"4a954dfc-7584-4c9c-b105-26d910457109"@en . "CONTENTdm"@en . "ATTORNEY-GENERAL"@en . "http://resolve.library.ubc.ca/cgi-bin/catsearch?bid=1198198"@en . "Sessional Papers of the Province of British Columbia"@en . "British Columbia. Legislative Assembly"@en . "2019-02-19"@en . "1976"@en . "https://open.library.ubc.ca/collections/bcsessional/items/1.0377974/source.json"@en . "application/pdf"@en . " DEPARTMENT\nOF THE\nATTORNEY- GENERAL\nPROVINCE OF BRITISH COLUMBIA\nANNUAL REPORT\nFOR THE YEAR ENDED DECEMBER 31\n1975\n Colonel the Honourable Walter S. Owen, Q.C., LL.D.,\nLieutenant-Governor of the Province of British Columbia.\nMay it please Your Honour:\nThe Annual Report of the Department of the Attorney-General of the Province for the year 1975 is herewith respectfully submitted.\nGARDE GARDOM, Q.C.\nA ttorney-General\nOffice of the Attorney-General\nMarch 1976\n The Honourable Garde Gardom, Q.C.\nA ttorney-General\nParliament Buildings\nVictoria, B.C.\nDear Mr. Gardom: I have the honour to submit to you materials which I\nrecommend comprise the second Annual Report of the Attorney-General for the\nProvince of British Columbia, pursuant to the provisions of section 5 of the\nAttorney-General Act, R.S.B.C. 1960, chapter 21.\nYours very truly,\nDAVID H. VICKERS,\nDeputy Attorney-General\n CONTENTS\nIntroduction\nI, Administration of Iustice\nPolice\nBritish Columbia Police Commission\nBritish Columbia Police College\nCo-ordinated Law Enforcement Unit\nLegal Services Commission\nCourts\nCourt Services\nAdministration\nCourt Reporters\nSheriff Services\nCourts Planning Group\nCorrections Branch\nIustice Councils\nIustice Development Commission\nJustice Planning Unit\nPre-trial Services\nResearch Centre\nInformation and Public Programs\nFamily and Children's Court Services\nBritish Columbia Board of Parole\nLaw Reform Commission of British Columbia\n15\n16\n17\n21\n27\n27\n31\n31\n32\n37\n42\n44\n44\n45\n46\n47\n50\n52\n55\nII. Legal Department\nGeneral Administration\nConstitutional and Administrative Law\nCivil Law\nCriminal Law\nCrown Counsel\nRevision of Statutes\nLegislative Counsel\n58\n59\n63\n64\n64\n67\n68\nIII. Corporate, Finances, and Regulation\nCorporate, Financial, and Regulatory Division\nCorporate and Financial Services Commission\nCompanies Office\nSecurities Branch\nPublic Trustee\nReal Estate and Insurance Branch\nCredit Unions and Co-operatives\nOffice of the Fire Marshal\n70\n71\n73\n77\n80\n81\n84\n85\n III. Corporate, Finances, and Regulation\u00E2\u0080\u0094Continued\nMotion Picture Classification 87\nBritish Columbia Racing Commission 89\nRent Review Commission 93\nOffice of the Rentalsman, 95\nLand Registry Service 96\nBritish Columbia Liquor Board 99\nLiquor Administration 101\nLiquor Distribution Branch 101\nLiquor Licensing and Control Branch 104\nAuditors' Certification Board 106\nBritish Columbia Energy Commission 107\nIV. Support Services\nFinance and Administration 112\nPersonnel Services 116\nJustice Information Systems 117\nFacilities Group 123\nOrganization Chart 126\nDirectory 129\n INTRODUCTION\nDeputy Attorney-General: David H. Vickers\nLast year the Department of the Attorney-General made its first effort to file\nan annual report. It contained an article by Mel Smith, Director of Constitutional\nand Administrative Law, entitled \"The Attorney-General: A Historical Perspective.\" ' Mr. Smith pointed out that the role of the Attorney-General was \"quite\ndistinct from that of any other Member of Cabinet. He is not only the head of a\ndepartment and thereby obliged to advance the interests of his department among\nhis cabinet colleagues, in caucus and in the legislature; he must also be able to\nadvise Government and provide legal opinions irrespective of the political implications and independent of the political consequences that might flow therefrom,\neither to his department or to the Government generally.\"\nThat is a unique role for a Minister of the Crown. The words are worth\nrepeating because I believe few people understand the importance in our society\nof that role. It demands a candour and frankness not always found in political\nlife. We must always preserve that independent role, a cornerstone of our parliamentary system.\nFor ll1/^ months of 1975 the Honourable Alex. B. Macdonald, Q.C, was\nAttorney-General. Upon the defeat of Government on December 11, 1975, the\nHonourable Garde Gardom, Q.C, succeeded to the post. I would like to record\nmy personal appreciation for the opportunity which Mr. Macdonald gave to me\nand others to take part in a very exciting period in this Department's history.\nIn the past three years a heavy commitment has been made to improve the\nadministration of justice in British Columbia. Through the hard work of all divisions and with the assistance of programs developed by the Justice Development\nCommission, every effort has been made to improve existing services and facilities\nwith the funds available. There has been nothing radical about the approach which\nwe have taken. Where we have had the opportunity to innovate we have not been\nhesitant. On the other hand, particular emphasis has been placed on basic, traditional services and the good management of programs.\nThe year 1975 continued as a period of change, although it is fair to say that\nthe pace of change decelerated to some extent. The Department, faced with the\nmany new responsibilities and programs brought about by legislation in 1974,\nbegan to consolidate and make efforts to improve existing services.\nEvery part of the Department was badly affected in 1975 by Treasury Board\ndirectives dealing with staff hiring levels. Inability to replace personnel and\nrestrictions placed on developing programs placed a heavy strain on employees.\nControl initiated by an insensitive bureaucracy and administered without any\nappreciation for the nature of programs and Government priorities can only have\na disastrous effect. That was the case during the past year and all component parts\nof the Attorney-General's Department suffered alike. Those engaged in growing\nand expanding programs in the administration of justice such as Crown Counsel,\nCourt Reporters, Sheriff Services, and Court Administration were particularly disrupted. No annual report would be complete nor would it do justice to the\nmanagers and employees whose loyalties were strained if these facts went unrecorded.\nI 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\nfor \"self-renewal.\" No system can continue forever; change is a part of our daily\n S 10 ATTORNEY-GENERAL\nexistence. Any rigid organization is bound to fail. This is particularly true in the\ndelivery of a complex social service such as justice.\nTherefore, we have devoted a fair amount of time in efforts to develop a small\nplanning capacity; a small but able research capacity; and finally some vehicle to\ncommunicate with local communities. Through planning and research and through\nlocal Justice Councils, where we have attempted to develop a level of community\nparticipation, we hope that we have built into the system a capacity to meet the\nneeds of our changing society.\nIt is no longer appropriate simply to react. We must anticipate and plan for\nthe future. We must be responsible to demands of our local communities. If\nrespect for law and order is a legitimate community goal, then we must be prepared\nto share our information, our concerns, and our successes as well as our failures;\nwe must invite criticism and be responsive to intelligent community demands.\nTwo years ago the Justice Development Commission was incorporated by\nStatute. Its first major task was to ensure an early assumption of responsibility for\nthe administration and operation of the Provincial Court. The second priority, to\ncontinue to improve facilities and services in each facet of the justice system, is a\ntask which the system itself is now capable of carrying on. In my opinion, the\nJustice Development Commission ought to remain for the purpose of policy planning, analysis, and research within the administration of justice section of the\nDepartment of the Attorney-General. It should not be aloof but a part of the total\njustice scene. It can be, along with strengthened ties with local communities, our\ncontinuing capacity for \"self-renewal.\"\nI leave it to individual reports to record the events of last year. Permit me to\nsay something of the future. It is too much to expect that the administration of\njustice will ever be perfect. Much needs to be improved. We pay the price (as\ndo other provinces in Canada) of a system which has not had a high priority.\nMuch needs to be done simply to catch up, and there is little time. \"Failures\" and\n\"flaws\" continue to show. While we must try to cure these, we must also be alive\nto 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\nthose who come in contact with it.\nCrime prevention programs are high on our list of priorities. Police throughout British Columbia are responding daily to this new challenge. Police initiatives\nand leadership and local community support have been outstanding. In 1975,\ngrowth in the crime rate actually showed a decrease. It is far too early to say that\nwe have \"turned the corner,\" but I do congratulate all those who took part in this\nsuperb effort.\nWhile more money, more people, and more laws will be called for, indeed\nmight even help, I remain convinced that what we need more than anything is a\nchange of heart and mind about what the system is all about. We must re-examine\na hierarchical, punitive, and harsh criminal justice system to see if all the present\nprohibited forms of conduct ought still to be considered as crimes. In short we\nmust, as a group of professionals and with public support, begin a long review to\ndecriminalize our laws.\nIn the meantime we face the challenge of \"diversion programs,\" designed to\ndivert from the justice system those disputes that can be resolved fairly and properly by more appropriate methods.\nIn this ambivalent environment, on the one hand maintaining the integrity of\nan existing system and on the other hand redesigning a new and more appropriate\nmodel, we must all be prepared for frustrations, failures, and the taking of some\nrisks. That must not deter us from the tasks and difficult decisions that lie ahead.\n INTRODUCTION\nS 11\nNothing less than the foundation of our society\u00E2\u0080\u0094respect for law and the administration of justice\u00E2\u0080\u0094is at stake.\nThere is no doubt that the task has only begun. The effects of last year's\nrestrictions have been both demoralizing to staff and damaging to programs.\nNevertheless, I remain convinced that we have the structure, we have excellent\npeople, and with a renewed commitment from Government we will be able to\ncontinue to improve all justice services throughout the Province of British\nColumbia.\nThe work of each of the divisions of the Department is recorded in this\nAnnual Report. I hope the reader will find them interesting and informative. I\npartipularly would like to express once again my gratitude to all employees and\nmanagement who have worked so hard through a difficult period of our development. I am grateful to all of you.\n I. ADMINISTRATION\nOF\nJUSTICE\n ,,\"\"\nI\nM\"?**'.''*'\n ADMINISTRATION OF IUSTICE\nS 15\nPOLICE\nBRITISH COLUMBIA POLICE COMMISSION\nChairman: Dr. John Hogarth\nFor many years British Columbia has had the highest crime rate of any\nprovince in Canada. During 1975 the crime rate continued to increase, but at a\nlower rate than in previous years.\nCRIMINAL CODE OFFENCES & POPULATION 1971 -75\n%CHANGE OVER 1971\n \u00E2\u0096\u00A0\u00E2\u0080\u00A2) POPULATION\nUP 13%\nThe year under review saw the completion of major structural changes in\npolicing in this Province. The B.C. Police Commission and the B.C. Police College\nbecame fully operational, new police boards and police committees were established, the Co-ordinated Law Enforcement Unit dealing with organized crime was\nstrengthened, a Province-wide crime prevention program was set up, a new scheme\nfor handling internal discipline and citizen complaints about police was put in\nplace, and gains were made in police strength, support services, and equipment.\nWithin the framework of these structures, several new policing strategies were\ndeveloped which are beginning to have an impact on crime in the community.\nMajor efforts to deal with organized crime by both the RCMP and the CLEU have\nresulted 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\nduring 1975 that considerable gains could be made in police effectiveness by concentrating law enforcement strategies on selected high-priority targets, and by\nbuilding 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\nproductivity without either grossly enlarging police budgets or imposing impossible\nburdens upon the court and correctional systems. The management climate developing within policing and the positive relationships that are building between\nthe police and the community indicate that this challenge can be met.\n S 16 ATTORNEY-GENERAL\nA more detailed description of the work of the B.C. Police Commission is\ncontained in a report from the Commission, to be tabled in the Provincial Legislature as required by the Police Act.\nBRITISH COLUMBIA POLICE COLLEGE\nDirector: Gerald B. Kilcup\nThe British Columbia Police College officially assumed operational responsibility for municipal police training within the Province on March 17, 1975.\nEvents preceding this occasion encompassed a wide spectrum of research and\nplanning. Questions such as \"What should be the aim of a police education and\ntraining program for British Columbia?\" and \"What kind of peace officer should\nit produce?\" were addressed under the leadership of Dr. John Hogarth, Chairman\nof the B.C. Police Commission, by a task force composed of professional police\nofficers, academics, leaders within the justice system and the community. After\nmonths of intensive work it was agreed that three priorities could be identified.\nFirst, technical competence; second, a normalization of police education and training so that it complemented and was complemented by existing college and\nuniversity opportunities; and, third, that the new college would create an atmosphere in which recruit constables would be confirmed in beliefs in fairness and\njustice and would display a mature understanding of the attitudes and responses\nwhich would be encountered on the job, both their own and those of citizens.\nTo meet these objectives the British Columbia Police College established a\nthree-year training program for all new persons entering a career in the police\nservice. The program consists of the following:\nProgram\nBlock 1(10 weeks in the College). Concentration at this initial stage is on\nbasic police skills with an overview of and introduction to the roles of the police\nservice within a democratic society.\nBlock II (14 weeks in the field). This training period is a supervised street\nexperience with a trained field instructor. The objective is to provide exposure\nto practical policing in which recruit constables could test out their basic skill\ntraining assimilated from Block I and to familiarize them with the methods of\noperations in their respective departments. The 14-week period is broken down\ninto six to seven weeks of patrol experience with a trained field instructor, seven\nto eight weeks of rotation through the various branches and functions of the\nDepartment.\nBlock III (10 weeks in the College). While expanding on basic police skills,\nthere is concentration on human relations and the supervised simulations of practical field situations. During this block of training, emphasis is placed on the\nunderstanding and commitment to the fundamental values and assumptions of\nsocial control in a democratic society; a fair balance of effectiveness and leniency\nin the use of authority and police discipline; self-awareness of how one's role,\nvalues, attitudes, beliefs, appearance, behaviour, and demeanour affect the behaviour of all those with whom one comes into contact.\nDuring Blocks I, II, and III, courses in criminality, psychology, sociology,\nand political science are integrated into the program and are accredited at the\ncommunity college level.\n ADMINISTRATION OF JUSTICE\nS 17\nFollowing the basic 34-week program, recruits return to their respective departments for work assignments. During the following two years they will be\nrequired to\n1 complete a research project related to the police role in their respective communities;\n2 present book reports on reading assignments established by the\nCollege;\n3 return to the College for an additional 10 weeks of advanced junior\nconstable training prior to the completion of their three years of\nservice.\nThis final block of recruit training (Block IV) will concentrate on specific\nsituations which arise frequently in police work\u00E2\u0080\u0094specialized areas of investigation, community/zone policing, supervision, management, and leadership training.\nSpecific curriculum content is at present under development and will contain an\nexpanded normalization of education with other institutions. At the conclusion\nof three years of service and Block IV training the constables will then be eligible\nfor promotion to 1st class status.\nThis model is now in operation. It breaks down the distinction between\nclassroom learning and practical policing. It achieves a balanced mix of police\nskill training, academic education, and supervised practical field experience. It\nmeets the challenge given by the task force on police training. The contribution\nto the citizens of this Province by the College will be peace officers competent in\nskill and understanding and possessing attitudes consistent with the continued\ndevelopment of a professional police service within the Province. From a solid\nbeginning the objective now is to maintain a dynamic balance within the College\nat the \"interface\" between training and practice, thereby continuing as a catalyst\nfor positive growth, development, and change.\nCO-ORDINATED LAW ENFORCEMENT UNIT\nDirector: Dr. Malcolm Matheson\nThe Co-ordinated Law Enforcement Unit was developed because of a need\nfor a specialized task force which could wage a persistent attack on organized\ncriminal activity, such as narcotic trafficking, loansharking, \"white collar\" commercial crimes, major thefts, and vice. Crime has been increasing steadily in the\nProvince. Regular law enforcement agencies, with their wide range of responsibilities, found it difficult to place a concentrated effort on the more sophisticated,\nhigh-level criminal. ;\nOn April 1, 1974, CLEU came into being. A policy board was established\nto head up the organization and three divisions were set up under it. The first\ndivision, Joint Forces Operations (JFO), undertakes actual investigations of\ncriminal 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\norganized crime, examination of existing legislation to assess its efficiency, administrative duties, and arranging seminars and training courses for police, regulatory\nbodies, and others involved in the continuing fight against the criminal element.\n s 18 attorney-general\nJoint Forces Operation\nThe Joint Forces Operation (JFO), the investigative arm of CLEU, has experienced considerable success in the past year in disrupting the importation and\ndistribution of narcotics in British Columbia.\nThe total seizure of bulk heroin in British Columbia during the 12 months of\n1974 was 45.1 pounds. Between October 11, 1974, and November 20, 1975, a\ntotal of 85 pounds of bulk heroin had been confiscated in 13 major investigations.\nOf this amount, the JFO was involved in the seizure of 31.5 pounds, the rest by\nthe RCMP. The Canadian Customs Branch played a major role in many of the\ncases. Emphasis has been placed on heroin and cocaine trafficking, but these,\nby no means, monopolized the entire effort of JFO. Investigations into contract\nkillings, robberies, burglaries, and automobile frauds also resulted in apprehensions.\nOver 200 persons have been arrested and charged with serious criminal offences\nsince the inception of CLEU.\nThe JFO unit based in Vancouver is comprised of members of the RCMP\nand the Vancouver, Delta, New Westminster, West Vancouver, and Port Moody\nmunicipal forces.\nLast July, a second JFO unit was established in Victoria to pursue organized\ncriminal activity on Vancouver Island. The unit includes members of the RCMP\nand the Victoria, Saanich, Oak Bay, Esquimalt, and Central Saanich municipal\nforces.\nLegal Division\nNeil McDiarmid and the staffs of the Vancouver and Victoria Regional Crown\nCounsel offices are responsible for legal advice to investigators and prosecutions\narising out of the efforts of the two JFO units. This collaboration has resulted in\n11 conspiracy cases coming before the Courts.\nPolicy Analysis Division\nDuring the past year the Policy Analysis Division has pursued the promotion\nof co-operation and co-ordination among the various law enforcement agencies.\nTo this end, it has organized several seminars on aspects of major crime as well\nas providing the opportunity for law enforcement officers in the Pacific Northwest\nto discuss common problems. Subjects at these seminars included \"white collar\"\ncrime, insurance frauds, intelligence-sharing, the Privacy Act, criminal conspiracies,\nand the flow of money derived from criminal activities.\nRegular meetings have been set up with enforcement and regulatory agencies\nof the Federal, Provincial, and Municipal Governments. In addition, six courses\nto train intelligence analysts and their supervisors have been sponsored by CLEU.