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SECTION II - ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

OVERVIEW - Strategic Outcome I: A fair, relevant and accessible justice system that reflects Canadian values.

The Department of Justice works with partners across the federal, provincial and territorial levels of governments and with stakeholders across Canada to provide a fair, relevant and accessible justice system that responds to Canadians’ needs and expectations for a justice system that provides an independent and impartial forum for resolving disputes. Two main program activities contribute to the achievement of this strategic outcome.

Program Activity Name: A. 1 Developing policies and laws

Under Canada’s federal system, the administration of justice is an area of shared jurisdiction between the federal government and the provinces and territories. Through this program activity, the Department fulfils its constitutional responsibility to ensure a bilingual and bijural national legal framework for the administration of justice by developing policies and laws to strengthen the framework within the following domains: criminal law, youth criminal justice, sentencing, marriage and divorce, access to justice and Aboriginal justice.

Financial Resources (in millions of dollars):


Planned Spending
Authorities
Actual Spending
$31.1
$42.2
$37.5

Human Resources (in full-time equivalents):


Planned
Actual
Difference
260FTEs
260 FTEs
0 FTEs

Program Activity Name: A. 2 Developing and implementing programs

Through this program activity, the Department provides significant ongoing funding to provinces and territories in support of their constitutional responsibility for the day to day administration of justice. The department also uses discretionary grants and contributions with provincial and territorial governments and with non-governmental organizations in order to test innovative approaches to strengthen the Canadian legal framework.

Financial Resources (inmillions of dollars):


Planned Spending
Authorities
Actual Spending
$382.2
$373.0
$363.0

Human Resources (in full-time equivalents):


Planned
Actual
Difference
107 FTEs
107 FTEs
0 FTEs

Strategic Priorities

During the reporting period, the Department of Justice focused its policy, law and program development efforts in support of a fair, relevant and accessible justice system in five priority areas. The following sections identify our accomplishments over the fiscal year.

Priority A: Protecting Canadian communities


Planned Spending
Authorities
- Addressing public concerns related to community safety and public security - Drafted and introduced Bill C-10 onMay 4th, 2006 to establish mandatory minimum prison sentences for gun crimes.
- Drafted and introduced Bill C-9 on May 4th, 2006 to restrict use of conditional sentences for serious crimes.
- The report on the Commons Committee review of the Anti-terrorism Act was introduced on March 27th, 2007 and a response will be tabled in 2007-2008.
- The report on the Senate Committee review of the Anti-terrorism Act was introduced in February, 2007.
- Protecting children and youth from sexual exploitation - Drafted and introduced Bill C-22, on June 22nd, 2006. This Act proposes raising the age of consent for engagement in sexual activity from 14 to 16 years of age.
- Enhancing investigative tools and techniques - Drafted and introduced Bill C-18, a series of technical amendments to strengthen Canada’s DNA data bank laws.
- Drafted and introduced Bill C-23 to amend various provisions of the Criminal Code (CC) in relation to criminal procedure, language of accused, etc.
- Drafted and introduced Bill C-32 to amend laws in relation to impaired and drug impaired driving.

During the reporting period, the Department supported the Government’s tackling crime agenda with the development of 11 bills introduced in Parliament. These bills were developed and designed to address issues of importance to Canadians with an emphasis on ensuring: that effective and appropriate justice is administered to criminals; that Canadians are better protected from dangerous offenders; and that children are further protected from sexual exploitation. Additionally, the Department supported the government by drafting amendments to enable Canada to ratify the United Nations Convention Against Corruption.

Canada’s anti-terrorism legislation was the subject of two important Parliamentary reviews during 2006-2007, one by the House of Commons and one by the Senate. The Department supported the government throughout the review process and will contribute to the development of the Government’s response to the Commons Committee report (tabled in Parliament on March 27th, 2007).

The Annual Report of the Attorney General of Canada on the use of the investigative hearing and the recognizance with conditions under the Anti-Terrorism Act (ATA) was tabled and placed on the Department’s website. A resolution seeking authorization of the House to extend the sunsetting provisions of the ATA for three years (related to the investigative hearings and the recognizance with conditions provisions) was tabled in February 2007.

The Department also worked with other federal departments, including the Department of Health and the Department of Public Safety and Emergency Preparedness, to develop a new national anti-drug strategy. This work included the preparation of proposals to make communities safer and healthier through drug prevention and treatment, and by combating the production and distribution of illicit drugs.

Priority C: Strengthening youth criminal justice


Key Results
Achievments
- Addressing concerns related to youth justice
- Ground work laid for broad consultations on youth justice reforms including pre-trial detention.
- Discretionary funding for bail supervision programs and chronic offenders
- Implementation of the Youth Crime Prevention - Guns, Gangs and Drugs initiative.
- Financial assistance to support the Provinces and Territories in administering youth justice services - Youth Services funding agreements with the provinces and territories were re-negotiated for five year period to March 31st, 2011.
- Supplementary agreements to provide financial support for the Intensive Rehabilitative Custody and Supervision sentencing optionwere extended by one year.

Over the course of the reporting period, the Department has been actively engaged in laying the groundwork for an analysis and possible development of youth justice reforms. By way of example, as a result of recent events, including Nova Scotia’s Nunn Commission, and concerns raised by research findings, heads of corrections, judges, provincial and territorial governments, academics, practitioners, and others about pre-trial detention in the youth justice system, the Department developed background materials to support a broad consultation process with the Provinces and Territories and key stakeholders to explore issues, policies and operational considerations around the use of pre-trial detention under the Youth Criminal Justice Act (YCJA).

During 2006-2007, the Department completed negotiations and entered into new five year financial agreements with the Provinces and Territories for the provision of youth justice services in support of federal policy objectives. Under the new agreements, the federal government will provide funding to the Provinces and Territories over the period from2006-2007 through 2010-2011 to support the ongoing administration of the youth justice system.

Additionally, the federal government extended by one year (untilMarch 31st, 2008) separate supplementary agreements providing financial support for the implementation of the Intensive Rehabilitative Custody and Supervision sentencing options.

The Department also provided discretionary grants and contribution funding to Provinces, Territories, nongovernmental organizations, Aboriginal organizations and youth justice stakeholders to respond to emerging issues and to contribute towards achieving a fairer and more effective youth justice system. Specific areas of focus included pilot projects dealing with bail supervision programs and chronic offenders, and strategies for addressing youth involvement with guns, gangs and drugs.10

Priority D: Improving the experience of victims of crime


Key Results
Achievments
- Facilitating access to victim services for victims
- Victims Fund provided financial support to 394 registered Canadian victims to attend National Parole Board hearings.
- The Victims Fund supported 63 projects that addressed the needs of victims of crime and supported the implementation of victim related legislation
- Establishment of new Victims’ Ombudsman - The office of the Federal Ombudsman for Victims of Crime was established in March 2007.
- Establishment of new policies and programs to improve the experience of victims of crime - New policies to address issues related to assistance for Canadians victimized in the territories and Canadians victimized abroad were announced in March 2007.
- New programs to improve the experience of victims of crime were announced in March 2007 and will be implemented beginning in April 2007.

The Department takes a leadership role in coordinating an overall federal strategy for victims of crime, including all relevant federal legislation and programs. In May 2006, the federal budget allocated an additional $13 million per year to give victims a more effective voice in the federal corrections and justice system and to give victims greater access to services such as travel to appear at parole hearings. The new resources were shared with The Department of Public Safety and Emergency Preparedness Canada (Correctional Services Canada and the National Parole Board), where program enhancements for victims of crime within their mandates were secured. As part of its ongoing support for Victims of Crime, the Department administers a Victims Fund. During 2006-2007, the Fund provided financial support to 394 registered Canadian victims to attend National Parole Board hearings; this is more than twice as many recipients from 2005-2006. The Fund also supported 63 projects that assisted community organizations, victims’ advocates, and provincial and territorial governments to address the needs of victims of crime or to implement victim related legislation.

The PCVI also chairs a Victims Advisory Committee comprised of members of victim-focussed non-governmental organizations, which enhances the Department’s ability to develop research, laws and policy that take into consideration the perspectives of victims of crime, and works with colleagues in the Northern Region of the PPSC to provide support for Federal CrownWitness Coordinators (CWCs) in the three territories. In 2006-2007, the PCVI provided salary dollars for three CWCs and met with the Victims Advisory Committee. A new major activity undertaken during the year was the establishment of the Canadian National Victims of Crime AwarenessWeek (NVCAW) to raise awareness of the needs, services, legislation and assistance available to victims of crime. The first ever AwarenessWeek was
held in April 2006 and will continue each April on an ongoing basis. Another major undertaking during the reporting period involved supporting the government in its commitment to establish the office of the Federal Ombudsman for Victims of Crime in order to better meet the needs of victims of crime in matters of federal jurisdiction. The Ombudsman was appointed in April 2007 and reports directly to the Minster of Justice.

Priority E: Improving efficiencies in the justice system and the efficient delivery of legal services to Government 11


Key Results
Achievements
- Options assessed to streamline and improve the administration of justice
- The Steering Committee on Justice Efficiencies and Access to the Justice System reviewed jury reform and the use of technology in courtrooms.

