B.C. s Prosecution Service Annual Report 2014/2015

Transcription

1 B.C. s Prosecution Service Annual Report 2014/2015

2 B.C. s Prosecution Service - Annual Report 2014/2015 Region 5 Northern Region 2 Vancouver Region 1 Vancouver Island Powell River 2 Ministry of Justice Criminal Justice Branch Office of the ADAG & Crown Law Division Region 4 Interior Region 3 Fraser

3 Service - Annual Report 2014/2015 B.C. s Prosecution Service Annual Report 2014/2015 Table of Contents Branch Vision, Mission, and Values 4 Message from the Assistant Deputy Attorney General 5 B.C. s Prosecution Service - An Overview 7 Regional Profiles 9 The Criminal Justice Process 10 Investigation 11 Charge Assessment 13 Prosecutions and Appeals 14 Sentencing 15 Stays of Proceedings 15 In Focus - Domestic Violence-Related Offences 16 In Focus - Impaired Driving Offences In Focus - Peace Officer Involved Offences 18 In Focus - Child and Youth Victims and Witnesses-Related Offences 19 Key Performance Indicators. 21 Awards & Achievements 24 Financial Information 25 3 Ministry of Justice Criminal Justice Branch

4 Criminal Justice Branch Vision Courageous, Fair and Efficient a Prosecution Service that has the confidence of the public. Branch Mission As an integral part of the Ministry of Justice, the Criminal Justice Branch will deliver on its core responsibilities in a manner that safeguards prosecutorial independence, and supports an effective justice system through communication, collaborative effort and innovation. Branch Values B.C. s Prosecution Service is governed by seven fundamental values: Fairness - We act with fairness and impartiality in our pursuit of justice. Independence - We perform our public service without regard to improper influence or interference. Rule of Law - We apply the rule of law consistently and diligently. Public Safety - We understand the importance of public safety and the need for its continued, informative role in our decision-making. Excellence - We achieve excellence by working together and by employing our skills and knowledge in accordance with the highest ethical standards. Attitude - We serve the public with courtesy and respect. Our People - We are dedicated to effectively supporting Branch staff in pursuit of their professional goals, treating one another with respect, recognizing individual achievement and sharing information, knowledge and resources. As approved by the Branch Management Committee 4 Ministry of Justice Criminal Justice Branch

5 Message from the Assistant Deputy Attorney General I am pleased to present the 2014/2015 Annual Report for the Criminal Justice Branch (the Branch), Ministry of Justice. Consistent with its organizational Vision, B.C. s Prosecution Service delivered on its statutory mandate for 2014/15 in a courageous, fair and efficient manner. The core mandate of the Branch is defined by the Crown Counsel Act, (1996) RSBC 87. On behalf of the provincial Attorney General, the Branch: (a) approves and conducts all prosecutions of offences in British Columbia that fall within the provincial Attorney s jurisdiction; (b) initiates and conducts all appeals and other proceedings for these same prosecutions; (c) conducts appeals or other proceedings for prosecutions in which the Crown is named as a respondent; Joyce DeWitt-Van Oosten, QC Assistant Deputy Attorney General (d) advises the government on criminal law matters; (e) develops policies and procedures for the administration of criminal justice in British Columbia; (f) interacts with the media and affected members of the public on matters respecting the approval and conduct of prosecutions or related appeals; and (g) completes any other function or responsibility assigned to the Branch by the Attorney General. This Annual Report brings context to our organizational performance in 2014/15 by providing: Information on the criminal justice process in British Columbia, and the role of the B.C. Prosecution Service; Operational data that assist to inform and describe Branch workload and outcomes; Status updates on Branch justice reform activities outlined in the 2014/15 CJB Strategic Plan; and, A report out on Key Performance Indicators, which are intended to guide and measure progress towards the Branch Vision. Since 2012/13, the Prosecution Service has worked diligently at implementing a number of justice reform commitments that are designed to streamline the Branch s business processes, as well as achieve systemic betterment. While information regarding these activities can be found online at prosecution-service, I would like to emphasize a few that have been accomplished thus far: 5 Ministry of Justice Criminal Justice Branch

6 Message from the Assistant Deputy Attorney General The Branch developed measures for enhanced Crown Counsel file ownership of prosecution files designed to streamline workflow and improve case management practises alongside the implementation of a series of Quality Standards, or best practises, that aim to increase efficiency in disclosure and case processing; Updated its policy on plea resolutions (Resolution Discussions & Stays of Proceedings RES 1), encouraging Crown Counsel to engage in early, principled, and informed plea resolutions; Produced and distributed training materials for police to assist with meeting their disclosure obligations when Reports to Crown Counsel are first submitted to the Branch; Completed technology improvements aimed at enhancing Crown Counsel/police interagency information-flow, including the JUSTIN/PRIME multi-push project; Developed an internal quality assurance audit committee that reviews case management practices and identifies areas for improvement; Implemented an online File Closing Survey across the Prosecution Service that gathers business intelligence on material process and file developments; Implemented a Major Case Management Model, which uses a project-management approach for the efficient and effective conduct of the Branch s largest, high profile cases; and, Developed and implemented a proactive external communications strategy designed to enhance transparency in Branch decision-making on high profile prosecutions that attract public attention. The current 2015/16 CJB Strategic Plan includes details on a number of additional reforms that the Branch is presently pursuing, in alignment with its Vision. This plan is available online at The Prosecution Service s commitment to continuous improvement of the justice system through reform initiatives is made while recognizing that its first operational priority is to effectively conduct the prosecutions and appeals that fall within its statutory mandate. I consider it a true privilege to lead B.C. s Prosecution Service. Over the past year, I have once again been impressed with this organization s dedication to its role, commitment to principled decision-making and to the ability to work collaboratively with other justice sector partners as part of a shared commitment to a fair and effective system. As Assistant Deputy Attorney General, I am very grateful for the continued commitment and professionalism of the legal, administrative, and managerial staff of the Criminal Justice Branch. Thank you, to each and every one of them. 6 Ministry of Justice Criminal Justice Branch

