POSITION DESCRIPTION
Ministry of Justice AG
POSITION TITLE:
Administrative Crown Counsel
DIVISION:
(e.g., Division, Region, Department)
Ministry of Justice AG
UNIT:
(e.g., Branch, Area, District)
Criminal Justice Branch-Crown Counsel
SUPERVISOR’S TITLE:
SUPERVISOR’S CLASSIFICATION:
Deputy Regional Crown Counsel
Legal Counsel Manager
POSITION
NUMBER(S):
LOCATION:
POSITION
NUMBER
PHONE NUMBER:
FOR AGENCY USE ONLY
NOC CODE:
APPROVED CLASSIFICATION:
CLASS CODE:
ENTERED BY:
PHONE NUMBER:
00071994
Port Hardy
00053408
(250) 741-3760
PROGRAM
The Criminal Justice Branch contributes to the protection of society by preparing for and conducting prosecutions diligently
and fairly, and by striving to develop the most effective methods to administer justice in the Province. The Branch
prosecutes offences under the Criminal Code of Canada, the YCJA, and provincial statutes in the Provincial, Supreme
and Appeal Courts of British Columbia and in the Supreme Court of Canada. The Branch provides legal advice to
government and police on criminal law matters, and develops policies and procedures on issues relating to the
prosecution of criminal justice. The Assistant Deputy Attorney General is responsible for the administration of the Branch,
which is divided into the Office of the ADAG, Crown Law Division, and five regions, which are headed by a Regional
Crown Counsel.
PURPOSE OF POSITION
The position is responsible for the prosecution of offences under the Criminal Code, provincial statutes and regulations,
and certain other federal statutes. The decision to lay charges, which charges to lay, and the conduct of the proceedings
in court through to their conclusion are made by Crown Counsel in accordance with Criminal Justice Branch policies and
the Crown Counsel Act.
The Administrative Crown Counsel is responsible for the efficient and effective operation of a Crown Counsel office as
well as file management, trial scheduling, case management, performance appraisals and inter-Branch and interMinisterial liaison.
NATURE OF WORK AND POSITION LINKS
This position reports to the Deputy Regional Crown Counsel. The position may have functional supervision of support
staff, Crown Counsel and ad hoc Crown Counsel appointees. It is governed by the Public Service Act and the Crown
Counsel Act, and conduct of Crown Counsel is also governed by the Law Society Rules, the Professional Conduct
Handbook and the Legal Professions Act. It is bound by Criminal Justice Branch policy as set out in the Crown Counsel
Policy Manual, as well as directives issued by the Assistant Deputy Attorney General, and Regional Crown Counsel and
Deputy Regional Crown Counsel.
The position of Administrative Crown Counsel is responsible for the conduct of prosecutions from inception to
conclusion, including the conduct of charge approval, bail hearings, pre-trial motions, the conduct of the trial, sentencing
proceedings and appeal, is so assigned.
The conduct of prosecutions includes determining which witnesses are to be called and in what order, the preparation of
written material such as notices, submissions and case law and documentary evidence. Whether to continue or terminate
a prosecution is part of the conduct of that prosecution. It also includes insuring witnesses are prepared for court and that
appropriate referrals to appropriate victim assistance agencies has been made. Crown Counsel is required to determine
whether to adopt a position on sentencing and during those proceedings whether to call evidence or file material
(including a victim impact statement). The timing and content of disclosure of material to the defense is determined by
Crown Counsel. Administrative Crown Counsel is required to ensure that all such decisions are properly made, whether
by Crown Counsel or by ad hoc Crown Counsel.
JD ACC – Port Hardy
.doc
Page 1 of 7
Administrative Crown Counsel will ensure that Deputy Regional Crown Counsel is kept apprised of developments on
serious or sensitive prosecutions as well as any systemic, procedural or case law precedent problems as they develop.
Administrative Crown Counsel will recommend appeals of adverse decisions where appropriate and may make
recommendations as to changes in procedures, policy or legislation. Crown Counsel will make recommendations to
institute dangerous offender proceedings where appropriate.
If performing charge approval duties, Administrative Crown Counsel will review material prepared by enforcement
agencies to determine, pursuant to Criminal Justice Branch policy, whether there is sufficient evidence to support charges
being laid, which charges should be laid, whether to proceed by indictment or summarily, what process should be issued
to compel the accused's attendance in court, which witnesses are to be notified to attend and by what method, whether
referral is to be made to appropriate victim assistance agencies, whether to initiate victim impact statement requests,
whether further investigation is needed and what is entailed in that further investigation, whether the charge is to be
diverted from court and on what terms and whether a pre-court inquiry is to be requested of the probation services.
Administrative Crown Counsel will participate in inter-Ministry, Branch Management or Regional Management
Committees as required by Regional Crown Counsel as well as local committees that endeavour to make the
administration of justice more efficient or effective or that relate to the prosecution of specific types of offences, such as
sexual assault of children or violence against women in relationships. Administrative Crown Counsel will meet regularly
with local law enforcement agencies and on an ad hoc basis if problems arise. Administrative Crown Counsel will assist
ad hoc Crown Counsel, on request, as well as more junior Crown Counsel with legal, ethical and policy issues and with
trial strategies. Administrative Crown Counsel will ensure that if ad hoc appointments are required for the conduct of
prosecutions that appropriate case assignment is made and that any prosecutions carried out by any ad hoc Crown
Counsel are done in a manner that is both consistent with Criminal Justice Branch policy and is competent and efficient.
Administrative Crown Counsel is required to assist in doing performance appraisals of support staff and is required to
complete performance appraisals of Crown Counsel who are supervised by the Administrative Crown Counsel.
Where Administrative Crown Counsel has conduct of a case, Administrative Crown Counsel must ensure that appropriate
notices are prepared, that all necessary documents are filed and that required submissions and case law are prepared
during the course of conduct of prosecutions.
Administrative Crown Counsel gives advice and assistance to law enforcement agencies in relation to the prosecution of
offences and, where appropriate, legal assistance or information necessary in the conduct of an investigation.
Administrative Crown Counsel must answer general inquiries from the public relating to criminal law or the prosecution of
provincial offences. Administrative Crown Counsel must also prepare draft reports and replies at the request of Regional
Crown Counsel, Deputy Regional Crown Counsel or Administrative Crown Counsel and respond to letters of inquiry or
complaint.
Administrative Crown Counsel liaises with the judiciary, defense bar, court administration and law enforcement officials as
well as members of the public to ensure that the court system is efficiently and effectively utilized in the public interest.
When requested to do so, Administrative Crown Counsel meets with members of the public, government agencies and
law enforcement agencies to explain decisions in relation to the laying of criminal charges, the staying of criminal charges
or court decisions as well as matters relating to general policy issues.
Administrative Crown Counsel ensures that witnesses are dealt with in a considerate and courteous way and in particular
ensure that victims and their families are adequately prepared for the court proceedings and given the necessary
explanations to ensure that their court experience does not exacerbate the effects of the crime.
Administrative Crown Counsel must be fully aware of and must comply with the Crown Counsel Policy Manual, other
Criminal Justice Branch policy directives. Crown Counsel must attend such educational or other public or administrative
functions as required by Deputy or Regional Crown Counsel. Administrative Crown Counsel must maintain familiarity with
current case decisions at all levels of court and, in particular, those distributed by Crown Law Division.
Administrative Crown Counsel must recommend the institution of appeals and dangerous offender proceedings where
appropriate. Administrative Crown Counsel, when conducting cases, makes applications for the protection and support of
victims who testify in court, such as, applications for screens, non-publication orders, orders that proceedings be held incamera and for the use of videotaped statements or closed circuit television where appropriate. As counsel,
Administrative Crown Counsel will request orders such as non-contact orders in bail or probation orders where the
protection of the victim is a concern. Administrative Crown Counsel, if acting as counsel, will make application on
sentencing for restitution to victims and for victim impact statements to be filed where appropriate.