During fiscal year 2006-2007, the Steering Committee on Justice Efficiencies and Access to the Justice System reviewed, among other things, two issues that the federal, provincial and territorial Ministers Responsible for Justice asked it to review: jury reform and the use of technology in courtrooms. The Steering Committee also discussed issues pertaining to unrepresented accused. During their meeting in October 2006, the Ministers Responsible for Justice accepted the Steering Committee’s report on the priority review of case files.

Priority F: Improving access to justice


Key Results
Achievements
- Financial assistance to support the Provinces and Territories to enable access to legal aid

- One-year Legal Aid contribution agreements signed with the ten provinces to extend funding at 2005-2006 levels for the 2006-2007 fiscal year.
- One-year Access to Justice Services Agreements signed with the three territories to extend funding at 2005-2006 levels for 2006-2007.

- Addressing issues related to overrepresentation of Aboriginal people in the Justice system

- Successful community based diversion programs, sentencing circles or panels, family and civil mediation in Aboriginal communities
- Justice related training and development programs in Aboriginal communities.
- Access to culturally sensitive services to Aboriginals involved in the criminal justice system.

- Access to justice for minority language groups - Training and development for justice system practitioners in minority language issues.

- Coming into force of amended Child Support Guidelines

- Enhanced capacity for recalculation of child support amounts.

- Enhanced awareness of child support guidelines and family justice issues

- Amended Federal Child Support Guidelines came into effect onMay 1st, 2006. This included modifications in response to the introduction of the new Universal Child Care Benefit (UCCB).
- Entered into Memoranda of Agreement with Manitoba and Prince Edward Island on a mechanism to recalculate child support amounts ordered under the Divorce Act.
- The Federal Child Support Guidelines: Step-by-Step booklet published in 2006.
- Implementation of web-based portal for accessing information on federal and provincial family justice programs and services.


The Department undertook a number of key activities during 2006-2007 in support of improving access to justice. In 2006-2007, the Access to Justice in Both Official Languages Support Fund
funded a broad range of awareness and information projects addressing needs identified by official language minority communities, thereby contributing to the establishment of an increasingly relevant and accessible justice system for all Canadians. During the year, French training projects reached a very large number of people involved at all levels of the justice system in all regions of the country, thereby increasing the capacity of the system to offer justice services in both official languages. In addition, diverse networks and partnerships formed through projects funded by the Fund helped build the capacity to offer justice services in both official languages. The summative evaluation of the Access to Justice in Both Official Languages Support Fund was also started during the year. The three other key activity areas
under this priority are Legal Aid, Aboriginal Justice and Family Justice.

Legal Aid

The provision of criminal legal aid12 is integral to the effective and appropriate functioning of Canada’s criminal justice system. For more than 35 years, the Department of Justice has provided funding in support of criminal legal aid service delivery by the provinces and criminal and civil legal aid by the territories through contribution agreements. Funding for legal aid in the territories is provided through Access to Justice Services Agreements that integrate funding for legal aid, Aboriginal Courtwork, and public legal education and information services.

During 2006-2007, the Department of Justice negotiated a one-year extension of the agreements respecting legal aid with the provinces and territories at the 2005-2006 funding levels. As a result, contribution agreements were signed with the ten provinces and Access to Justice Services Agreements were signed with the three territories. As such, extension of funding for an additional year has enabled jurisdictions to continue activities under the Investment Fund such as increased or expanded duty counsel services; Brydges duty counsel13 for adults and youth; after hours access to legal aid services, access to legal advice and information through telephone law lines and call centres, access to legal aid and information in remote rural locations, increased access and enhanced services for Aboriginal persons, official languages minority persons, hard to serve populations (e.g. mental health clients, homeless persons, youth); earlier access to legal aid services and training for legal aid lawyers and Aboriginal Courtworkers.

In addition, a formative evaluation of the federal Legal Aid Program covering the period 2003-2006, was completed in December 2006. This activity provided the opportunity to gain a preliminary understanding of the extent to which the three-year legal aid strategy contributed to the delivery of legal aid services in Canada, the benefits and challenges associated with a targeted funding approach (i.e. Investment Fund) and the issues confronting the delivery of legal aid services in Canada. As a result, the Department has commenced discussions with the provinces and territories for the development of a longer term strategy for legal aid.

Further details regarding the report can be found at
http://www.justice.gc.ca/en/ps/eval/reports/06/legaid/sum/index.html.

Aboriginal Justice

“Aboriginal peoples occupy a distinct social, cultural and political status within Canada as bearers of constitutionally protected Aboriginal and Treaty rights.”1 15 However, Aboriginal people are
over-represented in the criminal justice system, both as victims and accused. In 2005, Aboriginal people comprise 3 of Canada’s population, yet make up about 20 percent of the population serving sentences in custody16. Aboriginal people continue to be over-represented in the criminal justice system, both as victims and accused. When Aboriginal people come into contact with the justice system as victims or accused, their needs – related to culture, economic positions and social circumstances – must be taken into account to make the system more relevant and effective for them. One of the federal government’s key responses to addressing these issues has been the Aboriginal Justice Strategy (AJS).

In 2006-2007, the AJS co-funded with provinces and territories, over 100 community-based justice programs serving approximately 400 Aboriginal communities, and funded 18 justice related training and development projects across Canada. These programs and projects include diversion programs, sentencing circles or panels, family and civil mediation and other justice activities in Aboriginal communities.

An evaluation of the Aboriginal Justice Strategy completed in 2007 demonstrated the positive impacts of the Strategy. Specifically, the evaluation noted a number of key findings and benefits.17 For example, AJS program participants were less than half as likely to re-offend as those who did not participate in an AJS program and the positive impact on offender recidivism was sustained over time (offenders were tracked for at least 4 years following their participation in an AJS program).

As well, the community-based justice programs:

  • provided offenders with an opportunity to take responsibility for their actions, to learn
    from their mistakes, to understand the impact of their actions on the victim and to give
    back to their communities;
  • gave victims a voice in the process; and
  • provided victims with an opportunity to face the offender and a means of better under
    standing the offender, including the offender's background and the circumstances that
    led to the offence.

The Department also has a longstanding Aboriginal Courtwork Program that contributes to a fair, relevant, accessible justice system by providing direct services to Aboriginal people involved in the criminal justice system to help ensure fair, just, equitable and culturally sensitive treatment. The Department contributes funding to support Aboriginal Courtwork services in the provinces through Aboriginal Courtwork agreements and in the territories through the Access to Justice Services Agreements. The Aboriginal Courtwork Program is the only ongoing national justice contribution program available to all Aboriginal people (adult and youth), regardless of status and residency.

A formative evaluation of the Aboriginal Courtwork Program was conducted during 2006-2007.18 The evaluation confirmed that the program is on track with management and process issues, and determined the data requirements that will inform the summative evaluation in 2007-2008. The Department also uses other discretionary grants and contributions to support projects and activities that address needs and concerns specific to Aboriginal people, including their representation in the justice process. Areas that focus on these needs include Legal Aid, the Policy Centre for Victim Issues (PCVI), the Justice Family Violence Initiative and the Youth Justice Policy Unit.19

Family Justice

Key activities during 2006-2007 included amendments to the Federal Child Support Guidelines, including updated child support tables, which came into effect on May 1st, 2006. A further amendment, which took effect on April 1st, 2007, was made to the Federal Child Support Guidelines in response to the introduction of the new Government benefit - the Universal Child Care Benefit (UCCB).

TheMinister of Justice entered intoMemoranda of Agreements under section 25.1 of the Divorce Act with the provinces of Manitoba (July 2006) and Prince Edward Island (September 2006) and pursued negotiations with Newfoundland and Labrador and Quebec. Manitoba and PEI both had previously established provincial child support services to recalculate child support ordered under provincial family legislation. With these agreements, the provincial recalculation services will be in a position to also recalculate child support amounts ordered under the Divorce Act. As a result, children of divorced parents in Manitoba and Prince Edward Island will be able to benefit from recalculation, as do children whose parents have separated or never married.

The DOJ also developed, in collaboration with the provinces and territories, an "Inventory of Government-based Family Justice Services" which is posted on the departmental Internet site. The Inventory is a user-friendly tool that is accessible to all Canadians with the objective of enabling an individual in any province or territory to obtain information concerning the government-based family justice services in their jurisdiction and elsewhere in Canada.

The DOJ’s Child Support (http://canada.justice.gc.ca/en/ps/sup/) and Parenting After Divorce (http://canada.justice.gc.ca/en/ps/pad/) websites provide useful and highly sought after information for Canadian families. During 2006-2007 there were 565,354 downloads of research reports on topics of child support, custody, access and enforcement of support and 1,757,260 downloads of public legal education materials such as, the Step-by-Step Guide to the Federal Guidelines, the provincial or territorial Federal Child Support Tables and the Divorce Law Questions and Answers. In relation to support enforcement activities, DOJ continued to work with the provinces and territories on improving federal regulations, services and developing national and international policies in this area. On behalf of provinces and territories, the total amount of dollars garnished and distributed to Canadian families to satisfy child and spousal support obligations in 2006-2007 was $119,704,408. During the same period, DOJ received and processed 10,831 applications for suspension or denial of passports and federal licenses held by debtors in persistent support arrears. In addition, DOJ received and processed 24,886 tracing applications
from provinces and territories seeking to find support debtors.

