Future of Discretion Criminal Mid-level Case Management Tariff Pre-Authorizations

Purpose of Presentation To provide an update on: Mid-level Case management Tariff Pre-Authorization To seek feedback on proposals regarding mid-level Criminal Case Management

Mid-level Case Management & Tariff Pre- Authorizations Mid-level Case Management: a program to create cost certainty and predictability by supporting service providers in the management of complex, costly proceedings ($8,000 <) Tariff Pre-Authorization: increase in summary conviction trials authorization

Phased Approach Phase 1 Learning and development opportunity for LAO and the bar – how do we do this together Changes will be monitored and adjusted as required based on improvements to client service, ongoing feedback from the bar, and LAOs financial situation Phase 2 Building on lessons learned, and depending on the outcome of Phase 1, LAO may expand case management and tariff pre-authorizations to other areas

CASE MANAGEMENT

Mid-level Case Management Create cost certainty and predictability Identify non-BCM cases by charge that are complex and costly ($8,000<) and stream to mid-level case management program Provide budget through tariff authorizations and Case Management (CM) blocks Simplify billing and payments

Why mid-level case management? Response to stakeholder concerns regarding predictability and certainty in complex, costly matters impact of clarified discretion guidelines adequacy of the tariff billing and payment processes Achievement of LAOs mandate Ensuring cost effective, efficient, high quality legal services Compliance with LASA – discretion Greater certainty and control over case costs Simplified billing and payment processes

Case Management Principles 1.Provide lawyers working on complex cases with appropriate resources to deliver high quality legal services 2.Ensure cost-effective and efficient management of a case 3.Monitor and control case cost in accordance with the standard of a reasonable client of modest means properly advised 4.Articulate clear case management expectations regarding counsel and case manager

Case Management Objectives Ensuring high quality, cost-effective client service Building stronger relationships with LAOs service providers Understanding the case and the costs associated with the proceeding Supporting service providers and suggesting cost effective alternatives when appropriate Determining tariff gaps in support of future improvements Identifying systemic issues and promoting improvements when possible

Topics for Feedback Proposed eligibility criteria Proposed Case Management charges Proposed Case Management process Proposed budget setting Proposed implementation timelines

Proposed Eligibility Criteria The case is likely to exceed $8,000 and be less than $30,000 (BCM - homicide) or $20,000 (BCM non-homicide) All available tariff authorizations have been expended The case contains at least one of the identified case management charges LAO may add to these charges in the months to come A Preliminary Hearing or Trial Date has been set Counsel agrees to the case management terms and conditions

Centralized (BCM Unit) Case Management: Proposed Charges Homicides CRIM326:Murder CRIM317:Manslaughter CRIM170: Dangerous Driving Causing Death CRIM268:Impaired Driving Causing Death CRIM112:Conspiracy to Commit Murder CRIM165: Criminal Negligence Causing Death CRIM170:Dangerous Driving Causing Death CRIM585: Manslaughter (firearm) CRIM584: Criminal Negligence Causing Death CRIM159:Counselling to Commit Murder Indictable 2 Appeals

District Case Management: Proposed Charges NON-homicide ESM CRIM584 Criminal Negligence Causing Death (Firearm) CRIM 593 Extortion (Firearm). CRIM586 Attempt Murder (Firearm) CRIM587 Causing Bodily Harm with Intent (Firearm) CRIM588 Sexual Assault (Firearm) CRIM589 Aggravated Sexual Assault (Firearm) CRIM590 Kidnapping (Firearm) CRIM591 Hostage-taking (Firearm) CRIM592 Robbery (Firearm) NON-ESM Sexual Assault – includes attempts, sexual interference, etc.

Proposed Case Management Process A direction will appear on a certificate which covers a case management eligible charge – this case may be case managed Where costs likely to exceed $8,000, counsel completes case management assessment form and forwards to LAO LAO case manager reviews assessment form, contacts counsel to discuss case and set budget if indicated Case management authorizations added to certificate Counsel completes work and submits account for payment Payment within days if account matches – i.e., account does not exceed budget, is not late billed, etc.

Case Management Budget Budget set based on existing tariff authorizations and case management (CM) authorizations CM authorizations to be added to certificate (additional hours) 10 hours 25 hours 50 hours 75 hours 100 hours 150 hours Budgets will be determined in consultation with the case manager Budgets once set can only be amended in exceptional circumstances No discretion is available on case managed files

Case Management Authorizations Factors to be considered in deciding on the amount of case management authorization hours include: The length of the proceeding The charge(s) and the preparation hours that are provided under the tariff The merits of the proposed pre-trial motions Novel legal issues – e.g. constitutional challenges to legislation, expansion of common law defences The nature of forensic and expert evidence – e.g. novel forensic evidence that may be challenged at trial by either defence or Crown. Client with special needs – e.g. mental health issues, serious non-criminal law consequences if convicted, Disclosure – complexity, volume, etc. Crown litigation strategy – e.g. prosecution acting unreasonable Extended sentencing hearing – e.g. matter resolved but detailed Gardiner hearing required The historical billing pattern of the service provider (e.g., regularly exceeds the tariff and requests discretion)

TARIFF PRE- AUTHORIZATIONS PILOT

Summary Conviction Trials Pilot LAO has increased the hours authorized in summary conviction trials Tariff currently allows: First day: up to 10.5 hours for prep and court attendance time Subsequent days: up to 5 hours for each ½ or full day, inclusive of prep and court attendance time Counsel will now receive: First day: up to 10.5 hours for prep and court attendance time Subsequent days: up to 4 hours of prep for each ½ or full day, plus court attendance time

IMPLEMENTATION AND NEXT STEPS

Proposed Implementation and Next Steps Proposed effective date: Fall, 2012 Incorporate CLA advice where possible Provide update to the bar beginning of November Schedule information/training sessions November/ December