Meeting Minutes - City of Langley

C ITY OF
l.,A.NGLEY
MINUTES OF THE PUBLIC SAFETY ADVISORY
COMMITTEE
HELD AT THE CITY OF LANGLEY FIRE DEPARTMENT CKFROOM 20399 STREET, LANGLEY, BC WEDNESDA Y, JANUARY 23, 2013 AT 7:00 P.M. 1)
Present: Councillor Teri James, (Vice Chair)
Catfish Potesta
Vina Elias
Bob Onderwater
Rebecaa Foster
John Meagher
Leanne Cas sap
Sheila Vredik
Kevin Lambert
John Beimers
Superintendent Derek Cooke
Inspector Stephan Droulet (Designate)
Staff: Darrin Leite, Director of Corporate Services
Francis Cheung, Chief Administrative Officer
Janine Clough, Recording Secretary
Other: Councillor Jack Arnold, City of Langley
Councillor Grant Ward, Township of Langley
Absent: Mayor Peter Fassbender, (Chair)(with regrets)
Doedy Reisler
AGENDA MOVED BY Committee Member Elias
SECONDED BY Committee Member Potesta
THAT the January 23, 2013 agenda of the Public Safety Advisory
Committee meeting be adopted.
CARRlED
2)
MINUTES MOVED BY Committee Member Foster
Minutes, Public Safety Advisory Committee January 23, 2013
Page 2
SECONDED BY Committee Member Elias
THAT the minutes of the Public Safety Advisory Committee
meeting held on December 19, 2012 be adopted as circulated.
CARRIED
3)
BUSINESS ARISING FROM MINUTES
None
4)
PRESENT ATIONS
a) Discussion of topics of concern in the community and the judicial system by
the Honourable Chief Judge Thomas J. Crabtree
Vice Chair introduced and welcomed Chief Judge Thomas J. Crabtree then
PSAC members introduced themselves and welcomed new members.
There are 88 court locations throughout the province and at present (as of January
23, 2013) there is the equivalent of 131.80 full time judges sitting judges
comprised of:
• 112 full time judges
• 44 senior judges (sit 45% of the time and paid based on the number of
weeks worked). A judge is eligible to elect to become a senior judge after
10 years of service and is 55 years or older. However most judges do not
participate in the program until they are in the 60's.
• In 2005 the courts were operating at its highest capacity with the
equivalent of 143.65 full time judges.
• There are currently 4 judges on Long Term Disability
Judges are selected through a process administered by Judicial Council: once an
application is made an extensive background check is done including a report
completed by the Canadian Bar Association. References are checked of people
the applicant has worked for and of people who have worked for them.
The Judicial Council is made up of 9 members. Members include the Chief
Judge, an associate chief judge; other members include a judge who by
convention has been the President of the Judges' Association, a representative of
the CBA, a representative of the Law Society and 4 members appointed by the
government. The council meets approximately 10 to12 times a year. Of those
that apply approximately one half of the applicants are interviewed and those who
are approved are placed on in an approved candidate pool and if it is from this
pool that candidates are drawn when the government determines to appoint a
provincial court judge.
Minutes, Public Safety Advisory Committee January 23, 2013
Page 3
Judicial Council is also the body which may hear an inquiry as to whether a judge
should be removed from office. This is extremely rare occurrence with only one
inquiry having been undertaken in the past 25 years or so. There have been
several situations where an inquiry could' have been ordered but the judge elected
to retire thereby eliminating the need for an inquiry.
Judges on appointment are assigned to a particular location but do travel to other
locations to sit.
The Provincial Court is a statutory court created pursuant to the Provincial Court
Act and has jurisdiction to hear criminal, regulatory, civil family and child
protection cases. For more information follow link below:
http://www.provmcialcourt.bc.caltypes-of-cases/criminal-and-youth
Court Delays: The time required to obtain a hearing in Provincial Court depends
on a substantial number of factors, including: the anticipated length of the
hearing; the volume of cases in a particular court location relative to the number
of judges and courtrooms available to hear them; the nature of the matter; time­
related legal requirements; and the availability of lawyers and witnesses. In
scheduling cases, the Court recognizes that every case deserves to be heard in as
timely a manner as possible, but the Court does give priority to urgent cases, such
as person detained in custody on criminal matters, cased involving domestic
violence and child protection matters or serious criminal cases. There is a need
for more judicial resources. For more information please follow this link:
http://www.provincialcourt.bc.callocations-contacts under News & Reports, then
Court Reports under Judicial Resources.
The Court has a number of circuit locations where the judge and in some
circumstances the entire court team travels to a particular location to hold court.