The total number of calls to Family, Children and Youth Information Line was 11,386 - of these:

  • 3,340 were calls on how the guidelines work;
  • 946 were calls on enforcement; and
  • 486 were calls on the new guidelines.21

Strategic Outcome II: A federal government that is supported by effective and responsive legal services


Under the Department of Justice Act, the Minister of Justice and Attorney General provides legal services to the federal government and its departments and agencies, including the provision
of legal advice, the conduct of litigation, the drafting of legislation and the preparation of legal documents.

The Department of Justice is one of a number of key federal organizations that support all Government of Canada outcomes by providing common services to government departments and agencies 21 and as such, the Department is focused on supporting all government departments in achieving their priorities in delivering results for Canadians.

Program Activity: B.1 Providing legal advisory, litigation and legislative services

As a common service provider, the Department of Justice provides an integrated suite of legal advisory, litigation and legislative services to departments and agencies to help them meet their policy and programming priorities and advance the overall objectives of the government. Through this program activity, the Department also provides legal services to the Justice Portfolio and supports the Minister as legal advisor to the Cabinet on complex, whole of government issues.

Financial Resources (in millions of dollars):


Planned Spending
Authorities
Actual Spending
$ 508.6
$ 515.7
$ 461.0

Human Resources (in full-time equivalents):


Planned
Actual
Difference
3623 FTEs
3625 FTEs
2 FTEs

Program Activity: B.2 Providing prosecution services 22
This program activity involves prosecuting criminal and regulatory prosecutions for offences under federal jurisdiction.

Financial Resources (in millions of dollars):


Planned Spending
Authorities
Actual Spending
$83.8
$97.7
$112.7

Human Resources (in full-time equivalents):


Planned
Actual
Difference
793 FTEs
820 FTEs
27 FTEs

Strategic Priorities

Supporting other departments and agencies in the delivery of government priorities creates a distinct context for planning, setting priorities and measuring performance. The Department works with its clients to develop and advance their priorities, providing legal services that are responsive, timely and effective. Excellence in service delivery is critical, especially in the context of the consistent growth in both the complexity and the demand for legal services. This factor, viewed as a challenge across government, is felt acutely both by the Department of Justice and by the departments and agencies to whom we provide services.

During the reporting period, the Department of Justice focused its legal services efforts to support the federal government in three strategic priority areas: protecting Canadian communities, improving government accountability, and improving efficiencies in the justice system and the efficient delivery of legal services to Government.

Priority A: Protecting Canadian Communities

In addition to the activities described under Strategic Outcome A, there were a number of activities and initiatives in support of this priority that were carried out by the former Federal Prosecution Service and are addressed in the “Public Prosecution Service of Canada” section beginning on page 47.

Priority B: Improving Government Accountability

Financial Resources ($ millions):


Key Results
Authorities
- Enhanced mechanisms for government accountability
- Tabling and passage of the Federal Accountability Act including reforms to the Access to nformation and Privacy Acts.
- Creation of the Public Prosecution Service of Canada (PPSC).

In support of the Government’s commitment to improve the accountability of the federal public sector and the federal access to information regime, the Department provided legal and policy advice and drafted comprehensive legislation (the Federal Accountability Act (FedAA)), which was passed by Parliament. This comprehensive legislation included the Director of Public Prosecutions Act as well as a number of changes to the Access to Information Act (ATIA) and the Privacy Act (PA)

In supporting this major Government initiative, the Department provided extensive support on a wide range of legal and policy issues. These included: dealing with coming-into-force clauses; complaint mechanisms involving the Offices of the Information Commissioner and the Privacy Commissioner; interpretation of various new definitions, exemptions and other clauses; and drafting of new regulations to ensure consistency with the new legislation.

The creation of the new Public Prosecution Service of Canada (PPSC) represented one of the most significant machinery changes in the history of the Department of Justice. The new PPSC replaced the former departmental Federal Prosecution Service (FPS) and has assumed responsibility for the conduct of prosecutions under federal jurisdiction.

The Department of Justice and PPSC worked collaboratively during 2006-2007 to implement the necessary structural and operational changes and to ensure that there were no disruptions in services to Canadians during the transfer of responsibilities. The machinery change resulted in approximately 700 Department of Justice employees being transferred to the new organization. Work will continue during 2007-2008 to ensure that long-term agreements and structures are in place to allow both organizations to fulfill their respective responsibilities.

Priority E: Improving Efficiencies in the Justice System and the Efficient Delivery of
Legal Services to Government 23


Key Results
Achievements
- Effective management of resources
- Levels of effort devoted to provision of legal services.
- Risk management of litigation inventory.
- Use of ADR to resolve disputes.
- Representing Crown’s interests to enable government to attain its priorities - Crown results for litigation files.
- Profile of major Supreme Court of Canada cases.
- Comprehensive delivery on the Government’s legislative agenda.
- Client focused service delivery - Client feedback from 24 departments and agencies on responsiveness, timeliness and usefulness of services.

Effective Management of Resources

Portfolios

An important element of the effective management of resources is ensuring that we are organized in a manner that ensures that we are able to deliver effective and responsive legal services across the federal government. In this vein, the Department’s legal services are provided on a“portfolio” basis. Six portfolios encompass the entire range of federal departments and agencies.

Aboriginal Portfolio

The Aboriginal Affairs Portfolio is responsible for the provision of legal advice to federal government departments on a wide spectrum of Aboriginal law issues including Aboriginal rights and title; duty to consult; treaty rights; the fiduciary relationship of the Crown with Aboriginal people; and constitutional, including Charter issues relating to Aboriginal law. This includes advice on the strategic management, resolution and coordination of Aboriginal litigation in which the Government is involved, or has a vested interest, legal advice in support of the broad array of operational activities undertaken by Indian and Northern Affairs Canada (INAC) pursuant to its legislative mandate, and legal support to comprehensive land claims, specific claims or self-government negotiations between the Federal Government and Aboriginal groups. It provides strategic policy advice on Aboriginal issues with a focus on issues that come within the responsibility of the Minister of Justice. The Portfolio also provides full services legal
support to the Office of Indian Residential Schools Resolution Canada.

Tax Law Portfolio

The Tax Law Portfolio is responsible for providing a full range of legal services to the Canada Revenue Agency (CRA) , including legal advice, litigation services, training, drafting services, legal issues coordination and risk management. The Minister of National Revenue is responsible for more than 30 statutes and regulations. Most legal issues are in the Income Tax, GST, and Employment Insurance areas.
The majority of legal services are delivered through seven regional Tax Law Services sections, located in Halifax, Montreal, Ottawa, Toronto, Saskatoon/Winnipeg, Edmonton, and Vancouver. Portfolio headquarters includes the Office of the Assistant Deputy Attorney General, the National Litigation Coordinator, and the Legal Services Unit located at the CRA. Portfolio counsel are highly specialized and understand the CRA's business and its responsibility for the administration of tax laws and various social and economic benefit and incentive programs delivered through the tax system. Counsel provide services on complex issues concerning the CRA's unique governance model, its development of new business partnerships, collection of debts, confidentiality of taxpayer information, excise duties and taxes, income taxation, international taxation, GST/HST, investigations of fraud. The Portfolio also works closely with the Tax Counsel Division at Department of Finance to develop proposals for amendments to federal fiscal statutes and regulations.

Central Agencies Portfolio

The Central Agencies Portfolio is responsible for the delivery of legal services to the Department of Finance, the Treasury Board, the Public Service Commission, the Office of the Superintendent of Financial Institutions, the Financial Transactions and Reports Analysis Centre of Canada and the Financial Consumer Agency of Canada.

Portfolio counsel manage critical horizontal legal, policy and operational issues related to the central agency functions of government. The Portfolio provides legal expertise related to: financial institutions, public service employment law, labour law, tax law, Crown law, financial law, money laundering, terrorism, machinery of government and the federal budget. While there is a specialized Branch (i.e., Legislative Services Branch) within the Justice Portfolio that is responsible for drafting (and providing related advisory services) for government legislation, Central Agencies Portfolio is responsible for legislative drafting related to Tax Law and the federal budget.

Business and Regulatory Law Portfolio

The Business and Regulatory Law Portfolio has a very wide scope providing legal services to all federal government departments and agencies whose mandates have in common a strong regulatory or business law component. Legal services on strategic, operational and a broad range of legal issues is provided through 23 departmental legal services units located directly with client departments as well as the network of Department of Justice regional offices. Citizenship, Immigration and Public Safety Portfolio The Citizenship, Immigration and Public Safety Portfolio supports the responsibilities of the Minister of Citizenship and Immigration Canada and the Minister of Public Safety and Emergency Preparedness Canada by providing a full range of strategic legal services (legislative, advisory and litigation) to the Department of Public Safety and Emergency Preparedness (PSEPC) and its agencies, to the Department of Citizenship and Immigration (CIC) and to the Department of Justice’s Crimes Against Humanity andWar Crimes Section. It has also been called upon extensively to support the government in relation to Commissions of Inquiry.

Justice Portfolio

The Justice Portfolio includes those legal services related to issues specific to the Minister of Justice. As well, through the Justice Portfolio the department fulfils its central agency responsibilities with regard to coordinating legal services on issues that cut across multiple areas of government.