7 B.C. s Prosecution Service - An Overview Responsibility for the administration of justice in Canada falls to the provinces and territories. B.C. s Prosecution Service has the statutory obligation for the prosecution function in British Columbia, including assessing all information forwarded by police and other investigative agencies to determine whether charges should be laid. The Prosecution Service is headed by the Assistant Deputy Attorney General for criminal justice, supported by a number of Directors and, in each Region, by a Regional Crown Counsel. Prosecutors in B.C. are also known as Crown Counsel. Crown Counsel appear in court as agents for the Attorney General, are officers of the court and perform their duties as defined by legislation, including Canada s Criminal Code and British Columbia s Crown Counsel Act. The Assistant Deputy Attorney General is charged with the administration of the Criminal Justice Branch and has independent authority for the conduct and supervision of all criminal prosecutions. While the Branch is part of the Ministry of Justice, the prosecutorial function is delivered independent of government to protect it from political interference. This protection is made transparent by the Crown Counsel Act. For example, the Attorney General, an elected official, may direct the Assistant Deputy Attorney General on individual prosecutions or appeals, but must do so in writing and the direction must be published in the B.C. Gazette, the official public legal record of government notices. Role of Crown Counsel Crown Counsel exercise a quasi-judicial function under Canada s system of law and have a paramount duty to see that justice is done in each case. When a crime is committed against a victim, it is also a crime against our society as a whole. Therefore, prosecutors do not represent individual victims; they perform their function on behalf of the community. In practice, this means that while Crown Counsel conduct prosecutions vigorously, their first duty is to ensure that the trial process is fair, the evidence is presented thoroughly and accurately and the integrity of the justice process is maintained. Crown Counsel are entrusted with the prosecution of all offences and appeals in British Columbia which arise under Canada s Criminal Code and do not fall within the jurisdiction of the federal prosecution service (such as prosecutions under the Controlled Drugs and Substances Act). They also prosecute provincial regulatory offences. British Columbia is one of three provinces in Canada where prosecutors decide whether criminal charges should be laid before a matter enters the court system. This is known as pre-charge assessment. Police or another investigative agency prepare a Report to Crown Counsel (RCC) with evidence relating to an alleged offence. Crown Counsel independently assess whether charges should be laid, based on the whole of the available evidence contained in the RCC. The charge assessment guidelines applied by the Criminal Justice Branch in reviewing all RCCs are established by Branch policy Charge Assessment Guidelines (CHA 1), which is available online. The charge assessment standard continues to apply throughout the prosecution. Where the standard for continuing a prosecution is no longer met, Crown Counsel must stay (terminate) the charges. Where charges are not approved, Crown Counsel are available to meet with the complainant to explain the reasons for the decision when requested. The expertise of Crown Counsel in conducting charge assessment adds significant value to B.C. s criminal justice system by ensuring, as much as reasonably possible, that only viable cases proceed. Oversight of the charging process by Crown Counsel acts as a safeguard against miscarriages of justice. 7 Ministry of Justice Criminal Justice Branch

8 B.C. s Prosecution Service - An Overview Role of Special Prosecutors Special prosecutors are appointed by the Assistant Deputy Attorney General under the Crown Counsel Act when there is a significant potential for perceived or real improper influence in prosecutorial decision-making in a given case. The paramount consideration is the need to maintain public confidence in the administration of criminal justice. Special prosecutors are appointed from a list of senior lawyers in private practice. A lawyer s inclusion on the list is reviewed every five years, and approved by both the Assistant Deputy Attorney General for the Criminal Justice Branch and the Deputy Attorney General. The review includes asking the Law Society to conduct searches of its records to determine the standing of the lawyer. This process ensures a consistent high standard is applied to cases which are referred to a special prosecutor. Only the head of B.C. s Prosecution Service has authority to appoint a special prosecutor and to define the special prosecutor s mandate. Once appointed, special prosecutors are independent of B.C. s Prosecution Service. They must adhere to the policies of the Criminal Justice Branch when conducting their cases, including the Branch s charge assessment guidelines. However, they make their decisions independent of the Branch. Where there is a decision to prosecute, the special prosecutor would ordinarily conduct the prosecution and any subsequent appeals. Role of the Attorney General as Chief Law Officer of the Crown The Attorney General superintends all matters connected with the administration of criminal justice in British Columbia that are not within the jurisdiction of the federal government, including the prosecution of criminal and regulatory offences. In carrying out this responsibility, the Attorney General must act independent of political pressures from government and other external bodies. The Attorney s independence is so fundamental to the integrity and efficiency of the criminal justice system that it is constitutionally entrenched. This ensures that the Attorney s agents, Crown Counsel, can properly fulfill their quasi-judicial role as ministers of justice. The role of minister of justice is governed by fundamental principles, each of which seeks to maintain, promote and defend the common good. These include protecting fair trial interests; assisting the court in its truthseeking function; conducting prosecutions with dignity, objectivity and impartiality; exercising restraint in the application of the criminal law; and respecting the individualization of justice. The administrative relationship between the Attorney General, the Criminal Justice Branch and Crown Counsel is defined with reference to the Attorney General Act and the Crown Counsel Act. Under this framework, the Attorney retains supervisory authority and is accountable to the Legislature for the conduct of Crown Counsel. The Attorney is entitled to be told in advance of major or difficult prosecutions so that, should the need arise, the Attorney might exercise his or her ultimate power of direction in the public interest. The Crown Counsel Act contains publication provisions for directions provided by the Attorney General or Deputy Attorney General to the Criminal Justice Branch. Section 5 mandates that directions on specific prosecutions or appeals be published in the B.C. Gazette. Section 6 is permissive. Directions provided in respect of Criminal Justice Branch policy or Branch administration can be published at the discretion of the Assistant Deputy Attorney General. 8 Ministry of Justice Criminal Justice Branch

9 Regional Profiles Vancouver Island - Powell River Region The Vancouver Island - Powell River region of B.C. s Prosecution Service encompasses Vancouver Island and the Powell River area of the Sunshine Coast. Nine prosecution offices serve nearly 100 communities. The regional headquarters is in Victoria. Vancouver Region The Vancouver region includes the urban communities of Vancouver, Burnaby, Richmond, West Vancouver, and the City and District of North Vancouver. It also encompasses the communities of Sechelt, Gibsons, Squamish, Whistler, Pemberton, Mount Currie and the Bella Bella, Bella Coola and Klemtu circuit courts. The regional headquarters is in downtown Vancouver. Fraser Region The Fraser Region is the most populous of the regions in the Province, and has Crown offices in New Westminster, Port Coquitlam, Surrey, Abbotsford, and Chilliwack. The Fraser Region serves over 15 cities and communities from New Westminster on the west to Boston Bar on the east. The regional headquarters are in New Westminster. Interior Region The Interior region comprises central and southeastern British Columbia, an area that includes the Thompson, Okanagan and Kootenay river valleys. In conjunction with 46 RCMP detachments and seven prosecution offices, Criminal Justice Branch staff serve 21 court locations. The regional headquarters is in Kelowna. Northern Region The Northern region covers two-thirds of the province, a vast geographical area that stretches from the Yukon border in the north to 100 Mile House in the south, the Alberta border to the east and the Haida Gwaii Islands in the Pacific Ocean in the west. With regional headquarters in Prince George, the Northern region operates out of 10 offices and serves 30 communities. Crown Law Division The Crown Law Division (CLD) has offices in both Vancouver and Victoria. Serving the entire province, CLD operations include conducting indictable appeals in the B.C. Court of Appeal and Supreme Court of Canada. CLD also houses the Branch s Major Case Management project team, and conducts specialized prosecutions and applications related to organized crime, proceeds of crime, securities, commercial crime, and occupational health and safety. It provides policy coordination and constitutional litigation support to prosecutors across the province, and manages the Branch s professional development services for Crown Counsel and administrative staff. Office of the Assistant Deputy Attorney General The Office of the Assistant Deputy (OADAG) has primary responsibility for the Branch s business operations, as well as policy development and legislative updates, strategic planning, business intelligence, communications, security, financial, technology, information and privacy, and human resource services. Offices are located in Vancouver and Victoria. 9 Ministry of Justice Criminal Justice Branch

10 The Criminal Justice Process INVESTIGATION CHARGE ASSESSMENT PROSECUTION SENTENCING APPEALS Police investigate possible crime. If warranted, police or other investigative agencies submit to Crown a Report to Crown Counsel (RCC) for charge assessment. Crown receives RCC which is then subject to charge assessment: Is there a substantial likelihood of conviction? Is prosecution required in the public interest? Crown Counsel can: Lay charges; Not lay charges; Refer person to an alternative measures program; or If charges are laid, Crown Counsel conducts a prosecution against the accused on behalf of the community. Trials may be held in Provincial Court or the Supreme Court of BC. The trial will determine if the accused is found: not guilty; or guilty. If the accused is found guilty after a trial, or pleads guilty to charges, a sentence will be imposed. The decision of the judge or jury is final. However, that decision may be appealed. An appeal is a formal request for change to the decision believing an error was made in some important aspect of the trial. Appeals can be initiated: from a conviction and/or sentence; from an acquittal Refer matter back to investigative agency for more information. 10 Ministry of Justice Criminal Justice Branch

