Whereas property crime rates have increased throughout the province, and the more borderline criminal cases are not going to trial because Crown Counsel resources are stretched too thin; And whereas it is the Crown Counsel who lays charges and prosecutes in criminal matters: Therefore be it resolved the provincial government increase the number of Crown Counsel lawyers to adequate levels to keep better pace with the growing criminal caseload.
Ministry of Attorney General The Ministry of Attorney General Ministry appreciates UBCM raising the issue of resourcing of the BC Prosecution Service. We would like to clarify the statement above that the more borderline cases are not going to trial because Crown Counsel resources are stretched too thin. This is not an accurate description of the factors that govern whether a matter goes to trial. When police conclude an investigation, they have the discretion to submit a Report to Crown Counsel RCC to the BC Prosecution Service for a determination on whether its charge assessment standard is met. If charges are approved, a prosecution is initiated. In completing a charge assessment, Crown Counsel are guided by policy CHA 1 and impartially assess the investigative file that is brought to them, carefully balancing all relevant factors in light of the available evidence, the governing Criminal Code provisions as informed by the relevant case law, and their assessment of the public interest as agents for the Attorney General of British Columbia. Crown Counsel are obliged to fairly, independently, and objectively examine the available evidence in each case in order to determine if the evidentiary threshold established in Crown Counsel policy has been met. If so, then they must go on to determine whether the public interest requires a prosecution by considering the particular circumstances of each case and the legitimate concerns of the local community. Application of this two-part test continues to apply throughout the prosecution and is the only determinant of whether a matter proceeds through to a trial. With respect to resources, the BC Prosecution Service has a budget of 140 million for the 201819 fiscal year. This amount maintains status quo levels of Crown Counsel and legal administrative employees. Province-wide, there are approximately 475 Crown Counsel. The total volume of RCCs submitted by police has remained relatively stable for the past three fiscal years. Those that include theft and possession of stolen property offences show a similar stable pattern. Reports to Crown Counsel RCCs Received by the BC Prosecution Service: Year Number of Reports 201516 72,573 201617 72,991 201718 71,264 3-Yr Average 72,277 Theft and Possession of Stolen Property Offences Included on RCCs Year Number of Reports 201516 10,148 201617 10,223 201718 9,797 3-Yr Average 10,056 Where members of the public have concerns or enquiries relating to specific prosecutions, they are encouraged to review policy COM 1 which outlines processes for Complaints and Enquiries Relating to Specific Prosecutions. Hyperlinks CHA 1: https:www2.gov.bc.caassetsgovlaw-crime-and-justicecriminal-justiceprose… COM1: https:www2.gov.bc.caassetsgovlaw-crime-and-justicecriminal-justiceprose…