Specialized Legal Expertise

Additionally, the Department maintains specialized expertise in order to be able to act as a core resource for federal government departments and the government as a whole on highly specialized areas of the law, on litigation and on legislative and regulatory drafting.

The Public Law Sector

The Public Law Sector is made up of a number of specialized legal advisory and policy sections. It comprises experts on human rights law, constitutional and administrative law, information law and privacy, aviation law, trade law, public international law, private international law, judicial affairs, and public law policy. The various sections combined are a core resource for the Department, offering highly specialized legal policy expertise and assisting the Department in fulfilling its central agency role as coordinator of legal advice across government.

The Public Law Sector also provides extensive support to the Government in the development of national and international policies, laws, and other instruments. This support includes policy development and legal advisory services on issues specific to the Justice portfolio as well as legal advisory services to client departments engaged in the development of legislation and policies across government.

The Official Languages Law Group

The Official Languages Law Group provides federal departments, agencies and institutions with legal advice on language rights, and monitors and identifies legal issues pertaining to language rights within the federal government. The Legislative Services Branch

The Legislative Services Branch

provides drafting, revision and advisory services to the Government for both bills and regulations to establish and maintain the legislative framework for government policies and programs. Bills introduced in Parliament – and regulations made by the Governor in Council and other delegates – must address the subject matter in both English and French and respect the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights along with other laws. As well, bills and regulations must reflect Canada’s common law and civil law traditions where appropriate. The Branch is also responsible for the publication
of federal laws, notably an electronic consolidation of Acts and regulations that is available on the Internet.

The Litigation Branch

The Litigation Branch has functional authority nationally with respect to the practice of civil litigation across portfolios. Towards the latter part of the year, and as a direct result of the coming into force of the FedAA, the Civil Litigation Branch was reorganized into a new Litigation Branch which includes the existing Civil Litigation area as well as a new Criminal Law Division comprised of the National Security Group, the International Assistance Group and the Criminal Law Group, resulting in an increased mandate, structure and operational framework for the Branch.

The Associate Deputy Attorney General (ADAG), Litigation Branch, as Chairperson of the National Litigation Committee (NLC) directs the operations of the Committee that, during the reporting period, included the approval of high-profile factums, approval of high-profile submissions to international tribunals; responses to requests to intervene or amicus curiae in international courts, and consideration of requests to appeal.

The Litigation Branch continued its work towards a new Legal Services Outsourcing Program Framework to modernize the appointment and management of agents. The Framework includes an Outside Counsel Assessment model which integrates the key principles and features of a modern system of procurement of legal services.

The Dispute Prevention and Resolution Services

The Dispute Prevention and Resolution Services group is focused on providing services to departments supporting long-term prevention and early resolution of disputes. These client-focused services include legal advisory support, training and systems design, all of which are linked to the departmental priorities of improving practice management and managing the volume of litigation.

Results Achieved

Throughout the remainder of this sub-section, summary information is provided to demonstrate the Department’s efforts aimed at effectively managing resources in the provision of effective and responsive legal services to government.

Figure 2: Distribution of Active File Inventory and Associated Levels of Effort

Distribution of Active Legal Files by File Type

Distribution of Active Legal Files by File Type

• Total number of active legal files worked on in 2006-2007: 66,564 files

Level of Effort Dedicated to Legal Files by Portfolios

Level of Effort Dedicated to Legal Files by Portfolios

• Total level of effort dedicated to providing legal services: 1,973,187 professional hours

A large portion of our work is devoted to managing litigation files. As can be seen in Figure 2, the active file inventory during the reporting period breaks down as follows: approximately 57 percent of files were litigation files; 38 percent were advisory files; and the remaining five per cent were legislative files.24There is a high correlation between the volume of files and the levels of resources devoted to managing them as demonstrated by the fact that litigation files accounted for approximately 56 percent of the total level of effort devoted by legal counsel to substantive files, while advisory files accounted for 36 percent and legislative files accounted for 8 percent.

One of the means that the Department employs to effectively manage resources is to apply dispute resolution mechanisms other than litigation to resolve disputes between parties where possible and appropriate. Over the course of 2006-2007, 3,864 active files were resolved through the use of dispute resolution mechanisms other than litigation.25

As the government’s law firm, the demand for services is quite varied covering a broad variety of areas of practice. To meet this broad and varied demand, the Department delivers services through six portfolios. The Department also maintains the capacity to deliver legal services across the country through its regional offices. This regional capacity is an important element of ensuring the responsiveness of our services as demonstrated by the fact that over one half of the active file inventory and associated levels of effort are centered in the regional offices.

As can be seen in Figure 3, the Business and Regulatory Law Portfolio accounts for almost one half of the file inventory and the associated levels of effort of departmental legal counsel. Some of the major files involving the provision of legal advisory services by the Portfolio to client departments dealt with environmental and major procurement issues, historic redress mechanisms and regulatory action in relation to health and safety.

Figure 3: Distribution of Active Files and Associated Levels of Effort by Portfolio and Region

Distribution of Active Legal Files by Portfolios

• Total number of active legal files worked on in 2006-2007: 66,564 files

• Total number of active legal files worked on in 2006-2007: 66,564 files

Level of Effort Dedicated to Legal Files by Portfolios

• Total level of effort dedicated to providing legal services: 1,973,187 professional hours

• Total level of effort dedicated to providing legal services: 1,973,187 professional hours

Distribution of Active Legal Files by Region

• Total number of active legal files worked on in 2006-2007: 66,564 files

• Total number of active legal files worked on in 2006-2007: 66,564 files

 

Level of Effort Dedicated to Legal Files by Region

• Total level of effort dedicated to providing legal services: 1,973,187 professional hours

The Tax Law and Citizenship, Immigration and Public Security Portfolios each account for just less than one fifth (19 percent and 18 percent respectively) of the active file inventory and the associated levels of effort (19 percent and 14 percent respectively). Some of the major advisory files within the Tax Law Portfolio included assisting the Canada Revenue Agency in delivering the Universal Child Care Benefit, supporting the development of the Softwood Lumber Agreement, and the development of an ongoing initiative for implementation of a single administration of the Ontario’s provincial corporate taxes.

The Citizenship, Immigration and Public Safety Portfolio was very engaged in providing support to the government in relation to the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, the Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182, and the Commission of Inquiry into the Actions of Canadian Officials in Relation to Abdullah Almalki, Abou-Elmaati and Muayyed Nureddin.

The Aboriginal Law Portfolio accounts for 11 per cent of the active file inventory and 16 percent of the total levels of effort. Some of the major advisory files focussed on Specific Claims Reform,matrimonial real property, and policy development applicable to comprehensive claims and negotiations.

While the Central Agencies Portfolio represents only about two per cent of the total volume of legal files, counsel are actively involved in some very high profile files including passage and implementation of the Federal Accountability Act, and the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA). The Portfolio has also established a Centre of Expertise to provide legal advisory and litigation services to the employer and deputy heads in staffing recourses filed under the new Public Service Employment Act. Through the efforts of this Centre of Expertise, legal developments in the area of staffing recourses are in keeping with the intent of the Public Service Modernization Act.

Figure 4: Year over Year changes in Legislative Services Inventory


  Figure 4: Year over Year changes in Legislative Services Inventory
Number of bills tabled
Number of motions to amend drafted
 
Number of regulations stamped for Part I of the Canada Gazette
Number of regulations published in Part I of the Canada Gazette
 
Number of regulations stamped for Part II of the Canada Gazette
Number of regulations published in Part II of the Canada Gazette
 

• In 2006-2007, 58 bills were tabled and over 500 revised regulations were published in Part II of the Canada Gazette.

All Government legislation tabled in the House is drafted by the Department of Justice. Over the course of the reporting period, the Department supported the Government in pursuing a comprehensive legislative agenda. As part of the on-going harmonization initiative, all new federal legislation was revised systematically to ensure compatibility with provincial private laws; as well as several changes were initiated in 2006-2007 to existing tax, aboriginal and other federal legislation to similarly ensure its bijural application. Figure 4 presents an overview of the Department’s accomplishments in supporting the Government’s legislative agenda. In total, the Department drafted 58 Bills that were tabled in Parliament. This represents a year-over-year increase of 35 percent in the volume of legislative Bills.

The Department was very much engaged in drafting motions to amend Bills. Year-over-year, the total volume of motions drafted increased by 18 percent. There was a large decrease in the volume of regulations stamped for Part I of the Canada Gazette (year-over-year decrease of 62 percent) however this was balanced by a significant increase in the volume of regulations stamped for Part II of the Canada Gazette (increase of 53 percent). The Department is responsible for the drafting of all Federal Government regulations.

Managing Legal Risk

Legal risk management applies to all government activities where legal risk may arise, from policy development to program implementation and service delivery and, of course, to litigation. Consequently, the management of legal risks is a joint responsibility between client departments and the Department of Justice.

Legal risk management is a part of virtually all the legal and policy work that the Department undertakes. Sometimes it is required during the early days of an issue to avoid litigation. Other times it occurs when an issue or a case assumes a higher profile and senior officials and ministers need to be informed as to the nature of the legal risk involved.

