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Attaining a fair, relevant and accessible justice system that reflects Canadian values is a responsibility that does not lie with the Department of Justice alone. Achieving this strategic outcome involves a broad range of players, including all three branches of the federal government – Parliament, the judiciary, and a number of federal departments and agencies; our partners in the provincial, territorial and municipal levels of government; a broad range of non-governmental organizations and stakeholders; and, ultimately, Canadians across the country.
The Department plays a major part in this by carrying out its fundamental role in establishing, maintaining and evolving the national legal framework. It also exercises a leadership role in consulting and collaborating with our federal, provincial, territorial, municipal and non-governmental partners to identify and address issues affecting the fairness, accessibility and relevance of the Canadian justice system.
This Strategic Outcome is supported by two program activities: Justice Policies, Laws and Programs and the Office of the Federal Ombudsman for Victims of Crime.
2008-09 Financial Resources ($ millions) |
2008-09 Human Resources (FTEs) |
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Planned Spending |
Total Authorities |
Actual Spending |
Planned | Actual | Difference |
423.9 | 447.8 | 423.6 | 396 | 358 | -38 |
Under Canada’s federal system, the administration of justice is an area of shared jurisdiction between the federal government and the provinces. The Department fulfils its constitutional responsibility to ensure a bilingual and bijural national legal framework principally within the following domains: criminal justice (including youth criminal justice); family justice; access to justice; Aboriginal justice; and private international and public law.
Expected Result: Maintain a sustainable national justice system
Performance Indicators |
Performance Summary |
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Crime Trends11 |
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Trends in per capita spending by all levels of government in Canada on the justice system12 |
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Trends in lag time from charges to court resolution13 |
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The Department of Justice focused significant effort in 2008-09 to supporting the whole-of-government framework, especially in the area of assuring a safe and secure Canada. By preparing for tabling in Parliament the comprehensive Tackling Violent Crime Act, which targets dangerous offenders, impaired drivers, adult sexual predators and those who commit serious gun crimes, the Department has helped to ensure safer communities for Canadians. Furthermore, the Department of Justice continued to support the government's tackling-crime agenda by proposing amendments aimed at reducing gang violence and the activities that finance organized crime.
The Department of Justice is also working closely with federal, provincial, territorial and non-governmental partners on the ongoing National Anti-Drug Strategy. The Strategy aims to contribute to the development of safer and healthier communities through coordinated efforts to prevent drug use, treat drug dependency, and reduce the production and distribution of illicit drugs.
As well, in recognition of the federal government’s shared interest in a sustainable justice system, the Department provided significant ongoing funding in support of federal policy objectives to provinces and territories for the delivery of programs aimed at the day-to-day administration of justice. Of the $423.6M devoted to Justice Laws, Policies and Programs, $374.4M (or 88%) was provided through transfer payments to a wide range of governmental and non-governmental organizations for programming such as legal aid, youth justice services, Aboriginal courtworkers and services to victims of crime.
During the 2008-09 Strategic Review exercise, the Department identified gaps in performance measurement and reporting capacity for non-initiative-based programs (e.g. the Criminal Justice Program). To address these, the Department is developing a comprehensive performance measurement framework for the policy function to ensure that high-quality performance information is available. As a result, better performance information will be available for the next round of strategic review expected in 2012-13, as well as responding to the new Treasury Board Secretariat Evaluation Policy requirements for full coverage of direct program spending.
Through evaluation, research and discussions with official language minority communities, the Family, Children and Youth Section identified a gap in training and information for these communities in family law. The Section addressed this gap through various activities, including helping to organize a national family law symposium in French and by actively encouraging stakeholders from across the country to provide public legal education information products in both official languages. These innovative activities to promote access to justice in both official languages initiative are a model which the Department will build on in the future to ensure that we are meeting the needs of official language minority communities across Canada. For information on access to justice in both official languages, please consult: http://canada.justice.gc.ca/eng/pi/franc/index.html.
Canadians rely on the justice system to ensure a safe, secure society. The Department strives to ensure a fair, relevant and accessible justice system for Canadians by understanding and evaluating issues and evidence and by developing options for criminal law reform. Over the reporting period, the Department focused on drugs, youth criminal justice, property crime, violent crimes and support to victims of crime.
The Department’s efforts were centred around the implementation of the National Anti-Drug Strategy, with a clear focus on illicit drugs and a particular emphasis on youth. The Strategy aims to contribute to safer and healthier communities through coordinated efforts to prevent use, treat dependency and reduce production and distribution of illicit drugs. It encompasses three action plans (prevention, treatment and enforcement) and is supported by a number of federal departments. For additional information, please consult the following Web site: http://www.nationalantidrugstrategy.gc.ca.
