV. SUPPORT SERVICES
Address
Finance and Administration 947 Fort St.,
Ralph M. Baker, Executive Director Victoria.
Personnel Services 947 Fort St.,
Peter Clark, Director Victoria.
Justice Information Systems 1190 Melville St.,
W. B. McMinn, Senior Project Director Vancouver.
Facilities Group 1190 Melville St.,
Fran Prevost, Director Vancouver.
Telephone
387-5231
387-3741
687-8721
687-1764
Printed by K. M. MacDonald, Printer to the Queen's Most Excellent Majesty
in right of the Province of British Columbia.
1976
5,030-376 6290
CREDITS
Graphics
Corporate and Financial Services: Marilyn Gore.
Cover: Steam Bubble Graphics Ltd.
Photographs
Nelson Courthouse photograph: Courtesy Dorthea Atwater.
All other photographs were taken by Marian Bancroft.
The 1975 Attorney-General's Annual Report was typed by Martha Dalton; edited
by Peter Hay; copy edited by Beverly Matsu.
BC Sessional Papers
DEPARTMENT OF THE ATTORNEY-GENERAL PROVINCE OF BRITISH COLUMBIA ANNUAL REPORT FOR THE YEAR ENDED DECEMBER… British Columbia. Legislative Assembly 1976
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