In supporting our clients with high quality legal services, the Department continues to work to ensure the institutionalization of a culture of legal risk management across the federal government. Some of our key activities in this regard involve:

  • scanning for legal risks to identify, avoid, mitigate or manage them early on;
  • exploring ways to reduce legal risks through instrument choice;
  • exploring alternatives to litigation where disputes arise;
  • identifying, monitoring and being responsive to legal trends that may affect the
    Government and emphasizing strategic litigation decisions for managing risks
    across government;
  • contingency planning for high impact litigation cases; and
  • client training to raise awareness of legal risks and in identifying potential
    mitigation strategies.
The Government of Canada is involved in litigation on a broad range of issues that may have a profound impact on policies, programs and finances. The Government requires the best available legal advice to argue a case, anticipate possible outcomes, assess the potential impact of an adverse outcome and develop options to reduce the chances of an adverse outcome or to mitigate its effects.

The Department actively tracks legal risk in the active litigation file inventory. 26 Figure 5 presents aggregate information regarding the breakdown of the active litigation inventory by levels of risk and the associated impacts of risk on departmental resources.

Risk levels have a major impact on workloads and the amount of flexibility we have in managing legal files. By way of example, while only about two per cent of the active litigation inventory was identified as high risk, these files accounted for one quarter of the total level of effort devoted to litigation files by departmental counsel.
Figure 5 also demonstrates the Department’s approach of assigning responsibilities to progressively more senior counsel to address the high risk files; approximately 60 percent of the time spent by the most senior departmental counsel on litigation files is devoted to high risk files.

Figure 5: Managing Legal Risk in Litigation Files

Active Civil Litigation Inventory by Risk Level

Active Civil Litigation Inventory by Risk Level

• Total civil litigation files for which risk was identified: 29,387 files

Level of Effort for Civil Litigation Files by Risk

Level of Effort for Civil Litigation Files by Risk

• Total level of effort dedicated to Civil Litigation files: 893,688 professional hours

Total Levels of Effort Devoted to Low,Medium and High Risk Litigation Files by Level of Counsel

Total Levels of Effort Devoted to Low,Medium and High Risk Litigation Files by Level of Counsel

• Higher risk files consume proportionately more senior effort than lower risk files.

Representing the Crown’s Interest to Enable Government to Attain Its Priorities

The Department is actively involved in representing the Crown’s interest in a broad range of ongoing litigation. Figure 6 summarizes the Crown results for litigation files closed during the past fiscal year. 27 The Crown’s position was upheld on all issues in approximately three quarters of the litigation files closed during the past year. In a further 12 percent of the files, the Crown’s position was partially upheld (i.e., on some but not all of the issues the Crown’s position was upheld). In approximately one sixth of the files the Crown’s position was not upheld.

Figure 6: Crown Results in Litigation Files

Figure 6: Crown Results in Litigation Files

The following subsections provide highlights of some of the major litigation files upon which the Department was actively engaged in the past year. The highlighted files are by no means exhaustive, they are meant to provide a sense of the breadth and range of litigation files upon which the Department is engaged across the country.

Aboriginal Affairs Portfolio

In the Aboriginal Affairs Portfolio, one of the major files in which the Department has been actively involved for the past number of years concerns the legacy of Indian Residential Schools. During the reporting period, counsel from all across the portfolio (NCR and regions) were instrumental in negotiating and drafting an agreement to settle the Indian Residential Schools claims and in obtaining Court approval for the Settlement Agreement. The Settlement Agreement was approved by the Courts of nine jurisdictions in December 2006 and January 2007. The total cost of the settlement is projected to be $3.955 billion. This settlement represents the largest class action settlement in Canada and has been described as an historic agreement.

Within the Prairies Region, the Federal Court of Appeal heard appeals in the Samson Cree Nation and Ermineskin Cree Nation v. HMTQ (Victor Buffalo litigation). The appeals related to the historical and moneys management phases of the trial. The Courts have upheld Canada's position that the interest on Indian moneys was properly calculated and managed.

Also, the Federal Court inMacKenzie Gas Pipeline ruled the Dene Tha’ were not properly consulted when the regulatory apparatus for the pipeline was created five years ago. The federal government is appealing aspects of the decision. Canada and the Dene Tha’ have reached an agreement, finalized on June 28th, 2007, on the settlement of a number of issues between them.

The Quebec Regional Office was actively engaged in the Coon Come vs. Minister of Indian Affairs and Northern Canada in which the Cree of Quebec have a claim against Canada for over $4.5 billion in damages. They criticize Canada for significant deficiencies in the implementation of the James Bay and Northern Quebec Agreement signed in 1975. Canada’s failure to meet several constitutional obligations and contractual commitments are the basis of this claim. On February 23, 2007 – the federal chief negotiator and the Cree chief negotiator signed the principal agreement.

The Ontario Regional Office was involved in Six Nations of the Grand River v. Canada and Ontario which stems from the occupation of land in Caledonia, Ontario. The matter involves other levels of government and multiple stakeholders.

Business and Regulatory Law Portfolio

The Legal Services Unit at Human Resources and Social Development Canada (HRSDC), in collaboration with colleagues from the Public Law and Litigation Sectors, provided support for the national class action case of Canada (Attorney General) v. Hislop at the Supreme Court of Canada. In this case, persons (or their estates) who had been in same-sex relationships and whose partners died before January 1, 1998, sought survivor's pensions for which they were ineligible under the Canada Pension Plan. The Supreme Court held that the time limits on survivors' pensions for same-sex common-law partners violated the Charter right to equality. However, the majority of the court did not award retroactive benefits as far back as 1985, which were sought by the plaintiff class. The majority provided new and important guidance to courts on the criteria for deciding whether retroactive remedies should be applied in constitutional cases.

Some important litigation within this Portfolio was managed from the Quebec Regional Office. By way of examples, in Société Radio-Canada (SRC) et al. v. PG Québec, PG Canada et al. the media challenged the validity of amendments made to the Rules of Procedure prohibiting the broadcasting of official recordings of hearings and restricting the use of cameras in Quebec court houses. The Superior Court of Quebec refused themedia'smotion and found that Parliament rightly exercised its criminal jurisdiction and that the rules adopted are justified under section 1 of the Canadian Charter of Rights and Freedoms. This ruling is currently under appeal.

In Canada (Attorney General) v. JTI-Macdonald Corp. more than a decade of concentrated work by the Quebec Regional Office, Public Law and Health Canada Legal Services counsel culminated in a successful outcome before the Supreme Court of Canada. The government of Canada defended the advertising restrictions under the Tobacco Act against a challenge by three tobacco companies. The Court recognized the complexity of the task facing legislators when dealing with tobacco, particularly where youth smoking is concerned.

Tax Law Services Portfolio

The Supreme Court of Canada rendered a decision on one of the major litigation files in the Tax Law Portfolio in October 2006 (i.e., the Imperial Oil & Inco cases). The Supreme Court agreed with the Crown position that certain foreign exchange losses were not deductible under subsection 20(1) (f ) of the Act. The cases have been widely discussed in the tax community and are considered by the CRA and Finance to be of considerable importance. Also, at the Appellate level, the Crown’s interpretation of tax Collection Agreements was sustained in the Manitoba Court of Appeal in the Gendis case and the ambit of the audit and investigatory powers of the CRA were maintained in the Federal Court of Appeal in the Redeemer Foundation case. Redeemer Foundation has now obtained leave before the Supreme Court of Canada.

In the Prairies Region, the Department has been actively involved in amajor transfer pricing case (Glaxo Smithkline v. HMTQ). The issue in the appeal is whether Glaxo, a multinational drug manufacturer, transferred input costs from Canada to a subsidiary in a lower tax jurisdiction, thereby by-passing lower-priced Canadian suppliers. Transfer pricing negatively impacts the tax base and this case is one of the first to consider the transfer pricing provisions of the Income Tax Act.

Citizenship, Immigration and Public Safety Portfolio

The Citizenship, Immigration and Public Safety Portfolio was actively engaged in a number of national security certificate cases including Almrei, Jaballah and Mahjoub. Many of these cases were managed from the Ontario Regional Office.

The BC Regional Office was actively involved in Deacon v. Attorney General of Canada wherein a convicted pedophile who was made subject to a supervision order following completion of his custodial sentence challenged the medication condition in Federal Court, arguing that the Corrections and Conditional Release Act does not give the National Parole Board the power to impose such a condition and the imposition violates the 'principles of fundamental justice' guaranteed by s. 7 of the Charter. The Federal Court dismissed Deacon's application and that decision was upheld by the Federal Court of Appeal. Leave to appeal to the Supreme Court of Canada was dismissed.

Central Agencies Portfolio

Within the Central Agencies Portfolio there was a significant increase in litigation related to pension plan matters. The Portfolio also supported the Office of the Superintendent of Financial Institutions in responding to four applications for judicial review regarding pension plans. These applications raise complex legal issues. In particular, two of them (regarding the pension plans for Marine Atlantic and Rogers Communications) flow from Supreme Court of Canada decisions in Monsanto Canada Inc. v. Ontario (Superintendent of Financial Services) and Buschau v. Rogers Communications Inc.

Justice Portfolio

The British Columbia Regional Office was actively involved in Christie, Dugald in which the Supreme Court of Canada unanimously allowed an appeal by the Attorney General of British Columbia and upheld the constitutional validity of a provincial tax on legal services on the basis that the Constitution did not guarantee any general access to legal services.