\nThe Evaluative Research Section of the Policy Analysis Division is responsible for the collection of data from specific areas of organized crime to provide\nlaw enforcement officers and the public with an overview of the organized crime\nproblem. The first tangible result of this section's work was the Initial Report on\nOrganized Crime in British Columbia, prepared in late 1974. The report dealt\nspecifically with the heroin trade, commercial crime, gambling, and thefts from sea\nand airports in the Province.\nThe Second Findings Report on Organized Crime in British Columbia, completed in November 1975, covered other aspects of organized crime not examined\nin the first report. Some of these were loansharking, arson, contract killing, theft,\n ADMINISTRATION OF IUSTICE\nS 19\nand prostitution. Illicit drug trafficking and commercial crime, because they are\nsuch extensive problems, were again treated in the Second Report, but with emphasis placed in different directions.\nThe report updated the heroin section of the Initial Report, but also gave a\ndetailed look at the illicit cocaine trade. The demand for cocaine in the drug\nsubculture has jumped drastically in the past five years, only 2 ounces were seized\nin all of Canada in 1970, but this jumped to 171 pounds by 1974, 39 of which\nwas confiscated in British Columbia. A kilogram of cocaine purchased in South\nAmerica for $5,000 will generate a $280,000 profit by the time it gets to the user.\nAt least 16 criminal organizations are involved in the cocaine distribution racket\nin Greater Vancouver, but the drug can be purchased in almost every community\nthroughout the Province. Equipment and paraphernalia used for capping and injecting heroin can be bought from legitimate retail stores, the report revealed, adding\nthat specialized paraphernalia for cocaine, hashish, and marijuana use can also be\nobtained by anyone from a large number of novelty stores in British Columbia.\nIn the section on racketeering, it was revealed that eight loansharking operations have been active in the Vancouver area between 1970 and the present time\nand suggested that a loansharking squad be established to battle this crime before\nit grows to the level plaguing large communities elsewhere in Canada and in the\nUnited States. Incendiary fires in British Columbia caused $14.4 million in property damage in 1974, the highest single Provincial total in Canada. Contract\nkillings, particularly those related to the drug-trafficking rackets, are at an all-time\nhigh. However, no evidence of labour racketeering was uncovered.\nThe report warned of the growing problem of so-called massage parlours\nwhich, in many cases, are no more than fronts for illicit sex. Prostitution is prevalent throughout the Province. Stock manipulation, bankruptcy frauds, and \"finder's\nfee\" swindles are also covered in the report.\nCLEU believes that effective action against organized criminal activity can\nonly be successful if the general public is aware of the problem. To this end, all\nmajor reports, such as the initial and second findings, are made public. A full-time\nPublic Information Officer also prepares news released on all CLEU activity.\nOne aspect of organization that CLEU has emphasized is that of evaluation.\nIt is important to know if the programs, which necessitate the expenditure of large\nsums of money, justify their cost, whether plans have been rationally thought\nthrough, and if the most effective of alternative strategies has been chosen. A goal\nmatrix has been drawn up and subgoals, objectives, and tasks worked out. By\nsetting goals for each section of CLEU and then making careful measurement of\ntheir activities, it should be possible to ascertain whether or not the organization is\nperforming to its maximum.\n \\n ADMINISTRATION OF IUSTICE\nS 21\nLEGAL SERVICES COMMISSION\nChairman: Don Jabour\nThe Delivery of Legal Services Project was established by the Justice Development Commission on May 1, 1974. Its terms of reference included improving the\ndelivery of legal services to disadvantaged people in the Province. During the fall\nof 1974 the project staff travelled to various communities in British Columbia.\nConclusions of the Task Force can be found in the First Interim Report. Five\nstrategies for delivering legal services were suggested, and one strategy, emphasizing\nlocal community solutions with a central administrative body controlling funding,\nwas implemented in August of 1975 when the Legal Services Commission Act was\nproclaimed. The Act empowers the Commission to ensure that legal services are\nprovided to and readily obtainable by all the population of British Columbia.\nSpecial assistance is to be given where legal services are at present unavailable\nbecause of economic disability or geographic isolation.\nThere are five Commissioners, three lawyers, and two laymen who direct this\nresearch, 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\nencourage community participation in the direction of legal services delivery and\nconcern itself with the development of high standards of legal service. As a funding\nbody, the Legal Services Commission will administer Provincial and Federal funds\navailable for legal services.\nObjectives\nThe immediate objectives of the Commission are to\n1 improve the quality of legal services in British Columbia;\n2 ensure the proper defence of all criminal charges;\n3 provide means so all those in need have access to the machinery of\nthe law;\n4 promote preventive legal services;\n5 encourage community involvement in the planning of legal services;\n6 explore alternatives in resolving disputes;\n7 increase public awareness of the law and the legal system;\n8 initiate and encourage research and experimental programs;\n9 explore alternatives in legal delivery;\n10 train all personnel involved in providing legal services;\n11 finance and promote assistance in conflicts with administrative\nbodies and tribunals;\n12 encourage procedural reform to improve efficiency in legal services\nwithout the loss of individual rights;\n13 evaluate all present and proposed delivery methods;\n14 support test cases and class actions concerning legal and social\nrights;\n15 increase public access to legal information; and\n16 improve the calibre of that information.\n S 22 ATTORNEY-GENERAL\nTo accomplish these objectives, various agencies such as the Legal Aid Society of\nBritish Columbia and the Vancouver Community Legal Assistance Society are\nfunded by the Commission to undertake their various programs.\nActivities in 1975 include:\nLegal Aid Society of British Columbia\nThe Legal Aid Society of British Columbia is a private society incorporated\nunder the Societies Act in 1970 \"to administer throughout the Province of British\nColumbia a program of legal aid to persons unable to afford legal services.\"\nIn criminal matters, legal aid is available to anyone who is financially eligible\nand is charged under the Criminal Code, the Narcotic Control Act, the Food and\nDrug 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\nperson will receive a prison sentence or lose his livelihood.\nIn addition, criminal legal aid is available for proceedings under the Juvenile\nDelinquents Act, the Extradition Act, and the Fugitive Offenders Act.\nMore 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\nspecific lawyer, an effort will be made to have that lawyer appointed if available.\nIn family law matters, such as divorce, custody disputes, annulments, and\nmaintenance actions, cases are referred to members of the private Bar, when applicants meet the financial eligibility criteria. Lawyers who accept both criminal and\nfamily law cases from Legal Aid are paid on the basis of a tariff established by the\nProvincial Government.\nIn all other civil cases, there is no tariff available to pay lawyers for their\nservices. The society has attempted to make legal advice and counsel available to\napplicants by encouraging private lawyers to accept such cases on the basis that\nthey are reimbursed for any out-of-pocket expenses, but that their time is donated.\nIt is also opening up Legal Aid offices throughout the Province, staffed by fully\nqualified lawyers who attempt to resolve as many such cases as possible.\nThe society is funded by three agencies\u00E2\u0080\u0094the Federal Department of Justice,\nthe Law Foundation of British Columbia, and the Provincial Government through\nthe Legal Services Commission. For full details of the society's activities, see their\nannual report.\nCommunity Legal Information Centres\nThere are at present 11 Community Legal Information Centres in British\nColumbia that function with the assistance of the Commission. These storefront\noffices serve economically disadvantaged persons in the Province. Past experience\nhas demonstrated that lower income persons are geographically and, perhaps more\nimportant psychologically, isolated from the majority of lawyers.\nThere are many different aspects of the Community Legal Information Centre.\nPart of its work is directed at solving individual legal problems, part looking at\npublic legal education, and part directed toward test-case litigation. Although each\ncentre has its own character, the over-all emphasis is on civil matters rather than\ncriminal, the most common problem areas being matrimonial, landlord and tenant,\nconsumer, and administrative law.\nBecause of British Columbia's immense area, each region required specialized\nlegal services. The needs of a distant rural area may be quite different than the\nneeds of major cities. The Community Law Centres will combine quality delivery\nof legal services with legitimate community roots. Each centre is directed locally\nby a board of lawyers and laymen who plan the programs in conjunction with the\nJ\n ADMINISTRATION OF JUSTICE\nS 23\nstaff. Because a contract for funding demands an evaluation of each project, the\ncentres will become agents of change, experimentation, and improvement for the\nfuture.\nThe Legal Services Commission has funded various types of community groups\nto deliver legal services in several ways:\n1 The Smithers Community Law Centre Society.\n2 The Maple Ridge/Pitt Meadows Communty Services Council.\n3 The Williams Lake Human Rights and Civil Liberties Association.\n4 Quesnel Civil Liberties and Human Rights Association.\n5 British Columbia Civil Liberties Association in Vancouver.\nThese groups employ lawyers on a monthly retainer basis to supply legal supervision. The centres are involved in handling individual legal problems as well as\nreferring cases to the Legal Aid Society, the Department of Consumer Services,\nand the Rentalsman.\nCommunity Law Offices\nDiffering slightly from Information Centres are the Community Law Offices.\nOne example is the Vancouver Community Legal Assistance Society. Here, lawyers\nare full-time staff members and their Board of Directors is composed of laymen\nand lawyers. They offer consultative services to local groups like day-care centres.\nIn 1975, VCLAS supervised 12 law student clinics in Vancouver. It often handles\ntest cases in the civil law field and deals with the legal problems of mental patients.\nThe society has published brochures, papers, and reports for the public on welfare,\nincorporation of a society, mortgages, and have a continuing education program.\nNanaimo and Abbotsford: With a slightly different orientation but still in the\nsame general pattern are the offices of AID (Association for Intervention and Development) in Nanaimo, and the Matsqui-Sumas-Abbotsford Community Services\nSociety in Abbotsford. These community-oriented agencies have staff lawyers and\nother members who concern themselves with community and individual problems.\nTraining and Education\nThe Training and Education Group has been developing and preparing training programs that focus on legal service counsellors.\nThe aims of each program are\n1 to establish a uniformity of training and education programs for\ncounsellors, particularly in Community Law Offices and Legal Information Centres;\n2 to provide an equal base of legal information for the public in all\nareas of the Province;\n3 to ensure quality as well as enhance the credibility of services\nprovided by the counsellors.\nThe continuing training program consists of three two-week periods of training\nand development, with a month of practice in the field; one three-day conference;\nand two two-day follow-up workshops.\nThe program has also been used with a group of legal service counsellors\nattached to a Native Legal Information Office and librarians from Merritt. It made\nuse of the resources available in the local area and from Vancouver.\nNative Programs\nA priority of the Commission is to assist in the development of programs to\ndeliver legal services to the Native community in British Columbia.\n S 24 ATTORNEY-GENERAL\nTo date, the Native Courtworkers and Counselling Association has been\nproviding 31 courtworkers to cover all of the Provincial courts. Unfortunately,\nthe Provincial court system is too vast to be adequately handled by these court-\nworkers. Their efforts had to be concentrated in the busier centres. Attempts were\nmade, however, to service remote areas as well.\nThere are plans to open Native Community Law Offices in the Queen Charlotte\nIslands and in Merritt. It is hoped that other areas of the Province with a high\nconcentration of Native people will be serviced by offices in the future. In the\ncoming year, the Commission plans to place legal services counsellors in Native\nFriendship Centres that are located in various communities in the Province.\nA Native Legal Phone Line was established in the summer of 1975 to offer\ntoll-free advice to people phoning in from anywhere in British Columbia. Use of\nthis phone line has grown steadily since its inception, with inquiries mainly about\ncustody, landlord and tenant, matrimonial, and land claims.\nPublic Legal Education\nThis division of the Commission has four main objectives. The first is to act\nas a funding body for existing community groups who are involved in education\nprograms (e.g., Interior Legal Awareness Society in Kamloops, Vancouver People's\nLaw School, and Co-op Radio). The second is to develop and support ethnic\neducation 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.\nAnother objective is to prepare packages of educational material for the various\nCommunity and Legal Aid Offices throughout the Province. A feature is short\nradio spots on various aspects of the law which can be heard on local stations.\nThese spots conclude by referring the listener to Legal Aid or a local Community\nLaw Office. Finally, this unit also prepares written materials on the law for the\nlayman. For example, a Vancouver Sun column on the law is being prepared and\na handbook entitled Wills, Estates and Government Benefits has been released.\nPublic Schools Legal Education Project\nThe purpose of this project is to expand the quantity and quality of legal\neducation in the public schools from Kindergarten to Grade XII. In order to\nachieve this purpose, the project has established three major goals\u00E2\u0080\u0094the development of curriculum projects and activities with students and teachers at the classroom level, the professional growth of teachers, and the development of public\nsupport from the educational and legal communities. A number of classroom-\nbased curriculum projects on legal education have been initiated in schools in\nSurrey, West Vancouver, Bumaby, and Richmond, and in the summer of 1976 a\nsecond course for teachers of law will be offered at the University of Victoria.\nStudent conferences, a Court-watching program, and teacher in-service workshops\nhave been implemented, and teachers are kept aware of the progress and services\nof the project through a regular newsletter.\nLegal Information Services\nThis service of the Commission has the responsibility of improving access to\nlegal information and increasing public awareness of the law and the legal system\nthrough improved legal materials and availability of legal information in libraries,\n ADMINISTRATION OF JUSTICE\nS 25\ninformation centres, schools, and other agencies. The Commission has undertaken\na cost-sharing program to encourage public libraries to purchase legal materials\nand make them available to the public. Four library systems, Cariboo/Thompson\nNicola Library, Fraser Valley Regional Library, Okanagan Regional Library, and\nVancouver Island Regional Library, as well as one municipal library, New Westminster Public Library, are participating. In co-operation with the Law Society\nlibraries of British Columbia, and using public libraries as the outlet, Legal Information Services has begun to improve public access to legal information. One\nco-operative law librarian position has been established, with others soon to be\nhired. To ensure that trained personnel will be assisting the public in using these\nmaterials, Legal Information Services has stimulated the development of legal\nbibliography and reference courses for librarians, and has encouraged libraries to\nbegin public awareness programs. In all, one legal bibliography course and seven\nworkshops have been held around the Province. A sample collection of popular\nlegal material has been established in the Commission Library to assist librarians\nand community legal service counsellors in purchasing useful collections.\nThis 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\nbeing done in this field is the consolidation of the British Columbia Regulations\non microfiche. Another is a series of bibliographies of law for non-law libraries\navailable from the Commission.\nPurchasing and cataloguing materials answering and referring questions for\nthe Attorney-General's libraries has also been the responsibility of Legal Information Services. A computerized union catalogue of all the libraries in the Attorney-\nGeneral's Department is being prepared. This year, Legal Information Services\nhas supplied books to Provincial Court Judges and set up Judges Chambers collections across the Province. With the creation of the Law Library Foundation in\nDecember, this responsibility was transferred to the new foundation, also set up\nwith the co-operation of the Commission.\n ADMINISTRATION OF JUSTICE S 27\nCOURTS\nCOURT SERVICES\nDirector of Court Services: John Brewin\nThe year 1975 continued reorganization and revitalization of the courts in\nBritish Columbia. During the past two years the Attorney-General's Department\nhas assumed full responsibility for the administration and management of all\ncourts within the jurisdiction of the Province. The objective has been to establish\na uniform level of service to the public irrespective of location, type, or level\nof court.\nMany of the advances made in 1975 have resulted from the expansion and\ndevelopment of ideas already partly implemented in the previous year.\nThe three main operational branches of the Courts Division\u00E2\u0080\u0094court administration, court reporting, and the sheriffs\u00E2\u0080\u0094are now fully regionalized in structure\nthroughout all nine justice regions of the Province. One of the results of this\nprocess will be a growing realization among courts personnel that they are each a\npart of a local courts system with mutual concerns and interests which must be\nworked on together, not solely employees of isolated line organizations.\nThis development occurring in the regions has been mirrored at the Provincial\nlevel, where a new courts management group has been established, consisting of\nsenior personnel from court administration, court reporting, sheriffs, and courts\nplanning 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\nextend the management systems now being used in each of the different areas of\nresponsibility within the courts.\nUltimately, of course, the most important goal of all courts management staff\nis to decrease and eventually eliminate unacceptable trial delay. In the past year,\nmany techniques, procedures, and administrative reforms were developed that will\nbe invaluable to the acceleration of all aspects of the court management process.\nSome progress has already been made. In the Vancouver Provincial Court,\nfor example, the backlog of criminal cases has dropped from 5,632 in July 1975\nto 3,817 cases at the year-end. While this has partly been due to an increase in the\nnumber of courtrooms in session on a daily basis (from 23 to 29), the procedural\nreforms also are having increasing effect.\nIn Supreme and County Court civil trials, too, waiting-time has been cut\ndown. Cases which used to take 15 months to come to trial in 1974 now are begun\nin six to eight months. Most civil trials in County Court are under way in four or\nfive months. Emergency cases can be handled more urgently still.\nIn short, it is felt that, if all the lessons learned during 1975 receive widespread\nimplementation across the Province in 1976, the real reduction in trial delay\nalready in evidence since the middle of 1975 will be confirmed and extended.\nADMINISTRATION\nChief Administrator: Judge Perry Millar\nThe year 1975 witnessed historic changes in court administration in British\nColumbia.\nOn April 1 the administration of 36 Supreme, County, and Small Claims\nRegistries were transferred from the Department of Finance to the Court Adminis-\n S 28 ATTORNEY-GENERAL\ntration system of the Attorney-General's Department. This large undertaking was\npreceded by months of detailed planning, as well as training. As of August 1,\nCourt Administration also assumed responsibility for Unified Family Court staff in\nSouth Fraser, where three pilot projects were being operated.\nThese acquisitions completed the total unification of court administration in\nthe Province under the Attorney-General's Department, which was initiated on\nApril 1 of the previous year with the assumption of administrative responsibility for\n44 Provincial Courts previously operated by municipalities. This unification was a\nnecessary first step in a vast program to standardize administrative forms, procedures, and practices, improve internal accounting systems, develop management\ninformation systems for operations and planning purposes, introduce programmed\nbudgeting and fiscal controls, standardize personnel policies and practices, and\nintroduce intensive training programs for staff at all levels.