Provincial Court of BC - 50 years: striving to provide an accessible, fair, efficient and innovative system of justice

Although the first magistrate in the area that would become British Columbia was appointed in 1850, the modern Provincial Court of BC was born fifty years ago, when the first Provincial Court Act was passed in 1969. The Court was given a Judicial Council to represent the public and oversee judicial education and discipline, and a Chief Judge to oversee administration. The Judicial Council decided that applicants for appointment as judges in the new court must have legal training. The importance of judicial independence was recognized when the Court was removed from government control and was required to function independently - so that judges could decide cases impartially without the possibility of being penalized by dismissal, pay cuts, or transfer, if they decided a case against the government.

The BC Provincial Court is sometimes called “the People’s Court” because it deals with the majority of court cases in the province. But many people are not aware that the Court’s efforts to provide an accessible, fair, efficient and innovative system of justice have made it a leader in Canada.

To celebrate its 50th anniversary, the Court has produced a six-minute video highlighting some of its ground-breaking work during the last five decades.

The BC Provincial Court worked with the Ministry of the Attorney General, lawyers and other groups to develop an approach to disputes about parenting arrangements, financial support and guardianship that would reduce stress on parents and children. Judges explain how the “Early Resolution” approach connects separating parents with a Justice Access Centre before they file an application in court. There they receive help for both legal and non-legal needs, including at least one consensual dispute resolution session (unless family violence makes that inappropriate).
 
Evaluations show that 60% of families did not proceed to court with unresolved issues after participating in Early Resolution services. By helping families resolve issues sooner, this approach makes them healthier, reduces future conflict, reduces the Adverse Childhood Experiences (ACEs) related to parental separation, and decreases costs for our justice and health systems.
 
By late 2025, full Early Resolution services will be available throughout BC’s Lower Mainland and elsewhere with regional variations. 

BC Provincial Court judges discuss how the Court has used technology to reduce barriers to access to justice. Virtual conferences and bail hearings, digitized court files, email and efiling, and digital desk orders have all yielded significant benefits. However, the Court recognizes that technology itself is a barrier to some people, and it maintains pathways for those who need to attend in person.
 
Chief Judge Gillespie says, “The future looks to be a place where, increasingly, courts will adapt in a more flexible way to the needs of court users because in the end, courts have to be responsive to the needs of the people who are bringing their legal problems to courts.” 

With three new Indigenous and First Nations courts opened since 2019, the BC Provincial Court now operates nine Indigenous sentencing courts for criminal offences and one Indigenous family case conference court.
 
Chief Judge Gillespie and Judge Thomas describe how BC’s Indigenous sentencing courts work. They also discuss the findings about one court’s impact reported in Reconciliation in Action, a study of 20 clients of the New Westminster First Nations Court. 

Judge Anja Brown describes the conferences, often referred to as “healing conferences” or “AFHCCs”, that are available to parents who self-describe as Aboriginal and have children involved with the Ministry for Children and Family Development in their North Fraser region (including Maple Ridge, Pitt Meadows, Port Coquitlam, Port Moody, New Westminster and Burnaby).

Judge Brown explains how the Aboriginal Family Healing Court Elders and support people work with parents to create a plan to ensure their children’s safety and well-being. This video will interest anyone interested in the Healing Court model as well as parents and lawyers involved in child protection proceedings.