Canadian Bar Association v. HMQ in Right of the Province of BC et al. (BCSC) - The Canadian Bar Association (CBA) seeks to establish a constitutional right to civil legal aid. On September 5th, 2006 the BC Supreme Court dismissed the CBA’s action on the ground that the CBA lacked public interest standing to bring the action as well as on the ground that the claims by the CBA for alleged violations of written and unwritten constitutional norms and breach of Charter rights failed to disclose a reasonable cause of action. The amount at risk is in the billions of dollars. The CBA's appeal to the Court of Appeal is scheduled for Fall 2007.

Milgaard Inquiry into theWrongful Conviction of David Milgaard involved counsel representing 12 parties, including the Federal Minister of Justice and the RCMP. Evidence was heard over a two year period and addressed allegations of police and prosecutorial incompetence and cover-up. Commissioner MacCallum's report is expected later this year.

Client focussed Service delivery

As part of the Department’s efforts to ensure high quality legal services, we have launched a standardized survey to gauge client perceptions of the legal advisory, legislative and regulatory drafting, and litigation services to government.28 The Department has adopted a standardized approach to gauging client perceptions in order to:

  • establish a baseline of information;
  • identify areas where service improvements may be needed; and
  • jointly monitor, with our clients, progress over time in addressing any identified issues.

There are many determinants of client perceptions of services, programs and products. However, extensive research completed over the past two decades has identified three core elements that are important predictors of overall perceptions of service quality – timeliness, responsiveness, and usefulness.

Accordingly, the DoJ survey concentrates primarily on measuring these three core predictors with a particular focus on the following individual elements for each:

Timeliness
  • provision of services in a timely manner
  • negotiating mutually agreed-upon deadlines
  • meeting mutually agreed-upon deadlines
Responsiveness
  • provision of services in official language of choice
  • provision of services in a courteous and respectful manner
  • understanding the nature of the problems/issues for which the client was seeking assistance
  • advising on issues and developments which may impact the client's department or agency
  • provision of regular and informative feedback to the client on the status / progress of the file
  • use of alternative dispute resolution, where appropriate • identified opportunities for early settlement of cases, where appropriate

Usefulness

  • provision of clear and practical guidance to the client
  • involvement of the client in developing legal strategies and positions
  • developed legal strategies appropriate to client's policy and/or program objectives
  • identification of legal risks
  • working with the client to manage legal risks
  • resolution of the problems/issues for which the client was seeking assistance

The survey questionnaire uses a ten point scale to garner client feedback.29 In the absence of benchmarks, the Department set a target score of 8.0 for each of the three elements of service quality. The survey results are presented below.

As can be seen, client feedback is very positive regarding the timeliness, usefulness and responsiveness of our services. The results presented Figure 7 represent composite scores for responsiveness, usefulness and timeliness. These scores represent an aggregated average score for each individual element used to measure usefulness (six elements), timeliness (three elements) and responsiveness (seven elements).30 The Department will continue to roll-out the survey and will read minister the survey on a three year cyclical basis.

Figure 7: Feedback Survey Results


  Feedback Survey Results
Timeliness
Usefulness
 
Responsiveness
 
Overall
 

Program Activity B.2 Providing Prosecution Services
Public Prosecution Service of Canada (formerly called the Federal Prosecution Service)

The Public Prosecution Service of Canada (PPSC) is a federal government organization, created on December 12th, 2006, when Part 3 of the Federal Accountability Act received Royal Assent, bringing the Director of Public Prosecutions Act into force.

The PPSC fulfills the responsibilities of the Attorney General of Canada in the discharge of his criminal law mandate by prosecuting criminal offences under federal jurisdiction and by contributing to strengthening the criminal justice system.

In this regard, the PPSC assumes the role played within the Department of Justice Canada by the former Federal Prosecution Service (FPS), and takes on additional responsibilities for prosecuting new fraud offences under the Financial Administration Act as well as offences under the Canada Elections Act. Unlike the FPS, which was part of the Department of Justice, the PPSC is an independent organization, reporting to Parliament through the Attorney General of Canada.

Mandate

The creation of the PPSC reflects the decision to make transparent the pre-existing principle of prosecutorial independence, free from any improper influence.

The mandate of the PPSC is set out in the Director of Public Prosecutions Act. The Act calls on the PPSC to provide prosecutorial advice to law enforcement agencies, and to act as prosecutor in matters prosecuted by the Attorney General of Canada on behalf of the Crown.

In fulfilling its mandate, the PPSC benefits Canadians by:

  • promoting effective investigations, the rule of law, and respect for the rights of Canadians by providing pre-charge legal advice to investigative agencies;
  • upholding federal laws through principled and independent decisions by prosecutors; and
  • instilling confidence in the administration of justice by conducting prosecutions that result in a judicial determination on the merits of the case.

Governance

The PPSC reports to Parliament through the Attorney General of Canada. The Director of Public Prosecutions Act states that the Director of Public Prosecutions acts "under and on behalf of the Attorney General of Canada." The relationship between the Attorney General and the Director is premised on the principles of respect for the independence of the prosecution function and the need to consult on important matters of general interest.

Safeguarding the Director's independence is the requirement that all instructions from the Attorney General be in writing and published in the Canada Gazette. In turn, the Director must inform the Attorney General of any prosecution or planned intervention that may raise important questions of general interest, allowing the Attorney General the opportunity to intervene in, provide a directive relating to, or assume conduct of, a case. Additionally, the PPSC must provide the Attorney General with an annual report for tabling in Parliament.

Powers,Duties, and Functions of the Director

The core powers, duties, and functions of the Director of Public Prosecutions are set out in subsection 3(3) of the Director of Public Prosecutions Act. These responsibilities include:

  • initiating and conducting federal prosecutions;
  • intervening in proceedings that raise a question of public interest that may affect the conduct of prosecutions or related investigations;
  • issuing guidelines to federal prosecutors;
  • advising law enforcement agencies or investigative bodies on general matters relating to prosecutions and on particular investigations that may lead to prosecutions;
  • communicating with the media and the public on all matters respecting the initiation and conduct of prosecutions;
  • exercising the authority of the Attorney General of Canada in respect of private prosecutions; and
  • exercising any other power or carrying out any other duty or function assigned by the Attorney General that is compatible with the office of the Director.

When carrying out these statutory responsibilities, the Director is the Deputy Attorney General of Canada. Unless otherwise directed in writing by the Attorney General, the Director has the power to make binding and final decisions to prosecute offences under federal statutes.

Role of the Prosecutor

Canadian courts expect a great deal from prosecutors, who are subject to ethical, procedural, and constitutional obligations. Traditionally, their role has been regarded as that of "a representative of justice" rather than that of "a partisan advocate." Their functions are imbued with a public trust. Prosecutors are expected to discharge their duties with fairness, objectivity, and integrity. Their role is not to win convictions at any cost but to put before the court all available, relevant, and admissible evidence necessary to enable the court to determine the guilt or innocence of the accused. As stated by the Supreme Court of Canada in Boucher v. The Queen, [1955] S.C.R. 16, at 23-24:

“It cannot be over-emphasized that the purpose of a criminal prosecution is not to obtain a
conviction, it is to lay before a jury what the Crown considers to be credible evidence relevant to
what is alleged to be a crime. Counsel have a duty to see that all available legal proof of the facts
is presented: it should be done firmly and pressed to its legitimate strength, but itmust also be done
fairly. The role of prosecutor excludes any notion of winning or losing; his function is a matter of
public duty than which in civil life there can be none charged with greater personal responsibility.
It is to be efficiently performed with an ingrained sense of the dignity, the seriousness and the
justness of judicial proceedings.”

Roles and Responsibilities of the PPSC

The PPSC is responsible for prosecuting offences under more than 50 federal statutes and for providing prosecution-related legal advice to law enforcement agencies. Cases prosecuted by the PPSC include those involving drugs, organized crime, terrorism, tax law, money laundering and proceeds of crime, crimes against humanity and war crimes, Criminal Code offences in the territories, and a large number of federal regulatory offences.

The PPSC is not an investigative agency. It prosecutes when a charge has been laid pursuant to an investigation by the Royal Canadian Mounted Police (RCMP) or some other investigative agency of a violation of federal law. The PPSC provides advice and assistance to investigators at the investigative stage and works closely with them, particularly in terrorism, criminal organization, proceeds of crime, money laundering, market fraud, and mega cases.

The responsibilities of the PPSC vary somewhat by province and territory:

  • In all provinces and territories, except Quebec and New Brunswick, the PPSC is responsible for prosecuting all drug offences under the Controlled Drugs and Substances Act, regardless of which police agency investigated the alleged offences. In Quebec and New Brunswick, the only drug offences prosecuted by the PPSC are those investigated by the RCMP.
  • In all provinces and territories, the PPSC prosecutes violations of federal statutes such as the Fisheries Act, the Income Tax Act, the Excise Act, the Competition Act, the Customs Act, the Canadian Environmental Protection Act, and the Canada Shipping Act, as well as con spiracies and attempts to violate these statutes. The PPSC also prosecutes terrorism and certain criminal organization offences under the Criminal Code, as well asmoney laundering and offence related property and proceeds of crime charges. Under arrangements with the provinces, the PPSC may also prosecute Criminal Code offences related to drug charges.
  • In all three territories, the PPSC is responsible for prosecuting all Criminal Code offences and offences under other federal statutes.