\nPrograms\nA number of programs were undertaken to implement the above.\nStaff training\u00E2\u0080\u0094Training is being held at present for each of four different\nclasses of employees. For example, some 85 court clerks already have completed\na two-week course on Provincial Court Administration conducted at the British\nColumbia Institute of Technology. Also, the Registrars from 35 Supreme and\nCounty Court Registries received refresher training when they attended a one-week\nseminar on registry administration, held in March. For both of these courses,\ntraining manuals in use were updated and revised.\nOctober and December saw the first two of a series of week-long seminars\ndesigned for senior court administrators; the seminars covered personnel and court\nadministrative management.\nFinally, court administration consultants and experts assisted in a series of five\ntraining seminars for Justices of the Peace; 204 out of a total 240 JP's in the Province attended these two-week courses.\nBudget and fiscal controls\u00E2\u0080\u0094Regional administrators prepared detailed line\nbudgets for the Director of Finance. An encumbered budgeting program was also\nput into force. These initial exercises in budgeting are a prelude to reform and\nupgrading of all internal accounting systems in the courts throughout the Province\nin 1976. Fiscal controls are gradually being refined and enforced through such\naccounting and budgetary discipline.\nProject 800\u00E2\u0080\u0094Major overhaul of the Supreme/County Court Registry at 800\nWest Georgia Street, Vancouver (25 courtrooms) was undertaken pursuant to a\nreport submitted by Woods Gordon and Co. Reforms include the elimination of\ncause books, adoption of a case record card system and trial diary, and microfilming, as well as computer-generated indexes, weekly trial lists, and monthly\nstatistical reports. This is one of the first administrative projects in the court system\nwhich applied a combination of legal, management, and administrative skills to the\nproblem of operating a major court registry. One of the most significant highlights\nto be evident so far is that the program will have more than fully paid for itself\nwithin two years of its completion.\nProject 222\u00E2\u0080\u0094Similarly, management information systems improvements were\nplanned with respect to the Provincial Criminal Court at 222 Main Street, Vancouver (16 courtrooms).\n ADMINISTRATION OF JUSTICE S 29\nTraffic court project\u00E2\u0080\u0094Since May 1975 a Traffic Court Diversion program has\nbeen operating in the Provincial Court Building at 475 Main Street in Vancouver.\nAs the traditional criminal court has long been considered inappropriate in\ndealing with the traffic offender, this program in offering a completely different\napproach to the problem has achieved considerable success.\nThe formal, costly trial has been replaced in this experiment by an informal,\ninexpensive traffic offence tribunal. Gone, in most cases, are the prosecution and\ndefence lawyers, the witnesses and court reporters. Instead of being confronted by\nthe usual Bench and Bar, the accused citizen finds a Justice of the Peace and a\nsheriff, acting as an aide, both sitting at a simple table at floor level. In this way\nthe process is \"decentralized\" and simplified.\nThe 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\ncompulsory 10 a.m. scheduling for all. This substantially cuts down waiting-time,\nreduces the demand for Night Traffic Court, and all but eliminates costly overtime\nappearances by police witnesses.\nAs a large number of participants are no longer required, almost continuous\nsitting on the part of the courts is possible and delay in bringing the cases to resolution is virtually non-existent.\nFor these reasons, the traffic \"tribunal\" procedure, now restricted to certain\ntypes of cases under the Motor-vehicle Act and the Street and Traffic By-law in the\nVancouver courts, may receive wider application to other cases and other justice\nregions in British Columbia.\nNew court list\u00E2\u0080\u0094A redesigned court list has been put into use in approximately\n80 Provincial Court (Criminal Division) registries which captures approximately\n95 per cent of all criminal cases. Data entered on this court list will generate\napproximately 80 per cent of all information required for operations and planning\nin the Provincial criminal courts.\nRecord of proceedings\u00E2\u0080\u0094A Record of Proceedings was developed to provide\na standard permanent record of proceedings in all criminal courts. It also serves\nas a report required by Statistics Canada, and a disposition form for police records.\nThis form was introduced in the Burnaby and Surrey Provincial Courts as a pilot\nproject, and will ultimately be extended throughout the Province.\nSmall Claims Court\u00E2\u0080\u0094On November 10, 28 Registrars were appointed to\nSmall Claims Courts under the revised Small Claims Act. The revised training\nmanual has been distributed to all Small Claims Registries throughout the Province,\nwhich number approximately 90. In addition, a Credit Referee pilot project was\ninstituted at the Small Claims Court in Vancouver in the summer of 1975. This\nsystem has now been implemented in four centres throughout the Province in\nRegions 1 and 9. It will be extended to some 10 centres in 1976.\nWitness management\u00E2\u0080\u0094A pilot Witness Management project was established\nat the Provincial Court (Criminal Division) in Victoria, designed to improve the\nflow 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\ncases which are adjourned on the one hand and the number of trials which are\nadjourned for lack of witnesses on the other hand. This program was transferred\nto the Provincial sheriffs in December of 1975 in the expectation that more available manpower could be provided to support this program.\n : ::\n:1 r^M^^k\nin i\n//\nEar/.\n| , -j / -.^;\n1\niff\t\n^ '\u00E2\u0080\u009E-' - ''.\"'i , \u00E2\u0080\u00A2'\u00E2\u0080\u00A2 \u00E2\u0080\u00A2 ^... \\n ADMINISTRATION OF JUSTICE S 31\nRegional meetings\u00E2\u0080\u0094Regular meetings were initiated among court administrators, sheriffs, court reporters, and Crown counsel to co-ordinate operations and\nreach solutions to common problems in the nine administrative regions of the\nProvince.\nIn general, significant gains have been achieved. Within the limits imposed by\nbudgetary restrictions on the hiring or replacement of staff, existing personnel have\nmade the maximum efforts possible in improving the efficiency of service to the\njudiciary, the bar, and the public, and in maintaining their own morale.\nCOURT REPORTERS\nThe Court Reporting Service faced another year of increasing case load\nduring 1975.\nCurrently, 69 employees specializing in stenotype, 45 in pen shorthand, and 57\nin electronic recording are responsible for reporting and recording trials and taking\nexaminations for discovery throughout all nine justice regions of the Province.\nThe Court Reporting staff are organized in such a way as to make maximum\nuse of the personnel available. Rather than having one reported for each Judge,\nas is the case in some other jurisdictions, in British Columbia a panel of court\nreporters and recorders is provided. Most are available to work in any courtroom\nfor any court division throughout the Province.\nIn order to fill present gaps in staffing, a course was begun at Vancouver\nCommunity College in January 1975. Twenty months in length, this full-time,\nintensive course for court reporters will produce a class of highly trained, skilled\ngraduates.\nIn the interim, a task force has been established to examine all management\nprocedures, technical facilities, training programs, and the relationship of the\nCourt Reporting operation to other parts of the court system.\nThe hours of court sittings are extended as courtrooms are added and case\nloads rise. Very great pressure is being placed on the Court Reporting system; in\nfact, it is in many respects the most vulnerable point in the whole system and one\nwhich needs urgent attention.\nSHERIFF SERVICES\nDirector: Gerry R. Engel\nDuties\nDuties performed by Sheriff Services fall within three categories:\n1 Court Support Duties\nJury panels\u00E2\u0080\u0094Summons, control, security, and administration (over 12,000\npotential jurors summoned in Vancouver, 1975).\nWitnesses\u00E2\u0080\u0094Location and notification by subpoena or telephone. (Sheriff Services served 1,700 subpoenas during the month of August 1975, for example.)\nArrangements for out-of-town travel and accommodation.\nCourt security\u00E2\u0080\u0094Protection of judges, witnesses, the accused, and the public.\nCourt arrests.\n2 Escort Duties\nCustody of accused\u00E2\u0080\u0094Lockup to court, court to remand centre, court to penitentiary or correctional institute. Location and return of wanted persons from\n S 32 ATTORNEY-GENERAL\noutside Province. Escorting of in-custody mental patients. Guarding of accused\nhospital patients. (Sheriff Services escorted 6,681 persons in custody during April\n1975, 7,288 persons in June.)\n3 Execution and Service of Orders\nCivil causes\u00E2\u0080\u0094Suitors process, writs and warrants of execution (7,963 documents served in July 1975).\nCriminal causes\u00E2\u0080\u0094Summonses and subpoenas (8,656 documents handled during\nJuly 1975).\nAssistance to Motor-vehicle Branch\u00E2\u0080\u0094Service of Suspension Notices.\nIn all regions of the Province the Supreme and County Court staffing by\nSheriff Services has been completed and the civil causes role now is being fully\nperformed.\nHowever, the handling of motor-vehicle plates and drivers' licence suspensions is being assumed in various degrees in different locations throughout the\nProvince. Not all Provincial Court staffing in all regions has been shifted finally\nfrom police to sheriff personnel. These duties are being fulfilled where sufficient\nstaff is available.\nExtensive studies have been made to use existing manpower to the maximum.\nOne result has been the establishment of a centralized document service centre in\nVancouver (combined criminal, civil, and Motor-vehicle Branch documents).\nTraining\nA six and a half week course for the basic training of deputy sheriffs is held\nat BCIT. The subjects taught in the program include:\nCivil documents\u00E2\u0080\u0094Procedure and execution of all documents as a result of\nCivil Court action.\nCriminal law\u00E2\u0080\u0094Evidence and emphasis on sections of the Criminal Code, and\nother Statutes, pertaining to peace officers.\nCourt duties\u00E2\u0080\u0094Instruction includes duties in Supreme Court, Provincial Court,\nSmall Debts Court, Family Court, Coroner's Court.\nInterpersonal relations\u00E2\u0080\u0094Instruction includes the concept of personality, defence mechanisms, frustrations, deviant behaviour, communications and listening,\nand public relations.\nSmall arms training\u00E2\u0080\u0094The use and care of weapons.\nDefensive tactics\u00E2\u0080\u0094Instruction designed to develop D/S ability to defend\noneself and others without weapons.\nEscort procedures\u00E2\u0080\u0094Instruction includes security procedures, use of restraints,\ntransport methods, and legal documents required.\nFirst aid\u00E2\u0080\u0094Certificate course conducted by St. John Ambulance.\nDefensive driving\u00E2\u0080\u0094Classroom instruction on Canada Safety Council course.\nTo date, the training program has graduated a total of 307 deputy sheriffs from\nbasic training (271 men, 36 women).\nCOURTS PLANNING GROUP\nDirector: Fran Prevost\nThe objectives for the Courts Planning Group include\n1 identifying the case loads in the courts in British Columbia and the\npopulation served by each court;\n ADMINISTRATION OF JUSTICE S 33\n2 developing socio-economic data as part of a planning base;\n3 reviewing resource employment in the courts;\n4 reviewing the relationship of the other justice services to the courts;\n5 assessing the function of the courts;\n6 relating the development of the court services to other justice and\nsocial services.\nRegional Profiles\nWhen the Courts Planning Group was first organized in 1974 there was no\naccurate information available on the area or population served by any court, nor\nany projections for their future development. Since then the Planning Group has\ncompiled an inventory of all communities by justice regions, tracing their growth\nor decline from 1961 to 1974. Court service areas were defined and projections\nof their future growth or decline extrapolated from the work of the B.C. Research\nCouncil, regional districts, municipalities, and the Department of Economic Development. A detailed demographic picture of justice regions in respect of age, sex,\neducation, income, employment, etc., was derived from census information.\nTo plan future court services properly, it was necessary to understand the\nunique resources and economic base of each area and its potential for expansion,\nparticularly when it might result in significant changes in employment, transportation, etc. Close contact was therefore established with the Deputy Ministers and\nkey personnel in all Government departments dealing with natural resources, manufacturing, labour, transportation, and municipal affairs. Various business journals\nwere monitored to supplement the information base. The material gathered was\nthen summarized into profiles on each justice region describing the resources, history, economic development and potential, transportation systems, population\nsettlement, and projected growth. The profiles were further summarized for widespread publication, highlighting key demographic and economic characteristics\nwhich could affect future demand for justice services. This summary report was\nplaced on permanent computer file so that it could be readily updated in the future,\nand be available for other types of analysis. The information obtained is being\nincorporated into a planning base for court services.\nCase Loads in the Courts\nAs 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\npurposes of the information-system are to provide assistance in\n1 allocating court resources, both staff and facilities;\n2 tracking cases through the court; that is, determining at any point\nin time which phase of the process a particular case has reached; and\n3 trial scheduling.\nThe data base for the information system was established by designing a\nuniform trial list to be used throughout the Province. With this list it is possible to\nidentify the case, the reason for its appearance in court, and the staff resources\nemployed in the courtroom for each case. How cases are terminated can also be\nascertained from the trial list.\nManagement Information Systems\nAlong with the work which is being done to improve management procedures\nand structures within the court services, the Courts Planning Group is assisting\nin developing management information systems within each sector of the services,\n S 34 ATTORNEY-GENERAL\nincluding court administration, sheriffs, and court reporters. The work is being\nco-ordinated with efforts being undertaken by the Crown Counsels' office as well\nas the Department of Justice, Prosecutor's Office. The principal objective of this\nwork is to develop information systems which record in detail the expenditures by\neach service in each area of the court\u00E2\u0080\u0094Provincial, County, Supreme and Court of\nAppeal, Criminal, Family, and Civil.\nAlternatives to the Courts\nOver the last two years the Province has become responsible for all of the\nProvincial Courts, and has improved its services. All cases are now being heard\nby legally trained Judges and the policy of the Department is to provide in each\ntrial court the services of court clerks, court reporters, sheriffs, Crown counsel,\nand, as far as possible, everyone appearing on criminal charges will be defended\nby a lawyer.\nWhat has been replaced is the small court where cases were presided over by\nlay Justices of the Peace and no other services were provided. At the present time\nfully professional trial courts are hearing cases which might be more effectively and\nefficiently heard in other forms or dealt with through other procedures, for example,\nminor traffic cases, minor municipal by-law infractions, and many of the matters\nwhich come to court by way of the Summary Convictions Act.\nTwo new projects are being undertaken by the Courts Planning Group in\nconjunction with other elements of the Department. In part, both of these projects\ncontinue work previously under way; however, the scope of study has been enlarged\nin 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\nof the Justice of the Peace into an expanded role as a quasi-judicial mediator in\nthe area of small claims, summary offence, family and debt counselling.\nSmall Claims Project\nThe Small Claims project was established to develop and evaluate different\nmethods of reducing procedural problems and minimizing delay so that the level\nof court service to the public would be improved. It operated in conjunction with\nthe Provincial Court Judges, Court Administration, and Debtors Assistance. A\nspecially designed experimental project was in full-time operation from May 5 to\nAugust 30, 1975, in offices located at the Small Claims Courthouse in Vancouver.\nDuring the summer the project examined the use of \"mediators,\" \"procedural\nassistants,\" and a Legal Advice Clinic as part of a package of services offered to\nsmall claims litigants.\nThe preliminary findings emphasize that although the \"debt collection\" aspect\nof small claims may dominate the case load, the court also serves as a \"people's\ncourt,\" and the unsophisticated litigant must be taken into account in planning for\nthe court.\nCourt Referee\nIn an attempt to reduce delay in the Small Claims Court and to handle the\nspecial problems created by debt-related cases, the project staff set up the Office\nof 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.\nWorking in close conjunction with the Chief Judge of the Provincial Court, the\nChief Court Referee has two goals:\n ADMINISTRATION OF JUSTICE\nS 35\n1 To provide the judgment creditor with a more efficient means by\nwhich he may be repaid:\n2 To aid the judgment debtor in providing a reasonable method by\nwhich he can resolve his court-related debt problems.\nThe Court Referee system is modelled oil a similar system which has been\noperating in Toronto for the past 15 years. The basic objective is to relieve the\ncourt of some of the administrative/quasi-judicial functions which at present require\nan inordinate amount of the Judge's time. The number of debt cases has increased\nsubstantially in the last 10 years, and the provision of an alternative method for\nresolving these cases will enable Judges to spend more time with those cases which\nproperly require their legal training.\nIn November 1975, four offices of the Court Referee were established at Kam-\nloops, Terrace, Campbell River, and Vancouver. These court officers are presently\nhandling all referrals of debt cases from the Provincial Court in their area and are\nalso 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\ncourt registry, Judges, or any social service agency.\n ADMINISTRATION OF JUSTICE\nS 37\nCORRECTIONS BRANCH\nActing Deputy Minister: John Ekstedt\nIn April of 1974 the Attorney-General of British Columbia announced a\ndetailed plan of over-all policy and programs for the Corrections Branch. This\nstatement included a time-table of implementing a philosophy of corrections and\nbecame known as the \"Five-year Plan.\"\nFive-year Plan\nThe plan, now in its second year of implementation, included a confirmation\nof a long-standing commitment to the dissolution of large, ineffective and outdated correctional centres, adult remand centres, and juvenile detention homes.\nIt called for the development and utilization of a wide range of community-based\nprograms as alternatives to incarceration, reflecting the sentencing trends of the\nCourts toward more probation supervision, and short periods of incarceration.\nWhere some form of custody arrangement is required for dangerous or predatory\noffenders, institutions were to be small and fully secure. The increased involvement of the Branch in the areas of prevention and diversion with both juveniles\nand adults was sanctioned and encouraged.\nThe plan was premised on historical experience that not all those who break\nthe law are alike and it is ineffective to treat them as if they were. The community\nmust 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\nthe opportunity to pay their debts to society in a meaningful way.\nThe implementation of the plan has been highlighted in the past year in the\nfollowing areas:\n\u00E2\u0080\u00A2 Phase-out of Haney Correctional Centre.\n\u00E2\u0080\u00A2 Phase-out of the sentenced population at the Vancouver Island Regional\nCorrectional Centre, with that unit now being utilized as a remand classification unit only.\n\u00E2\u0080\u00A2 Reopening of Chilliwack Security Unit.\n\u00E2\u0080\u00A2 Opening of Jordan River Forestry Camp on Vancouver Island.\n\u00E2\u0080\u00A2 Expansion in the use of temporary absences, particularly for work releases.\n\u00E2\u0080\u00A2 The opening of another three community correctional centres, bringing\nthe total to six, with the utilization of nine community residential centres\nthroughout the Province.\n\u00E2\u0080\u00A2 The implementation of the Community Service Order program in nine\npilot project locations and the subsequent expansion of the project to 30\nlocations throughout the Province.\n\u00E2\u0080\u00A2 The expansion of Impaired Drivers' Courses from six courses in six locations to 33 courses in 27 locations throughout the Province.\n\u00E2\u0080\u00A2 The continuation of the Bail Supervision project in Vancouver with the\nmore recent expansion to Victoria and Surrey.\nIn addition to streamlining the Branch's own Correctional resources, as a\nresult of the initiative of the Attorney-General, bilateral talks with the Federal\nGovernment are being undertaken in order to reduce the duplication, overlapping,\nlack of communication, inefficiency, ineffectiveness, and lack of rational basis\n S 38 ATTORNEY-GENERAL\ncharacterizing the two separate systems of Corrections in this Province. A Federal-\nProvincial Task Force on Corrections in British Columbia has been established to\nexamine alternatives to a system competing for resources, developing and still\nexpanding side-by-side a broad range of alternative correctional responses for those\npersons convicted and sentenced by the courts.\nOrganization of the Branch\nSince 1973 the Branch has consisted of three major divisions, with Inspection\nand Standards providing a fourth unit with a very specialized function. The three\ndivisions are Community Services Division (Probation), Institutional Services Division, and Planning and Development Division.\n1. Community Services Division\nThis division now employs 364 probation personnel in over 70 locations\nthroughout the Province. Probation officers continue to undertake a variety of\nresource development roles in addition to their regular responsibilities to the\ncourts\u00E2\u0080\u0094preparing pre-court and pre-sentence reports, supervising probationers,\nmonitoring maintenance orders, and performing Family Relations Act work. The\ndevelopment of Impaired Drivers' Courses, attendance centres, community service\nprojects, and the success of such projects is directly attributed to the work of Probation Officers in the local communities.\nManagement by Objectives\nThis past year has seen the continued incorporation of the principles of Management by Objectives and, for the first time, the establishment of a Provincial\nOperational Plan to include objectives, responsibilities of personnel, and implementation procedures. Case management rather than supervision has become the\nfocus in the carrying-out of responsibilities by the Division. Two major programs\nimplementing the concept of case management have seen major expansion in this\npast calendar year.\nCommunity Service Order Program\nThe Community Service Order program is one by which the convicted person\nrenders some form of direct or indirect service to his community or his victim. It\nhas been found an effective method of involving the offender with his community,\ncompensating the community, and a benefit to the offender. Under the supervision of a community service officer, an individual whose sole responsibilities are\nto implement and supervise such a program, the following statistics are available,\nfrom its inception from late 1974 to the end of 1975: 601 persons have completed\na service assignment with a 98.4 per cent rate of success. Hours of work totalling\n16,025 have been rendered, with 83 per cent providing service to the community\nand 17 per cent service to victims.\nThe potential cost benefit of the Community Service Order program to the\ncommunity has not been fully examined. However, the latest indications are that\nthere is a clear economic return to the community. For example, Cultus Lake\nPark has received severe damage over a period of several months. During that\ntime, 94 people have been involved in rectifying the damage. Most offenders\ninvolved in community service do so as a condition of probation.\n ADMINISTRATION OF JUSTICE S 39\nImpaired Drivers' Course\nDrinking and driving is one of the most frequent crimes in British Columbia.\nThe Impaired Drivers' Course now in many locations throughout the Province has\nbeen the result of a major effort on the part of probation officers, other justice\nsystem personnel, interested agencies, and concerned citizens. The program is\ndesigned as an informative educational program for convicted impaired drivers.\nCo-ordinated by a moderator, other resource people take part\u00E2\u0080\u0094the local doctor,\nJudge, policeman, coroner, ambulance driver, probation officer, insurance man,\nalcoholism counsellor, and so on. The course is compulsory by court order as part\nof probation, usually in addition or as alternative to a fine and/or imprisonment\nas well as suspension from driving. Funding for the courses has come through the\nAlcohol and Drug Commission. However, in the next fiscal year, the Corrections\nBranch has budgeted to implement courses in all locations in the Province where\na need is indicated. Many of the present courses now have waiting lists.\nAttendance Programs\nSupplementing the many programs for young offenders which are run by the\nDepartment of Human Resources, the Division has continued its involvement in\nattendance programs, particularly week-end/residential wilderness experience programs. The Porteau program near Squamish this past calendar year has seen 27\nout of 30 boys graduate successfully from the summer course and three groups of\n10 go through the nine-week training winter program. On Vancouver Island,\nMetchosin Camp has provided services for 113 individuals and last summer set a\nprecedent by including six juvenile girls on the summer program. Centre Creek,\nformerly part of the Chilliwack Forest Camps complex, now is being used for young\nadults who might be transferred to adult court. The personnel and facilities will be\ntransferred from Institutional Services to the Community Services Division on\nApril 1, 1976.\nDetention centres in Vancouver and Victoria for those who require a secure,\nshort-term, pre-dispositional stay continue to be run by the Division.\n2. Institutional Services Division\nThis Division has responsibility for eight major correctional centres, which\nincludes three specialized facilities and 11 forest camps, six community correctional\ncentres, and the purchased use of bed space in nine community residential centres.\nThis year, there have been added three community correctional centres, one more\nforestry camp, with another in the process of being opened, and the increased use\nof four more community residential centres. The Division has the responsibility for\nsome 1,800 inmates.\nCommunity Correctional Centres\nThe increased use of community correctional centres with the emphasis on\ninmates' daily attendance at work or educational programs has seen the concomitant\nexpansion of the Temporary Absence program, particularly in these two categories.\nTemporary Absence Program\nIn 1975, 1,107 temporary absence work releases were granted throughout the\nProvince, resulting in 23,019 days of work. A total of $492,217 was earned by\ninmates, with $46,525 returned to the Government for room and board and $53,138\n S 40 ATTORNEY-GENERAL\nin income tax. Additionally, $50,627 was paid out in family maintenance, $11,687\nin 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\norder to fully appreciate the impact of these programs, it is important to note that\nit costs approximately $30 per day to house an inmate in an institution versus\napproximately $20 per day in a CCC program.\nCo-ed Facilities\nThe Branch set a precedent in 1974 with the establishment of a co-ed facility\nat Prince George. The year under review has seen further experimentation in this\narea with several men from Alouette River Unit, which is an addiction treatment\ncentre for men, being transferred to Twin Maples, its counterpart for women.\nExperience to date indicates a very positive outcome of this development for both\nstaff and inmates.\nThis past year has also seen the development of other innovative programs\nwithin the Division. Two noteworthy examples are the Community Service program from the Prince George Regional Correctional Centre and the Impaired\nDrivers' program at Alouette River Unit.\nEscapes\nThis past calendar year has seen an increased number of escapes from Branch\nfacilities. 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\nnecessarily a more dangerous, group than in the past. The traditional open settings\nhave not needed the higher level of program involvement which the new group\nrequires until now, and Institutional Services is currently taking a close look at\nsuch needs with a view toward implementing appropriate changes.\n3. Planning and Development Division\nThis calendar year has seen a major reorganization of this Division, which\nnow offers a variety of specific services, including the wide-ranging involvement\nof the Executive Director in Federal/Provincial relations. The following sections\nnow fall within this Division: Staff Development, Planning, Research, Information\nServices, Volunteer programs, Bail Supervision project, religious programs, Library\nServices, and Purchase of Service Funding. Specifically, this year has seen the\nexpansion in the capabilities of Research, which is now producing regular evaluative reports and statistical indices, and the formation of Information Services with\nresponsibilities for all formal publications of the Branch, and public information.\nThe continuing interest of outside people for information about Corrections is indicated by some 200 written requests, in addition to telephone inquiries handled in\nthe past year.\nFunding\nPurchase of Services Funding set a precedent this year with some $1.5 million\nbeing provided for more than 40 agencies or organizations offering needed services\nfor the Branch.\nBail Supervision\nSupervision 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\n ADMINISTRATION OF JUSTICE S 41\nsubstantial saving for the community. The operational report on the Bail Supervision project in Vancouver indicates that their costs are $2/day per person as\nopposed to $30/day costs to hold a person in custody; 701 people have been\nsupervised by project personnel in the past year.\nStaff Development\nStaff 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\ncourses such as mid-management training are now being offered in addition to\nregular training and refresher courses.\nVolunteers\nThe Volunteer program continues to expand with some 400 volunteers now\nregistered throughout the Province. To help facilitate development in this important area, a Provincial co-ordinator and regional co-ordinators have been appointed.\n4. Inspection and Standards\nDuring the past year, this specialized unit performed 22 inspections on Branch\nfacilities in order to assess the quality of the service delivered. It also conducted\n32 investigations falling into such categories as special investigations, investigations of accidents, fires, escapes, alleged staff misconduct, and suicides. In the\ncourse of the year, 142 inmates filed 163 grievances for which responses and\nrecommendations have been made. In addition, the unit's personnel have been\ninvolved in many other activities relative to quality of service\u00E2\u0080\u0094involvement in\nrevising Gaol Rules & Regulations, the preparation of a Manual of Standards for\nHigh Risk Programs, and a Small Arms Manual.\nCapital Construction\nThe capital construction program to replace large and outdated facilities has\nnot seen any progress in the past calendar year. The major priorities are to replace the Lower Mainland Regional Correctional Centre at Oakalla, the remand\nfacilities at Vancouver Island Regional Correctional Centre, the facilities at the\nKamloops Regional Correctional Centre, and the dormitory at New Haven, which\nwas burned down in 1971.\nRelationship to Other Departments\nIn carrying out its function, the Branch continues to have extensive formal\nand informal relationships with other Provincial departments\u00E2\u0080\u0094Departments of\nHuman 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.\nSeparate Report\nThe Corrections Branch files a separate report with the Legislative Assembly.\nThat report will provide a descriptive and statistical profile of the Corrections\nBranch of the Department of the Attorney-General for the calendar year covered\nby this summary. The complete report should be consulted for further information.\n S 42 ATTORNEY-GENERAL\nJUSTICE COUNCILS\nDirector: Don McComb\nJustice Councils are designed to involve the general public in the administration of justice throughout the nine justice regions of the Province. With the active\nsupport of professional staff from the major divisions (Police, Courts, Corrections,\nand Legal Services), Justice Councils work to improve justice services at the local\ncommunity level. The main objective is to achieve a more open and accessible\njustice system for members of the community.\nThe typical Justice Council is comprised of members of the general public\nand professionals working together on problems they have identified, contributing\nto the planning of new programs, and informing their community about needs and\npriorities in justice services.\nFormation of Local Justice Councils\nIn 1975, an organizational year, the regional co-ordinators established over\n50 local Justice Councils in their nine regions of the Province. Local communities\nand local issues determined the structure and representation of each Justice Council.\nThis process continues in both outlying areas and in the smaller communities within\nthe large urban centres.\nRegional Justice Councils\nIn three of the regions, representatives from each local Justice Council have\nmet as a regional Justice Council to exchange information, to assess the justice\nneeds of the whole region, and to learn from key representatives of the Department, the Federal Government, or other public and private organizations, changes\nin policy or about future programs. Such regional Councils are planned for the\nwhole Province.\nPublic Education and Information\nA major function of Justice Councils is to conduct workshops, seminars,\npublic displays, and other educational activities designed to inform the public of\nthe various service trends in the justice system as well as to bring members of the\ngeneral public and justice professionals in direct and regular contact. During the\nyear a number of special educational events have been sponsored by local Justice\nCouncils, generally in co-operation with other sectors of the Department or outside\norganizations. These programs are designed to foster greater public awareness\nand understanding of justice services in the community.\nLocal Justice Projects\nThe Justice Councils have provided a forum for new ideas and have assisted\ncommunity groups to present their ideas to the Department. Working with the\nJustice Development Fund, the local Justice Councils and regional co-ordinators\nhave assisted in the development of new programs. Because many projects span\nmore than one organization or field, Justice Councils have facilitated a team management approach whereby greater co-operation is achieved. Local management\nhas provided greater potential for some inherent values and ideas to be transferred\nto regular services after the project is completed. Projects of this kind have involved the major divisions (Police, Courts, Corrections, and Legal Services) as\n ADMINISTRATION OF JUSTICE\nS 43\nwell as other Provincial departments, private voluntary agencies, and Federal\nGovernment departments operating within the British Columbia region, particularly\nthe Regional Consultant of the Ministry of the Solicitor General.\nThe local Justice Council or its staff does not administer funds or programs.\nIts role is to create support and co-ordination for programs carried out by both\npublic and voluntary agencies.\nThe Public and the Justice System\nThe creation of Justice Councils has provided the major divisions of the Department greater access to local attitudes on justice needs and priorities. Members\nof the RCMP, B.C. Police Commission, Courts Facilities and Management Group,\nthe Corrections Branch, and the Legal Services Commission have met with and\nhad the opportunity to explain their plans to local Justice Councils. Direct contact with citizens engaged in and concerned with the justice system has provided\nDepartmental representatives with an appreciation of local and regional conditions.\nExamples include local community suggestions on court facilities, community\ncorrections centres, community law programs, and team policing strategies.\nA major review by many Justice Councils on the proposed Federal legislation\nconcerning \"Young People in Conflict With the Law\" was carried out at the end\nof the year. Briefs to the Department arising from this process contributed to\nthe Province's discussion with the Federal Government.\nSome regions have also established regional meetings of professionals serving\nwithin the justice network. Discussion of common issues, clarification of policies\nand services, and the future needs for the region are among the major areas for\nimproving planning within the justice field and facilitate a more unified approach\nin the community.\nSpecial Assignments\nBecause of close association with their communities, the regional co-ordinators\nhave been required frequently to act, on behalf of the Department as a whole, to\ndefuse a situation in a local community by acting in an ombudsman type of role,\nand to facilitate a two-way flow of information between the Department and the\npublic.\n S 44 ATTORNEY-GENERAL\nJUSTICE DEVELOPMENT COMMISSION\nExecutive Director: Gregg Macdonald\nThe 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,\nLegal Services).\nThe Commission has a responsibility to contribute to the establishment of\npolicy within the administration of justice through co-ordinated planning and\nresearch, and through the provision of information to decision-makers. Also\nthrough 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\nthe public.\nThe Justice Development Commission was comprised of the following working units during 1975:\n1 Court Planning and Facilities\n2 Justice Information Systems\n3 Justice Councils\n4 Information and Public Programs\n5 Research Centre\n6 Grant Funding (Justice Development Fund)\n7 Pre-trial Services\n8 Planning Unit.\nBy 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.\nJUSTICE PLANNING UNIT\nDirector: M. Shpizner\nDuring the organizational changes which occurred within the Department in\nspring 1975, the functions of the Planning and Research Unit (see Annual Report,\n1974) were incorporated into the Justice Planning Unit and the Research Centre.\nThe primary objectives of the Justice Planning Unit are to\n(1) develop a framework for comprehensive planning within the administration or justice;\n(2) provide technical and professional consultation to divisions within\nthe administration of justice and to other working units of the\nJustice Development Commission;\n(3) facilitate cross-divisional co-ordination in justice planning;\n(4) develop mechanisms for budget planning and program evaluation\nwithin the Department;\n(5) pursue strategy development around specific issues (e.g., juvenile\nand Native concerns).\nDuring 1975 the Justice Planning Unit continued work on projects which had\nbeen developed by the Planning and Research Unit, and, in addition, initiated a\nnumber of new activities. Examples of projects and activities undertaken by the\nJustice Planning Unit are discussed below.\n ADMINISTRATION OF JUSTICE\nS 45\nDiversion\nAn extensive survey was completed, outlining diversion activities related to the\nadministration of justice in British Columbia.\nBudget Planning\nIn co-operation with the Finance and Administration Branch, the Budget\nPlanning Group has developed a more effective system for financial management\nreporting, as well as a new system for budget-program planning.\nNatives\nA planning effort was initiated to address the issue of Natives and the criminal\njustice system in British Columbia. A discussion paper presented to the Department's Policy Committee included demographic information, data concerning\nNatives in the justice system, a survey of current program and consultation activities, and observations and recommendations.\nJuveniles\nA document entitled \"Juvenile Delinquency in British Columbia\" was prepared for the Policy Committee. This work provides an integrated definition of the\nproblem and the direction advocated by the numerous reports and commissions on\nthe subject; presents a comprehensive statistical profile on the nature and extent\nof the problem, including a discussion of past and projected trends; and identifies\nthe programs and resources that are currently available for juveniles within various\nGovernment departments in British Columbia.\nJustice Councils\nIn 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\noriginally articulated.\nConfidentiality and Public Information\nA study has been completed, examining the provision of information to the\npublic. A discussion paper and draft policy statement have been prepared.\nPRE-TRIAL SERVICES\nDirector: Robert J. Lemiski\nDuring the past year the Division has been providing answers to the question\n\"What kinds of services should be provided to a person who has been arrested or\ncharged with an offence, from the point of the arrest to the termination of the\nsituation?\"\nCompletion of the Autumn project (commenced in Oakalla in the fall of\n1974) and publication of the Autumn Project Report provided some of the answers.\nThey were spelled out in concluding materials given wide distribution as Principles\nand Recommendations. Adoption of same and full implementation are not yet\nresolved.\nPartial implementation of some of these answers was carried out by the\nDivision through the establishment of formal Remandee Services throughout the\n S 46 ATTORNEY-GENERAL\nProvince. At present every person remanded in custody to a Provincial institution\nis interviewed by an assistant who is concerned with the accused's knowledge of\nhis or her situation, bail perfection ability, legal assistance, early trial date, and\ngeneral humanitarian issues. This interview assistance is supported by budgetary\nprovisions for long-distance phone calls, transportation, and other special needs.