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Section IV – Other Items of Interest

Corporate Management

In order to facilitate the successful delivery of outcomes for Canadians, the Department establishes corporate priorities and plans to improve management. Our activities in this vein reflect the elements of the Government’s Management Accountability Framework (MAF)¹⁴.

For the 2007–08 reporting period, our corporate priorities included Our People, and the Implementation of the Sustainable Funding Regime (stemming from the Review of Legal Services).

Our People

Over the course of the past year, a more strategic and integrated approach has been taken to strengthen the leadership and management cadre within the Department. Particular focus was based on developing leadership capacity and strengthening management capacity in areas such as planning and managing in a unionized work environment. Renewal and modernization continued to be key priorities within the Department. To this end, the Department worked diligently on the implementation of the priorities and activities of our three-year Human Resources Management Plan (2007–2010), which is built around and supports the four pillars under the umbrella of Public Service Renewal as communicated by the Clerk; namely, Planning, Recruitment, Employee Development and Enabling Infrastructure. The Department implemented various strategies and initiatives to respond to the Clerk’s 2007–08 Renewal Action Plan, to ensure that our departmental workforce remained representative of Canadian society, to respond to our commitment to continuous learning and professional development of our employees, and to respond to the workplace health needs and the Public Service Employee Survey (PSES) results.

Some of the specific initiatives are detailed below:

• Numerous internal learning programs addressing legal, management/leadership and professional development were offered to employees. These included Advanced Negotiation Skills, Project Planning, Staffing for Managers, Labour Relations Training for Managers, What Justice Employees Need to Know about the Law, Promoting your Professional Development, Applying for a Position in the Public Service, to name but a few of the programs offered. In addition, Individual Learning Plans were developed for all staff as part of the performance management process.
• A National Outreach and Recruitment Strategy was developed for the legal stream (lawyers, paralegals and legal assistants) to better leverage outreach and recruitment in a consistent and integrated manner. The Governing Council endorsed this in February 2008, as did the HRCOM in March 2008. An action plan for year one activities was developed for implementation commencing in 2008–09.
• The ADM Talent Management exercise was implemented within the Department and high potential candidates for succession planning purposes were identified. In addition, an LA 3C collective staffing process was undertaken to support succession planning at the ADM level within the Department and work commenced on the development of a succession-planning framework for the senior levels of the LA Group. The department also promoted and supported participation in a number of external leadership development programs such as the AEXDP (which now includes an LA stream), the Advanced Leadership Program, Career on the Move, etc.
• The department entered into year two of its two-year pilot Justice Leaders of Tomorrow Program (JLTP), a program aimed at developing leadership capacity to meet the future needs of the organization. An evaluation of the program resulted in a number of recommendations regarding its future; they will be implemented over the course of the next fiscal year before launching a second call for the program in 2009. The program continues to support the achievement of our employment equity goals.
• In the fall of 2007, the current cohort of JLTP participants presented their short-term recommendations to Governing Council in response to four issues identified in the PSES. These recommendations pertained to work-life balance, official languages in the workplace, career development, and harassment and discrimination. JLTP ambassadors from each group were nominated to support the implementation of the approved recommendations. Their recommendations were incorporated into the Departmental Human Resources Management Plan.
• In April of 2008, both HR.COM and SMB approved the use of PS Leadership Competencies in the Department in order to support a leadership development strategy encompassing recruitment, performance management, leadership development and succession planning.
• Senior Management approved a National Mentoring Program with a strong Employment Equity component open to all employees. The new mentoring program will be officially launched in 2008.
• In addition to the National Mentoring Program, a number of other initiatives were implemented within the department to ensure the attainment of our Employment Equity goals as well as to improve accountability for results in this area. The Department offered training on bias-free selection, launched the Objective Eye tool, issued a new directive on the use of Employment Equity as an organizational tool where there has been persistent under-representation, developed new performance measures and integrated them into the Performance Management program, and obtained approval for the development and delivery of mandatory diversity training for all staff commencing in the fall 2008.
• Work continued on two classification standard modernization initiatives, specifically for the LA Group and the EC Group, which comprises paralegals and policy analysts within the Department. During the reporting period, model work descriptions were developed and a comprehensive review of all organizational units was undertaken in order to clearly define our management cadre. These initiatives will position the Department to ensure that the EC standard work is completed within prescribed time frames and to support the implementation of the new LA standard once Treasury Board approves it.
• Work commenced on the development of a strategy and action plan to build Official Languages capacity in the workplace.
• In order to ensure our commitment to open dialogue on public service values and ethics, and to ensure that our employees know their rights and responsibilities under the Values and Ethics Code for the Public Service (the Code), the Public Servants Disclosure Protection Act (PSDPA) and the departmental harassment policy entitled Towards a Workplace Free of Conflict and Harassment, the Department established the Office for Ethics, Disclosure Protection and Harassment Complaints in the summer of 2007 and launched a new Intranet site to serve as a key resource for all employees.

