. q oT : . 7 . . . : . te - : 3 . _ - oo rn Bae dined n el cee ee ie ae eee Seti! calamari : om BUD SMITH: The system has more people that want to. use than tt it. has the ability: to u a system. that uses ’ Committee’? In its. final form, the Access to Justice committee report makes - 182 recommendations covering a broad range of topics. It evisions “plain language”’ that can be easily understood; meets the justice re- quirements of: specific groups such as the Natives, contains an affordable system of fees and costs and .also suggests some changes to legal statutes and re- defines court procedures and ‘jurisdictions. ’ Attorney General. Bud Smith. will be attending a Chamber of Commerce-sponsored informa- tional dinner meeting in Terrace - on Tuesday, Jan. 10 to explain the the recommendations con- tained in the report. With this in mind the following report sum- marizes the majority of the. ‘recommendations, For more in- formation on next Tuesday's meeting, phone the Chamber of Commerce at 635-2063 as soon _ as possible. Plain language First and foremost is Plain Language. In 1958, the. Mon- treal. Star described the dif- ference between plain English and that used by the legal com- munity in this way: “When a man gives you an orange, he ‘simply says, ‘Have an orange’, But when that same transaction is entrusted to a lawyer, he adopts this form: ‘I hereby give and convey to you, all- and singular, my estate and interest, right, title, claim and advantages of in said orange, together with all its rind, juice, pulp and pips and all rights: and advantages therein with full power to bite, suck and otherwise to eat the same or give the same away with or without the rind, skin, juice, pulp and pips, anything herein- before or hereinafter or in any - other means of whatever nature or kind whatsoever to the con- trary in any . wise notwith- . standing’.”’ For most people, “have an orange’? already implies that the _ person receiving that asset has ail rights to its properties — the lawyer has added nothing but confusion. Recognizing this, the committee has recommended that the Attorney Genera! establish a ‘Plain Language to develop a . - sttategy for the implementation * , : of plain language in the justice _ system, plain. language that is . concise yet understandable. . “British Columbians are entitled. toa justice: system that they can . understand, ” states. the report. “Access AS far as Access to Legal In- formation and Advice is con- : cerned, the report is equally self-. | critical: of. our existing. system. . ‘A toll-free ‘network to allow. § province-wide access to legal in- formation and referrals should be established,” suggests the text of the report, This would mean public access to legal in- formation, written materials, community resources, and free telephone - interviews with a lawyer. 7 ‘Education The report also” suggests that Education plays an important ‘part in accessing the system. “Further initiatives should be | - taken as needed to ensure that. j teachers have the information, textbooks and other resources they require to enable them to educate children about our legal ae institutions and justice system,’ says the report. And further rec- ommendations recognize our ethnic diversity and add some teeth to this statement: “The provision of information to teachers, students and the public in general should be a priority,” states the report. ‘‘The govern- - ment and other agencies should continue to support the ‘volunteer. sector in order to in- crease their understanding of the justice system.”’ Alcohol and drugs" Next, the report recognizes the impact of, and suggests some solutions to,Alcohol and Drug Abuse, This was seen by the committee as: a major con- tributing factor to many criminal acts which affect both individuals and families, Per- : sonal injury, impaired driving, drug trafficking, assault, homicide, property damage, theft, marital discord and juvenile delinquency are, ac- cording to the report, all related | to substance abuse. The report recommends a sys- tem for the collection of infor- mation on the role of drugs and alcohol in criminal, civil and family disputes and the im- plementation of a program ‘ similar to Alberta’s IMPACT program for repeat offenders. The IMPACT program was im- plemented in Alberta in the early 1980’s to complement their. com- pulsory Impaired Drivers’ Course. Courts Recommendations involving the Supreme and County Courts don’t affect the majority of B.C. citizens, but are nevertheless im- portant to the legal community. These recommendations call for supreme court judges in Kamloops, Kelowna, the Koot- enays, Prince George, Prince Rupert and Vancouver Island and would bring justice to of- fenders in a more familiar en- vironment. The committee also suggests monetary changes by extending the jurisdiction of the County ‘Court from $50,000 to $100,000 and in land title disputes from $100,000 to $200,000. In addi- tion, all motor vehicle accident cases would be heard in County Court, and in the event that the amount involved clearly - ex- ceeded - $100,000, a Supreme Court judge could have the case elevated to the Supreme Court where necessary.;.. - . The recommendations also suggest changirig the name of the Supreme Court of B.C. to something less ‘‘confusing’’ to the public, and states that all procedural changes should be in place by Jan, 1, .1990. ‘And, three years after their implemen- tation, a committee should be formed to determine the overall efficiency Of the system prior to a merger of the supreme and county court systems, Family law In regard to cases involving Family Law, which are presently heard. in both the Supreme and Provincial: ‘courts, the report suggests. that all family matters should fall under the jurisdiction of ‘one court. According’ to the committee, ‘‘The Supreme Court of B.C. should have ex- clusive jurisdiction over all fami- ly law matters under the Family Relations Act and under the . Divorce Act,’’ and Provincial Court judges should be ap- pointed ‘‘masters’’ of the Supreme Court and in that capacity continue to hear the types of family law cases they now hear, It adds that the Chief Justice should consider an ‘‘in- formal family law division’’ in the Supreme Court where ap- propriate, and legal counsel should be provided to those in financial need. With regard to child ap- prehension, the report asks for a “notice to parents’’ and that the Family and Child Service Act should be amended to require full disclosure of the child’s file to the parents while protecting the identity of informants, Fur- ther, the report states that gov- ernment should be reimbursed by family members ‘‘to the ex- tent that {they can afford to pay’. The committee has also ad- dressed the need for legislative change in the identification and distribution of family property in the event of separation or divorce. “The revision should make a clear statement of the : principles on which family.prop- erty is to be shared by spouses or former spouses,’’ states the report, It suggests that restrain- ing orders should be flexible but . at the same time able to compel a spouse to produce documents . for inspection by an- auditor. - This includes corporate docu- ments where a spouse owns more than 50 percent of the issued shares. Child support awards are ad-- dresséd by suggesting that statistical information on the ac- ‘tual cost of supporting a child should be established and an educational system should be _Men’s or Ladies’ dress or business laundered. Lee RR rtd Nea ae Te ee ~ Only drive-thru in town . ~ Best, most rellable and cleanest service ~ Drop off point at Thornhill Public Market : ———— 8:00 a.m. to 8:00 p.m. — Monday to Friday _ Wie ) 8:30 a.m. to 5:30 p.m. — Saturday KIDDIE CORNER FROM THE POST OFFICE : implemented which will impress on the bench, bar and public, the importance of complying with maintenance orders. It adds | that mediation should be’ en- couraged but the dependent spouse should receive, at an ear- ly stage, the estimated costs of litigation, Also, arrears of main-) _ - tenance orders should’ be ‘“‘re- duced or cancelled only. in the . | most .extraordinary circum- stances’’. Criminat faw. . There. are mendations with regard . Criminal law and Procedure, The most basic of these states that Crown Counsel should receive an appropriate level of. . funding for staffing and equip- ment, and that prosecution work should be contracted out to the “‘private bar’? where necessary but the authority to lay charges should remain with the-crown. In addition, the officer in charge of a police detachment, when dissatisfied with a crown deci- sion not to lay charges, should | have the right to have that deci- sion reviewed by the regional © crown counsel or the deputy at- : torney general. Further, the report supports the principle of an ‘‘enhanced’’ — preliminary enquiry and the | defence attorney should receive comptete disclosure of all evidence which the crown in- tends to present. Also, the Legal Aid tariff should be amended.to — compensate lawyers for motions made prior to-the trial date: . The report addresses the needs of witnesses’ and victims by stating that the crown should be . allowed the necessary time to: meet the reasonable needs and concerns of witnesses. In addi- tion, the Ministry of the At- torney General should produce a _video: to familiarize witnesses “ with the justice system and trial process. Also, consideration should be given to increasing coverage under the Criminal In- juries Compensation Act and a “strong message must be sent to the public that wife assault is as i continued on page 23 cotton blend Shirts expertly” gerd aru several recom. oe te Se tea “ * : wit ane dere Ck oe, a