11 The Criminal Justice Process Investigation When an alleged crime is reported to an investigative agency such as the police, or the agency itself identifies a possible offence, the agency will investigate and decide whether the incident warrants forwarding a Report to Crown Counsel (RCC) to B.C. s Prosecution Service. Crown Counsel do not investigate offences. It is the responsibility of the investigative agency, which functions independently from the Prosecution Service, to investigate and to exercise its own discretion in deciding whether to forward a RCC for charge assessment and prosecution. 1. OVERVIEW OF SIGNIFICANT FACTS 2014/2015 Vancouver Island - Powell River Vancouver Fraser Interior Northern CLD & OADAG B.C. Total Population of region* 759,725 1,146,312 1,706, , ,729 n/a 4,631,302 Number of Crown offices Number of courts (including circuit courts**) n/a 82 VOCA victims*** 4,382 3,793 5,293 2,411 2, ,486 Total witnesses required 32,148 39,873 46,824 22,530 21, ,694 Notes: * Population Estimates from BC Stats. Regions used are Health Authority Regions. Cities within each Health Authority Region may not totally align with CJB regions. ** Circuit Court: Defined as the practice of judges travelling within a defined circuit to hear cases in various communities. This practice is common in rural and geographically remote areas of British Columbia. *** VOCA victims: As defined in B.C. s Victim of Crime Act: An individual who suffers physical or mental injury or economic loss because of an offence. There can also be secondary victims who have suffered emotional trauma because of an offence caused against a family member. 11 Ministry of Justice Criminal Justice Branch

12 The Criminal Justice Process 2. REPORTS TO CROWN COUNSEL RECEIVED Total RCCs* 64,343 65, % Total Accused 67,850 69, % Adults Accused 63,522 65, % Young Persons** Accused 4,328 4, % Young Persons % of total 6.4% 5.9% -7.8% Notes: * In an effort to continually improve the quality and reliability of the Branch and justice system data sets, all data presented in this annual report has been updated to more accurately reflect volumes and results, including those from an historical perspective. This process generally involves the review and confirmation of the business rules associated with data elements, as well as a review and updating of the Branch data refresh policy. The data source for the following tables is JUSTIN, unless otherwise noted. ** Young Person is defined as a person between 12 to 17 years of age. This age group is also referred to as youth. 3. REPORTS TO CROWN COUNSEL RECEIVED BY REGION Criminal Justice Branch Total 64,343 65, % Vancouver Island - Powell River 13,311 13, % Vancouver 14,670 14, % Fraser 16,231 17, % Interior 10,530 10, % Northern 9,390 9, % CLD and Office of the ADAG* % Note: *Crown Law Division and the Office of the ADAG are secondary receivers of some files, and therefore file management processes differ from other Regions (i.e. appeal files). 4. REPORTS TO CROWN COUNSEL RECEIVED MURDER, ATTEMPTED MURDER & MANSLAUGHTER OFFENCES Total RCCs: Murder, Attempted Murder and Manslaughter % 12 Ministry of Justice Criminal Justice Branch

13 The Criminal Justice Process Charge Assessment When B.C. prosecutors receive a RCC from police or another investigative agency, they assess whether charges should be laid against the person or persons named in the RCC. Crown Counsel review every RCC in accordance with the Criminal Justice Branch s two-pronged charge assessment guideline. This standard forms part of the Crown Counsel Policy Manual ( a public document that guides prosecutors in exercising their discretion. Crown Counsel can decide that no charges should be laid, charges should be laid or the accused person should be referred to an alternative measures program rather than go to court. The proportion of accused persons approved to court annually is approximately 84 per cent. Any RCC received from the police or other investigative agency may contain information on both a number of accused persons and a number of related charges. Once the charge assessment has been conducted on the contents of a RCC and approved to court, a new prosecution file is created, which can involve one or more accused, on one or more charges. The formal court process is initiated by the swearing of an Information (the charging document). On occasion, a Direct Indictment may function as the charging document. 5. CHARGE DECISIONS 2014/2015 Approved to Court Alternative Measures No Charge Returned to Investigative Agency Total Charge Assessments Total Charge Decisions on Accused Persons Charge Decisions involving Accused Adults Charge Decisions involving Accused Young Persons 58, ,948 2,242 69,276 54, ,452 2,115 65,189 3, ,087 In some circumstances, police may lay charges over the weekend, or after regular office hours. These policelaid charges, which account for about six per cent of the total charges laid by the Branch, are then individually reviewed by Crown Counsel and a determination is made on whether the charges should continue. Once Crown Counsel has assessed a police-laid charge, they take conduct of the file, it moves into the regular scope of their duties and the file is processed in the same manner as a prosecution that was initiated by the Branch. To guard against unreasonable delay in the criminal justice process, Crown Counsel conduct charge assessments as quickly as possible, consistent with a thorough analysis and principled decision making. For more complex cases, the charge assessment process may take a considerable period of time. In 2014/2015: 58 per cent of charge assessments were done by the end of day 1 of the RCC being submitted to Crown Counsel [first full working day after the RCC is received]; 65 per cent by the third day; 76 per cent by the seventh day; 13 Ministry of Justice Criminal Justice Branch