Implementation of the Sustainable Funding Regime

The Review of Legal Services to Government was undertaken in collaboration with the Treasury Board Secretariat in 2004–05 with the following two objectives:

• to improve the sustainability of the delivery of legal services in government by recommending strategies to improve legal services delivery and ensure a sustainable funding regime; and
• to identify approaches to effectively manage litigation in the federal government.

The findings and final recommendations from the Review as well as the rate structure and annual legal services rates for 2007–08 were presented to and approved by TB Ministers in March 2007.

With the development of targeted recommendations and a successful presentation of its key findings to Treasury Board and approval of the funding model for the delivery of legal services to government, the Review of Legal Services has successfully completed its mandate.

During 2007–08, Justice moved forward with the implementation of the Treasury Board approved recommendations from the Review, including the following:

• introducing a net voting regime that provides Justice with the authority to spend revenues received from departments and agencies for legal services rendered as well as the legal services rate structure and rates that were implemented on April 1, 2007;
• strengthening capacity to capture more complete business and strategic information on the services that Justice provides to government;
• continuing to lead the development of best practices in the management of disputes; and
• buttressing research efforts in the monitoring of litigation trends and drivers in government.

Over the past year, the Department of Justice continued to work closely with the Treasury Board Secretariat, departments and agencies in relation to the implementation of the legal services funding and recovery model. In addition, the Department of Justice has also obtained approval in February 2008 for the 2008–09 legal services rates.

¹⁴ For further details on the Government’s Management Accountability Framework (MAF) and about the Department’s MAF ratings and progress, please consult http://www.tbs-sct.gc.ca/maf-crg/intro_e.asp.

Legislation for which the Department is Responsible:

The Department of Justice exists by virtue of the Department of Justice Act, first passed in 1868. The Act establishes the Department’s role and sets out the powers, duties and functions of the Minister of Justice and the Attorney General of Canada.

In addition to this general enabling statute, the Minister and the Department have responsibilities under a number of other laws. These range from fairly routine matters, such as tabling the annual report of an agency in Parliament, to broader responsibilities, such as the obligation to review all government bills and regulations for compliance with the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Statutory Instruments Act. The laws for which the Minister has sole or shared responsibility to Parliament are listed below. ¹⁵

Access to Information Act, R.S. 1985, c. A-1 (responsibility shared with the President of the Treasury Board )._¹⁶
Annulment of Marriages Act (Ontario), R.S.C. 1970, c. A-14.
Anti-Terrorism Act, S.C. 2001, c. 41.

Bills of Lading Act, R.S. 1985, c. B-5 (responsibility shared with the Minister of Transport).

Canada Evidence Act, R.S. 1985, c. C-5.
Canada-United Kingdom Civil and Commercial Judgments Convention Act, R.S. 1985, c. C-30.
Canada Prize Act, R.S.C. 1970, c. P-24.
Canadian Bill of Rights, S.C. 1960, c. 44; reprinted in R.S.C. 1985, Appendix III.
Canadian Human Rights Act, R.S. 1985, c. H-6.
Civil Marriage Act, 2005. c.33

Commercial Arbitration Act, R.S. 1985, c. 17 (2nd Supp.).
Contraventions Act, S.C. 1992, c. 47.
Courts Administration Service Act, S.C. 2002, c. 8.
Criminal Code, R.S. 1985, c. C-46 (responsibility shared with the Minister of Public Safety and Emergency Preparedness, and the Minister of Agriculture and Agri-Food (s. 204)). ¹⁷

Crown Liability and Proceedings Act, R.S. 1985, c. C-50.

Department of Justice Act, R.S. 1985, c. J-2.
Director of Public Prosecutions Act –2006, c.9, s.121
Divorce Act, R.S. 1985, c. 3 (2nd Supp.).

Escheats Act, R.S. 1985, c. E-13.
Extradition Act, S.C. 1999, c. 18. ¹⁸

Family Orders and Agreements Enforcement Assistance Act, R.S. 1985, c. 4 (2nd Supp.).
Federal Courts Act, R.S. 1985, c. F-7.¹⁹
Federal Law-Civil Harmonization Act, No.1, S.C. 2001, c. 4.
Federal Law and Civil Law of the Province of Quebec Act -- 2001, c. 4, Part 1
Foreign Enlistment Act, R.S. 1985, c. F-28.
Foreign Extraterritorial Measures Act, R.S. 1985, c. F-29.

Garnishment, Attachment and Pension Diversion Act, R.S. 1985, c. G-2 (responsibility shared with the Minister of National Defence, Minister of Public Works and Government Services, and Minister of Finance ²⁰).

Identification of Criminals Act, R.S. 1985, c. I-1.
International Sale of Goods Contracts Convention Act, S.C. 1991, c. 13.
Interpretation Act, R.S. 1985, c. I-21.

Judges Act, R.S. 1985, c. J-1.

Law Commission of Canada Act, S.C. 1996, c. 9.
Legislative Instruments Re-enactment Act, S.C. 2002, c. 20.

Marriage (Prohibited Degrees) Act, S.C. 1990, c. 46.
Modernization of Benefits and Obligations Act, S.C. 2000, c. 12.
Mutual Legal Assistance in Criminal Matters Act, R.S. 1985, c. 30 (4th Supp.).

Official Languages Act, R.S. 1985, c. 31 (4th Supp.).

Postal Services Interruption Relief Act, R.S. 1985, c. P-16.

Privacy Act, R.S. 1985, c. P-21(responsibility shared with the President of the Treasury Board ²¹).

Revised Statutes of Canada, 1985 Act, R.S. 1985, c. 40 (3rd Supp.).

Security Offences Act, R.S. 1985, c. S-7.
Security of Information Act, R.S. 1985, c. O-5.
State Immunity Act, R.S. 1985, c. S-18.
Statute Revision Act, R.S. 1985, c. S-20.
Statutory Instruments Act, R.S. 1985, c. S-22.
Supreme Court Act, R.S. 1985, c. S-26.

Tackling Violent Crime Act, 2008, c.6
Tax Court of Canada Act, R.S. 1985, c. T-2.

United Nations Foreign Arbitral Awards Convention Act, R.S. 1985, c. 16 (2nd Supp.).

Youth Criminal Justice Act, S.C. 2002, c. 1 (replaces Young Offenders Act, R.S. 1985, c. Y-1).

¹⁵ This list, prepared in July 2008, is an unofficial version for information only.

¹⁶ Responsibility shared with the President of the Treasury Board in the following manner: Minister of Justice (for purposes of paragraph (b) of the definition of “head” in section 3, subsection 4(2), paragraphs 77(1) (f) and (g) and subsection 77(2)); and the President of the Treasury Board (for all other purposes of the Act) (SI/83-108).

¹⁷ The portfolio of the Solicitor General of Canada was replaced by the portfolio of Public Safety and Emergency Preparedness on December 12th, 2003.

¹⁸ Section 84 of the new Extradition Act, 1999, c. 18, provides that the repealed Act (R.S. 1985, c. E-23) applies to a matter respecting the extradition of a person as though it had not been repealed, if the hearing in respect of the extradition had already begun on June 17, 1999.

¹⁹ Formerly the Federal Court Act. The title was amended to the Federal Courts Act in the Courts Administration Service Act, S.C. 2002, c. 8, s. 14.

²⁰ Responsibility shared in the following manner: (a) Minister of Justice and Attorney General of Canada, General (Part I) (SI/84-5), and for the purposes of sections 46 and 47 of the Act, items 12 and 16 of the schedule to the Act and the other provisions of Part II of the Act as those provisions relate to the Judges Act (SI/84-6); (b) the Minister of National Defence, for the purposes of the provisions, except sections 46 and 47, of Part II of the Act as those provisions relate to the Canadian Forces Superannuation Act and the Defence Services Pension Continuation Act (SI/84-6); (c) the Minister of Finance, for the purposes of the provisions, except sections 46 and 47, of Part II of the Act as those provisions relate to the Members of Parliament Retiring Allowances Act (SI/84-6); and (d) the Minister of Public Works and Government Services, for the purposes of the provisions, except sections 46 and 47, of Part II of the Act as those provisions relate to

(i) the Governor General’s Act,

(ii) the Lieutenant Governor’s Superannuation Act,

(iii) the Diplomatic Service (Special) Superannuation Act,

(iv) the Public Service Superannuation Act,

(v) the Civil Service Superannuation Act,

(vi) the Royal Canadian Mounted Police Superannuation Act, Part I,

(vii) the Royal Canadian Mounted Police Pension Continuation Act, Parts II and III,

(viii) the Currency, Mint and Exchange Fund Act, subsection 15(2) (R.S. 1952, c. 315)

(ix) the War Veterans Allowance Act, subsection 28(10),

(x) regulations made under Vote 181 of Appropriation Act No. 5, 1961, and

(xi) the Tax Court of Canada Act (SI/84-6).

²¹ Responsibility is shared in the following manner: Minister of Justice, for purposes of paragraph (b) of the definition
of “head” in section 3, subsection 12(3), paragraphs 77(1) (a), (d), (g) and (l) and subsection 77(2); President of the Treasury Board, for all other purposes of the Act (SI/83109).

Contact Information

Media Inquiries:
Communications Branch
Telephone: 613-957-4207
Fax: 613-954-0811

Public Inquiries:
Communications Branch
Telephone: 613-957-4222
TDD/TTY: 613-992-4556
Fax: 613-954-0811

Information Online

For more information about the management terms used in this document, please contact the Treasury Board Secretariat’s Lexicon for Reporting: http://www.tbs-sct.gc.ca/est-pre/20052006/lex_e.asp

For more information about the Department of Justice, please consult the following electronic publications:

About the Department of Justice
http://www.justice.gc.ca

Access to Justice in Both Official Languages Support Fund
http://www.justice.gc.ca/en/ps/pb/prog/official_languages.html

Department of Justice Evaluation Reports
http://www.justice.gc.ca/eng/pi/eval/index.html

Department of Justice Internal Audit Reports
http://canada.justice.gc.ca/eng/dept-min/pub/aud-ver/index.html

Departmental Performance Report, 2006–2007
http://www.tbs-sct.gc.ca/dpr-rmr/2006-2007/inst/jus/jus00-eng.asp

Public Legal Education and Information
http://www.justice.gc.ca/en/ps/pb/prog/legal_ed.html

Report on Plans and Priorities, 2007–2008
http://www.tbs-sct.gc.ca/rpp/0708/Jus-Jus/Jus-Jus_e.asp

Research and Statistics
http://www.justice.gc.ca/en/ps/rs/index.html

Sustainable Development Strategy, 2007-2009
http://www.justice.gc.ca/en/dept/pub/sds/07_09/index.html

The Department of Justice produces many publications and reports on a variety of subjects.
For a complete listing, please visit the Publications page on our Internet site:
http://www.justice.gc.ca/en/dept/pub/subject_index.html

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