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2008-09
Departmental Performance Report



Supreme Court of Canada






The original version was signed by
The Honourable Robert Douglas Nicholson, P.C., Q.C., M.P.
Minister of Justice and Attorney General of Canada






Table of Contents

Section I – Departmental Overview

  1. Message from the Registrar
  2. Raison d'être
  3. Responsibilities
  4. Strategic Outcome and Program Activity Architecture
  5. Performance Summary
  6. Risk Analysis
  7. Expenditure Profile
  8. Voted and Statutory Items

Section II – Analysis of Program Activities by Strategic Outcome

  1. Strategic Outcome
  2. Program Activity and Sub-Activities
  3. Benefits to Canadian
  4. Performance Analysis
  5. Lessons Learned

Section III – Supplementary Information

  1. Financial Highlights
  2. List of Supplementary Information Tables
  3. Other Items of Interest


Section I –Departmental Overview

A. Message from the Registrar

As this Performance Report will show, the Office of the Registrar has met its goals and objectives for the period under review. Its stable mission from year to year allows it to remain focused on the tasks at hand in order to provide Canadians with the quality of services expected from the highest court in the country. This is accomplished thanks to the ongoing efforts and steadfastness of its dedicated staff.

Cases were managed efficiently, as the statistical information contained in this report underlines. That activity is at the heart of the mandate of the Office of the Registrar and requires constant attention. It includes monitoring the effectiveness of, and compliance with, the Rules of the Supreme Court of Canada, assisting self represented litigants with improved tools and guidelines, maintaining case records, managing motions and hearings, providing expert research services and legal analysis for the judges, supporting the preparation of bilingual reasons for judgments and publishing them on paper and on line. Given the important role of the Court, the Canadian public, the media, and the legal profession take a great interest in all the Court's activities. Feedback has been very positive.

As a result of the modernization of the courtroom completed in 2008-09, no hearings were disrupted due to technical failures in 2008-09. The Supreme Court of Canada can proudly showcase one of the most technologically-advanced and user-focused courtrooms in the country, if not in the world. It allows for improved access to the Court by providing better sound, wireless connections and digital documents in the courtroom, as well as broadcast-quality digital recordings of the hearings. All this has been done with a view to better serving the public, the litigants and the judges in a modern and functional environment. The success of the modernization initiative is due to the hard work of all the staff of the Court and to a great team effort, encompassing all the activities of the institution: from contracting to accommodation, from systems development to translation.

There were two notable changes during the reporting period: (a) the appointment of Mr. Justice Thomas A. Cromwell as a new puisne judge of the Court; and (b) my appointment as Registrar on 23 January 2009 to replace Anne Roland, who retired in 2008, following 18 years of service in that position and 32 years of service to the Court in total.

Since I only took office on 2 March 2009, I wish to emphasize that I had very little involvement in the Court’s activities during the reporting period. All the credit belongs to my predecessor and the entire Court staff. I also wish to thank them for their assistance and guidance since taking on my new duties.

 

The original version was signed by

Roger Bilodeau, Q.C.
Registrar

 

B. Raison d’être

As Canada’s final court of appeal, the Supreme Court of Canada serves Canadians by leading the development of common and civil law through its decisions on questions of public importance. The mandate of the Supreme Court of Canada is to have and exercise an appellate, civil and criminal jurisdiction within and throughout Canada, which it meets by hearing and deciding cases of public importance. In accordance with the Supreme Court Act, the Supreme Court of Canada consists of the Chief Justice and eight Puisne Judges.

The Office of the Registrar of the Supreme Court of Canada provides the full gamut of services which the Court needs in order to hear cases and render decisions. It also serves as the interface between the litigants and the Court. The focus of this report is on the Office of the Registrar of the Supreme Court of Canada.

More detailed information on the Court’s responsibilities, the hearing process and judgments is available on the Internet (http://www.scc-csc.gc.ca).

C. Responsibilities

The Supreme Court of Canada (SCC) is comprised of the Chief Justice and eight Puisne Judges, all of whom are appointed by the Governor in Council. It is the highest Court in Canada and one of its most important national institutions. It hears appeals from the decisions of the courts of appeal of the provinces and territories, as well as from the Federal Court of Appeal. In addition, the Court is required to give its opinion on any question referred to it by the Governor in Council. The importance of the decisions of the Court in Canadian society is well established. The Court assures uniformity, consistency and correctness in the articulation, development and interpretation of legal principles throughout the Canadian judicial system. Its jurisdiction is derived from the Supreme Court Act and other relevant statutes, such as the Criminal Code.

The Registrar is also a Governor in Council appointee. Subject to the direction of the Chief Justice, the Registrar heads the Office of the Registrar of the Supreme Court of Canada. The organization of the Office of the Registrar is depicted in the following diagram and further explained in the paragraphs that follow.

Organization Chart of the Office of the Registrar

 

Executive Services: Appointed by the Governor in Council, the Registrar is the Deputy Head of the Court, is subject to the direction of the Chief Justice and exercises quasi-judicial powers. The Registrar’s Office provides executive services to the chambers of the nine Judges, the office of the Executive Legal Officer, the law clerk program, as well as for visits by various dignitaries.

Court Operations Sector: The Deputy Registrar, also a Governor in Council appointee, oversees the work of the Court Operations Sector, which includes the Registry Branch and the Law Branch. Public information services, including the management of the Court's Public Tour Program, are also provided by staff in the Deputy Registrar's Office.

Library and Information Services Sector: Library and Information Services are provided by the Court’s Library and Information Management/Technology branches. Sector services are designed primarily to serve the Court and its business units, and through them litigants, the media and the public. These responsibilities extend to the corporate level where this sector is charged with ensuring that the management of the Court's information meets legislative and other requirements established by the federal government’s central agencies.

Corporate Services Sector: Administrative support to the Judges and Court staff is provided by the Corporate Services Sector, which is responsible for accommodation, telecommunications, health and safety, finance, procurement, human resources, administration, security and strategic planning.

D. Strategic Outcome and Program Activity Architecture

The Program Activity Architecture (PAA) diagram below illustrates the Office of the Registrar’s framework of program activities and sub-activities. This structure allows the Office of the Registrar to effectively pursue its mandate and to contribute to its strategic outcome.

Program Activity Architecture diagram

 

E. Performance Summary

The 2008-09 Financial Resources table shows how Parliament approved resources and also shows the changes in resources derived from supplementary estimates and other authorities, as well as how funds were spent. The 2008-09 Human Resources table displays the planned and actual full-time equivalents employed by the Office of the Registrar to support the Court's activities.


2008-09 Financial Resources ($ millions)
Planned Spending Total Authorities Actual Spending
29.1 31.5 29.9



2008-09 Human Resources
(Full Time Equivalents)
Planned Actual Difference
193 207 14

The increase in full-time equivalents is largely attributable to several change initiatives such as the courtroom modernization project, increased external reporting requirements and capacity building activities. As new technologies and business processes were put in place, there was also a need for new specialized resources, mainly in the information technology and information management areas.



Strategic Outcome: To provide the best decision-making environment for the Supreme Court
Performance Indicators Targets 2008-09 Performance
Level of satisfaction among judges regarding quality of service

Annual interviews with Judges

Target:

"Satisfied" level

Target met. The Registrar - as well as other senior staff - regularly confer with the Judges to assess their level of satisfaction regarding the quality and timeliness of professional and administrative services provided to them by Court staff. Feedback has generally been very positive. In particular, judges have expressed overall satisfaction with the recent modernization of the courtroom, in particular the Webcasting of court hearings. As well, judges have expressed great satisfaction with the judgment preparation process.
Level of satisfaction among lawyers regarding quality of service

Annual interviews with lawyers' committees

Target:

"Satisfied" level

Target met. Feedback from counsel via the SCC/Canadian Bar Association Liaison Committee (annual meeting held on May 11, 2009) was very positive. Counsel highlighted the Bar's appreciation for the opportunity to have input into the development of the Court's Policy for Access to Court Records and resolving operational issues that had arisen with the Courtroom videoconferencing system. The members of the Bar indicated that the opportunities for exchange and cooperation with the judges and staff of the Court were very beneficial to counsel seeking access to and appearing before the Court.


($ millions)
Program Activity 2007-08
Actual
Spending
2008-09 Alignment to Government of Canada Outcomes
Main
Estimates
Planned
Spending
Total
Authorities
Actual
Spending
Process hearings and decisions 30.7 29.1 29.1 31.5 29.9

Government Affairs1

Total 30.7 29.1 29.1 31.5 29.9  

The total authorities ($31.5 million) provided to the Supreme Court of Canada exceeded the planned spending ($29.1 million) by $2.4 million. That difference was mainly due to compensation adjustments received ($1.4 million) as well as the operating budget carry-forward from fiscal year 2007-08 ($1 million).

(1The Supreme Court of Canada stands at the apex of the Canadian judicial system, and as such is a fundamental component of the Canadian government and its institutions.)

Contribution of Priorities to Strategic Outcome

The Office of the Registrar had one operational priority and one management priority for the reporting period.


Operational
Priorities
Type Status Links to Strategic Outcome(s)
Court
Modermization
Previously committed to Succesfully met To provide the best decision-making environment for the Supreme Court

Summary of Achievements:

a) Courtroom Modernization

The modernization of the courtroom itself commenced in 2006-07 and was completed in 2008-09 as planned.

Introduction of a new digital audio-visual system: The Court upgraded its audio-visual technologies, replacing an older and inadequate system. The new system now meets cutting edge standards for optimal broadcasting and digital recording. Focus was put on the redundancy and sustainability of systems, ensuring a minimal risk of disrupting the hearing process. This upgrade enabled the introduction of Webcasting of SCC proceedings in February 2009, provided a better image quality, improved translation outputs, and allowed for the Courtroom environment to be ready for closed captioning. New digital audio-visual technologies also provide benefits at the corporate level in that videoconferencing technology can now be used in support of general SCC operations.

Introduction of IT systems: Information technology was also introduced in the SCC Courtroom to support the use of electronic documents in Court cases. This applies to Judges, Counsel, Law Clerks, Court clerks and the media, and includes new laptops, embedded in the furniture where appropriate; the availability of wireless internet access via an access point controlled by the SCC (both in the Courtroom and in the Media Room); the implementation of a secure, dedicated network for the Courtroom; the deployment of an instant messaging function for Judges and the Court's staff; the development and implementation of a public document display software available in the Courtroom and the Media Room (referred to as the Courtroom Documents Display Tool (CDDT)); and the provision of a research capacity via a secure connection for Judges and Law Clerks.

b) Development of an electronic document and records management system (EDRMS)

The implementation of the EDRMS began in 2007-08 with completion planned for March 31, 2010.

Enterprise implementation of information management technology tools (C-Doc): The Court deployed a flexible technology framework that supports a multitude of document management, collaboration and workflow support needs for the SCC (Court Operations and administrative documents) while providing value for money. The initial release took place in 2008-09 and will continue over 2009-10. Via this implementation, the Court has maximized efficiencies through revised business processes that optimize new technology features; implemented a foundation for the provision of multiple access points from different information services across operations and perspectives (Web Services); ensured support for the expansion of the SCC E-filing program; built upon a sound information infrastructure (policies, procedures, standards, network and systems) to ensure information and data integrity and sustainability; as well as having maximized integration opportunities between existing and future systems and applications.

c) Development of a capability to accept electronic case files via a web portal

The Court decided to postpone (was planned for March 31, 2010) the development of a web-based portal allowing for direct electronic filings with the Court until after the full implementation of the electronic document and records management system (EDRMS). However, new guidelines, document standards, and internal processes and procedures were developed and implemented to allow for the mandatory filing on CD-ROM of electronic versions of notices of appeal, factums, records and books of authorities by parties to an appeal at the Court. These electronic documents which have become very important and integral to the work of the Court are available to everyone in the Court at their desktops, and accessible during hearings with the introduction of information technology in the SCC courtroom. With a sound information infrastructure in place, the Court looks forward to exploring how it can leverage the web and other tools in an effort to continue to offer modern alternatives to traditional filing.


Management Priorities Type Status Links to Strategic Outcome
Build Capacity Previously committed to Mostly met To provide the best decision-making environment for the Supreme Court

Summary of Achievements:

a) Improvements to the staffing strategy

Significant improvements were made to the staffing strategy by identifying recruitment challenges and proposed strategies to address them. The proposed strategies were effective and a number of specialized positions that have limited candidate pools were successfully staffed. The strategies included collective staffing and sharing candidate pools with other similar size organizations with similar needs. For example, the Supreme Court of Canada Library concluded a Memorandum of Understanding with four departmental law libraries (Courts Administration Service, Justice Canada, Foreign Affairs and International Trade Canada and Public Safety Canada) which included cooperative staffing in the area of library services, where a shortage of qualified professionals makes recruitment difficult. All staffing in these five law libraries is intended to take the needs of all the partners into consideration, to decrease hiring delays and to create a pool of qualified candidates.

b) Recruitment and Retention strategies

The senior management committee held an important exercise to determine the Court's organizational needs in terms of employee retention. This exercise consisted of identifying program requirements to improve employee retention. The outcome of this exercise was the following:

  • Targeted recruitment: Ensure staffing decisions result in hiring candidates who are the right fit for the organization. For example, jurilinguist positions are highly specialized and are difficult to staff. In order to find the right fit, advertisements were posted in professional association newsletters as well as in the traditional publications. This resulted in the successful hiring of a candidate for a jurilinguist position.
  • Improved orientation program: Ensure new recruits thoroughly understand the workplace and job at the onset of their employment.
  • Exit interviews: Conduct meaningful exit interviews to assess the reasons why employees are leaving the organization.
  • Learning and development: Continue to promote learning by employees and to provide them with opportunities for development; provide managers with additional human resources training in areas such as labour relations, staffing, and classifications.

In appropriate circumstances, we also make use of telework and flexible work arrangements to facilitate work/life balance for staff members.

c) Learning Management Framework

A number of activities to strengthen the management of learning activities within the organization were successfully implemented. These activities included the training of a number of managers on their role in managing learning as well as the use of standardized learning plans for all employees. While the senior management committee had aimed for a 100% completion rate, a 89% completion rate was achieved. As part of the HR Co-op and supported by the Canada School of Public Service, the organization also concluded a project that would see the five small HR Co-op organizations use a common learning management framework. Although the results were not fully as intended, each organization benefited from this project, in particular the use of common learning initiatives and tools. More information is provided below in Section II, Lessons Learned.

F. Risk Analysis

The environment within which the Office of the Registrar must carry out its activities is continually evolving. The major factors affecting the Court’s activities are detailed below.

First, to counter ongoing various pressures placed on the Court to update its facilities, systems and services, the Office of the Registrar’s focus during the last three years has been on modernizing the courtroom and on enhancing electronic access to the Court for litigants and the public. Major technological changes have now been instituted and the Office of the Registrar is solidifying and leveraging these new technologies by ensuring that work processes are adapted to the new technological environment.

Second, there has been a need for continued focus on the electronic exchange of information between or from the Judges, counsel and the public. The public has become more technologically savvy and more comfortable using electronic tools to carry out a wide variety of functions. Consistent with this broad trend, the public expects to be able to use electronic tools to interact with the Office of the Registrar’s systems to obtain information and appropriate legal documentation. Judges and counsel are increasingly preparing their cases using electronic documents and require access to these documents electronically, including during hearings. Counsel are demanding the ability to use electronic information and technology while presenting their cases. Meanwhile, the number of electronic documents and judgments from the lower courts is increasing. While the Office of the Registrar has moved toward a greater electronic acceptance and processing of cases (all main appeal documents are now filed electronically), the requirement for paper-based processes continues and will continue for some time. As a result, parallel streams (paper and electronic) of case and information processing is still required. The courtroom modernization project created additional pressure to bridge the paper and electronic streams while maintaining both formats. The focus is now shifting to business transformation and change management. Furthermore, to meet the need to obtain information and legal material in electronic format, the Supreme Court of Canada, in cooperation with LexUM, digitized and added to the SCC Judgments website all Supreme Court decisions which were previously published in the Supreme Court Reports, dating back to 1948. As well, all published judgments since 1876 from cases which were appealed to the SCC from the British Columbia Court of Appeal were added to the database, courtesy of CanLII and the Law Foundation of BC. The free access to judgments dating back to 1948 on the web is one way the Supreme Court of Canada celebrated the 60th anniversary of Canada's full judicial independence from the United Kingdom, while extending access to legal information in electronic format.

Third, factors such as globalization and the growing influence of privacy, national security, and human rights issues continue to increase the complexity of cases being heard. More complicated motions are also being filed, and the Court is frequently asked to deal with cases or issue rulings on an expedited basis. In addition, a growing number of applications for leave to appeal are being received from self represented litigants (24% of applications in 2008). Addressing the needs of self represented litigants causes additional pressure on the resources of the Court.

Fourth, the workload of the Office of the Registrar in terms of caseload has been very stable over the last decade (an average of 82 appeals heard and 590 leave applications per year), although there can be unexplainable fluctuations from year to year. There were 546 new cases filed in 2008 (528 applications for leave and 18 appeals as of right), and 82 appeals heard. Our projections are that 2009 will be a lighter than an average year. We estimate 540 leave applications and 10 appeals as of right will be filed. We project that 75 appeals will be heard in 2009.

Finally, an ongoing challenge faced by the Office of the Registrar is one that is shared by many smaller organizations, that is the struggle to maintain operations and address specific challenges while complying with the same expectations and requirements (e.g. reporting) established by government's central agencies as are demanded of larger, more resourced departments or institutions.

G. Expenditure Profile

Expenditure Profile - Spending Trend Graph

The Office of the Registrar's actual spending for 2008-09 was $29.9 million. As illustrated in the diagram, there was a slight increase in total approved funding, mainly to address the courtroom modernization project from 2006-2007 to 2008-2009. That project was completed in 2008-2009 and planned spending for the next three years should remain stable.


H. Voted and Statutory Items

The table below illustrates how Parliament approved the Office of the Registrar's resources. It also shows the changes in resources derived from supplementary estimates and other authorities, as well as how funds were spent.

($ millions)
Vote # or Statutory Item (S) Truncated Vote or Statutory Wording 2006-07
Actual
Spending
2007-08
Actual
Spending
2008-09
Main
Estimates
2008-09
Actual
Spending
50 Operating expenditures 22 23.3 21.7 22.4
(S) Judges' salaries, allowances and annuities, annuities to spouses and children of former judges and lump sum payments to spouses of judges who died while in office 5.4 5.1 5.2 5.1
(S) Contributions to employee benefit plans 2.1 2.3 2.2 2.4
Total 29.5 30.7 29.1 29.9


Section II – Analysis of Program Activities by Strategic Outcome

A. Strategic Outcome

To Provide the best decision-making environment for the Supreme Court

 

B. Program Activity and Sub-Activities


Program Activity: Process hearings and decisions
2008-09 Financial Resources
($ millions)
2008-09 Human Resources
(FTEs)
Planned
Spending
Total
Authorities
Actual
Spending
Planned Actual Difference
29.1 31.5 29.9 193 207 14


Expected
Results
Performance
Indicators
Targets Performance
Status
Performance
Summary
Cases processed without delay • Number of months between filing of application for leave and decision on application for leave 14 weeks Met all Leave applications were decided, on average, fourteen weeks after filing.
• Number of months between hearing and judgment

6 months

Exceeded

Judgments were rendered, on average, 4.8 months after hearing.

Sub-Activity 1: Management of Court Cases
Access to Court services and information • % of lawyers and unrepresented litigants that were "satisfied" or "very satisfied" with Registry services 95% Exceeded 99.4% of comment cards were rated at "satisfied" and above.
Courtroom systems reliability • Number of hearing disruptions for technical reasons per year 0 Met all As a result of the modernization of the audio-visual systems in the Courtroom, there was no disruption of hearings due to technical failures in 2008-09.
Expected
Results
Performance
Indicators
Targets Performance Status Performance
Summary
Sub-Activity 2: Library Services
Access to reference information

• % of factual/ bibliographic requests for reference assistance responded to within service standard of 1 working day

95%

 

 

Met all

The Library conducted two month long samples of user satisfaction. In April 2008 and December 2008, an email survey was administered to all internal users who had submitted requests for complex/substantive research to the Library. Specifically users were asked 5 questions : Did you receive the required information? Was it useful to your work? Was it received on time? Did library staff save you time? Would you have any additional comments to add? Results were compiled in two separate reports. Turnaround time within service standards was met 95% of the time for complex requests, while 100% of users indicated that they were "very satisfied" with the level of service received from the library staff. The Library met turnaround time targets for factual and bibliographic requests 100% of the time. However, these statistics are based on a relatively small sampling of users. A more formal survey of all staff is planned for 2011.
• % of complex/ substantive requests for reference assistance responded to by date required by client 95% Met all
• % of users that were "satisfied" or "very satisfied" with library services 95% Met all
Sub-Activity 3: Process Payments to the Supreme Court Pursuant to the Judges Act
Timely and accurate processing of payments

• % of payments processed within service standards

95%

Somewhat met

The SCC achieved a level of 77% for the processing of payments pursuant to the Judges Act within the service standard of 5 days. This was the first year that such payments were tracked for timeliness. Although improvement is needed and we will strive to achieve our target of 95%, it is important to note that the Finance Branch experienced staff shortages in 2008-09 which resulted in some delays in the processing of claims.
• % of errors on payments 2% Unable to assess Although the error rate appears to be minimal based on the feedback received from the Judges' chambers, the SCC will be conducting a file review in 2009-10 in order to assess the accuracy of payments to judges pursuant to the Judges Act. Until the review is complete, we are unable to formally assess whether the target of 2% has been met or not.

C. Benefits for Canadians

The Supreme Court of Canada is Canada’s highest court of law. It is the final general court of appeal, the last judicial resort for all litigants, whether individuals or governments. The Supreme Court of Canada stands at the apex of the Canadian judicial system, and as such is a fundamental component of the Canadian government and its institutions. Because of this position, the strategic outcome of the Office of the Registrar of the Supreme Court of Canada - “to provide the best decision-making environment for the Supreme Court” - contributes to the Government Affairs outcome area of the federal government.

D. Performance Analysis

Cases processed without delay

The Office of the Registrar maintains monthly statistics on the Court's caseload, backlog and average time lapses between key events in a case's history. It also produces a public annual statistical report which can be found at http://www.scc-csc.gc.ca.


Average Time Lapses (in months) 1998 1999 2000 2001 2002
Between filing of application for leave and decision on application for leave 3.9 5.2 5.4 4.3 5.7
Between date leave granted (or date notice of appeal as of right filed) and hearing 12 11.1 12.5 11.4 12.2
Between hearing and judgment 2.8 5.4 5.8 5.6 5.6


Average Time Lapses (in months) 2003 2004 2005 2006 2007 2008
Between filing of application for leave and decision on application for leave 3.9 3.7 3.7 3.4 3.5 3.2
Between date leave granted (or date notice of appeal as of right filed) and hearing 10.5 9.4 9.1 7.7 9 9
Between hearing and judgment 5.1 4 5.2 5.9 6.6 4.8

 

In 2008, the average time lapses for all categories were lower than the 2007 time lapses. Leave applications were decided 3.2 months after filing, appeals were heard just under nine months from the date leave was granted or a notice of appeal as of right was filed and judgments were rendered within 5 months of the hearing of the appeal. In part, the decreased time lapses are due to the efforts made to dispose of as many cases as possible prior to the retirement of the Hon. Mr. Justice Bastarache. Another factor is the increased availability of electronically filed documents, brought about as a result of the Court modernization program. E-filing enables Court staff to process cases more efficiently. For example, the appeal in BCE Inc. v. 1976 Debentureholders, 2008 SCC 69 was heard and decided three weeks after the initial filing of the leave application. This would not have been possible without electronically filed documents.

Access to Court services and information

Clients attending the Registry are encouraged to fill out a comment card in regard to their satisfaction of various services offered and with respect to staff. Some clients attend to pick up judgments or review a case file, but most will come to the Registry to file documents or obtain information about bringing a proceeding before the Supreme Court of Canada. Thus, the Registry staff need to provide timely, accurate and easily understood information, especially to self represented litigants, to ensure that all of its clients have the necessary and appropriate information. Although very few comment cards were received in 2008-09, 99.4% were rated at "satisfied" and above. The comment cards reflect very positive performance in areas such as timely service, staff professionalism and overall level of satisfaction. Additional comments emphasize staff friendliness and helpful assistance.

General enquiries and requests for information by the public are increasing, resulting from a better-informed and more demanding public, as well as from the captivating issues debated in Court cases. In 2008, the Court Records staff responded to a total of 3,203 requests from internal and external clients for information on Court related files and documents. A total of 10,466 files or parts thereof were retrieved for these clients. Through improved statistical reports, Court Records is now able to monitor service standards. Over 97% of external requests were dealt with within the established service standard of 48 hours. Phone calls at the Registry were also answered within established service levels by the receptionist. A new telephone answering system allows callers to choose their option for service and all calls to the Registry were returned within one business day.

All self represented litigants who contact the Court were provided with an information and instruction guide that includes samples of fill-in-the-blank applications for leave, response and reply books that a self represented litigant can complete and file with the Court. If a self represented litigant has access to the internet, he/she is referred to the Supreme Court of Canada website where they can access an information portal that allows them to download the PDF versions of the sample books. The uptake has been significant, with at least 33% of self represented litigants using the samples in 2008. In 2008, the Registry Branch sent 334 letters to self represented litigants; 101 of them included information kits to help them prepare an application for leave to appeal.

Percentage of leave applications filed by self represented litigants


Years

Leave applications
filed by all
litigants

Leave applications
filed by self represented litigants

% filed
by self
represented litigants

1999 585 111 19%
2000 642 117 18%
2001 621 117 19%
2002 523 106 20%
2003 550 92 17%
2004 568 114 20%
2005 544 103 19%
2006 506 115 23%
2007 602 149 25%
2008 529 128 24%

As part of the recent Court modernization program, the Court has developed a policy for access to case file records. Pursuant to this policy, factums are posted on the Court's website and appeal hearings are webcast. The internet has also been used to simplify and expedite the process for the public, counsel and the media to obtain permission to use video footage of SCC proceedings and digital photographs of the Court and judges. These enhancements to the website have been favourably received.

Library collection

With approximately 350,000 volumes, the Library of the Supreme Court provides the research base for the Court. The Library's extensive collection comprises statutes, law reports, periodicals and treatises from major common and civil law jurisdictions, including Canada, the United Kingdom, the United States, Australia, New Zealand, France and Belgium. Its print and microform holdings are supplemented by access to a vast range of electronic legal resources and databases. It is also enriched by a valuable collection of rare books printed in the 16th, 17th and 18th centuries pertaining to the common law of England and the civil law of France.

In 2008-09 the Library completed a comprehensive review of its Collection Development Policy to validate with its core internal and external users those subject areas within the collection that may be accessed electronically without the need to preserve a print version in perpetuity. In addition, the review identified parts of the collection which are essential to meet the ongoing business information needs of the Court. An extensive consultation process with internal and external stakeholders (the academic, government, court and law society law library communities) was undertaken throughout the summer and fall 2008. The Judges' Library Advisory Committee approved a revised Collection Development Policy in February 2009. Based on a citation analysis of the references cited in the Supreme Court of Canada decisions released in 2008, 95.16% of law reports cited and 89.93% of journal articles/books cited are available in the Library's print collection. With the addition of electronic resources licensed to the Court, the Collection is able to meet the information needs of the Court 98% of the time, consistent with previous years. It is anticipated that the proportion of material available only in electronic format will increase relative to the availability of material in print format in future years. Also in 2008-09, the Library made its journal A-Z list available to the public on the Court's website, providing access to its extensive collection of legal periodicals in print, electronic and microform to legal researchers across the country.

E. Lessons Learned

E-filing Initiatives

Feedback from counsel has been positive with respect to the Court's e-filing initiatives but the feedback has also indicated that the legal profession wants a measured approach to further enhancements. The Court will continue to work with its stakeholders to ensure that change takes place at an appropriate pace.

Learning Management Framework

In the spring of 2007, the HR Co-op received funding from the Public Service Modernization Act (PSMA) Strategic Investment Fund for a two-year project to develop and implement a collaborative learning management framework. The HR Co-op is comprised of five small government organizations which all have a quasi-judicial mandate. Those organizations are: Office of the Registrar of the Supreme Court of Canada, Office of the Commissioner for Federal Judicial Affairs, International Trade Tribunal, Canadian Forces Grievance Board and Canadian Industrial Relations Board. The five organizations have worked together on common human resources initiative, programs and policies since 2005. Lessons learned from this particular project are:

  • Continuity: All participants from these organizations who were initially involved in the project proposal left or retired during the course of the project. Some corporate memory was retained but some of the new players were not as engaged or committed to the idea of a collaborative framework for learning.
  • Managing different organizational needs: The organizations were at different stages of development in their learning capacity and could not sustain the same level of dedication to a uniform framework. The project charter was reworked and realigned taking into consideration diverse organizational needs.
  • Communication: Better communication is required at the onset of such a project with the Deputy Heads and management teams in each organization to ensure their buy-in and commitment.
  • Capacity: It is important to fully understand the ability of each organization to sustain elaborate programs prior to committing to a project of this magnitude. Some project funding was returned to Treasury Board Secretariat but many project activities were accomplished and useful for the organizations.