Expected Outcome: Coordinated federal response to concerns around illicit drug prevention, treatment and enforcement | |
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Performance Indicators |
Performance Highlights |
Effective leadership in implementation of the National Anti-Drug Strategy |
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Expected Outcome: Reduced drug substances relapse among drug treatment court clients | |
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Performance Indicators |
Performance Highlights |
Relapse recidivism rates among drug treatment court clients |
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The youth justice system applies criminal and correctional law to youth between 12 and 18 years of age at the time of the alleged offence to hold them accountable for their crimes through processes and proportionate penalties adjusted for the age of the youth and that promote rehabilitation. As part of its mandate, the Department of Justice implements policies, programs, and laws, and develops options for policy, program and legislative reform to achieve a fairer and more effective system that responds to emerging youth criminal justice issues. For additional information, please consult the following Website: http://canada.justice.gc.ca/eng/pi/yj-jj/.
Expected Outcome: A youth justice system that responds to emerging issues and encourages innovation | |
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Performance Indicators |
Performance Highlights |
Issues and priorities identified to respond to challenges in the youth justice system |
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Expected Outcome: A sustainable youth justice system that is capable of innovation and supporting federal youth justice priorities | |
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Performance Indicators |
Performance Highlights |
Federal contribution as a percentage of total expenditures of all levels of government on youth justice |
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Incidence of provincial/territorial delivery of high federal priority services for youth offenders – rehabilitation, re-integration, intensive support and supervision, attendance programs |
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Expected Outcome: Jurisdictions have capacity to implement sentencing options that provide specialized treatment programs in the administration of appropriate sentencing for serious violent youth offenders | |
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Performance Indicators |
Performance Highlights |
Orders issued for specialized treatment |
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Cases receiving specialized treatment |
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The Department continued to pursue legislative changes to address identity theft through changes to the Criminal Code that allow police to intervene at an earlier stage of criminal operations, before identity fraud or other identity-related crimes are attempted or committed. The Department also pursued new measures to address auto theft. Criminal Code amendments were also introduced in Parliament to address violence associated with organized crime and gangs. For additional information, please consult the following Website: http://www.justice.gc.ca/eng/news-nouv/nr-cp/2009/doc_32360.html.
Expected Outcome: Criminal law is reformed to respond to concerns around property crime | |
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Performance Indicators |
Performance Highlights |
Amendments to the Criminal Code are advanced to address property crime issues |
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Expected Outcome: Criminal law is reformed to respond to concerns around violent crime | |
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Performance Indicators |
Performance Highlights |
Tackling Violent Crime legislation proclaimed in force |
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The Department of Justice coordinates the federal Victims of Crime Strategy, including all relevant federal legislation and programs within the Justice mandate14. Working with the provinces and territories, the Department develops policies and projects aimed at enhancing the role of the victim in the criminal justice system and achieving a better balance between the rights of victims and offenders. For additional information, please consult the following backgrounder on Tackling Violent Crime: http://www.justice.gc.ca/eng/news-nouv/nr-cp/2008/doc_32273.html
Expected Outcome: The experience of victims in the justice system is improved | |
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Performance Indicators |
Performance Highlights |
Perceptions of victims of crime Results of victims’ feedback survey on their experience in the justice system |
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Number of registered victims receiving financial support to attend National Parole Board hearings |
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Number and nature of projects and activities supported that address needs of victims of crime |
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Perceptions of stakeholders (criminal justice professionals, victims services) |
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Criminal Code provisions intended to benefit victims are implemented |
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The Department contributes to the development and maintenance of a family justice system that tailors decisions to the individual needs of families, including children experiencing separation or divorce. The Department develops and implements policy and program initiatives and family law reforms in consultation with the provinces and territories. Specifically, the Department provides analysis, advice and litigation support in areas of marriage, divorce (including custody and access and child and spousal support), as well as enforcement of support and custody and access. The Department is also actively involved in two horizontal initiatives: the Family Violence Initiative (FVI) and the Federal Elder Abuse Initiative (FEAI).
Furthermore, the Department administers Family Law Assistance Services, which operates the Central Registry of Divorce Proceedings and supports the provincial and territorial Maintenance Enforcement Programs in ensuring that funds are provided to those who are owed support. For additional information on family justice, please consult the following Website: http://canada.justice.gc.ca/eng/pi/index.html.
Expected Outcome: Increased compliance by parents with the terms and conditions of family law support and access orders | |
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Performance Indicators |
Performance Highlights |
Trends in compliance with terms and conditions contained in family law orders |
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The Department promotes access to the justice system by working with provinces and territories, non-governmental and community-based organizations to develop and implement policies and laws that enhance access to justice, including access to justice in both official languages, while respecting the diverse nature and needs of all Canadians. The Department also works with other federal partners to promote access to justice and the rule of law internationally. Over the planning period, the Department focused its efforts in three core areas – legal aid, Special Advocates Program (SAP), and international technical legal assistance. For additional information on access to justice, please consult the following Web site: http://canada.justice.gc.ca/eng/pi/index.html.
The Department provides ongoing funding to the provinces for criminal legal aid in support of the Department's policy objective of helping economically disadvantaged adults facing serious or complex criminal charges and youths charged under the Youth Criminal Justice Act to receive legal aid services. In addition, resources are provided for immigration and refugee legal aid. