Civil Justice Reform Projects
Civil Rules Drafting Group
 : View the March 2008 work-in-progress concept draft of the proposed new civil rules of procedure for the Supreme Court of B.C. at: www.bcjusticereviewforum.ca/civilrules/
The November 2006 Report of the Civil Justice Reform Working Group recommended adopting a new set of B.C. Supreme Court rules to provide a streamlined, accessible Supreme Court system where:
- matters that can be settled are settled quickly and affordably, and
- matters that need a trial get to trial quickly and affordably.
Ordinarily, revisions to the Supreme Court rules are proposed by the Rules Revision Committee (RRC). The RRC includes judges, court officials, representatives of the Ministry of Attorney General and lawyers. As the timeline was short, a civil rules drafting group, with representatives of the Ministry of Attorney General, the judiciary and the private bar, was created for this project.
A steering committee provided policy advice and direction to the drafting group. The steering committee is composed of Chief Justice Donald Brenner; deputy attorney general Allan Seckel, QC; Justice Malcolm Macaulay, chair of the RRC; and assistant deputy minister of justice services, M. Jerry McHale, QC.
The mandate of the drafting group is to create a concept draft of rules that will reflect the report's recommendations for new court rules. However, since the release of the report, the co-chairs of the CJRWG, Chief Justice Donald Brenner and Deputy Attorney General Allan Seckel, QC, have been traveling across the province discussing the report with bar associations, service clubs, law students, business groups and the general public. This consultation process has resulted in key alterations to the report's recommendations, which are reflected in the concept draft.
The concept draft was released in July 2007 for consultation and a number of revisions were made as a result of the very helpful feedback we received. In March 2008, a work-in-progress draft, which reflects the consultation received on the concept draft as well as a review by the judicial members of the Rules Revision Committee, was posted for viewing to a supplementary Justice Review Task Force website at: http://www.bcjusticereviewforum.ca/civilrules/.
The May 2008 Work-in-Progress Draft reflects the consultation received on the Concept Draft in 2007, as well as a review by the Rules Revision Committee. The Work-in-Progress Draft at: http://www.bcjusticereviewforum.ca/civilrules/ will be updated as changes are completed.
Next steps include: further drafting based on the consultation feedback; approval by Cabinet; forms development; business process changes involving court services and the judiciary; staff training and legal education, in order to meet the target implement date of early 2010.
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