The Litigation Group provides constitutional, administrative and general civil litigation services to government. This group:
- Appears on behalf of the government, statutory decision-makers and the Attorney General at all levels of court, before some administrative tribunals and at other hearings in civil litigation and administrative law proceedings, as well as constitutional challenges;
- Retains and instructs experts in a wide variety of areas as part of the trial process;
- Interviews witnesses and conducts discoveries;
- Advises on the likely outcome of litigation involving the government;
- Counsels the Risk Management Branch of the Ministry of Finance and the government's insurance and claims offices;
- Reviews legal opinions prepared by other members of the branch that may have a constitutional or administrative law component;
- Provides advice on public and private international law matters;
- Conducts Rowbotham applications for state-funded defence counsel, and addresses other applications for state assistance (such as amicus curiae) in criminal matters;
- Conducts statutory appeals from discretionary driving prohibitions imposed by the Superintendent of Motor Vehicles under the Motor Vehicle Act; and
- Appears on behalf of the Superintendent of Motor Vehicles and the Attorney General in challenges to administrative driving prohibitions and immediate roadside prohibitions.
Director’s Counsel (Child Protections)
The responsibilities of the Director’s Counsel Group include:
- Representing the Director of Child, Family and Community Services (the “Director”) under the Child, Family and Community Services Act (“CFCSA”) in the Provincial Court of British Columbia;
- Attending alternative dispute resolution processes for the Director, including mediations, collaborative planning conferences and traditional Indigenous decision-making processes;
- Providing the Director with legal and procedural advice on the conduct of matters under the CFCSA; and
- Advising the Director on the likely outcome of matters under the CFCSA.
Students may be involved in:
- Attending and conducting court proceedings under the CFCSA (including Child Protection Remand Lists, Family Case Conferences and assisting with the conduct of hearings);
- Reviewing pleadings and other documents;
- Attending alternative dispute resolution processes as counsel for the Director; and
- Legal research.
BC’s Prosecution Service (Regional and CASP Rotations)
The emphasis in this rotation is on criminal law and prosecution. Rotations with BC’s Prosecution service may be undertaken at most Crown Counsel offices in the province of British Columbia.
During a rotation with BC’s Prosecution Service, students may:
- Attend Provincial court and assume conduct in Traffic Court, JP Court, Remand Court, Youth Court and Trial Courts. Responsibilities may include conducting or assisting in the conduct of sentencing matters, court applications, bail hearings, preliminary hearings, and trial matters (including witness interviews and trial preparation). All appearances will be supervised by Crown Counsel; and
- Assist with the conduct of a Supreme Court trial, including witness interviews, preparing opinions on anticipated points of law, and other general assistance. If it is not possible for a student to assist, students are encouraged to observe Supreme Court trial components such as jury selection, openings, closings, significant direct and cross-examinations, and jury instructions. Students are also encouraged to assist in the preparation of summary conviction appeals, including researching points of law, identifying authorities, and preparing factums.
The Criminal Appeals and Special Prosecutions (CASP) offices of the BC Prosecution Service serves the entire province. CASP operations include:
- Conducting indictable appeals in the B.C. Court of Appeal and Supreme Court of Canada;
- Conducting specialized prosecutions and applications related to organized crime, proceeds of crime, securities, commercial crime, and occupational health and safety; and
- Providing policy coordination and constitutional litigation support to prosecutors across the province.