\nIn addition, data are collected for planning purposes to provide further services to\nremandees.\nThe Division published and distributed widely a book entitled Studies in Pre-\nTrial Release, which focused on bail appeals, detention reviews, and estreatments.\nMajor operational changes are resulting from this work, especially with respect\nto estreatments after it was revealed that less than 1 per cent of \"marked\" bail\nmoneys were being collected by the authorities.\nA 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\nlegal 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\nSubcommittee on Juveniles with regard to holding facilities; educational materials\non the subject of new approaches to prosecutorial discretion were distributed to\nCrown counsel throughout British Columbia; training and technical assistance was\ngiven to several groups conducting \"diversion\" programs.\nWork-in-progress includes in-depth analysis of the administration of criminal\njustice in the Criminal Division of Provincial Court with special emphasis on the\noperation of bail policies and procedures. Apart from this applied research, the\nDivision is continuing to provide real services on a demonstration basis to the\npre-trial clientele through educational aids such as posters, pamphlets, and booklets\nas to rights and responsibilities.\nRESEARCH CENTRE\nDirector: Dr. Pauline Morris\nThe Research Centre, a relatively new addition to the Department, came into\nexistence officially on July 1, 1975. It was first conceived of earlier that year,\nwhen researchers in the various divisions of the Department's Administration of\nJustice 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\ndivisions.\nRecently, a clearer definition of the Research Centre's functions has evolved.\nFirstly, 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\nrecruit suitably qualified staff. Further, it reviews research reports prepared by\nthe Justice Branch of the Department. Thirdly, it is also to be regarded as the\nentry point to the Provincial justice system for those persons desiring to do research,\nregardless of the dependent or independent nature of the applicant's funding.\nFinally it will undertake self-initiated research of both a short and long-term\nnature.\nDuring the short period of the centre's existence, the staff has undertaken, or\nparticipated in, several projects, a few of which are mentioned below.\nCorrections requested that the centre be involved in monitoring and evaluating\nthe Women's Community Correctional Centre in Vancouver. A research officer\n ADMINISTRATION OF IUSTICE\nS 47\nis currently preparing a preliminary report documenting developments to date and\ndetermining the information needs for an evaluative study.\nThe Director of the Justice Development Commission requested and received\ncomment on the Solicitor General's Research Guide. The centre has also provided comment on a number of research reports produced by other divisions of\nthe Department.\nConsultation with several of the Justice Council Co-ordinators took place\nafter they had expressed an interest in developing an inventory of services for\neach Justice Council region.\nThe Justice Development Fund requested that assistance be provided in developing an evaluation methodology for a street-worker project and a brief \"state\nof the art\" paper was prepared, together with suggestions as to how such an evaluation might be approached.\nThe Police and Community Service project requested that the centre act as\nconsultants to the project. A new research officer was recruited, some of the\nquestionnaires were redesigned, and help was given with the training of interviewers.\nAt the request of the Legal Services Commission, the centre has outlined\npotentially important areas for social research in the field of legal services.\nINFORMATION AND PUBLIC PROGRAMS\nCo-ordinator: Peter Hay\nBackground\nIn late 1974 the Deputy Attorney-General and the executive committee of\nthe Justice Development Commission undertook to solve some of the enormous\ncommunications problems plaguing the Department as a whole and the administration of justice in particular. A co-ordinator was hired, and given the mandate to\ndevelop and implement policies regarding internal and public information, to encourage liaison with and participation from interest groups and the public, and to\ninitiate public education programming about the justice system and services offered\nby the Attorney-General's Department.\nThe most pressing task was the lack of information about new policies and\nchanges in administration for people inside the system charged with carrying out\nthese policies. To keep them abreast of current developments and to provide a\nforum for open discussion on matters of law and the justice system as a whole, in\nDecember 1974 a monthly newsletter, Process, was launched.\nPublications\nProcess, reflecting the nonpolitical role of the Attorney-General, is unique in\nmany respects. As a Government publication, it reports on new legislation and\nprograms. At the same time it provides a platform for free debate and criticism\nof such legislation and programs from both within and outside of the system.\nLike its parent, the Justice Development Commission, Process is also unique in\npresenting a cross-system overview of the administration of justice. This means\nthat police, legal services, courts, and corrections workers receive information\nfor the first time not only about their own areas of endeavour but can assess the\nimpact of their work or particular problems in the context of the justice system as\na whole. Printed on the cheapest paper, with a mailing that grew in eight months\nto 11,500, Process has become the most effective and cohesive mechanism for in-\n S 48 ATTORNEY-GENERAL\nternal and public information, attracting requests and favourable comments from\npeople of all political persuasion and from wide-flung jurisdiction across the continent.\nAnnual Report\nTo provide similar cohesion and overview of the entire, heterogeneous Department, other publications have been undertaken. In 1975, the first Annual\nReport of the Attorney-General in the 75-year history of the Department was\ntabled in the Legislature and made available, on a limited basis, to the public.\nThe response was overwhelming and, hopefully, annual profiles of the Department\nwill 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-\nend supplement to Process.\nConsultation\nIn a consulting and support capacity, the program has been responsible for\nevaluating existing information services or needs within the larger divisions of the\nadministration of justice. As a result, Corrections Branch hired a full-time Information Officer and beefed up its internal communication system. Support services\nwere provided to the B.C. Police Commission and to courts, but there are still gaps\nto be found in the system. Toward the end of 1975 the Deputy Attorney-General\nrequested that such consultation and evaluation be expanded to the rest of the Department. Currently, attention is given to developing information services for the\nLiquor Administration. A brief survey was made of information services and\neducation programs throughout the Department. Recommendations await implementation of an over-all Government policy.\nRationale in Public Education\nIn the original mandate for this program a major emphasis was placed on the\ndevelopment 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\nwell as more efficient and equitable system of justice in the Province. A major\neffort is being made in Canada and the United States to introduce \"diversion\"\nprograms 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\ncan check the social problems and lawlessness which are placing an increasingly\nheavy strain on the whole system.\nProjects\nIn collaboration with divisions of the Attorney-General's Department, the\nBar Association, educational institutions, community groups, and individuals, a\nnumber of projects have been undertaken. These include the publication and\ndissemination of brochures which provide information about corrections, sheriffs,\nassisting 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\naid the establishment of Justice Councils. Several programs about aspects and\nproblems of justice were produced on community cablevision. Slide-tape presentations about the work of the Corrections Branch were prepared. Public meetings\nand displays were organized and co-sponsored by Justice Councils. A number of\noutside projects were evaluated and some funded. All in all, a small beginning\nwas made in demonstrating the possibilities of mass communications technology\nin making the justice system more accessible to the public.\n ADMINISTRATION OF JUSTICE\nS 49\nSupport Services\nInformation 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,\ntechnical advice and assistance are given in the production of all printed and audiovisual materials, the acquisition or rental of equipment, advertising, recruitment\ncampaigns, and training aids. A Province-wide catalogue of audio-visual facilities\nhas been compiled and distributed to regional Justice Council Co-ordinators. A\ncatalogue of films and videotapes, produced or acquired as part of a library for\npurposes of training and public education, is updated.\nLike the Justice Development Commission, Information and Public Programs\nhas been developmental in nature. It found some very real needs in the Department and among the public, and has demonstrated some possible solutions through\nbetter communication.\n S 50 ATTORNEY-GENERAL\nFAMILY AND CHILDREN'S COURT SERVICES\nChairman: Judge Harold Keenlyside\nIn December 1973 the B.C. Royal Commission on Family and Children's\nLaw was established under the chairmanship of Justice Thomas Berger. The\nCommission 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\nand test proposals for reform.\nThe Commission produced 13 reports which recommended both structural\nreform of the courts and major changes in substantive family and children's law.\nThe hundreds of recommendations were formulated with a great deal of input from\nthe public and professionals throughout British Columbia, and thus were able to\nreflect the views, needs, and priorities of the citizens of the Province.\nFirst, Second, and Third Report\u00E2\u0080\u0094Based on its mandate, the Commission\nestablished a pilot project in Surrey, Richmond, and Delta to test out its concept\nof a Unified Family Court. The Commission's first three reports dealt with the\nestablishment of this pilot project.\nFourth Report\u00E2\u0080\u0094Studies gained from the monitoring of the project indicated\nthat progress was accomplished in providing a more efficient court service in the\narea of family law. This led to the issuing of the Commission's Fourth Report,\nwhich recommended the phased expansion of the Unified Family Court concept\nthroughout the Province. This report also contained many recommendations\nregarding the delivery of services to young people in conflict with the law.\nFifth Report\u00E2\u0080\u0094The seven parts of this report contain recommendations regarding the status of children born outside of marriage, children's rights, the special\nneeds of special children, protection of children, custody, access and guardianship,\nand adoption. Legislation to enact these recommendations is being drafted and\nwill consolidate most children's law into a single Statute.\nSixth Report\u00E2\u0080\u0094This report on matrimonial property recommends a substantial\nchange in the law to a system of community property with joint management.\nSeventh Report\u00E2\u0080\u0094This report recommends substantial changes in the area of\nfamily maintenance.\nEighth Report\u00E2\u0080\u0094This report addresses itself to the many issues involved in\npreparation for marriage.\nNinth Report\u00E2\u0080\u0094This report comprises the first productive attempt in Canada\nto come to grips with many of the unresolved issues involved in the area of artificial\ninsemination.\nTenth Report\u00E2\u0080\u0094This report, entitled \"Native Families and the Law,\" is based\non input from the Native Indian community of British Columbia. It gives an overview of the Native situation with regard to family law.\nEleventh Report\u00E2\u0080\u0094This report contains recommendations regarding change\nof name.\nTwelfth Report\u00E2\u0080\u0094This report deals with the consent of minors to medical\ntreatment.\nThirteenth Report\u00E2\u0080\u0094The final report of the Commission, entitled \"The Commission and the Community,\" does not contain any recommendations. Rather, it\n ADMINISTRATION OF JUSTICE\nS 51\ndocuments all the efforts made by the Commission to consult and educate the public\nand professional communities with regard to the law as it relates to families and\nchildren in British Columbia.\nIn late June 1975, the Provincial Cabinet accepted in principle the 66 recommendations contained in the Fourth Report. On July 17, 1975, a team was\nappointed to implement many of the recommendations. This team was composed\nof Judge Harold Keenlyside, a Family Court Judge who sat in the pilot project;\nMish Vadasz, a social worker and member of the Commission; and Allison Burnet,\na lawyer and executive secretary of the Commission. This team, assisted by professional staff, has been planning for a gradual implementation of some of the\nrecommendations in the Fourth Report.\n S 52 ATTORNEY-GENERAL\nBRITISH COLUMBIA BOARD OF PAROLE\nChairman: S. Rocksborough Smith\nHearings\nThe Board held 68 hearings during the last calendar year at various community centres throughout the Province. When hearings could not be held, a\nmember of the Board undertook to interview inmates and to report the results at\na subsequent hearing.\nDuring the year, 238 young-adult offenders serving definite/indeterminate\nsentences were released on parole as a result of decisions made at these hearings.\nDuring the same period, 82 paroles were suspended either for a temporary period\nor indefinitely, and 77 paroles were revoked. Compared with last year's statistics,\nthese figures do not appear to point up any significant new trends.\nAt the end of the year there were approximately 500 young-adults in the\nsystem, slightly over one third of them on parole.\nAims and Objectives\nThe Board of Parole has two statutory functions to perform under section\n150 of the Prisons and Reformatories Act (Canada)\u00E2\u0080\u0094to inquire from time to time\ninto the cases of young-adult prisoners sentenced to indeterminate periods and,\nwhere it thinks proper, to permit prisoners serving such sentences to be paroled\nunder conditions approved by the Solicitor General of Canada. Furthermore, it\nis assumed by the legislation that the Board will monitor the supervision of those\nplaced on parole and where the conditions of parole are not being maintained will\nconsider the suspension or revocation of the parole.\nThe 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\nyoung-adult offender who has failed in the past to respond to supervision in the\ncommunity to undergo a period of institutional training followed by release on\nparole. The Board's task then is to satisfy itself that the offender has reached\nthe stage in his training where he is ready and able to accept the responsibilities\nof community-living under the supervision and direction of a probation officer.\nHe is then released to continue his training in the community on parole.\nThis type of sentence can only prove effective where a variety of institutional\ntraining opportunities are made available to deal with the varying types of offender\nwithin the young-adult age-group. Some may require only the shock of loss of\npersonal liberty to bring them to their senses, others may require a stiff challenge,\nyet others may need a lengthy period of training, starting in a security institution\nfrom which they cannot escape and where habits of industry and application and\na growing sense of social responsibility will take time to develop. These diverse\ntraining facilities will need to be staffed with trained correctional officers suited\nto the task and capable of developing the potential in each offender, planning,\ntraining, assessing progress, making modifications where necessary and preparing\nthe individual for eventual release under supervision. The institutional training\nwill be of little value, however, if a sufficient number of field probation officers is\nnot available to work closely with the institution in planning the offender's introduction to the community.\n ADMINISTRATION OF JUSTICE S 53\nResources\nWith the sudden closure of the Haney Correctional Centre in July of this\nyear, the training facilities available to the young-adult offender were seriously\ncurtailed and over 100 young adults sentenced to definite/indeterminate sentences\nwere transferred to regional prisons throughout the Province, and the majority to\nthe Lower Mainland Regional Centre in Burnaby. These institutions have no\nfacilities for training, nor have they trained staff available to undertake release\nplanning. The Board has found it increasingly difficult to carry out its responsibilities in assessing preparedness for people under these circumstances. It has\nbeen a constant struggle throughout the year to determine where many of these\noffenders are being held and what they are doing. Therefore, attempts at release\nplanning have frequently been aborted through lack of adequate knowledge and\nassessment.\nField probation officers have been most co-operative with the Board in\nattempting to devise release plans to the best of their ability, frequently on very\nshort notice and with little advice as to the capabilities of the individual referred\nto them. It is very obvious that this type of planning is not conducive to success\non parole and has no doubt resulted in many more suspensions and revocations\nthan would have been necessary had parole preparation and planning been carried\nout as part of an organized ongoing program.\nIn a meeting with the Corrections Branch management team in September, the\nBoard discussed these concerns and recommended that a senior member of the\nCorrections Branch headquarters be given the responsibility of planning and overseeing a diversity of institutional training programs for this important group of\noffenders. It further proposed that at each training facility a senior correctional\nofficer be appointed to monitor the program, assessing the individual's progress\nand ensuring that adequate parole planning is, in fact, taking place both within the\ninstitution and in the community. Without an organized system, with competent\nCorrections personnel taking the responsibility for its operation, the Board cannot\nadequately play its part nor fulfil the requirements set out for it by Statute.\nPost-release residential facilities for the resourceless parolee, reported in last\nyear's Annual Report, remain woefully inadequate and there is still a great need\nfor more supervised group-living or halfway house accommodation for the released\noffender, particularly those in their late teens who have no supportive family to\nreturn to. Such places help to bridge over the difficult period between release\nfrom 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\nfrom his former criminal associations. Those few private agencies operating in\nthis field are doing an outstanding job and deserve greater support.\nTemporary Absence\nThe Board welcomed toward the latter part of the year the addition of the\nBurnaby Community Correctional Centre to the four already established during\nthe last two years. This brings the available accommodation in these community\ncorrectional centres up to nearly 100 at any one time. Temporary absence has\nbeen 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\nactivities can be first steps toward developing a pattern of social responsibility\nwhich a subsequent period of parole can expand. However, these two devices,\n S 54 ATTORNEY-GENERAL\ntemporary absence and parole, must not be confused. Temporary absence involves an administrative decision to test the offender's ability to plan and execute\nan experience in controlled community-living for a limited period of time; parole,\non the other hand, is the community's decision (arrived at by its representatives\non 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\nfinish off his sentence under supervision.\nThe Board has expressed its disapproval of young adults serving definite/\nindeterminate sentences being granted temporary absences for \"extended home\nleaves.\" Under this provision the trainee lives at home, reporting to the community correctional centre as and when directed. The Board has taken the stand\nthat if a trainee is ready for extended home leave then he is ready for parole.\nActivities\nA 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\nas to halfway houses operated by private agencies. Many discussions were held\nwith various groups of Corrections Service personnel to work out satisfactory\noperational procedures for presenting candidates to the Board and reporting on\ntheir supervision. The Federal institution at Matsqui was visited and three members of the Board attended a day-long seminar at the Federal Regional Medical\nCentre on the \"problem of treatment in penal setting.\" The Board was also represented at a seminar sponsored by the Federal Government on \"mutual agreement\nprogramming.