On a national level, the PPSC performs a number of key roles to fulfill the criminal litigation responsibilities of the Attorney General, including:

  • providing legal advice to investigative agencies and government departments on the criminal law in the context of investigations;
  • participating in multidisciplinary integrated enforcement teams with members of partner organizations, including the RCMP;
  • applying for various types of judicial authorizations before charges are laid to enable the police to carry out their investigations lawfully, including wiretap applications and applications for special search warrants and restraint orders;
  • reviewing charges and exercising the Attorney General's discretion to prosecute;
  • performing legal, financial, and strategic risk assessments and developing plans for managing the prosecution of mega cases;
  • acting as prosecutor in all matters prosecuted by the Attorney General of Canada on behalf of the Crown; and
  • acting as a centre of expertise for criminal law, national security, and federal prosecution matters, and providing the prosecutor's perspective on the development of amendments to federal statutes relevant to the criminal justice system.

About the Organization

The PPSC has a headquarters office in Ottawa, 11 regional offices, 5 sub-offices, and a group of federal prosecutors who specialize in competition law prosecutions. Of its approximately 670 employees, the majority are staff prosecutors supported by other professionals, such as paralegals, administrators, legal assistants, and corporate services staff.

The Year in Review

The period under review in this report begins on April 1st, 2006 and ends on March 31st, 2007. However, on December 12th, 2006, the Public Prosecution Service of Canada (PPSC) was created as a new and independent organization and on that date, the principal prosecution function of the Attorney General of Canada was transferred from the Department of Justice to the PPSC. Within the Department of Justice, the preparation and planning of prosecutors and staff resulted in a transition unmarred by operational impacts or delays.

The success of the transition can be attributed to the hard work and professionalism of employees from the PPSC and the DOJ. The PPSC is taking a gradual, phased approach to the administrative and corporate changes resulting from the creation of a new organization. This approach ensures continuity and a smooth transfer of functions and duties as the PPSC builds its organization.

A Phased Transition

The transition from the FPS to the PPSC involves three key phases:

  • Phase One took place prior to December 12th, 2006. It involved an assessment of the expected corporate and business needs of the PPSC, as well as the planning and preparation necessary to meet those needs.
  • Phase Two started on December 12th, 2006 when the Federal Accountability Act received Royal Assent and when the Director of Public Prosecutions Act came into force. Start-up activities for the PPSC began and prosecutorial services were transferred to the PPSC while the Department of Justice continued to provide corporate and administrative services.
  • The third phase, from March 31st, 2007 onwards, will see the PPSC develop its corporate services model.

Directives and Assignments

To safeguard the independence of the PPSC, the Director of Public Prosecutions Act requires that all directives and assignments issued by the Attorney General be published in the Canada Gazette. On March 10th, 2007, one directive and two assignments from the Attorney General to the Director of Public Prosecutions were published.

Directive on the Federal Prosecution Service Deskbook

This Directive instructed all federal prosecutors and Crown agents acting as federal prosecutors to continue to apply the policies and guidelines set out in the Federal Prosecution Service Deskbook (FPS Deskbook). The FPS Deskbook contains policies and guidelines for prosecutors who act on behalf of the Attorney General of Canada. It was published when the FPS carried out the prosecutorial function of the Attorney General of Canada and is available to the public through the PPSC website. 31

Assignment on Best Practices

This Assignment gave the Director of Public Prosecutions the responsibility for developing a set of best practices for prosecuting frauds against governments. Since the PPSC's mandate includes the prosecution of the new fraud provisions in the Financial Administration Act, the development of best practices is a PPSC priority.

Assignment on Prosecutions through Agreement with Provincial Attorneys General

This Assignment authorized the Director of Public Prosecutions to conduct prosecutions that the Attorney General can undertake through agreements with the provincial Attorneys General, and to conduct, under the authority of provincial Attorneys General, prosecutions and related proceedings, including appeals of charges that fall under the exclusive prosecutorial authority of the province.

This assignment was given to provide greater certainty and to confirm existing practices under so-called "major-minor" arrangements or agreements, pursuant to which federal prosecutors receive authority to prosecute Criminal Code offences on behalf of a provincial Attorney General. This generally occurs where the Criminal Code offences are related to drug offences. 31 http://www.ppsc-sppc.gc.ca/eng/pub/fpsd-sfpg.html

Similarly, provincial prosecutors are authorized by these arrangements or agreements to prosecute federal offences where the major offence is in the Criminal Code. Such arrangements or agreements are called "major-minor" agreements because the prosecution service having carriage of the "major" charge will prosecute the "minor" charge as well.

Communications

Communications is a priority for the PPSC. As stated in the Director of Public Prosecutions Act, one of the responsibilities of the Director of Prosecutions is to communicate with the media and the public on all matters relating to prosecutions. To this end, the PPSC has set and is achieving its communication goals with the release of its Report on Plans and Priorities 2007–2008, the creation of the PPSC website at www.ppsc-sppc.gc.ca, the production of its first annual report and this DPR, and the ongoing development of its communications plan, which aims to increase public awareness of the PPSC and confidence in the criminal justice system as it relates to prosecutions.

In 2006-2007, the Public Prosecution Service focussed its efforts in the following areas:

  • Prosecution of drug, organized crime and Criminal Code offences
  • Addressing criminal issues related to contributing to a safer world for Canada
  • Prosecution to protect environment, natural resources, and economic health
  • Achieving excellence in managing for results, including legal risk management
  • Addressing the sustainability of the Public Prosecution Service

1. Prosecution of Drug,Organized Crime and Criminal Code Offences

This program activity focuses on the prosecution of drug-related crimes, organized crime, and Criminal Code offences throughout Canada.

Under this program activity, the PPSC is responsible for the following:
  • Providing advice during police investigations and prosecuting drug charges under the
    Controlled Drugs and Substances Act, regardless of whether the case arises from a federal,
    provincial, or municipal police agency investigation. In Quebec and New Brunswick,
    however, the PPSC only prosecutes drug offences investigated by the Royal Canadian
    Mounted Police (RCMP).
  • Prosecuting organized crime cases and, pursuant to arrangements with the provinces, Criminal Code offences in cases where drug offences are the "major" charges and Criminal Code offences are the "minor" charges.
  • Prosecuting all Criminal Code offences in the three territories.

This was an important activity for the Public Prosecution Service in 2006-2007. During that year, 88 percent of the litigation files on which the PPSC worked involved drugs, organized crime and Criminal Code offences.

Within this, organized crime continued to be the substantive priority for the PPSC in 2006-2007, reflecting the priority given to this issue by the federal government, federal police and other law enforcement authorities, and the PPSC.

During 2006-2007, the PPSC also continued to implement the Intensive Prosecution Strategy for Organized Crime; continued its focus on inter-jurisdictional cooperation within the prosecutorial community, and with investigative agencies both federally, nationally and internationally; provided advice and litigation support during the investigative stage on highly complex cases; served as prosecutor on organized crime cases prosecuted by the Attorney General of Canada on behalf of the Crown; and pursued proceeds of crime and offence-related property.

While all PPSC regional offices are prosecuting organized crime cases, a number of PPSC regional offices are involved in highly complex and resource intensive cases that continued through 2006-2007 and will do so through 2007-2008, and require dedicated teams of experienced counsel.

2. Addressing Criminal Issues, in the Context of Prosecutions, to Contribute to a SaferWorld for Canada

The focus of this program activity is to prosecute offences under federal statutes such as the anti-terrorism provisions of the Criminal Code, the Proceeds of Crime (Money Laundering) Terrorist Financing Act, the Customs Act, the Excise Act, and the Excise Tax Act. This activity combats transnational crime and terrorism. The PPSC may also assist in executing extradition and mutual legal assistance requests before Canadian courts under the Extradition Act and the Mutual Legal Assistance in Criminal Matters Act.While this program activity is expected to involve a small number of cases, some will be very resource intensive and lengthy in duration.

In 2006-2007, less than 1 percent of the files on which the PPSC worked involved public safety and anti-terrorism. National security issues continue to dominate the domestic and international agenda. The international focus on the threat of terrorism and the legal ramifications of counter-terrorism measures are matters requiring judicious consideration and a balancing of the competing interests of security, liberty and privacy.

The PPSC also prosecuted cases of human smuggling and provided legal advice to federal departments in relation to investigations of suspected human smuggling. It should be noted that on December 12th, 2006, while the PPSC became a new department of government, the International Assistance Group (IAG) and the National Security Group (NSG) that were part of the former Federal Prosecution Service, remained with the Department of Justice.

3. Prosecuting Federal Offences to Protect the Environment, Natural Resources, and Economic and Social Health

The PPSC carries out this program activity by providing advice and support to federal investigative agencies and by prosecuting federal offences under approximately 50 federal statutes.

These prosecutions include offences falling under legislation such as the Income Tax Act, the Fisheries Act, and the Canadian Environmental Protection Act. In cases where a specialized knowledge of specific legislation is required, teams of prosecutors with expertise on the specific statute are dedicated to the prosecutions. For example, the Atlantic Regional Office has a dedicated team of counsel devoted to prosecuting fisheries offences. In addition, PPSC counsel play a key role in the Integrated Market Enforcement Team (IMET) initiative.

