The Future of Criminal Case Management and Tariff Pre-Authorizations

1. Future of DiscretionCriminal Mid-level Case ManagementTariff Pre-Authorizations

2. 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

3. 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

4. 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 LAO’s 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

5. CASE MANAGEMENT

6. 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

7. 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 LAO’s 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

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

9. Case Management Objectives • Ensuring high quality, cost-effective client service • Building stronger relationships with LAO’s 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

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

11. 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

12. 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

13. 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.

14. 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 21-25 days if account matches – i.e., account does not exceed budget, is not late billed, etc.

15. 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

16. 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)

17. TARIFF PRE-AUTHORIZATIONS PILOT

18. 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, inclusiveof 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

19. IMPLEMENTATION AND NEXT STEPS

20. 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