14 The Criminal Justice Process 85 per cent by the 15th day; and 91 per cent by the end of the 30th day. Prosecutions & Appeals Crown Counsel conduct prosecutions and appeals in every level of court: the Provincial Court of B.C., B.C. Supreme Court, B.C. Court of Appeal and Supreme Court of Canada. When doing so, they must comply with any statutory or common law procedural and evidentiary rules that apply to criminal trials and appeals, including rules that govern the admissibility of evidence. Crown Counsel must also inform their decision making with the constitutional rights that are guaranteed under the Canadian Charter of Rights and Freedoms. Crown Counsel do not act for victims of a crime. Rather, Crown Counsel appear in court as agents for the provincial Attorney General and conduct the prosecution on behalf of the community. However, both Crown Counsel and the Branch s administrative support staff are responsible under the provincial Victims of Crime Act for ensuring that victims are made aware of available community and police-based victim assistance programs, and that there is a reasonable opportunity to have the impacts of an offence brought to the attention of the court in the form of a completed Victim Impact Statement. 6. CONCLUDED PERSONS Total Concluded* Persons 58,283 58, % Adults 54,530 54, % Young Persons 3,753 3, % Note: Each accused person is considered to be concluded for the purpose of Branch data when a final court decision has been reached. 7. CONCLUDED PERSONS BY OFFENCE TYPE 2014/2015 Total Concluded Persons 58,283 58, % Concluded Persons - Non-Violent Offences 44,430 45, % Concluded Persons - Violent Offences 13,853 13, % Note: The Criminal Code of Canada encompasses a large number of offence categories. The Canadian Centre for Justice Statistics (CCJS) collects police-reported crime statistics through the Uniform Crime Reporting Survey (UCR2). This incident-based survey, in which data on characteristics of incidents, victims and accused are captured, classifies incidents according to the most serious offence (MSO). Some tables compare accused persons with non-violent offences and those with offences classified as violent, the majority of these being sexual assaults, uttering threats, serious assaults, or common assaults. 14 Ministry of Justice Criminal Justice Branch

15 The Criminal Justice Process Sentencing Generally, about 64 per cent of the matters for which charges are approved and proceed to court result in a conviction by way of guilty plea or a verdict after trial. The remaining 36 per cent are either judicially stayed, stayed by Crown Counsel because they no longer meet the charge assessment standard (and are therefore no longer viable for prosecution), are acquitted, abated, or otherwise concluded. If an accused pleads guilty or is found guilty after a trial, Crown Counsel are responsible for making a recommendation on sentence. The final sentencing decision is made independently by the court. Post-sentence reviews, applications, appeals and other legal processes may result in some matters related to a concluded file being revisited. 8. FINDINGS OF CONCLUDED PERSONS 2014/2015 Not Guilty Stayed Guilty Peace Bonds Other Total Concluded Concluded Persons ,053 37,577 2, ,705 Percentage 1.6% 29.1% 64.0% 4.9% 0.4% 100% Stays of Proceedings Throughout the course of a prosecution, Crown Counsel have an ongoing obligation to assess the viability of each prosecution and ensure that it continues to meet the Branch s charge assessment standard. Many dynamics can change after charges are initially approved, including (but not limited to): material changes in the strength of the prosecution s evidence; new evidence that would provide a principled basis for a finding of reasonable doubt; witness non-availability and/or lack of co-operation; or changes in the assessment of the public interest in a formal prosecution. Whenever Crown Counsel is satisfied that the Branch s charge assessment standard is no longer met, Crown Counsel must terminate the prosecution by directing a stay of proceedings. Based on the Branch s internal File Closing Survey results, approximately 50 per cent of stays directed by Crown Counsel nonetheless resulted in some form of consequence or guilty finding for the accused persons, such as a Peace Bond, referral to an alternative measures program, or a guilty plea on another file. 9. DECISIONS BY STAY TYPE BY OFFENCE TYPE 2014/2015 Total Concluded Persons (Adults & Young Persons) Crown Stays Judicial Stays % of Total Concluded Persons Stayed, per Offence Type Total Concluded Persons (Adults & Young Persons) Total Concluded Persons Non-Violent Offences Total Concluded Persons Violent Offences 58,705 17, % 45,690 12, % 13,015 4, % 15 Ministry of Justice Criminal Justice Branch

16 In Focus - Domestic Violence-Related Offences Domestic Violence-related offences, or spousal violence offences, are defined as physical or sexual assault, or the threat of physical or sexual assault, against an intimate partner, defined as a person with whom the offender has, or has had, an ongoing close and personal or intimate relationship, whether or not they are legally married or living together at the time of the assault or threat. The gender or sexual orientation of the accused and the victim are not relevant. The Criminal Justice Branch recognizes that spousal violence constitutes a very serious and complex problem requiring a special response which is pro-active, coordinated and vigorous. The Branch recognizes its pivotal role in these cases, and it is committed to working effectively and cooperatively with its justice system partners. In 2014/2015, 22 per cent of Reports to Crown Counsel received by the Branch were identified as being Domestic Violence-related Offences. 10. REPORTS TO CROWN COUNSEL DOMESTIC VIOLENCE-RELATED OFFENCES Total RCCs received identified as Domestic Violence-related 14,462 14, % 11. CHARGE DECISIONS DOMESTIC VIOLENCE-RELATED OFFENCES 2014/2015 Approved to Court Alternative Measures No Charge Returned to Investigative Agency Total Charge Assessments Charge Decisions involving Domestic Violence-related offences 12, , , CONCLUDED PERSONS DOMESTIC VIOLENCE-RELATED OFFENCES Concluded Persons involving Domestic Violence-related offences 12,489 12, % 13. FINDINGS OF CONCLUDED PERSONS DOMESTIC VIOLENCE-RELATED OFFENCES 2014/2015 Not Guilty Stayed Guilty Peace Bonds Other Total Concluded Total Concluded Persons Domestic Violence-related offences 234 4,645 6,126 1, ,723 Percentage 1.8% 36.5% 48.1% 13.1% 0.4% 100%