Bella Coola and Bella Bella are two locations where this occurs. Court is held in
these locations approximately 4 times per year.
The Langley court closed in the late 1980' s and cases went to Surrey, Abbotsford
or Chilliwack.
Q: Surrey is almost at capacity is there any interest in reinstating a court in
Langley?
A: When looking at projections there will likely be a need in the Fraser
Valley for more courts.
All matters in Langley go through one crown council.
There were approximately 85,000 new criminal provincial court cases in 2012.
Provincial courts do not have jury trials these are done in the Supreme Court.
Types of cases and the process by which they get tried in Provincial court:
M ~nutes,
Public Safety Advisory Committee January 23, 2013
Page 4
• Criminal and Youth cases: bail is set; trials (hearings); then sentencing.
• Family Cases: child protection (if necessary), deciding on family access:
custody, guardianship and financial support orders. (Provincial doesn't
deal with division of property or division of funds (assets) - this is done in
the Supreme Court. It is important to get to family cases quickly and get
them resolved for the benefit of both the child and the family.
• Civil/Small Claims: up to a monetary jurisdiction of $25,000
• Traffic and Bylaw: regulatory offences such as speeding or parking
tickets; environmental safety; workplace health and safety.
There are approximately 125,000 to 140,000 new cases every year. More timely
trial dates contributes to the fact that there has been a significant decrease in
cases, (primarily criminal). In the past 2 years there have been 13-14,000 fewer
new criminal cases entering the system half of which are comprised of impaired
driving cases. This is largely due to the new administrative provisions which
were introduced by the government focused on drink/driving related matters. This
is giving more time for other cases to be tried. Impaired trials can often take a day
or more at trial which consumes a large amount of resources and time.
Active case management is needed to process cases and get to the point of the trial
without being bogged down with paperwork. Courts are working on: Judicial
education & incorporation of software creating a more effective system.
Sufficient resources are needed to address delays and effectively utilize resources.
Trial Statistics are available through the following link:
http://www.j usticebc.ca/enlnnJdata/understanding.html
Community Court in Downtown Vancouver: brings a variety of resources to a
troubled area. It currently has funding in place to the end of the year during
which time an evaluation is to be completed and will assist in future plarming for
the Court. This court is one where the offender acknowledges responsibility and
pleads guilty.
A range of sentences are imposed depending upon the
circumstances. The focus of the sentences are often directed to rehabilitation and
reintegration with the community insuring that community based supports and
programs are available to the individual.
For more information please follow this link: www.communitycourt.bc.ca.
Victoria Integrated Court: this program uses existing resources to focus on
rehabilitating a particular group of individuals such as small property offences,
street crime and ongoing small grade offences. Some individuals are sentenced to
prison; then rules are enforced and expectations set through the probation process.
For issues surrounding poverty, court sits a half day a week. There are a variety
of services available for individuals who acknowledge responsibility. They are
linked up with resources and teamed up with mental health workers, social
workers, housing (shelter or residence), etc. The probation order is given with
specific terms to provide support, monitoring and enforcement. If someone is not
Minutes, Public Safety Advisory Committee January 23 , 2013
Page 5
complying with the probation order they are brought back into the courts to
address the matter.
For more information please follow this link:
http://www.provincialcourt.bc.callocations-contacts under News & Reports, then
Court Reports and you will find the Victoria Integrated Court Report
First Nations Court: There are two courts, one in New Westminster and the other
in North Vancouver.
These courts sit once per month.
There is an
overrepresentation of First Nation persons serving time in custody. The First
Nation Court takes a holistic/restorative approach to sentencing; they offer
support and a probation order which is referred to as a 'healing plan'. The healing
plan may include referrals to Probation officers, Native Court workers, Band
employed counsellors, Native Centres and programs offered by Health Canada all
to enable reconnecting with community.
Drug Treatment Court: Drug Treatment Court in Vancouver sits twice a week.
Persons charged under the Controlled Drugs & Substance Abuse Act are eligible
for the Drug Treatment Court program. Offenders participate in a supervised drug
treatment program which includes individual and group counseling and social
activities.
Domestic Violence Court Initiative (Duncan B.C.): Fast-tracks matters into court.
It is a therapeutic alternative that helps motivate offenders to take responsibility
for the violent behaviour early in the justice system process and to understand and
It uses the
' unlearn' this behaviour through treatment and professionals.
authority of judges to monitor the behaviour of offenders in order to maximize the
safety of victims.
