A recent eNews article described how the BC Provincial Court creates and publishes “picklists” of standard wording for court order terms. This week, we explain how judges use these picklists.

When a judge or justice imposes a court order, they first decide what terms are necessary and then consider how to word those terms. The Court’s criminal, family and small claims picklists help them choose wording that is legally sound, clear, precise, and enforceable. 

Is there a problem with picklists?

Picklists have sometimes been criticized for encouraging a routine approach that could result in unnecessary conditions being added to bail orders in criminal cases. In a 2020 decision, the Supreme Court of Canada emphasized that rules imposed in bail orders (called bail “terms” or “conditions”) must be tailored to the individual and the risks they pose. The Court said, “There should not be a list of conditions inserted by rote.” But it did not rule out the use of picklists.

“There is no problem with referring to checklists to canvass available conditions. The problem arises if conditions are simply added, not because they are strictly necessary, but merely out of habit, because the accused agreed to it, or because some behavior modification is viewed as desirable.”

                                                                                                     R. v. Zora, 2020 SCC 14, paragraph 88

The BC Provincial Court’s picklists are designed with this principle in mind. They provide judges with a range of pre-crafted variations to aid in tailoring an order to the individual without having to create new wording each time. 

The Court’s education programs for judges and judicial justices include sessions focused on legal and practical aspects of using picklists. The picklists themselves contain an introduction reminding users that terms should only be included when required to achieve an order’s purpose. 

How do picklists help?

Provincial Court judges and justices issue more than 80,000 criminal orders a year, as well as thousands of family and small claims orders. Picklists contribute to the efficiency, accuracy, comprehension, and enforceability of these orders.

Because picklists are available in courthouse computers, clerks can record picklist-based orders more quickly and accurately and court registries can process them more efficiently. This helps to reduce wait times for litigants and accused persons. Without picklists, clerks may need to review recordings during breaks or after hours, and registry staff need to verify wording, increasing possible errors and delays.

Standardized wording increases orders’ clarity and predictability. When people have multiple orders imposed by different judges, they can follow them more easily if their orders use consistent language. Lawyers can advise clients confidently on the meaning of terms using standardized wording, and parties may be able to agree on consent orders more easily. Police and Community Corrections can more reliably enforce orders with consistent terminology. 

With the increased use of virtual bail hearings, remote sentencing, and virtual conferences, judges may preside in cases all over BC. Using standardized conditions available in courtroom computers across the province has become even more important to support timely processing of orders. 

The Provincial Court’s use of picklists helps the Court Services Branch process orders promptly, minimizing delays for litigants, accused persons, and lawyers. It helps ensure court orders are clear to the people bound by them, lawyers, Community Corrections, police and other stakeholders. And it helps ensure court orders are meaningful and enforceable.