17 In Focus - Impaired Driving Offences Impaired driving offences are serious, prevalent and pose a substantial threat to the safety of the public. They include offences under the Criminal Code and the Motor Vehicle Act. Impaired driving offences have two categories - those offences causing bodily harm or death; and those that do not, including offences under the following sections of the Criminal Code: 253(1)(a) Care of Control of Vehicle/Vessel while Impaired; 253(1)(b) Care and Control of Vehicle/Vessel with over 0.08 Blood Alcohol Level; and 245(5) Failure or Refusal to Provide Sample. Since the introduction of government s Immediate Roadside Prohibition (IRP) program in 2010, there has been a decrease of approximately 80% in impaired driving-related RCCs received by the Branch. 14. REPORTS TO CROWN COUNSEL IMPAIRED DRIVING OFFENCES Total RCCs involving Bodily Harm or Death Total RCCs not involving Bodily Harm or Death % 1,356 1, % 15. CHARGE DECISIONS IMPAIRED DRIVING OFFENCES 2014/2015 Approved to Court Alternative Measures No Charge Returned to Investigative Agency Total Charge Assessments Charge Decisions involving Bodily Harm or Death Charge Decisions not involving Bodily Harm or Death , , CONCLUDED PERSONS IMPAIRED DRIVING OFFENCES Concluded Persons - Offences causing Bodily Harm or Death Concluded Persons - Offences not causing Bodily Harm or Death % 1,996 1, % 17. FINDINGS OF CONCLUDED PERSONS IMPAIRED DRIVING OFFENCES 2014/2015 Not Guilty Stayed Guilty Peace Bonds Other Total Concluded Concluded Persons - Offences causing Bodily Harm or Death Concluded Persons - Offences not causing Bodily Harm or Death , ,266

18 In Focus - Peace Officer Involved Offences There are occasions where a police officer or other investigative officer is accused of committing an offence - either on- or off-duty. These matters are referred to the Prosecution Service through the regular process; or in circumstances where there was a death or serious harm, through the Independent Investigations Office of BC (IIO). The Branch received 50 Reports to Crown Counsel involving an accused peace officer during the fiscal year, of which 36 per cent came directly from the IIO for assessment. All decisions made by the B.C. Prosecution Service to not approve charges against a peace officer on an RCC received from the IIO are made public. The Branch s Media and Clear Statements can be accessed through its external website ( It is important to note that the IIO refers files to the B.C. Prosecution Service for charge assessment using a low-threshold test. The Chief Civilian Director is statutorily obliged to refer files whenever the Chief concludes that an officer may have committed an offence. To approve charges, Crown Counsel must be satisfied a higher charging standard has been met. 18. REPORTS TO CROWN COUNSEL PEACE OFFICER(S) ACCUSED Total RCCs received involving Accused Peace Officers % 19. CHARGE DECISIONS PEACE OFFICER(S) ACCUSED 2014/2015 Approved to Court Alternative Measures No Charge Returned to Investigative Agency Total Charge Assessments Charge decisions involving Accused Peace Officers CONCLUDED PERSONS PEACE OFFICER(S) INVOLVED Total Concluded Persons Peace Officers % 21. FINDINGS OF CONCLUDED PERSONS PEACE OFFICER(S) INVOLVED 2014/2015 Not Guilty Stayed Guilty Peace Bonds Other Total Concluded Total Concluded Persons Peace Officers Percentage 6.1% 39.4% 51.5% 3.0% n/a 100%

19 In Focus - Child and Youth Victims-Related Offences The Criminal Justice Branch recognizes that cases with child or youth victims and witnesses often present unique and complex issues. An individual may be a victim of crime, a witness to a crime or both. The Branch delineates an individual's participation in a prosecution as either 'identified' or 'required.' 'Identified' individuals are known victims and/or witnesses of the alleged crime. If an individual s testimony is deemed necessary for trial, then their classification changes to 'required.' Required individuals may not necessarily have to testify at trial. The case may be resolved, or their evidence may be admitted. 22. REPORTS TO CROWN COUNSEL ACCUSED PERSONS WITH ONE OR MORE CHILD/YOUTH VICTIM(S) REQUIRED 2014/2015 Adults Young Persons Total RCCs Received Total Accused Persons with one or more Child/Youth Victim(s) Required Accused Persons with one or more Child/Youth Victim(s) Required - Non-Violent Offences Accused Persons with one or more Child/Youth Victim(s) Required - Violent Offences 1, , , CHARGE DECISIONS ACCUSED PERSONS WITH ONE OR MORE CHILD/YOUTH VICTIM(S) REQUIRED 2014/2015 Approved Alternative No Returned to Total Charge to Court Measures Charge Investigative Agency Assessments Total Charge Decisions with one or more Child/Youth Victim(s) Required Charge decisions with one or more Child/Youth Victim(s) Required Non-Violent Offences Charge decisions with one or more Child/Youth Victim(s) Required Violent Offences 1, ,581 1, , CONCLUDED PERSONS WITH ONE OR MORE CHILD/YOUTH VICTIM(S) REQUIRED 2014/2015 Adults Young Persons Total Concluded Total Concluded Persons 54,995 3,710 58,705 Concluded Persons with one or more Child/Youth Victim(s) Required % Concluded Persons with one or more Child/ Youth Victim(s) Required 1, , % 12.6% 2.9%

