Whereas prolific offenders in British Columbia are routinely released without consequences or meaningful conditions imposed upon them; And whereas the BC Prosecution Services vision statement guides them to make impartial charge assessment decisions that promote public safety, justice, and respect for the rule of law; And whereas the BC Prosecution Service often determines not to recommend charges be pursued for criminal offenses that are referred by the RCMP, as charges are not in the public interest: Therefore be it resolved that that UBCM ask the provincial government to ensure the BC Prosecution Service Crown Counsel live up to its vision, mission, and value statements and consider public safety and fairness when dealing with prolific offenders, and furthermore that guidelines be developed as to what constitutes the public interest with respect to pursuing charges for criminal offences.
Ministry of Public Safety and Solicitor General As part of the Provincial Governments Safer Communities Action Plan, announced November 20, 2022, ministry staff are undertaking work that includes launching new repeat violent offender co-ordinated response teams composed of police, dedicated prosecutors, and probation officers; expanding mental-health crisis response teams into more communities; and new direction from the Attorney General to prosecutors to implement a clear and understandable approach to bail for repeat violent offenders within the existing federal law. Our government is committed to working with partners in the health, public safety and justice sectors, as well as Indigenous and local governments to quickly implement changes to improve public safety for everyone. Many initiatives are already underway to provide people who have been committing repeat offences with the supports they need to break out of the cycle of repeat offending. This includes cross-government initiatives focused on upstream mental health and addiction supports for BCs most marginalized people and by building a comprehensive system of care for all British Columbians. Applying the BC Prosecution Services Charge Assessment Guidelines CHA 1, Crown Counsel must independently, objectively, and fairly measure all the available evidence against a two-part test to determine whether there is a substantial likelihood of conviction, and, if so, whether the public interest requires a prosecution. This policy identifies protection of society as a top concern of the criminal justice system and lists several factors that weigh in favour or against prosecution, including the alleged offenders history of relevant previous convictions. In assessing the public interest, Crown Counsel considers the particular circumstances of each case and the reasonable public safety concerns of the local community. The Charge Assessment Decision Police Appeal CHA 1.1 policy sets out an appeal procedure police can follow if they disagree with a charge assessment decision.