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The MOU acknowledges the AG will consult with the three chief justices at least twice a year regarding issues such as workloads, new federal and provincial laws, demographics, and other issues that may impact caseloads, self-represented litigants, technology, and modification of court facilities. The chiefs also agree they will deliver information to the AG covering workload, costs, and the ability to meet the workload. The MOU's latter portion ensures the attorney general recognizes the courts should have the required funding to carry out their judicial role. In B.C. Provincial Courts, many cases have been tossed out because of lengthy delays and judges have taken on greater caseloads. But Finch doesn't see the MOU as a carte blanche commitment from government to open its coffers. "I don't think the MOU is a commitment from government for anything beyond consulting. Resources are always an issue," he says, but the judiciary realizes governments have to balance other public needs as well. It essentially sets out that it is the AG's responsibility to provide sufficient resources. "The important word is sufficient," he says, adding "how do you determine that" without consultation? The court system is not like plant production but a "human dynamics operation and the demands on the courts vary hugely" and "you have to react to the realities," says Finch. The chief justice also notes: "There is the opportunity to meet a couple of times a year and make clear what our needs are and hear what the government can do to respond to those court needs." There are many factors, including self-reps and new technologies, having an impact on the courts today. It only makes sense to discuss how these matters affect the process. "I am pleased with the document" although it is not a justiciable one and any party can opt out, he says. "But, I don't think that will happen." There was a long, collaborative process that led to the forging of the document, which is bound together by what Finch calls the "good faith" of all parties. "My guess is that if a new justice finds something in the MOU not satisfactory, that person will sit down with the AG and indicate that this needs a little revision." He says it is a document that was "not imposed on anyone." Under the terms of the MOU, the chief justices will also advise the AG in ntitled-3 1 Case & Matter Management a timely manner of any court changes that might affect the ministry and the ministry will reciprocate. Finch says he believes the relationship between the courts and government will continue to be "cordial and collaborative" as it has been for the past 30 years he has dealt with government. — JS Trust Accounting Fulfill trust account requirements easily. Calendaring & Contact Management Time & Expense Entry Mobility PCLaw | Be more productive. ® From billing and accounting to trust and matter management, keep your law firm's finances organized and in control with PCLaw — a comprehensive collection of powerful yet easy-to-use tools in one single source. Learn more at www.pclaw.ca/productive "PCLaw is a capable and reliable program that has always met the needs of our Partners as our firm has grown. I would highly recommend this program to any firm both small and large." Clayton Straughan, Mackesy Smye LLP LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under licence. PCLaw is a registered trademark of LexisNexis Practice Management Systems Inc. © 2013 LexisNexis Canada Inc. All rights reserved. www.CANADIAN L a w ye r m a g . c o m June 2013 13 13-05-13 11:41 AM

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