20 In Focus - Child and Youth Victims-Related Offences 25. CONCLUDED PERSONS WITH ONE OR MORE CHILD/YOUTH VICTIM(S) REQUIRED BY OFFENCE TYPE Concluded Persons with one or more Child/Youth Victim(s) Required - Non-Violent Offences Concluded Persons with one or more Child/Youth Victim(s) Required - Violent Offences 1,579 1, % % 26. FINDINGS OF CONCLUDED PERSONS WITH ONE OR MORE CHILD/YOUTH VICTIM(S) REQUIRED 2014/2015 Not Guilty Stayed Guilty Peace Bonds Other Total Concluded Total Concluded Persons with one or more Child/Youth Victim(s) Required Total Concluded Persons with one or more Child/Youth Victim(s) Required Non-Violent Offences Total Concluded Persons with one or more Child/Youth Victim(s) Required Violent Offences , , DECISIONS BY STAY TYPE BY OFFENCE TYPE WITH ONE OR MORE CHILD/YOUTH VICTIM(S) REQUIRED 2014/2015 Total Concluded Persons with one or more Child/Youth Victim(s) Required Crown Stays Judicial Stays % of Total Concluded Persons Stayed, per Offence Type Total Concluded Persons with one or more Child/Youth Victim(s) Required Total Concluded Persons with one or more Child/Youth Victim(s) Required Non-Violent Offences Total Concluded Persons with one or more Child/Youth Victim(s) Required Violent Offences 1, % 1, % %

21 Key Performance Indicators The Branch s Key Performance Indicators (KPIs) are aligned with and designed to measure improvement in achieving its Vision: Courageous, Fair and Efficient A Prosecution Service that has the Confidence of the Public. In 2013/14, the Branch developed a series of Key Performance Indicators (KPIs) as a means of assessing progress towards its strategic goals and organizational vision. Branch KPIs are reported out externally in the CJB Strategic Plan and Annual Report, and, internally, progress is monitored quarterly by Branch Management Committee. CATEGORY INDICATOR Judicial Stays of Proceedings (for delay only) Charge Assessment turnaround time Goal One BC s Prosecution Service is fair Time to Case Disposition % of files that resolve at or before arraignment Goal Two BC s Prosecution Service protects people % of Domestic Violence-related files with early resolution % of files meeting Branch compliance obligations under the Victims of Crime Act (VOCA) Goal Three BC s Prosecution Service is sustainable % of files where Crown Counsel perform online charge assessments Goal Four BC s Prosecution Service has the public s confidence # of CJB Media Statements produced with Clear Statements Goal Five BC s Prosecution Service values its workforce Workforce Engagement Survey score 21 Ministry of Justice Criminal Justice Branch

22 Key Performance Indicators 28. JUDICIAL STAYS OF PROCEEDINGS - DELAY ONLY 2014/2015 Any person charged with an offence has the right to be tried within a reasonable time under section 11(b) of the Canadian Charter of Rights and Freedoms. A judicial stay of proceedings may be granted by the court when the judge determines that there has been an unreasonable delay in the proceedings. This indicator measures the number of times in the reporting period where a judge stayed a criminal court case under the conduct of the Branch, due specifically to delay. Total Concluded Persons (Adults & Young Persons) % Data source: Court Services Branch 29. CHARGE ASSESSMENT TURNAROUND TIME 2014/2015 This indicator measures how many days it takes Crown Counsel to undertake charge assessment, from the date a Report to Crown Counsel is received to the date Crown Counsel makes a charge decision. Days to Completion 2013/ /2015 Within 0-1 days 57% 58% Within 3 days 65% 65% Within 7 days 75% 76% Within 15 days 84% 85% Within 30 days 90% 91% Data source: JUSTIN 30. TIME TO CASE DISPOSITION 2014/2015 (NUMBER OF DAYS BETWEEN SWORN AND CONCLUDED) This indicator measures how many days it takes for a case to conclude, from the date the file was sworn or filed in court to the date that it concluded. Note that the median is less susceptible to the influence of outliers and skewed data. Average % Median % Data source: JUSTIN 31. PERCENTAGE OF FILES RESOLVING AT OR BEFORE ARRAIGNMENT 2014/2015 This indicator measures the percentage of File Closing Surveys submitted by Crown Counsel where the prosecutor indicated that the file resolved at the initial appearance phase or at arraignment, which is a hearing in front of a Judge or Justice of the Peace where the accused decides whether to plead guilty or go to trial. 66.1% 69.2% 3.1% 22 Ministry of Justice Criminal Justice Branch Data source: CJB File Closing Survey