\"\nIn February and March the Chairman led two successive sessions on \"sentencing\" at the annual seminar of Provincial Court Judges, along with Dr. Fattah\nof the SFU Department of Criminology, in which the deterrent effect of legal\nsanctions was discussed. The Chairman also met with two groups of probation\nofficers in training throughout the year to discuss parole and attended a seminar\norganized by the Corrections Branch on community work service.\nMembers\nJudge 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.\nThe vacancy was filled by the appointment of Mrs. D. E. Varley, of Richmond.\nMrs. Varley brings to the Board a wealth of experience in dealing with people and\ntheir problems.\nSTATISTICS\nJanuary 1 to December 31, 1975\nHearings held 68\nOn parole as at January 1,1975 .191\nReleased on parole 238\nParoles suspended .82\nSuspensions terminated and paroles reinstated 20\nParoles revoked . 77\nOn parole as at December 31, 1975 . 175\n ADMINISTRATION OF JUSTICE S 55\nLAW REFORM COMMISSION OF BRITISH COLUMBIA\nChairman: Leon Getz\nThe Law Reform Commission of British Columbia has continued its work of\nexamining the law of the Province and making recommendations for change. As\nwas stated in last year's Report, the nature of the Commission's work does not call\nfor a high degree of visibility, nor, in the ordinary course of events, for extensive\nresources. The distinctive contribution that the Commission can make in improving\nthe laws of the Province lies in its capacity for careful research and thoughtful\nconsideration.\nA complete account of the Commission's work during 1975 may be found in\nits own Annual Report, which is tabled separately, but the following summarizes\nsome of the more important of the Commission's achievements over the past year.\nFinal reports were submitted to the Attorney-General on the following subjects:\n1' The Costs of Successful Unassisted Lay Litigants.\n2 The Termination of Agencies.\n3 Powers of Attorney and Mental Incapacity.\n4 Personal Property Security.\n5 Security Interests in Real Property: Remedies on Default.\nWorking papers which have not yet been followed by final reports were issued\non the following subjects:\n1 Minors' Contracts.\n2 The Extra-judicial Use of Sworn Statements.\nLegislative action was taken in 1975 to implement, wholly or in part, the\nrecommendations contained in the following reports of the Commission:\n1 Limitations\u00E2\u0080\u0094General (Limitations Act, S.B.C 1975, c. 37).\n2 Interim Report on Evidence (Attorney-General Statutes Amendment\nAct, 1975, S.B.C. 1975, c. 4, s. 6).\n II LEGAL\nDEPARTMENT\n S 58 ATTORNEY-GENERAL\nGENERAL ADMINISTRATION\nAssociate Deputy Attorney-General: Alex L. Pearson, Q.C.\nHeadquarters\nIn March of 1975, as a result of a reduction in the statutory retirement age for\nJudges to 65 years, five legally trained and 36 lay Judges were retired from the\nBench, leaving 150 Judges in office, of which 97 were employed on a full-time basis\nand 53 on a part-time basis.\nThirty-seven of the retiring Judges were entitled to receive separation from\nservice allowances based on their monthly salary multiplied by the number of\nyears of their service, ranging in amounts from as low as $1,500 to a high of $37,000,\nmaking a total payment by Government of $470,874.02.\nIn 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\nwere each entitled under the Statute to elect to hold office as a Justice of the Peace,\nor to receive a separation allowance or, if eligible under other legislation, to receive\na superannuation allowance, or to receive the allowance plus a refund of the amount\nof their contributions, if any, toward superannuation under the Government superannuation scheme. Of the 53 part-time Judges so affected, 27 elected to hold office\nas Justices of the Peace or took public service appointments as Court Administrators.\nOn 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\nof the year the number was reduced to 100, all of whom were employed on a full-\ntime basis and all were persons who had acceptable legal training or judicial\nexperience satisfactory to the Attorney-General.\nDuring the course of 1975, a Province-wide survey related to the Provincial\nCourt was made of all persons holding commissions as Justices of the Peace to\nascertain which of them were no longer involved, on a regular basis, with work\nconnected 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,\nleaving 235 Justice of the Peace commissions in effect at the end of the year.\nA number of the terminated Justices of the Peace were given appointments as\nCommissioners for taking affidavits to enable them to continue providing the\npeople of their respective communities with some of the services formerly provided\nby them in their capacity of Justice of the Peace. As Commissioners, they are\nauthorized to take affidavits and statutory declarations and to administer oaths as\nand when required.\nThe administrative work connected with the above has been quite extensive,\ninvolving all the Judges and Justices of the Peace affected, senior members of the\nBench, numerous Government departments, and also the Lieutenant-Governor in\nCouncil. Nevertheless, it has resulted in the creation of a greatly reduced but more\nviable group of Judges and Justices of the Peace better able to perform the very\nimportant duties connected with the Provincial Court of British Columbia.\n LEGAL DEPARTMENT\nS 59\nCONSTITUTIONAL AND ADMINISTRATIVE LAW\nDirector: M. H. Smith\nThe year 1975 has been one of increased activity for the four lawyers, including the Director, and the three clerk-stenographers who comprise the Constitutional\nand Administrative Law Section. The functions of the Section are as follows:\n1. Constitutional Law\n(a) To advise on all matters of constitutional law as they arise both within\nthe Department and within other departments of Government and to furnish legal\nopinions in respect thereto:\n(b) To represent the Attorney-General in all constitutional litigation; to\nassist in preparation of such cases and to act as counsel or appoint counsel where\nappropriate:\n(c) To act upon all notices under the Constitutional Questions Determination\nAct or Supreme Court Act (Canada); to seek instructions from the Attorney-\nGeneral and act as or appoint and assist counsel:\n(d) To monitor proposed Federal legislation and programs in terms of their\nconstitutionality:\n(e) To furnish advice, on request of the Premier's office, on the implications\nto the Province of treaties and other international obligations not yet implemented\nby Canada:\n(/) To prepare Provincial responses to matters involving the Hague Conference on Private International Law, UNIDROIT, and UN agencies.\n2. Administrative Law\n(a) To handle all applications for prerogative writs, other than criminal,\nserved upon the Attorney-General and take all appropriate steps, including the\nappointment of counsel:\n(b) To act upon all notices of proceedings before Federal Boards or Commissions such as\nCanadian Transport Commission,\nCanadian Radio and Television Commission,\nInternational Joint Commission, and\nNational Energy Board\non matters in which the Province has an interest and obtain instructions from the\nAttorney-General or Minister most directly involved; to co-ordinate multi-departmental views; prepare the Province's position and take all necessary steps for the\nmaking of a Provincial submission, including acting as or appointing counsel:\n(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.\n3. Intergovernmental\n(a) To provide legal advice to Government on a wide range of Federal-\nProvincial subjects:\n(b) To identify Federal-Provincial programs directly related to our Department; to co-ordinate Departmental efforts and to assist in the preparation of\nDepartmental positions in respect of such programs:\n S 60 ATTORNEY-GENERAL\n(c) To assist in the preparation of background and position papers and\nadministrative arrangements related to intergovernmental meetings in which the\nDepartment is involved.\nThe Section has, over the year, furnished a great many legal opinions on a\nvariety of subjects. These include, for example, numerous opinions on the applicability of various Provincial Statutes to Native Indians or to lands reserved for\nthem; an opinion on the question of Provincial jurisdiction over houseboats located\nwithin the \"public harbours\"; several opinions on the applicability of Provincial\ntax legislation to Federal Crown agencies; an opinion on the constitutional aspects\nof 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\nprogram, opinion on the application of the Provincial Human Rights Code to\ncertain personnel employed by agencies under the jurisdiction of the Federal Parliament; opinions on the application of the Canada Labour Code to fisheries workers\noffshore; an opinion whether the provisions of the Unified Family Court Act giving\npenal sanction for disobedience to superior court orders constitute an infringement\non Federal legislative power in criminal law; whether capital punishment is cruel\nand unusual punishment, thereby offending the Canadian Bill of Rights; whether\nan interim order for custody under the Divorce Act over a child in another province\nis paramount over an order made under the Equal Guardianship of Infants Act by\na court in the province where the child lives; numerous opinions on the jurisdiction\nand constitutionality of the jurisdiction of the Federal Court of Canada.\nMembers of the Section have also acted as counsel in a number of hearings\nbefore 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\nPollution Control Board and the Comptroller of Water Rights. The Section represented the Province at a hearing of the Air Transport Committee of the Canadian\nTransport Commission into proposed fare increases on major national air-lines.\nA member of the Section supervised British Columbia's intervention before the\nCanadian Transport Commission in opposition to the proposed rate increases of\nB.C. Telephone Company. The Department was represented in a hearing before\nthe 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\nsection 96 of the B.N.A. Act. In numerous applications for railway-line abandonments the Section prepared and submitted submissions and acted as counsel.\nOther cases heard during the course of the year in which members of the\nSection were engaged included the constitutional challenge of AUTOPLAN in the\nCourt of Appeal; the right of the provincial Labour Relations Board of Nova\nScotia to issue injunctive relief, a case heard by the Supreme Court of Canada; a\ncase heard by the Supreme Court of Canada which upheld the validity of the\nAdoption Act of British Columbia in its application to Native Indian children; and\nfinally, a case in which an attempt to implead the Crown in right of the Province\nin the Federal Court of Canada was successfully resisted both at trial and on\nappeal.\nIt should be stressed that the above list of opinions given and interventions\nmade on behalf of the Attorney-General by members of the Section in the year\n1975 is by no means exhaustive but is indicative of the kind of activities of the\nSection.\nThroughout the year the Director has acted as Chairman of the Federal-\nProvincial Advisory Committee, a Departmental committee comprised of senior\n LEGAL DEPARTMENT\nS 61\npersonnel from each of the components of the justice system. Six meetings were\nheld in which an inventory of the various Federal-Provincial programs was identified and in at least two instances the Committee made a significant contribution\nto formulating a Departmental position on matters to be discussed at the Federal-\nProvincial level. On other Federal-Provincial matters, the Section was responsible\nfor preparing for the Federal-Provincial conference of Attorneys-General and Ministers of Justice, held in March 1975, two Provincial position papers on the subject\nof the prosecutorial role in Canada and the enlarging jurisdiction of the Federal\nCourt of Canada. Moreover, the Director has been a member of the Federal-\nProvincial Task Force on Corrections which is expected to make its report in\nmid-1976.\nIt has been the aim of the Section throughout the year to do more of the\npreparation 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\nincreasingly challenged with a corresponding decrease in the amount of money\nexpended by Government in retaining these services from the private Bar on a fee\nbasis. While it is true that there will always be major constitutional cases in which\nthe experience of outside senior counsel will be required, it will be the aim of the\nSection in 1976 to do even more of this work. Therefore, some additions to the\nestablishment of the Section will be necessary to accomplish this objective more\nfully.\nLitigation in Progress\nName of Case\nCourt\nNature of Proceedings\nReference re Georgia and Juan Court of Appeal\nde Fuca Straits\nTo determine proprietory ownership of the bed of these\nstraits.\nCanex Placer et al. v. the Crown B.C. Supreme Court\nConstitutionality of Mineral\nLand Tax Act and Mineral\nRoyalties Act.\nCanadian Indemnity et al. v. Supreme Court of Canada\nAttorney-General\nCPR application for additional Canadian Transport Corn-\ntrack, Tappen to Notch Hill mission\nE & N Railway application Canadian Transport Com\nmission\nMackenzie Valley pipe-line National Energy Board\nhearing\nConstitutionality of AUTOPLAN.\nProvincial intervention based on\nenvironmental and socio-economic impact.\nApplication of CPR to abandon passenger service; opposed by Province.\nTo consider applications for\npipe-line.\nCellcor Corporation et al. v. Federal Court of Appeal\nAG (Canada) et al.\nCapital Cities Communications Supreme Court of Canada\nInc. v. CRTC\nRobinson v. Countrywide Fac- Supreme Court of Canada\ntors Limited\nIntervention in support of constitutional challenge to section 20 of the Federal Court\nAct.\nConstitutional jurisdiction over\ncablevision; provincial intervention.\nConstitutionality of Fraudulent\nPreference Act (Saskatchewan).\n S 62\nATTORNEY-GENERAL\nName of Case\nCourt\nNature of Proceedings\nRegina v. Bordignon Masonry\nB.C. Supreme Court\nConstitutionality of Provincial\npollution control legislation\nto False Creek.\nRe railway barge traffic\nCanadian Transport\nQuestion of jurisdiction Commission over barge traffic.\nWicks v. Attorney-General\n(B.C.)\nB.C. Court of Appeal\nAppeal from dismissal of Wicks\nclaim.\nUnion Oil v. Attorney-General\n(B.C.)\nSupreme Court of Canada\nJurisdiction of Federal Court\nAct over Crown in right of\nProvince; application for\nleave.\nB.C. Packers et al. v. UFAWU\nand Canada Labour Relations\nBoard\nSupreme Court of Canada\nConstitutional validity and jurisdiction of Federal Act over\nFisheries and Labour therein.\nRegina v. Jack et al.\nB.C. Court of Appeal\nCharge under Federal Fishing\nRegulations against Indians;\ninvolving special claims to\naboriginal rights in Cowichan\nValley.\nRegina v. Kruger and Manuel\nSupreme Court of Canada\nAboriginal rights to hunt in British Columbia; Wildlife Act.\nRegina v. Derriksan\nSupreme Court of Canada\nAboriginal rights to fish in British Columbia; Fisheries Act.\nWeldwood of Canada Ltd. and\nIWA Local 217 and M. Lean\nSupreme Court of Canada\nA question of the meaning of\n\"discharge for just cause\".\nMoses v. the Queen\nSupreme Court of Canada\nClaim against Crown for trespass caused by highway on\nReserve.\nIn re Hall\nB.C. Court of Appeal\nConstitutional validity of custody orders under Equal\nGuardianship of Infants Act\nin face of order under Divorce Act.\nIn re MacDonald\nSupreme Court of Canada\nConstitutional validity of penal\nprovisions of Unified Family\nCourt Act.\nDilorio and Fontaine v. Gaoler\nof Montreal\nSupreme Court of Canada\nConstitutional validity of Quebec Crime Commission constituted under Public Inquiries\nAct.\nKellogg v. Attorney-General\n(Que.)\nSupreme Court of Canada\nConstitutional validity of Provincial consumer protection\nlegislation.\n LEGAL DEPARTMENT\nS 63\nCIVIL LAW\nDirector: Gerald H. Cross, Q.C.\nThe day-to-day tasks undertaken by the Civil component of the Legal De-\nparment include the formulation and initial drafting of legislation and regulations,\nOrders in Council, advising and drafting contractual arrangements, the interpretation of legislative provisions, legal services with regard to foreclosure proceedings\nwhere Government mortgages are involved, engagement and instruction of counsel\nfor litigation and other hearings involving Government departments or agencies,\nparticipation of counsel in court proceedings as well as in hearings before the\nPollution Control Board, conveyancing of land, advising on and participating in\narbitration proceedings, and acting on behalf of the Government in negotiations,\nfinancial or otherwise.\nIn last year's Annual Report it was noted that the Civil Law component\ncomprised 14 lawyers. There are now a total of 10 legal officers; two resigned\nfrom Government service and two were transferred to other parts of the Department of the Attorney-General. Accordingly, the expansion experienced up to the\nend of 1974 has been reversed to some extent during the year. This has brought\nabout a concentration of the distribution of functions among the lawyers in the\nCivil Law unit. It has necessarily resulted in some retraction of the services\noffered to the various departments of Government.\nMembers of the Civil Law unit have taken various courses through the years.\nIt is hoped that continuing education will be a matter of more concern in the future\nand that more courses and more seminars might be attended by members of the\nDepartment.\nEach lawyer has been participating throughout the year in the training of\nlaw students who have been articled to one or the other of the senior legal officers.\nThe abolition of the requirement of obtaining a fiat before taking action\nagainst the Crown has shown some increase in litigation during 1975. Gradually\nthere are more and more actions commenced against the Crown, and it is noticeable\nthat some are actions which, prior to the amendment of the legislation, would\nprobably not have been launched against individual public servants. Once again,\nthe amendment to the Interpretation Act which makes the Crown subject to other\nStatutes, unless expressly exempted, has meant a greater increase in litigation than\nthat resulting from the dropping of the fiat requirement. During 1975 there were\n894 cases relating to 93 Acts involving the Government directly or indirectly.\n S 64 ATTORNEY-GENERAL\nCRIMINAL LAW\nDirector: Neil A. McDiarmid, Q.C.\nThe Criminal Law Division has two major components:\n1 The general administrative function of the Headquarters staff concerned with the administration of criminal justice.\n2 Responsibility for the operation of Regional Crown Counsel\nthroughout the Province.\nIn the year 1975 there was a continuing and expanding need for the services\nof the lawyers representing the Criminal Law Division. This covered such diverse\nneeds as a review of the various forms used for Criminal Law purposes; representation on the Forensic Psychiatric Services Commission or on the Native Court-\nworkers and Counselling Association of British Columbia. In addition, pressure\nhas continued to increase the research capabilities of the Division not only for\nworking papers for the Co-ordinated Law Enforcement Unit but also on the proposed development of a para-legal system.\nA major concern is the whole question of the decriminalization of Provincial\nStatutes. This is expected to take up much of the time of the Division. It is\nhoped 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.\nFrom this information they could then consider other and more effective ways of\ndealing with offenders than through the Criminal Law process. It is estimated\nthat some 15,000 offences now fall under the framework of Provincial legislation.\nAs has been apparent over the last two or three years, the Federal Government continues to provide an increasing number of amendments to the criminal\nlaw of Canada. These amendments require careful scrutiny and, where necessary,\nconstructive criticism to be conveyed by the Attorney-General to the Federal\nauthorities. 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\ncontinuing process we have sought a closer liaison with the British Columbia\nPolice College, the various municipal police forces, and the RCMP.\nThe work of the Law Reform Commission of Canada and its various study\npapers has required comprehensive examination of these reports to ensure that\nidealism can be matched with practicality and provide a more effective means of\nadministering justice. The Criminal Law Division provides critiques of the Law\nReform Commission's proposals to assist the Attorney-General in promoting discussion at regular Federal-Provincial meetings. These conferences are designed\nto make representations and seek implementation of those portions of the Law\nReform Commission reports which can be usefully translated into legislation.\nCROWN COUNSEL\nThe Criminal Law Division's efforts to provide extensive and efficient prosecutorial services for the citizens of the Province continued during 1975.\nIn attempting to create a more effective organization we have nearly completed the preparations of a Crown Counsel Handbook. As a result of some of\nour personnel attending seminars in other parts of Canada during the past year,\nour own staff has the necessary expertise now to provide similar seminars for\nCrown Counsel throughout the Province. This has been a noteworthy step forward in the training programs which we envisage for the future.\n LEGAL DEPARTMENT\nS 65\nOne of our outstanding requirements is to find qualified staff and to provide\nproper remuneration to people seeking to enter the service. The ability to provide leadership and guidance through Regional Crown Counsel will lead to the\nbetter administration of justice. This must be done without restricting initiative,\nresponsibility, and common sense.