Administrative Crown Counsel, when conducting cases, will request the court order psychiatric reports where further
information should be provided to the court concerning the accused's mental state or background.
Administrative Crown Counsel will review and decide whether to grant requests by accused persons to waive charges to
JD ACC – Port Hardy
.doc
Page 2 of 7
other jurisdictions. Administrative Crown Counsel must also make recommendations to Regional Crown Counsel
regarding the extension of arrest warrants to other jurisdictions.
Administrative Crown Counsel makes recommendations in the development of budget issues and must monitor case load
pressures to make appropriate recommendations concerning staffing and funding.
Administrative Crown Counsel will make recommendations concerning policy, procedural or legislative changes when
requested by Regional Crown Counsel. Administrative Crown Counsel must assume all other prosecution duties as
required by Regional Crown Counsel.
DECISIONS AND RECOMMENDATIONS:
Decisions are made on whether prosecutions are to proceed, the level of court at which these prosecutions will proceed,
the people who will be involved in the prosecutions, including civilian and expert witnesses, whether Corrections
personnel will be involved in bail supervision or probation and whether adverse court decisions will be recommended for
appeal.
The decision to prosecute affects the accused, victims and witnesses and may affect other resources depending on the
Crown Counsel’s decisions whether to request the accused be arrested and detained in custody or released on bail terms
and supervision. The decision to proceed summarily or by indictment may result in the proceedings beginning in
Provincial Court and then being tried in Supreme Court with attendant consequences for witnesses and impact on court
resources. The decision as to which witnesses to call is crucial to the success of the prosecution but potentially involves
considerable cost if out of town/province/country witnesses are brought for the proceedings or if expert witnesses are
required to testify. The more lengthy the proceedings, the more costly they are to the public and Administrative Crown
Counsel is required to consider the cost to the public in its decisions as to the method of proceedings as well as the
number and type of witnesses to be called.
The decision on what procedures to invoke also may affect the length of sentence the accused faces which will have
repercussions for Correction Branch. Recommendations made to proceed by way of dangerous offender proceedings, if
approved by the Attorney General, will impact in the length of the sentence proceedings, the witnesses required as well as
on Corrections Branch, if successful.
Administrative Crown Counsel, if conducting a case, must decide in the course of the proceedings how witnesses are to
be prepared and whether applications for special procedures in court, such as the use of screens, are to be employed.
Whether or not these applications are made or whether they are made inappropriately, may impact on the success of the
prosecution. Tactical decisions through the course of the trial as well as decisions pertaining to the disclosure of material
to the defense may also impact on the success of the prosecution.
Decisions are required concerning case assignment, trial scheduling, ad hoc Crown Counsel appointments and other
personnel issues.
ORGANIZATION, STAFF AND DIMENSIONS:
Administrative Crown Counsel in each office reports to the Deputy Regional Crown Counsel, and advises Deputy
Regional Crown Counsel of the progress of major or sensitive prosecutions and of issues or problems that arise in the
course of managing the Crown office. Administrative Crown Counsel assigns cases and other duties to Crown Counsel
and receives reports on the progress of major or sensitive prosecutions as well as making recommendations as to the
institution of special procedures in prosecutions and appeals, and addressing local systemic or procedural problems and
policy or legislative changes when requested.
Administrative Crown Counsel has functional supervision of support staff and direct supervision of Crown Counsel and ad
hoc Crown Counsel appointments. Administrative Crown Counsel may receive advice from Deputy or Regional Crown
Counsel. Administrative Crown Counsel receives staffing and technical advice from the Business Manager, Regional
Operations for the region.
JD ACC – Port Hardy
.doc
Page 3 of 7
SPECIFIC ACCOUNTABILITIES / DELIVERABLES
To contribute to the protection of the public by preparing for and conducting prosecutions diligently and fairly.