23 Key Performance Indicators 32. PERCENTAGE OF DOMESTIC VIOLENCE-RELATED FILES WITH EARLY RESOLUTION 2014/2015 This indicator measures the percentage of File Closing Surveys submitted by Crown Counsel where the file was designated in JUSTIN as a domestic violence-related file and Crown Counsel indicated that the file resolved at the initial appearance phase or at arraignment. Files that resolve via a guilty plea typically include a court order with terms and conditions which govern the offender s behaviour in the community, such as counselling, no contact orders, or other restrictions. 61.6% 63.6% 2.0% Data source: JUSTIN and File Closing Survey 33. COMPLIANCE WITH VICTIMS OF CRIME ACT OBLIGATIONS 2014/2015 This indicator measures the percentage of Victim s of Crime Act (VOCA) victims that were offered a victim impact package. VOCA victims 2013/ /2015 Total VOCA Victims Identified 19,769 19,961 Victim Impact Statements Sent 19,586 19,599 Percent of Victim Impact Statements Sent 99.1% 98.2% Data source: JUSTIN 34. PERCENTAGE OF FILES WHERE CROWN COUNSEL PERFORMED ONLINE CHARGE ASSESSMENTS 2014/2015 This indicator measures the percentage of charge assessments performed by Crown Counsel online. A higher percentage reflects increased compliance with Branch Quality Standards intended to improve charge assessment efficiency and quality assurance. Region # of Charge Assessments # Completed Online Total Percentage Criminal Justice Branch Total 69,303 New Measure - Data unavailable until 2015/2016 New Measure - Data unavailable until 2015/2016 Data source: JUSTIN 35. MEDIA STATEMENTS / CLEAR STATEMENTS 2014/2015 In order to maintain confidence in the integrity of the criminal justice system, at times Media Statements are released, explaining Branch decisions. This indicator measures the number of CJB Media Statements produced. Some will have Clear Statements attached, providing a detailed explanation of a charge assessment. # of Media Statements # with Clear Statement Criminal Justice Branch Total Data source: CJB Internet 36. WORKFORCE ENGAGEMENT SCORE 2013 SURVEY This indicator measures the overall level of Branch workforce engagement, including job satisfaction. The Work Environment Survey is a measure of employee engagement in the BC Public Service Change from 2011 Criminal Justice Branch Total Data source: Workforce Environment Survey, BC Stats 23 Ministry of Justice Criminal Justice Branch

24 Awards and Achievements Nicola Mahaffy, Crown Counsel at 222 Main Street, who was elected to be an executive member of the International Association of Prosecutors (IAP) during the annual conference in Dubai, United Arab Emirates, November 23-27, Wendy Stephen, Q.C., New Westminster Crown Counsel, term on the IAP Executive Committee and as Vice President for North America and the Caribbean came to an end on November 26th, 2014, and she has now become a Senator of the IAP. Wendy was also honoured at the AGM by being made an honorary life member of the IAP. Geordie Proulx, Q.C., Region 2 Crown Counsel, received the Queen s Counsel designation in 2014/15, an honour conferred on members of the legal profession to recognize exceptional merit and contribution. In fiscal 2014/2015, Carmen Rogers, Q.C., was appointed to the Provincial Court of British Columbia. Robert (Bob) Wright, Q.C Premier s Legacy Award Winner. Bob Wright was one of two persons awarded the 2014 Premier s Innovation and Excellence Award for Legacy contributions at a ceremony held in Victoria. He was also inducted into a newly created Hall of Excellence for the BC Public Service. Legacy recognition is awarded for exceptional and lasting contributions to the BC Public Service and/or the Province of British Columbia during a public service career of at least 15 years. In May 2015, the Branch honoured its own at the annual Crown Counsel Conference. Regional recognition awards for excellence in service in 2014/2015 were presented to: Region 1 Kimberly Henders Miller Region 2 (Riot team) Patti Tomasson, Daniel Porte, Rod Flannigan, Michelle Booker, Lara Sarbit, Tara Laker, Susanne Smith-Kerr, Michele Peacock, Rosanne Sinclair and Jacinta Lawton, along with administrative staff Genevieve Dionne, Adrianna Waller, Rachelle Barnet and Elizabeth Hwang Region 3 Peter Ng & Bruce Stewart Region 4 Murray Kaay Region 5 (Legebokoff team) Joseph Temple, Lara Vizsolyi, Debra Larsen and Oleh Kuzma, Q.C. Administrative staff recognized were Marie Nesbit, Gayle McRoberts and Stan Khan. Crown Law Division Elizabeth Campbell OADAG Art Hargrove 24 Ministry of Justice Criminal Justice Branch

25 Financial Information The B.C. Prosecution Service continued to face a challenging fiscal environment in 2014/15. Many areas of expenditure, including hiring, employee travel, contracts and office supplies remained subject to centralized controls. CJB received contingencies vote access for pressures related to the costs of salary increases resulting from the Crown Counsel Agreement. 37. BUDGET AND EXPENSES 2014/2015 Estimates Budget $ million Other Authorizations $6.1 million Total Authorized Budget $ million Expenses $ million Variance ($1.177) million (deficit) Note: Expenditure amounts are rounded to the nearest thousand. 25 Ministry of Justice Criminal Justice Branch

26 For more information on the Criminal Justice Branch, please visit: 26 Ministry of Justice Criminal Justice Branch