The Ministry of Justice has taken immediate action on all three recommendations made in the report released today by the Representative for Children and Youth.

The report details how a failure to have police witness statements transcribed and translated in a timely way resulted in a prosecution being judicially stayed, and identifies a need for improved practices in cases involving child victims.

The Ministry's response to the report's three recommendations is outlined below:

Recommendation 1: That the Ministry of Justice develop a policy that requires that Senior Crown Counsel review all cases where a prosecution affecting the welfare or safety of a child could be adversely affected by procedural or investigatory barriers.

In October 2010, the Criminal Justice Branch (CJB) put in place an updated policy for crimes against children and vulnerable youth with procedures that encourage effective and timely case management practices specific to these cases.

Having now reviewed the report, the CJB will work to strengthen the policies, procedures and litigation practises that it already has in place to:

• ensure accurately transcribed and translated witness statements;
• ensure prosecution files involving child victims are identified early in the process;
• facilitate Crown file ownership for pro-active case management wherever feasible; and
• establish a more effective flagging mechanism for identifying cases with a child victim for trial preparation purposes.
  

CJB policies and case management practices will also be reviewed to see if further changes need to be made to address the specific issues raised in the report, including quality control timelines to monitor completion of disclosure requirements and witness readiness.

The CJB will also distribute the report as an educational tool to all prosecutors and emphasize to Crown Counsel the unique needs of these files and the importance of close monitoring.  

Recommendation 2: That the Ministry of Justice ensure an appropriately funded system of access to accredited translation and interpretive services is available throughout all states of an investigation and prosecution.

As the report notes, police are responsible for arranging the transcription and translation of statements made in foreign languages and providing those translated statements to Crown. This is set out in the Memorandum of Understanding on Disclosure between Police and Crown Counsel in British Columbia.

Currently, there are translation services available across the province and police regularly access these services when needed for use with witness statements, or they produce the translations in-house. However, greater clarity is required on when it is necessary for police to use accredited or court-approved translators for the production of a statement, so that the necessary resources can be allocated to get the work done in a timely way.  Special consideration will also be given to how these translations are handled when rarely used languages are involved.

To ensure a similar situation does not occur going forward, CJB will bring this issue to the B.C. Crown Police Liaison Committee, which is made up of prosecution and senior police representatives from across the province, for consideration and the development of an effective solution to the need for accredited transcription and translation of statements. The next meeting of the committee is in May.

Recommendation 3: That the Ministry of Justice produce an annual aggregate report on the outcomes of criminal prosecutions where a child has been a victim of violence, including cases that are stayed or otherwise terminated prior to a trial.

The Ministry of Justice will produce an annual, aggregate, data-based report beginning in June 2013, which is the timing recommended by the Representative. This report will identify the number of accused persons who are charged with offences involving child victims and the outcomes of prosecution files involving child victims.  

Contact:

Dave Townsend
Government Communications and Public Engagement
Ministry of Justice
250 387-4962
250 889-5945 (cell)