\n LEGAL DEPARTMENT\nS 67\nREVISION OF STATUTES\nAssociate Deputy Attorney-General: Dr. Gilbert D. Kennedy, Q.C.\nThe revision and rewriting of the Provincial Statutes into simple, intelligible\nlanguage has moved forward considerably during the past year. Progress is somewhat slower than first anticipated because of the extent of revision and rewriting\nneeded.\nRecommendations for the repeal of some Acts have been made. Some have\nbeen repealed and the repeal of others is on legislative programs.\nSome areas of existing legislation have been avoided because of work being\ndone on a policy basis within the department concerned or by other bodies such as\nthe Law Reform Commission and the Royal Commission on Family and Children's\nLaw.\nA routine has been established under which revised Statutes, sometimes under\na changed name and sometimes combining two or more Acts, are drafted; historical\nnotes are then inserted and a table of concordance is prepared; copies, together\nwith 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\nCommittee of the Canadian Ba;\n\u00C2\u00A5 &\n0\n1\n #\ - '\u00E2\u0096\u00A0 fT*^ -\"^J\nt\nt :\n*\n1\n'\u00E2\u0096\u00A0 |L\n\u00E2\u0099\u00A6 \u00E2\u0099\u00A6 |\n1 \" . % J\n\u00E2\u0099\u00A6 \ \u00E2\u0080\u00A2 J#\n CORPORATE, FINANCES, AND REGULATION S 77\nSECURITIES BRANCH\nSuperintendent: W. S. Irwin\nThe Superintendent of Brokers is charged with the administration of the\nSecurities Act, Mortgage Brokers Act, Investment Contracts Act, and Pre-arranged\nFunerals Act. All persons and companies trading in securities, dealing in mortgages, offering investment contracts and pre-arranged funeral plans to the public\nmust hold registration as required by the Acts. Offerings of securities to the public\nmust be made the subject of a prospectus conforming to the requirements of the\nSecurities Act and regulations.\nThe 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\nissuance of investigation orders. An effective and co-operative relationship is\nmaintained by this office with the Royal Canadian Mounted Police, other Provincial securities administrations, and the United States Securities and Exchange\nCommission, resulting in a high degree of investor protection for the public. The\nBranch also maintains liaison with the Vancouver Stock Exchange in all matters\naffecting trading of securities in the Province, working with it to exchange ideas\nand formulate policies relative to trading. The same liaison exists with the Investment Dealers Association and the Canadian Mutual Funds Association.\nThe broad scope of enforcement activities under the Securities Act and the\nMortgage Brokers Act encompasses such matters as the maintenance of specified\ncapital, formal and informal investigations into breaches of the Act and the Criminal Code, issuance of cease-trading orders for cause, together with the power\nvested in the Superintendent to suspend, cancel, or refuse registrations of every\nclass permitted under the Act. Authority is also given to the Superintendent to\nmake 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\nunder the Acts or the Criminal Code.\nDuring 1975, much effort was expended in conjunction with the University\nof British Columbia in setting up a course of instruction which, subject to certain\nexemptions, every person registered as a mortgage-broker or submortgage broker\nwill 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\nand is designed to promote a wider degree of expertise in the mortgage investing\nand lending marketplace. It is expected this requirement will result in a markedly\nhigher calibre of individuals engaged in brokering mortgages and provide greater\npublic protection in this field.\nDelay has been encountered in implementing the program of approval of\nstatements 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.\nThe Weekly Summary published by this Branch has continued to grow and\nhas found wide acceptance with the industry, legal and accounting fraternities,\nand the general public. It is anticipated that the Summary will be used by other\nbranches of the Division as a means of disseminating matters of interest arising\nout of the administration of the Acts.\nDuring the year the Branch embarked on a large-scale program of checking\nall companies trading on the Vancouver Stock Exchange with a view to determining\n S 78\nATTORNEY-GENERAL\nwhether the required statutory filings are being made as required. Where instances\nof noncompliance were found, the persons and companies involved had their\ntrading rights revoked until such time as compliance had been made.\nSECURITIES OFFICE - REGISTRATIONS\naooo\ntvC*--\n2,700\n>\ni\. \u00E2\u0080\u00A2\n\u00E2\u0096\u00A0\n\u00E2\u0080\u00A2\n2,400\n\u00E2\u0080\u00A2\n\u00E2\u0080\u00A2\n\u00E2\u0080\u00A2\n2,100\n\u00E2\u0080\u00A2\n\u00E2\u0080\u00A2\n<\n'\n1,800\n\u00E2\u0080\u00A2\n\u00E2\u0080\u00A2\n\u00E2\u0080\u00A2\n\u00E2\u0080\u00A2\n. 1.500\n>\n\u00E2\u0080\u00A2\n\u00E2\u0080\u00A2\n\u00E2\u0080\u00A2\n. .\n1.200\n\u00E2\u0080\u00A2\n\u00E2\u0080\u00A2\n\u00E2\u0080\u00A2\nAct \"\n900\nJlortgaS\n^\n600\nP\nggjstran\nts\t\n*'*t,M\n300\nSecurjt\nies Act\n/\"\"\n\"**\u00C2\u00AB\n\t\n>t\n***\n\u00E2\u0096\u00A0\u00E2\u0096\u00A0\u00E2\u0096\u00A0\u00E2\u0080\u00A2\u00C2\u00BB-\n19\n66 19\n67 19\n68 19\n69 19\n70 19\n71 19\n72 19\n73 19\n74 19\n75\nAdministrative Action\nSecurities Act Mortgage Brokers Act\nCancellations Suspensions Refusals\n2 6 1\nCancellations Suspensions\n3 4\nRefusals\n3\nDecisions, Directions, Orders, and Rulings\nCease-trading orders 217\nOrders and rulings\nNonreporting companies\n458\n58\nThe 458 orders related to determination of primary or nonprimary distribution\nunder section 56, orders under section 22 respecting nonfiling and nonregistration\nand rulings under Parts X, XI, and XII of the Act.\nSecurities Act\nFrom 1974\nCommenced Completed\nsiu\n129\n122 147\n104\n CORPORATE, FINANCES, AND REGULATION\nS 79\nFrom 1974\n8\nMortgage Brokers Act\nCommenced\nCompleted\n34\n17\nCompanies\nAct\nSIU\n25\nProsecutions\nForty-five charges were laid during the year, as follows:\nSecurities Act\nCompanies\nAct\nSection\n7\n37\n109\n134\nCharges\n24\n9\n1\n3\nSection Charges\n186 1\nCriminal Code\n1\nProspectus\nFilings\nMining\nInvestment\nIndustrial\nFinancial\n24\n5\n88\n19\nMutual funds\nPreliminary\nRights offerings\nAmendments\n111\n71\n36\n52\n S 80 ATTORNEY-GENERAL\nPUBLIC TRUSTEE\nDirector: C. W. Foote\nThe 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\npersons where no other person is competent to act.\nOne section of the office directly administers the estates of minors, the mentally incompetent, and deceased persons, either as guardian, committee, executor,\nadministrator, or under a power of attorney. There are approximately 1,600 estates\nof deceased persons and affairs of approximately 4,500 mentally incompetent\npersons under administration. About 500 infants' estates are also managed by the\noffice.\nA trust review section of the office tries to make sure that trusts for minors or\nmentally incompetent persons are properly performed, open for independent review,\nand reasonably secure against loss. Over 2,000 estates are now monitored by the\nPublic Trustee.\nThe investigation section of the office received three or four reports each day\nwhich require looking into the estates, financial affairs, or legal claims of minors\nand mentally disordered persons reported as being imposed upon or taken advantage of.\nThe office also provides legal representation for mentally disordered persons,\nminors, and the estates of deceased persons.\n CORPORATE, FINANCES, AND REGULATION S 81\nREAL ESTATE AND INSURANCE BRANCH\nSuperintendent: E. T. Cantell, Q.C.\nThe Branch administers the Real Estate Act, the Insurance Act, and the Debt\nCollection Act.\nEssentially, its functions encompass licensing, investigation, and education.\nThe legislation administered by the Branch evolves from the earliest consumer protection legislation in the Province and consumer complaints are dealt with by both\nthe Victoria office and the investigation and inspection staff which the Branch\nmaintains in Vancouver. Additionally, all aspects of the economic sector with\nwhich the Branch is identified are subject to continuing scrutiny. Trust accounts,\ninsurance claims (except for automobiles), real estate transactions, collections,\nand repossessions are examined and reported upon, and where necessary, corrective\naction is initiated.\nReal Estate\nThe 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\nrequired to file an auditor's certificate with each renewal in a prescribed manner\nand are also subject to spot audits under the aegis of the Real Estate Council, an\nadvisory body created pursuant to the Real Estate Act. An extensive real estate\npre-licensing education program for both agents and salesmen is conducted through\nthe University of British Columbia. This program is also available through correspondence courses. Currently, a post-licensing education program is being developed\nfor new salesmen. The Real Estate Licensing Section currently processes over\n10,000 applicants a year, approximately 2,000 of which are agents.\nPart II contains the prospectus-filing requirements for all persons selling subdivided land inside and outside the Province. This Section deals with nearly 1,000\nsubmissions a year, involving the handling of supporting documents and subdivision\nplans.\nRegulation 23 under the Strata Titles Act requires the approval of the Branch\nfor all strata plans before they can be accepted by the Regulations of Title to create\nthe strata corporation. By-laws, voting rights, unit entitlements, and interest on\ndestruction are scrutinized and evaluated.\nEvery licensee under the Real Estate Act and the Debt Collection Act is\nrequired to be bonded and the bond is filed with the Superintendent, who is the\nobligee. He is also, the obligee in the case of bonds provided pursuant to the\nPrivate Investigators' Licensing Act.\nA close liaison with administrators of the real estate Statutes of other provinces is maintained. Membership in the National Association of Real Estate\nLicense Law Officials (NARELLO) enables effective communication to be carried\nout in all aspects of the real estate industry. The Branch investigators co-operate\nand frequently act in concert with the RCMP and local police forces.\nInsurance\nInsurance salesmen, agents, and adjusters are all subject to a pre-licensing\nexamination and, during the past year, both the study material provided and the\nexaminations themselves have been made more comprehensive.\n S 82\nATTORNEY-GENERAL\nINSURANCE & REAL ESTATE OFFICE - LICENCES\n10.000\n9.000\n..\u00E2\u0080\u00A2\u00E2\u0080\u00A2\u00E2\u0080\u00A2\"*\u00E2\u0080\u00A2\u00E2\u0080\u00A2\u00E2\u0096\u00A0\u00E2\u0080\u00A2\n8.000\n^S^'\nK\"\u00E2\u0080\u0094\n7.000\n/\n6.000\njlisuB\n\u00C2\u00A3JS&^\n,'\n/\n,*\n5.000\n-r<\nv\u00C2\u00ABV\n4.000\n$&\nf>\u00C2\u00AE\n3.000\n2,000\n1.000\n19\n66 19\n67 19\n68 19\n69 19\n70 19\n71 19\n72 19\n73 19\n74 19\n75\nThe Insurance Act also contains the requirements to be met by the 285 insurance companies presently licensed in the Province, including permitted corporate\ninvestments and contract provisions.\nDuring the past year, $14,784,560,000 worth of life insurance has been in\nforce in British Columbia, which represents an increase of $800 million over the\nprevious year.\nGeneral insurance premiums (excepting automobile) increased by 14 per cent\nto $230,147,000 for the same period, while losses increased by 39 per cent to\n$176,263,000.\nThe dynamics of the industry are such that new products and services are\ncontinually being created which require study and evaluation. During 1974 and\n1975, comprehensive guidelines have been developed to meet new situations in\nthe areas of variable life insurance, group life insurance, and mass advertising.\nA high degree of inter-provincial uniformity has been achieved through the\nefforts of the Association of Superintendents of Insurance of the provinces of\nCanada since its inception in 1917. The new guidelines provide a good example.\nCurrently, the Uniform Life Insurance Act is under revision under the Chairmanship of the British Columbia Superintendent.\nSection 3 of the Societies Act and Part VIII of the Insurance Act impose\nduties on the Branch with respect to the incorporation and operation of societies\nwhich seek to provide stipulated benefit payments and certain services to their\nmembers. In some cases such societies are also required to be licensed under the\nInsurance Act.\n CORPORATE, FINANCES, AND REGULATION\nS 83\nDebt Collection\nThe Debt Collection Act, which replaced the Collection Agents' Licensing\nAct in 1973, regulates the licensing and conduct of approximately 160 collection\nagents 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.\nSome measure of success can be shown by the fact that, in the past four years,\nall debtors (who are usually ill-equipped to protect themselves) have received full\ncredit for all payments made to collection agents.\n S 84 ATTORNEY-GENERAL\nCREDIT UNIONS AND CO-OPERATIVES\nSuperintendent: R. A. Monrufet\nThis Branch is responsible for the inspection and chartering of credit unions\nand the administration of the Credit Unions Act. In addition, the Branch is also\nresponsible for the supervision of co-operatives under the Co-operative Associations Act.\nIn June 1975, following more than two years of drafting by the credit unions\nin co-operation with the Government, a new Credit Unions Act was proclaimed.\nThis represented the first major revision of the legislation since 1961, at which\ntime a similar revision was completed.\nThe new Act provides increased powers and flexibility for the credit unions\nto continue to grow and to expand their services to members. The post of Chief\nInspector of Credit Unions was changed to that of Superintendent of Credit\nUnions and Co-operatives and increased responsibility and authority was given\nto this Branch.\nCredit Unions\nCredit unions are inspected at least annually, with interim inspections being\ncarried out from time to time.\nThe Branch maintains liaison and a close working relationship with the B.C.\nCentral Credit Union, the Credit Union Reserve Board (which administers the\nProvincial Credit Union Share and Deposit Guarantee Fund), and other persons\nand organizations relating to credit unions.\nAlthough the credit union movement continues to grow at a rapid pace,\nrelatively few new charters are being issued since most areas of the Province are\ncurrently served by one or more credit union offices. During 1975, two new credit\nunions were chartered, one to serve persons in the real estate industry in the\nOkanagan Valley, and another to serve staff, students, and residents at the University of British Columbia.\nNumber of credit unions\nNumber of branches\nTotal membership\nTotal assets\nThe year 1975 saw continued growth in co-operative activity in British Columbia, with this Branch investigating, processing, and approving documentation\nfor the incorporation of 53 new co-operative associations.\nThe co-operatives incorporated during 1975 in type and numbers are housing,\n17; service, 15; consumer, 13; arts and entertainment, 5; producer, 3.\nThe total number of co-operatives in British Columbia now stands at 376.\nDuring the year, in concert with the co-operatives, considerable progress was\nmade on the preparation of a new Co-operative Associations Act, which will be\ncompleted for consideration by the Government in 1976.\nDecember 31\n1974\n1975\nis 184\n180\n76\n83\n542,288\n593,728\n$1,205,296,075\n$1,629,397,896\nCO-OPERATIVES\n CORPORATE, FINANCES, AND REGULATION S 85\nOFFICE OF THE FIRE MARSHAL\nFire Marshal: H. K. Jenns\nUnder authority of section 92 of the British North America Act, the Province\nis charged with the responsibility for protection of life and property. The Fire\nMarshal Act (R.S.B.C. 1960, chap. 148) is the statutory vehicle by which the\nGovernment of the Province of British Columbia establishes standards for fire safety.\nThe Fire Marshal's Office provides a nucleus for fire safety activities within\nthe Province and for the regulations of the Act. It functions in the realm of fire\ninvestigation and prevention, while the matter of fire suppression has been delegated to the local level of government.\nA separate statistical report is prepared by the Fire Marshal and published\nannually. Following the Attorney-General's presentation to the Legislature, this\nreport is circulated to interested agencies and details the property and casualty\nlosses for the Province.\nResources\nThe Fire Marshal Act is administered by the Fire Marshal with an administrative support staff, inspectional, investigational, and instructional personnel.\nField administration is mainly carried out by some 400 local assistants to the Fire\nMarshal who act in their respective jurisdictions.\nPrograms\nIn 1975 a special liaison was established with Co-ordinated Law Enforcement\nUnit agencies dealing in the field of organized crime. There has been a relative\nincrease in the number of fires investigated and this office alone will have carried\nout more than 500 separate fire investigations as compared with 289 in 1974; this\nrepresents an increase of almost 70 per cent. A corresponding increase is evident\nin the investigations carried out at the local level, no doubt due to the facilities\nwhich we make available through conducting the Canadian Fire Investigation\nSchool (Western) at Parksville, where more than 100 firemen, police, and Canadian\nForces Officers of the western provinces receive a concentrated course in the investigation of fires generally.\nThe 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,\n\"Operation Vehicle Burning,\" which provides investigating personnel with practical\nexperience.\nMore than 1,150 building plans were processed in the first 10 months of 1975.\nOver 100 inspections have been conducted in assisting local authorities. Fire surveys have been carried out in two regional districts whereby a long-range planning\nprogram enables the districts to allocate fire prevention and fire-fighting facilities\non a planned term expenditure.\nIn the case of compressed-gas installations, there were more than 120 inspections made of complex industrial and commercial installations. Seven tank trucks\nwere inspected and our staff responded to four compressed-gas emergencies. Lectures are a continuing program and were given to meetings of local authorities,\nindustry, and the Canadian Fire Investigation School (Western).\nConsideration has been given to consolidating all gas regulations and motion\npicture licensing with the examination and licensing of projectionists. Our program this year in theatre regulations included the examination of 25 persons for\n S 86 ATTORNEY-GENERAL\na projectionist licence, the licensing of 206 motion-picture theatres and 330 projectionists throughout the Province.\nTraining\nThe training program instructs municipal, industrial, and institutional fire-\nfighting personnel in the latest fire-fighting techniques; renders advice and recommendations on the establishment and administration of fire departments, and\nrelated duties; instruction of fire prevention personnel, including local assistants to\nthe Fire Marshal, in the application and enforcement of the Fire Marshal Act and\nregulations; and specialized courses in fire investigation techniques and procedures.\n CORPORATE, FINANCES, AND REGULATION S 87\nMOTION PICTURE CLASSIFICATION\nDirector: R. W. McDonald\nThe Motion Pictures Act of 1970 is the authority under which this Branch\noperates. All pictures to be shown to the public must first be submitted to the\nDirector for examination so that they may be classified. The three categories of\nclassification are general, mature, and restricted. The Director has the authority\nto 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\nwords of explanation that he feels are required for information to the public.\nLicences to operate theatres and to operate a film exchange are issued by this\nBranch and these are subject to the usual conditions with respect to suspensions,\nduration, and transference. Inspections of theatres is set up on an annual basis.\nIn the year under review, 238 theatre licences were issued.\nBritish Columbia was the host this year to the Ninth National Conference on\nFilm Classification. It has been the practice for film classification boards to meet\nevery two years to consider developments and problems in their work. Due to\na number of circumstances, six years had elapsed since the eighth conference.\nAll provinces except Quebec were represented. It was not possible for Quebec to\nattend since the Director and his staff were involved with the implementation of\nnew legislation at this time.\nThe 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\npicture classification had experienced in our work. Three provinces, including\nBritish Columbia, had new legislation; some of it very radical. Fifty per cent of\nthe personnel had changed through retirement and resignations, so that many\nwere meeting one another for the first time.\nProblems with advertising, operation of drive-in theatres, prosecutions under\nthe Criminal Code, and other important considerations formed the discussions.\nPart of the advertising requirements for British Columbia is the inclusion of\na film-strip in the trailers and prints of restricted pictures which informs viewers\nof the restricted classification of these pictures. This practice has been in effect\nfor eight years and is part of the answer we provide to the problem of showing\nthese trailers. The original negative which we had produced with Government\napproval and financing had become worn and had to be replaced. This year we\nreceived approval to proceed with the production of two film strips which we now\nhave in our possession. This gives a little variety to our advertising, which had\nbecome worn in the visual sense as well.