BarTalk June 2005
Volume 17, Number 3

by The Honourable Carol Baird Ellan Chief Judge of the Provincial Court of British Columbia

When asked recently by BarTalk Senior Editor Caroline Nevin for some reflections on my term as Chief Judge of the Provincial Court, I thought back to when she interviewed me early after my appointment.¹ Caroline asked what I hoped to accomplish, and I talked about perhaps predictable goals such as reviewing the Criminal Caseflow Manag-ement Rules and the role of the Judicial Council; exploring community courts; and expanding the Court’s website.

That interview occurred in the calm before what quickly became a much more tumultuous term than I had expected, with events arising from outside the Court dictating a large part of the Court’s and my own direction for the remainder of my term. Each of these events, while they created an immediate challenge for those of us charged with administration, also contributed in a positive way to the Court’s development.

Those events of course included the courthouse closures of 2002, but commenced well before that with two successful B.C. Supreme Court challenges to the independence of justices of the peace, in the fall of 2000 and spring of 2001,² necessitating a complete reorganization of the traffic, after-hours bail, and search warrant functions of the Court. Through these challenges the Court gained a new independent judicial officer, the judicial justice of the peace.

The closure of 24 courthouses in the spring of 2002 led to a period of conflict with government, but the ready and able intervention of several prominent members of the Bar assisted in a quick resolution, and in creating a lasting structure for mutual respect and constructive collaboration between the Court and the Ministry of the Attorney General. That structure included several written protocols outlining respective areas of authority and responsibility, and created at the instigation of the Law Society, the Justice Review Task Force. Through the JRTF, as it is affectionately known, with Chief Justice Don Brenner of the Supreme Court and representatives of the Ministry, CBA and Law Society of B.C., our Court has had the privilege of participating as a partner in many promising justice reform initiatives.

Despite the unexpected challenges, there was still time to achieve some of what I initially set out to do, and a few additional things, the most significant of which were a new judges’ orientation program, a supernumerary program and a Court-wide strategic planning process.

I must say that none of what I did achieve within my term, whether planned or reactive, would have been possible without the incredible willingness of the members of the Bench and Bar to give of their time, strength, energy and wisdom. I reflected recently on how many members of the Court were involved in extra-curricular activities during my term, and found it was most of them. I experienced an equal willingness on the part of the Bar. For those many contributions, and to each of the willing contributors, the Court and I extend our sincere thanks and appreciation.

1. BarTalk, October 2000, Volume 12, Number 5
2. Re Independence of the Provincial Court of BC Justices of the Peace, 2000 BCSC 1470; R. v. Do, 2001 BCSC 1088

This article was published in the June 2005 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.