In conclusion, the organizations recognized that working with one mindset in regard to five diverse, though similar organizations, was not useful and could actually be detrimental to the HR Co-op. Without organizational support and buy-in, the project could have become obsolete. Fortunately, each organization was able to deliver training and useful products that have strengthened the ability to manage learning within each organization.



Section III – Supplementary Information

A. Financial Highlights

The financial highlights presented within this document are intended to serve as a general overview of the Office of the Registrar's financial position and operations. The financial statements can be found on the Office of the Registrar's website at
http://www.scc-csc.gc.ca/fin/2008-09-eng.asp.



($ millions)
Condensed Statement of Financial Position
At End of Year (March 31, 2009)
% Change 2009 2008
Assets      
Total Assets (16.9) 6.9 8.3
Liabilities      
Total Liabilities 18.0 7.9 6.7
Equity      
Total Equity (162.5) (1.0) 1.6
Total (16.9) 6.9 8.3

* With the completion of the courtroom modernization project, a significant amount of amortization was recorded in 2008-09 as opposed to 2007-08, which accounts for the decrease of 16.9% in total assets.


($ millions)
Condensed Statement of Operations
At End of Year (March 31, 2009)
% Change 2009 2008
Expenses      
Total Expenses 5.4 41.1 39.0
Revenues      
Total Revenues (33.3) 0.2 0.3
Net Cost of Operations 5.7 40.9 38.7

An increase in salary and benefits as well as a significant amount of amortization due to the completion of the courtroom modernization project contribute largely to an overall increase in total expenses for 2009 of 5.4% over 2008.

Total revenues decreased by 33.3% from 2008 due to a decrease in other fees and charges (mainly due to photocopy revenue and filing fees) as well as a decrease in the Judges' contribution to pension costs. The decrease in pension revenue arises from a vacancy on the bench for approximately five months in 2008-09.

B. List of Supplementary Information Tables

Other financial tables are located on the Treasury Board of Canada Secretariat's website at http://www.tbs-sct.gc.ca/dpr-rmr/2008-2009/index-eng.asp.

Table 1: Sources of Non-Respendable Revenue
Table 2: User Fees
Table 3: Details on Project Spending
Table 4: Internal Audits and Evaluations

C. Other Items of Interest

i) For Further Information

Supreme Court of Canada Building
301 Wellington Street
Ottawa, Ontario
K1A 0J1
World Wide Web:
http://www.scc-csc.gc.ca/home-accueil/index-eng.asp/

General Enquiries
Telephone: (613) 995-4330
Fax: (613) 996-3063
Email: reception@scc-csc.gc.ca

Roger Bilodeau - Registrar
Telephone: (613) 996-9277
E-mail: reception@scc-csc.gc.ca

Louise Meagher - Deputy Registrar
Telephone: (613) 996-7521
E-mail: registry-greffe@scc-csc.gc.ca

Lynn Potter - Director General
Corporate Services
Telephone: (613) 996-0429
E-mail: Lynn.Potter@scc-csc.gc.ca

Catherine Laforce - Director
Information Management and Technology Branch
Telephone: (613) 947-0682
E-mail: Catherine.Laforce@scc-csc.gc.ca

Rosalie Fox, Director
Library Branch
Telephone: (613) 996-9971
E-mail: Rosalie.Fox@scc-csc.gc.ca

ii) Listing of Statutory and Departmental Reports

Supreme Court Reports
Pursuant to Section 17 of the Supreme Court Act, the Registrar or the Deputy Registrar, as the Chief Justice directs, is responsible for the publication of the judgments of the Court in the Supreme Court Reports, which include all the reasons for judgment rendered by the Court in a given calendar year.

iii) Legislation Administered

Supreme Court Act, R.S.C., 1985, C.S-26 as amended
Judges Act, R.S.C., 1985, C.J-1 as amended