Video Technology Initiative: Connecting an out of court defendant with a court
Uudge). This improves efficiency and security as individuals don't need to be
moved between facilities and offers monetary savings. Judges can hear a plea and
set bail via video. It's a "Have a Judge Need a Judge" approach to try to engage
technology to better utilize courts resources.
Q: Do courts sit on weekends?
A: Not at this time. There is some willingness by some judges to do so but
there are a number of issues including the costs associated with having
facilities open for longer periods of time that make it unlikely. However
the Provincial Court does hear bail matters and search warrant applications
during the evenings and on weekends. These services are provided
through the Justice Center where Judicial Justices are available and do in
fact hear bail and search warrant applications from around the Province.
In addition the Court is open in the evenings for the hearing of civil claims
matters under $5,000 at Robson Square. These cases are heard by
experienced senior members of the bar who have been designated as JP
Adjudicators for the purposes of this program.
Minutes, Public Safety Advisory Committee January 23, 2013
Page 6
The Cowper Report incorporates community in criminal issues with leadership
and resources on a local level. The report on the BC Justice System is entitled: A
Criminal Justice System for the 21st Century. For more information please follow
this link: http://www.ag.gov.bc.ca/public/ justice-reformlCowperFinalReport.pdf
Justice on Target in Ontario: see initiatives undertaken to create a regular
dialogue with municipalities, public and police to address criminal court delays.
For more information please follow this link:
http://www.ontariocourts.ca/ocj/ justice-on-targetl
The Victoria Integrated Court (VIC) is a partnership between Victoria BIA and
the BC Justice Review Task Force that was formed two years ago. The VIC is a
result of integrating the services available through existing resources; no new
funding was provided. The local business community in Victoria was supportive
of this new process and provided furnishings for a room to be used by the team
members and counsel to plan for court sessions. . The Victoria BIA has a total
aru1Ual budget of 1.2 million dollars, of which a portion is allocated to assist with
funding this initiative.
Over recent years, Victoria has experienced a significant impact of street crime
and disorder in the downtown core, as have many other cities in Canada and
abroad. The criminal activity of individuals with unstable housing who abuse
substances and/or are mentally disordered is placing significant demands on the
justice system, health and social services and the community.
Following the work of the Street Crime Working Group and the Mayor's
Taskforce on Homelessness, the Victoria Community Outreach Team and a
number of Assertive Community Treatment Teams were established to begin to
address the concerns regarding the demands placed on emergency service and
health service providers by these individuats. These teams began appearing in
Court to support individuals charged with criminal matters. The Provincial Court
jUdiciary initiated consultation that led to the creation of the Victoria Integrated
Court (VIC) to support the work of the teams. In the first year, the VIC expanded
its services to hear cases where the offenders were supported by Community
Living Be.
Although Victoria faced many of the same challenges as Vancouver, there was no
new funding within the justice system to create a similar community court in
Victoria. The community in Victoria, nevertheless, continued to advocate for a
problem-solving or community court and pressed forward with the Victoria
Mayor's Task Force recommendations. The Downtown Victoria Business
Association advocated for a "problem-solving" or community court on the basis
that:
"Victoria is uniquely prepared to support such a court as significant
resources have already been invested in an integrated response.
Victoria Integrated Community Outreach Teams (VI COT) link the
Victoria Police Department with probation, community health, and
social services in the management of our highest-need individuals.
Minutes, Public Safety Advisory Committee January 23 , 2013
Page 7
The housing-first approach has already produced a reduction in this
group's use of police and other emergency social services. At this
point, the only component not integrated into this response is the court
system - even though that system is already occupied with most of the
same client group."
5)
NEW BUSINESS
Vice Chair, Teri James met with Diane Robinson of the RCMP to discuss the
severe rash of auto theft in Langley. VC reminded members to never leave items
in your vehicle! Approximately 50% of theft in the Langley's is from vehicles
and 40% of that is theft of insurance stickers. Most of this happens late at night
and on residential streets. Parking vehicles in driveways is a deterrent.
ICBC will be educating the public of specific issues as preventing auto crime,
theft proofing your car, etc. throughout February. Also in February ICBC will be
focusing on distracted driving issues in the rower mainland.
ICBC representative, Leanne Cassap, infonned the committee that the Statistics
from the 208 Street readerboard showed a daily 85% speed of 69krn down from
72krn. Speed Watch will be out just north of the readerboard in the next few
weeks.
Supt Cooke inquired: Could there be a bylaw where every business must have a
monitored security system?
MOVED BY Committee Member Cooke
SECONDED BY Committee Member Elias
THAT this meeting be adjourned.
CARRIED
ADJOURNMENT 8:52 p.m.
Certified Correct:
jmc
RECORDING SEC
I'
TARY