\nIt was noted that there have been many changes in the motion picture industry.\nFor example, the corporate structure of many of the large producers as well as the\ndistributing 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\nnow there are very few independent theatres in British Columbia. Theatre construction shows a very basic change from the one large theatre to complexes of\ntwo or more. Many shopping centres now show the trend to the smaller theatres.\nIt is interesting to note that a number of ethnic groups are constructing their own\ntheatres for both 16 and 35-mm installations. One must speculate, however,\non the fact that succeeding generations of any ethnic group tend more and more\nto prefer pictures with English dialogue.\n S 88 ATTORNEY-GENERAL\nFor some years now, requests for speakers on the subject of film classification has been accepted by this office. These requests come from schools, colleges,\nuniversities, 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\npossible way we can maintain contract with the public and keep up to date with\nthe changes that affect our work.\n CORPORATE, FINANCES, AND REGULATION\nS 89\nBRITISH COLUMBIA RACING COMMISSION\nCommissioner: R. E. Collis\nThe Racing Commission is empowered to \"govern, direct, control, and regulate horse-racing in the Province\", and to fulfil this responsibility, the Commission is\nguided by the Rules and Regulations of Horse-racing (Orders in Council 428 and\n3351, approved February 10 and October 5, 1970).\nWith the co-operation of the track operators, the licensed horse-owners,\ntrainers, jockeys, and all other personnel employed in the industry, as well as the\nCanada Department of Agriculture, under whose supervision the pari mutuel\nbetting is operated, horse-racing in British Columbia enjoys the full confidence of\nthe public.\nFor the first time in the racing history of the Province, the 1975 attendance\neclipsed the one million mark; 1,007,795 racing fans wagered a total of $79,714,963\nat the nine pari mutuel tracks in the Province. Purse distribution was $3,864,789.\nThe Provincial Government Racing Assistance Program, established under the\nPari Mutuel Betting Tax Act in 1972, provided further distribution to owners of\nBritish Columbia-bred horses winning moneys at the various tracks of $797,149.\nThe betting tax collected from patrons was $6,387,197, an increase of almost 20\nper cent over last year.\nThe Racing Commission maintains the position that breeding stock must be\nupgraded and certain monetary incentives should be extended from the Province.\nAlso, the small tracks in the Interior are still having financial problems, and if\nracing is to continue in these centres, assistance should be forthcoming, probably\nfrom the major winner in racing, the Provincial Government.\nDuring 1975 the Racing Commission held 22 formal meetings in the course\nof administering the Racing Commission Act and its regulations. These meetings\nwere convened to hear appeals from rulings against licensees by the Board of\nStewards; to hear licence applications and suggested rule amendments; to consider\nracetrack security; and to discuss thoroughbred, standardbred, and quarter-horse\nracing dates for 1976.\nComparative Statistics for Exhibition Park, 1971-75\nYear\nNumber\nof\nDays\nAmount\nWagered\nDaily\nAverage\nDaily\nPercentage\nChange\nAverage\nDaily\nAttendance\nDaily\nPercentage\nChange\n1971 \t\n108\n92\n109\n100\n101\n$\n33,199,101\n39,245,017\n57,738,655\n66,419.396\n75,958,605\n$\n307.399\n426,576\n529,712\n664,193\n752,065\n-0.07\n+ 38.7\n+ 24.1\n+25.3\n+ 13.2\n6,611\n8,221\n8,383\n9,134\n8,888\n-0.5\n1972 -\t\n+ 24.3\n1973 \t\n+ 1.9\n1974 \t\n+ 8.9\n1975 -\t\n\u00E2\u0080\u00942.7\nSANDOWN PARK, SIDNEY\n(October 17 to November 11, 1975)\nThe Capital City Turf Club is responsible for returning thoroughbred horse-\nracing to the Island after a number of years of idleness at the Sandown Park\nracetrack.\n S 90\nATTORNEY-GENERAL\nThe premises were leased from the former operators between October 17 and\nNovember 11 and, after 16 days of racing, new records in attendance, wagering,\nand rainfall were recorded.\nThe pari mutuel system totalled $2,813,849, wagering by 44,894 patrons.\nThe purses were $170,030 for 130 races.\nHorse-racing in the Interior\nThe presentation of horse-racing in the Interior circuit at Osoyoos, Kamloops,\nWilliams Lake, Princeton, and Vernon is improving annually, and with the tracks\nnow co-ordinating their efforts it is expected that more continuity and confidence\nin racing will be developed in 1976.\nDESERT PARK, OSOYOOS\n(June 13 and 14 and August 22 and 23, 1975)\nComparative Statistics for Osoyoos, 1971\u00E2\u0080\u009475\nYear\nNumber\nof Days\nAmount\nWagered\nDaily\nAverage\nDaily\nPercentage\nChange\nAverage\nDaily\nAttendance\nDaily\nPercentage\nChange\n1971 \t\n2\n2\n4\n4\n4\n$ | $\n7,224 3,612\n10,954 5,447\n33.523 | 8,380\n44,605 ' 11,126\n61.524 1 15.381\n425\n800\n931\n1972 _\n+51.6\n-t-53.8\n+ 88.0\n1973\t\n+ 16.3\n1974...\t\n+32.7 | 712\n4-38.2 1 672\n\u00E2\u0080\u009423.5\n1975\t\n\u00E2\u0080\u0094 5.5\nSAGEBRUSH DOWNS, KAMLOOPS\n(June 20 and 21, August 29 and 30, and September 1, 1975)\nComparative Statistics for Kamloops, 1971\u00E2\u0080\u009475\n1971 \t\n3\n6\n3\n5\n5\n$\n69,304\n109,970\n109,190\n173,137\n183,809\n$\n23,101\n18,328\n36,397\n34,627\n36,761\n1\n+47.4\n-20.6 |\n+98.5\n-4.8\n+6.1\n1\n1,339\n939\n4,233\n1,283\n1,126\n\u00E2\u0080\u009441.0\n1972\t\n\u00E2\u0080\u009429.8\n1973\t\n+340.0\n1974 \u00E2\u0080\u0094 \t\n\u00E2\u0080\u009469.6\n1975 \t\n\u00E2\u0080\u0094 12.2\nFAIR GROUNDS, WILLIAMS LAKE\n(June 28 and 30 and July 1, 1975)\nComparative Statistics for Williams Lake, 1971\u00E2\u0080\u009475\n1971 \t\n3\n3\n3\n4\n3\n$\n22,580\n29,046\n34,890\n47,126\n59,452\n$\n7,526\n9,682\n11,630\n11,781\n19,817\n+ 30.9\n+ 28.6\n+20.1\n+ 1.3\n+68.2\n2,188\n6,020\n4,533\n3,661\n2,000\n\u00E2\u0080\u0094 27.8\n1972\u00E2\u0080\u0094 \t\n+ 175.1\n1973-\t\n\u00E2\u0080\u009424.5\n1974\u00E2\u0080\u0094\t\n\u00E2\u0080\u0094 19.2\n1975 \t\n\u00E2\u0080\u009445.3\n CORPORATE, FINANCES, AND REGULATION\nS 91\nSUNFLOWER DOWNS, PRINCETON\n(July 4 and 5, 1975)\nComparative Statistics for Princeton, 1971\u00E2\u0080\u009475\nYear\nNumber\nof Days\nAmount\nWagered\nDaily\nAverage\nDaily\nPercentage\nChange\nAverage\nDaily\nAttendance\nDaily\nPercentage\nChange\n1971\t\n2\n2\n2\n2\n2\n$\n20,476\n22,764\n31,396\n36,094\n29,926\n$\n10,238\n11,382\n15,698\n18,047\n14,963\n+7.6\n+ 11.t\n+ 37.9\n+ 14.9\n\u00E2\u0080\u0094 17.0\n1,400\n1,520\n1,525\n1,250\n800\n+30.1\n+ 8.0\n+0.3\n+ 18.0\n\u00E2\u0080\u0094 36.0\n1972 \t\n1973\t\n1974\t\n1975\t\nKINSMEN PARK, VERNON\n(July 11 and 12, 1975)\nComparative Statistics for Vernon, 1971\u00E2\u0080\u009475\n1971\n1972.\n1973.\n1974\n1975\n$\n$\n2\n19,236\n9,618\n+0.9\n2\n28,302\n14,151\n+47.1\n2\n42,280\n21,140\n+49.3\n2\n53,568\n26,784\n+26.7\n2\n43,505\n21,752\n\u00E2\u0080\u0094 18.7\n1,265\n1,900\n2,250\n1,850\n1,350\n+ 1.2\n+50.2\n+ 18.4\n\u00E2\u0080\u0094 17.7\n-27.0\nQuarter-horse Racing\nA Quarter and Appaloosa horse-racing meet was presented at Meadow Creek\nPark in Surrey this year for a total of 16 evenings between July 15 and August 19.\nThe 16 events were witnessed by 43,819 fans, who wagered a total of $542,497.\nStandardbred Racing\nOn August 1 and 4, harness-racing was presented at Smokey Downs in\nSquamish with 1,770 patrons wagering $21,730 for the two days. Purse money\ndistributed was $3,100 on 15 races.\nRevenue From Horse-racing\nAll personnel employed within the confines of the major racetrack in Vancouver and the owners, trainers, and jockeys at the Interior race-meetings are required\nto be licensed by this Commission.\nAssisting the Consumer Taxation Branch, the Commission collects the social\nservices tax on the sale of horses at the supervised race-meetings.\nTo obtain a clearer picture of the revenues received by the Provincial Treasury\nfrom the racing industry, the following breakdown also includes the total pari\nmutuel betting tax:\nLicence Fees and Fines, January to December 1975\n$\nOccupational (1,313 at $1) 1,313.00\nOwners (1,246 at $5) 6,230.00\nTrainers (222 at $5) 1,110.00\n S 92\nATTORNEY-GENERAL\nLicence Fees and Fines, January to December 1975-\nProbationary trainers (48 at $5)\nJockeys (47 at $15)\nApprentice jockeys (12 at $5)\nJockey valets (3 at $1)\nJockey, agents (15 at $5)\nVeterinarians (11 at $15)\nBlacksmiths (16 at $5)\nTradesmen (13 at $15)\nStable names (134 at $10)\nPartnerships (437 at $1 per horse)\nAuthorized agents (286 at $2)\nColours ($1 for annual; $5 for life)\nCompany registrations (9 at $25)\nReissue of lost licences\nLicence fees from Interior race-meets\nLicence fees from Meadow Creek race-meets\nLicence fees from Sandown Park race-meets\nTotal\nFines\n-Continued\n$\n240.00\n705.00\n60.00\n3.00\n75.00\n165.00\n80.00\n195.00\n1,340.00\n437.00\n572.00\n790.00\n225.00\n25.00\n180.00\n197.00\n176.00\n14,118.00\n2,150.00\n16,268.00\n5 per cent social services tax collected by Commission on bills of sale 12,248.90\n5 per cent social services tax on horses claimed 53,473.00\nPari mutuel betting tax 6,387,197.00\nTotal\n6,469,186.90\n CORPORATE, FINANCES, AND REGULATION S 93\nRENT REVIEW COMMISSION\nChairman: John Brewin\nThe Rent Review Commission was created in November 1974 after the Legislature adopted amendments to the Landlord and Tenant Act, continuing rent control\ninto 1975. The amendments set the rent-increase limit for the year at 10.6 per cent,\nand gave the Commission the authority to increase the limit in special circumstances.\nThe main purpose of the Commission, however, was the conduct of an in-depth\nstudy of rent control. The study occupied eight months and resulted in a comprehensive report published in October. The study was prepared in conjunction with\nthe Department of Housing.\nBy year-end British Columbia had been joined by the rest of Canada in its rent\ncontrol policy. The Federal Government, as part of its anti-inflation program, urged\nthe provincial governments to implement rent controls, and each agreed. On\nDecember 29, the new Government confirmed that the policy embodied in the 1974\namendments will continue in 1976.\nFrom the outset the Commission has had an important public information role.\nThere 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\nvisitors. The offices in Victoria were also the centre of hundreds of requests for\ninformation. The Commission distributed 160,000 information brochures to rental\nunits and published monthly advertisements in newspapers throughout the Province.\nThe Commissioners also held a number of interviews on television and radio, including two sessions by the Chairman on Jack Webster's radio program. Frequent\nmeetings were held with representatives of tenants' and landlords' groups.\nClose liaison on a weekly basis with the Rentalsman's office was a key objective\nof the Commission.\nApplications for relief from the 10.6-per-cent limit were received from 50\nowners of mobile home parks. Twenty-two were approved. A further 92 applications were made for five-year agreements under exemption powers granted the\nCommission and 34 were accepted, resulting in agreements. In each case the tenants\nwere consulted by the Commission staff.\nThe Commission also arbitrated a number of disputes over alleged illegal rent\nincreases. In June the Commission strengthened its enforcement capacity. Most\nproblems 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\nresulted in a $600 fine levied against the offending landlord.\n 0 antatei\n.'\n0MJJV \"\"\nWEEKDAYS\n,::Htiismi'nm:rmI'~JiiK\n CORPORATE, FINANCES, AND REGULATION S 95\nOFFICE OF THE RENTALSMAN\nRentalsman: B. A. Clark\nThe Rentalsman's office was established in October 1974 to administer the\nLandlord and Tenact Act of British Columbia, with the exception of the part dealing with rent controls, administered by the Rent Review Commission.\nThe Act recognizes the relationship between a landlord and a tenant as that\nof a contract, requiring both parties to abide by their obligations. This assures a\ntenant security of tenure. It likewise protects a landlord from a nonpaying tenant\nor one who is noisy or damages the premises.\nThe Office of the Rentalsman informs people of their rights and obligations as\ntenants and landlords. It investigates, mediates, arbitrates, and rules in the various\nlandlord-tenant disputes brought before it. This mandate has created an enforcing\nagency, removing these disputes from the courts and easing the burden on an\nalready strained judicial system.\nDuring 1975 the Rentalsman, his deputies, and some 25 officers have handled\n246,489 public inquiries from around the Province. There were 11,593 dispute files.\nThese statistics indicate that most of the persons who call, write, or visit the\noffice require information only and are perfectly capable of resolving their own\ndifferences. The remaining required the Rentalsman to exercise the other powers\ngiven to him\u00E2\u0080\u0094investigation, hearings, mediation, arbitration, and rulings.\nWhile an order of the Rentalsman carries the weight of a court order, the\nemphasis is on settling disputes quickly and fairly through informal mediation.\nOf the 11,593 files opened during 1975, a total of 534 was resolved by issuing\na Rentalsman order. There were only 26 prosecutions.\nThere was a continuing and heavy demand for the Rentalsman to settle disputes concerning security deposits and essential services and repairs. But the\ngreatest 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\na near-zero vacancy rate during 1975. The inability to find a new apartment was\nreflected in the number of tenants who disputed a notice to vacate.\nThere were also two important amendments to the Landlord and Tenant Act\nduring 1975, affecting the operation of the office. The first extended to rentalsman\nofficers nearly all the powers and responsibilities that were previously vested only\nin the Rentalsman and his deputies. The other amendment established an internal\nappeal system for decisions by rentalsman officers and an external system for\nappealing the Rentalsman's decision in the courts.\nThe public education challenge evident in the statistics was met by the bulk\ndistribution of a lay summary of the Act to all landlords and tenants in the Province.\nIn addition to advertising, news media liaison, and numerous open-line appearances, a Province-wide series of workshop seminars was hosted by the Rentalsman.\n S 96\nATTORNEY-GENERAL\nLAND REGISTRY SERVICE\nDirector, Legal Services: J. V. DiCastri\nThere are seven land registration districts in the Province. The business of\neach office is conducted by an officer called the Registrar; the Inspector of Legal\nOffices, who is also the Director, Legal Services, is charged with the general supervision of the offices.\nThe responsibilities of each Registrar, in the dual role of quasi-judicial officer\nand administrator, are to interpret correctly the Land Registry Act and all applicable\nlaw and to ensure that security of title, the fundamental principle of a title registration Statute, is maintained at all times.\nThe responsibilities of the Inspector of Legal Offices are to regulate the practice\nand procedure followed in the office in order to secure uniformity and to perform\nsuch other duties as may be assigned by the Attorney-General.\nThe Inspector is also available to advise the Registrars on all legal matters and\nto perform the duties of a Registrar.\nOperations\nIn 1975 the volume of business in the seven Land Registry Offices remained at\nsubstantially the same level as in 1974. The following table shows the level pattern\nfor a nine-year period starting in 1966:\nLAND REGISTRY OFFICES-APPLICATIONS RECEIVED\n CORPORATE, FINANCES, AND REGULATION\nS 97\nThe number of applications received from January 1, 1975, to December 31,\n1975, totalled 426,214. This figure is restricted to fee\u00E2\u0080\u0094simple transfers, charges\nsuch as mortgages and agreements of sale, but does not include the many miscellaneous filings made under the Land Registry Act and other Statutes.\nThe fees received from the Land Registry Offices for 1975 totalled\n$14,806,808.79.\nNew Programs\n1. A meeting of all Registrars of Titles held in New Westminster during the\nweek of September 29 to October 3 provided an opportunity for the Registrars to\nreview a first draft of a new Land Titles Act. This represents a total rewriting of the\nLand Registry Act and incorporates a variety of proposals which, in due course, will\nbe recommended to the Attorney-General for his consideration.\n2. The 1967 \"Functional Objectives Report\" on electronic data processing for\nthe Land Registries is being updated and a report expected shortly.\nThe Victoria \"instant registration\" experiment in its original form has been\nconcluded. The experiment has confirmed that\n(a) over 30 per cent of applications received are rejected for common\nconveyancing errors;\n(b) the bulk of these applications are in the routine class;\n(c) the responsibility for making a \"preliminary inspection\" of an application properly rests with the applicant and not the Land Registry\nOffice, although a registrar from time to time may authorize the staff\nto carry out the preliminary inspection procedure as a training\nvehicle.\n3. It is expected that amendments and additions to the Land Registry Practice\nManual will be available for distribution early in the new year.\n4. The continuation of the Nelson office experiment with a new type of portable\nregister will depend upon the ability of that office to maintain a current (daily)\nmicrofilming of records so as to ensure the security of the register.\n5. As can be seen from the following table, the level of deposited plans was\nmaintained during 1975 with the accent on the upsurge in strata plan developments:\n S 98\nATTORNEY-GENERAL\nON\n-a\ns\nu\nSS\n**>\nO\nO\nw\ns\no\na,\nQ\ns\no\n1-5\nc\nto\nIBJOX\nc\nnC\nIT\nf\nNC\nr*\nNO\nto\nc\nr-\nNO\no\n\u00C2\u00AB\noc\nc\nto\nNO\nON\n\u00C2\u00A9\nno\"\nto\nC4\nON\n00\nr-\"\nin\nsnosuciiaosij^\n\u00C2\u00AB ^ l^-N r- Tt O\nNO CTn. -^ \u00C2\u00ABH Tj\" (N \u00C2\u00A9_\nro on m\npsiisodaQ\nsjuaiunooa snopEA\noj psipenv suejj\n\u00C2\u00A9 NO\nO rn\nMT.'nO\nro\nH\n\u00C2\u00A9\n\u00C2\u00A9_\nNO\n00*\"\nsuBja ^\n\u00C2\u00A9\n\u00C2\u00A9\n\u00C2\u00A9\nO\nJ3qmii|s[ Suiuunx\nON \u00C2\u00A9\n00 ON\ntnV\"\n\u00C2\u00A9\nOC\n00\ntn\nrn\n(N\nOn\nmei-Aq\nto ! n\nCN . t-l\n\u00C2\u00A9\nOn\n00\nguijsoj\n\nC\n(.\nc\na\n>\nc\ntj\nC\nh\n CORPORATE, FINANCES, AND REGULATION\nS 99\nBRITISH COLUMBIA LIQUOR BOARD\nDirector: N. A. Davidson\nThis is the second annual report of the British Columbia Liquor Board.\nDuring the year two new Acts, namely the Liquor Distribution Act and the\nLiquor Control and Licensing Act, were passed by the Legislature, but no Order\nin Council was ever passed proclaiming either of them as law. The Board spent\na great deal of time in meetings and correspondence in relation to the new Acts and\nfeels that it made considerable contributions to them.\nManagement consultants, namely Urwick Currie, were retained by the Government to do a study of the liquor administration, and this Board had several meetings\nwith them.\nAll meetings required by Statute were held in the current year.\nThe number of delegations appearing before this Board were reduced from\n1974, but we heard such delegations as The People's Republic of China, applicants for Neighbourhood Public House Licences, listings, Gastown Team, and\nlicensing generally.\nWe heard and disposed of two formal appeals, and two other appeals were\ncommenced but abandoned prior to hearing date.\nAt the annual meeting of the Canadian Association of Provincial Liquor\nCommissioners in Toronto, all Board members were present and took part in the\ndeliberations and discussions.\nWe are glad to be able to report that many of the recommendations that we\nhave made to the Attorney-General are either under active consideration or have\nbeen adopted.\nThe general volume of business in the current year (particularly the latter half)\nhas decreased significantly from that of 1974, but once the new Acts and regulations\nare proclaimed we anticipate that our Board will be called upon again with considerable frequency.\n I Km 'MBW\nj\n\u00E2\u0096\u00A0ft j \u00E2\u0096\u00A0 i\nMl l:\nmifli\n.\nll-\n1 * '.^\u00C2\u00BB s\nf 1\nm\n\u00E2\u0096\u00A0,.-.\u00E2\u0096\u00A0.--\u00E2\u0096\u00A0\u00E2\u0096\u00A0\"'\u00E2\u0096\u00A0 ......\nL^.\u00C2\u00BB\u00C2\u00BB^-^\u00C2\u00BBd\n'-\"1\n. ~.\n,*4\ntli\n**\n1 -\nf*>f\n&\u00E2\u0096\u00A0\u00C2\u00BB , *|\n<\u00E2\u0080\u00A2\u00C2\u00BB\nflt\u00C2\u00BB\nConstitutional\nAdministrati\nLaw\n9)\nlA 3\n'5b \u00C2\u00B0\n\u00E2\u0096\u00A0I*\nE \u00C2\u00AB\n0\n\u00C2\u00A3 o\nS3 c\n4> C\nCO O\naoO\nh! o\n\u00E2\u0096\u00A0n H\nc -r c\n\u00C2\u00AB \u00C2\u00A3 o\n5 W-S5\n\u00C2\u00A9Si\nC 5 o\n.9 2 0\n| 1\nS-8\nc \u00E2\u0080\u00A2-\no.'S\nCO\n.a 8\n11\n3\n2\nc\no\nM'ffl\nc\nQ\nc ^\nC o\n>> ...\n\u00E2\u0096\u00A0oSS\n3 Mig\nug\nft\n^H\n\u00C2\u00A3\n0\nHi 1\n0\nP*\u00C2\u00B0\nr\u00E2\u0080\u0094:\t\nO >>\nsi?\nm\nc3\nS c\nC U>\nC J5\n\nCU iH\n "Legislative proceedings"@en . "J110.L5 S7"@en . "1976_V01_03_S1_S131"@en . "10.14288/1.0377974"@en . "English"@en . "Vancouver: University of British Columbia Library"@en . "Victoria, BC : Government Printer"@en . "Images provided for research and reference use only. For permission to publish, copy or otherwise distribute these images please contact the Legislative Library of British Columbia"@en . "Original Format: Legislative Assembly of British Columbia. Library. Sessional Papers of the Province of British Columbia"@en . "DEPARTMENT OF THE ATTORNEY-GENERAL PROVINCE OF BRITISH COLUMBIA ANNUAL REPORT FOR THE YEAR ENDED DECEMBER 31 1975"@en . "Text"@en . ""@en .