To contribute to the development of the most effective ways to administer justice in each community, each region and
province-wide.
To make efficient use of the resources of the justice system and the public in the prosecution process.
To ensure that the needs of victims and their families are addressed during the course of the prosecution, or,
alternatively, if a decision not to prosecute is made.
To contribute to the continual improvement of the delivery of criminal justice in the province of British Columbia by
improving legislation, policy and procedures and by contributing to the education of the participants in the justice system
as well as members of the public.
To conduct prosecution of offenses under the Criminal Code of Canada, provincial statutes and regulations and federal
statutes from inception to conclusion as assigned.
To review material prepared by enforcement agencies to determine whether there is sufficient evidence to support
charges being laid, which charges should be laid, whether to proceed by indictment or summarily, etc. pursuant to
Criminal Justice Branch policy.
To prepare witnesses for court and deal with witnesses, victims and their families in a considerate and courteous manner.
The position makes application to the court where appropriate for protection and support of victims who testify in court,
requests non-contact in bail and probation orders, and makes application for restitution, etc.
To provide advice and assistance to law enforcement agencies in relation to the prosecution of offenses and, where
appropriate, legal assistance or information necessary in the conduct of an investigation. The position answers general
inquiries from the public relating to criminal law or the prosecution of offences.
To participate in Regional Management Committees or local committees that endeavour to make the administration of
justice more efficient or effective.
To endeavour to maintain an effective working relations with the members of the Bar representing the Crown or Defence,
court staff, enforcement agencies, and other components within the justice system, etc. by liaison and consultation.
To maintain an up-to-date understanding of procedures and attend appropriate continuing education programs.
FINANCIAL RESPONSIBILITY
Exercise expense authority in accordance with Branch delegation matrix.
DIRECT SUPERVISION (i.e., responsibility for signing the employee appraisal form)
# of Regular FTE’s
Role
Directly supervises staff
1
Supervises staff through subordinate supervisors
0
# of Auxiliary FTE’s
PROJECT /TEAM LEADERSHIP OR TRAINING (Check the appropriate boxes)
Role
# of FTE’s
Role
Supervises students or volunteers
Provides formal training to other staff
Lead project teams
Assigns, monitors and examines the work of staff
# of FTE’s
SPECIAL REQUIREMENTS
Membership in good standing with the law Society of British Columbia
Successful completion of Criminal Record Review Act and Enhanced Security Clearance requirements
JD ACC – Port Hardy
.doc
Page 4 of 7
TOOLS / EQUIPMENT
Ability to use standard computer applications efficiently
WORKING CONDITIONS
Travel is a requirement for this position
WORK EXAMPLES
COMMENTS
PREPARED BY
NAME:
DATE:
EXCLUDED MANAGER AUTHORIZATION
I confirm that:
1. the accountabilities / deliverables were assigned to this position effective: (Date).
2. the information in this position description reflects the actual work performed.
3. a copy has / will be provided to the incumbent(s).
NAME:
SIGNATURE:
DATE:
ORGANIZATION CHART
Deputy Attorney General
Assistant Deputy Attorney General
Regional Crown Counsel
Deputy Regional Crown Counsel
Administrative Crown Counsel
Crown Counsel
JD ACC – Port Hardy
.doc
Page 5 of 7
SELECTION CRITERIA
EDUCATION AND/OR OCCUPATIONAL CERTIFICATION
Membership in good standing with the Law Society of British Columbia or immediately eligible for call to the Bar.
EXPERIENCE AND/OR ACHIEVEMENTS
Preference will be given to applicants with Crown Counsel experience.
Preference will be given to those with previous criminal law experience.
RATED QUALIFICATIONS
MANAGEMENT/TECHNICAL KNOWLEDGE:
ƒ
ƒ
ƒ
Excellent knowledge of criminal law and procedure.