In 2006-2007, the FPS/PPSC caseload in relation to these prosecutions accounted for 10.9 percent of its total litigation caseload.

4. Achieving Excellence in Managing for Results, including LRM

As part of the PPSC's performance management approach to our core business and to strengthen performance reporting, in 2006-2007, the PPSC Advisory Board continued to build on its strategic and operational business planning, improved the reports available to PPSC managers for performance management from the iCase file management system, and continued its work to strengthen PPSC performance measures and related data quality.

On the legal risk management (LRM) front, reports on cases with the highest risks are prepared and updated monthly for senior management. There has been a dedicated effort in 2006-07 to improve the quality of LRM data on organized crime cases, through an internal auditing and validation process, which resulted in a new LRM report on mid- to high-risk organized crime cases for seniormanagement. The LRMdatabase has been expanded and improved in 2006-2007, and a major data quality validation was performed each quarter, to ensure that LRM data remained current and accurate.

5. Ensuring the Sustainability of the Public Prosecution Service

Under 50 federal statutes, the PPSC performed the criminal litigation responsibilities of the Attorney General of Canada and Minister of Justice, that is the prosecution and prosecution-related functions, in relation to cases referred by federal police, RCMP contract police, provincial, and municipal police forces. Over time, the workload of the PPSC has risen in response to changes in the level of police resources, their priorities (e.g. to address grow-ops and meth labs) and operational strategies. The PPSC will seek to ensure its sustainability.

Expected Results for Policy/Program/Service:
  • effective prosecution of drug, organized crime and Criminal Code offences;
  • criminal issues, in a prosecutorial context, contributing to a safer world for Canada, are addressed;
  • effective prosecutions to protect the environment, natural resources, and economic and social health;
  • excellence is achieved in managing for results, including legal risk management; and
  • strategies are developed and implemented to address the sustainability of the PPSC.

Our Performance during 2006-2007 in Support of this Strategic Outcome:

The table below shows the PPSC performance in the delivery of prosecution services over the reporting period.

Program Activity B.2: Providing prosecution services Expected Results: Effective pre-charge interventions/advice


Elements Indicators Measures Data Collection
Effective management of PPSC caseload (Staff prosecutors and Agents) Caseload

Percentage of new litigation and advisory files that were opened in the fiscal year, plus carry-over files i.e. files opened in previous fiscal years against which time was
recorded in the new fiscal year, for:

  • Drugs, organized crime and Criminal Code offences: 88%
  • Public safety and anti-terrorism files: 0.4%
  • Regulatory prosecutions:
iCase file management system
(From this point Staff prosecutors only) Complexity
of caseload

Breakdown of cases by complexity i.e. low,moderate, high complexity:

  • Low:61%
  • Moderate: 35%
  • High: 3%
  • Mega: 1%
iCase file management system
  New files where pre-charge
advice provided

Percentage of new files where precharge advice was provided by
level of complexity, for:

1. Based on the % of new files with Advice by complexity level

  • Organized crime:
    Mega: 67%
    High: 18%
    Moderate: 15%
    Low: 7%
  • Public safety and anti-terrorism
    High: 65%
    Moderate: 37%
    Low: 45%
2. Based on the % relative to the total number of Regulatory Advisory files
  • Regulatory prosecutions:
    Mega: 0.5%
    High: 7.6%
    Moderate: 66.5%
    Low: 17.8%
    N/A: 7.6%
iCase file management system
Effective Prosecutions Outcome of cases decided
on merit Outcomes of cases not pursued for prosecution

Outcomes of cases decided on merit, based on most serious outcome:

  • Guilty pleas: 75.2%
  • Guilty plea to lesser offence: 4.8%
  • Conviction: 16.2%
  • Conviction of a lesser offence: 0.3%
  • Acquittal: 3.5%
Outcomes of cases not pursued for prosecution:
  • stayed by the Crown: 37%
  • withdrawn: 53%
  • charges declined: 1%
  • diverted: 9%
iCase file management system
Maintaining public confidence in the
administration of criminal justice
Trends in public confidence in the criminal justice system Joint measure of police and prosecution services. General Social Survey
Achieving excellence in managing for results, including legal risk management Legal risks are identified and
managed
Reports on cases with the highest risks are prepared and updated monthly for senior management. PPSC
  Improved PPSC data quality 95% completion of key data for new litigation files opened and files closed during the fiscal year, for in-house counsel files. iCase file management system

 


10 Further details about the TPP spending are found at: http://www.tbs-sct.gc.ca/rma/eppi-ibdrp/hrdb-rhbd/profil_e.asp Program Activity Name: A. 3 Managing and Coordinating strategic policies and priorities
11 Activities and accomplishments with regard to the efficient delivery of legal services to government are discussed
later in this document under Strategic Outcome II.
12 The Daily, March 8, 2007, Statistics Canada
13 Brydges duty counsel provide summary legal advice to accused persons upon arrest and/or detention, informing them of their Constitutional rights, most commonly through a telephone hotline or alternatively, in person.
14 Further details about the TPP spending are found at: http://www.tbs-sct.gc.ca/rma/eppi-ibdrp/hrdb-rhbd/profil_e.asp
15 Collecting Data on Aboriginal People in the Criminal Justice System: methods and challenges, Canadian Centre for Justice Statistics, Statistics Canada, May 2005, p.7.
16 Ibid., page 6.
17 Link to Evaluation url : AJS 2007
18 http://www.justice.gc.ca/en/ps/eval/index.html
19 Further details about the TPP spending are found at: http://www.tbs-sct.gc.ca/rma/eppi-ibdrp/hrdb-rhbd/profil_e.asp
21 See “Canada’s Performance 2006: The Government of Canada’s Contribution – Annual Report to Parliament”, http://www.tbs-sct.gc.ca/report/govrev/06/cp-rc_e.asp.
22 The Program Activity of B.2 Providing Prosecution Services is no longer included in the Department of Justice’s Program Activity Architecture. As of December 12th, 2006, with the creation of the Public Prosecution Service of Canada (PPSC), the majority of the Department’s prosecution activities were assumed by the new organization. Because this machinery change occurred during the reporting period, and because the PPSC’s costs were managed by the Department of Justice until March 31st, 2007, their performance report is included in this document. In future years, the PPSC will submit its own DPR to Parliament as it did with the 2007-2008 Report on Plans and Priorities.
23 Activities and results related to improving efficiencies in the justice system were discussed earlier in this document
under Strategic Outcome I.
24 The data presented with respect to the distribution of active files and level of effort is reflective of the departmental case management system as of April 17, 2007. Active legal files consist of advisory, legislative and litigation files for which time was logged between April 1st, 2006 and March 31st, 2007. In 2006-2007. the majority of departmental branches and individual work units used the department’s standard case management and timekeeping system (i.e., iCase). However, during the fiscal year, some units converted to (14 units) or had not yet begun to migrate
(3 units) to the department’s standard system. As a result some of the department’s files and associated levels of effort are not reflected in the data presented in this report. In total, these units account for 265 FTEs which represents 15 percent of the total number of departmental legal counsel FTEs devoted to the provision of legal services to government. As a result of these two factors, the numbers identified in this report understate the total volume of files and associated level of effort. It is anticipated that the 2008-2009 data will cover all departmental branches and units associated with the provision of legal services to the Government of Canada.
25 Data provided on active civil litigation inventory by risk level only includes the files for which a risk level was identified (29,387 files) and does not take into account 8,286 active files. Some files might not have a risk level identified for various reasons (e.g., the file has not been assessed yet or it is too early to identify an accurate risk level). The risk levels associated with files presented in this report is reflective of the departmental case management system as of April 17, 2007. The level of effort presented for civil litigation files by risk and by level of counsel only includes time logged against files for which a risk level was identified (893,688 hours) and excludes 209,516 hours logged on files for which no risk level was identified.
26To be considered an ADR file, a file has to be closed through one of the following mechanisms: arbitration, settlement by negotiation, settlement by voluntary mediation, settlement by mandatory ediation, settlement by consent and settlement by alternative judicial process.
27 Crown results presented with respect to civil litigation files only include active files for which a final result was identified.
It excludes 1,771 litigation files closed/transferred for administrative reasons and for which a Crown result does not apply.
28 To date, about one half of government departments and agencies have participated in the survey.
29 The questionnaire and survey methodology were developed in partnership with Statistics Canada and the approach was determined to meet or exceed the Auditor General’s recommendations for quality and reporting of surveys (The Quality and Reporting of Surveys – November 2005). The web-based survey was distributed via e-mail as a result of partnerships with the Canada Public Service Agency and PublicWorks and Government Services. During the reporting period, the survey was administered to 24 Client Departments with a total of 12,211 employees at the EX minus 1 through EX-05 levels across government. All results are reported using a margin of error at a 95 percent confidence level. For overall results of each element of satisfaction, the margin of error is 0.3 or less. As the Department undertook a census survey of all potential respondents in the target population, sampling bias isminimal.
30 Composite scores for each element of satisfaction are determined by finding the average on a respondent by respondent basis and then calculating the mean.