Good knowledge of Criminal Justice Branch policies and procedures.
Excellent knowledge of legal ethics as applied to the practice of criminal law.
SKILLS AND ABILITIES:
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ
Ability to work as part of a team and to motivate and provide leadership to staff.
Ability to manage an office (including personnel and procedural issues, etc.).
Proven ability to prosecute criminal and quasi criminal cases.
Proven ability to organize and prioritize a substantial workload.
Proven ability to communicate effectively (orally and in writing) with both legally trained and lay people.
Ability to communicate effectively with children, persons with physical or mental handicaps and with persons who
are emotionally upset or distraught.
Ability to liaise with and coordinate the efforts of other criminal justice system users (i.e. police, Court Services,
etc.).
Well-developed interpersonal skills.
Ability to provide direction and assistance to junior lawyers.
Ability to work independently.
Ability to conduct legal research.
DESIRABLE QUALIFICATIONS:
Previous managerial experience.
Previous administrative crown ex
PROVISOS:
ƒ
ƒ
Must possess a valid B.C. driver’s licence and may be required to use own vehicle.
Lesser qualified applicant may be appointed at a lower level with classification to full level upon meeting requisite
qualifications and satisfactory performance.
COMPETENCIES
Leadership implies a desire to lead others, including diverse teams. Leadership is generally, but not always,
demonstrated from a position of formal authority. The “team” here should be understood broadly as any group with wich
the person interacts regularly.
Change management is the ability to support a change initiative that has been mandated within the organization. It
involves helping the organization’s members understand what the change means to them, and providing the ongoing
guidance and support that will maintain enthusiasm and commitment to the change process. People with this
competency willingly embrace and champion change. The take advantage of every opportunity to explain their vision of
the future to others and gain their buy-in.
Managing Organizational Resources is the ability to understand and effectively manage organizational resources (e.g.
people, materials, budgets). This is demonstrated through measurement, planning and control of resources to maximize
results. It requires an evaluation of qualitative and quantitative needs.
Decisive Insight combines the ability to draw on one’s own experience, knowledge and training and effectively problemsolve increasingly difficult and complex situations. It involves breaking down problems, tracing implications and
JD ACC – Port Hardy
Page 6 of 7
.doc
recognizing patterns and connections that are not obviously related. It translates into identifying underlying issues and
making the best decisions at the most appropriate time.
JD ACC – Port Hardy
.doc
Page 7 of 7
Flexibility is the ability and willingness to adapt to and work effectively within a variety of diverse situations, and with
diverse individuals or groups. Flexibility entails understanding and appreciating different and opposing perspectives on
an issue, adapting one’s approach as situations change and accepting changes within one’s own job or organization.
Self-Development involves proactively taking actions to improve personal capability. It also involves being willing to
assess one’s own level of development or expertise relative to one’s current job, or as part of focused career planning.
Organizational Commitment is the ability and willingness to align one’s own behaviour with the needs, priorities and
goals of the organization, and to promote organizational goals to meet organizational needs. It also includes acting in
accordance with organizational decisions and behaving with integrity.
Impact and Influence is the ability to influence, persuade, or convince others to adopt a specific course of action. It
involves the use of persuasive techniques, presentations or negotiation skills to achieve desired results.
Listening, Understanding and Responding is the desire and ability to understand and respond effectively to other
people from diverse backgrounds. It includes the ability to understand accurately and respond effectively to both spoken
and unspoken or partly expressed thoughts, feelings and concerns of others. People who demonstrate high levels of this
competency show a deep and complex understanding of others, including cross-cultural sensitivity.
Relationship Building is working to build or maintain ethical relationships or networks or contacts with people who are,
or may be, potentially helpful in achieving work-related goals.
Teamwork and Co-operation is the ability to work co-operatively within diverse teams, work groups and across the
organization to achieve group, Branch and Ministry goals.
JD ACC – Port Hardy
.doc
Page 8 of 7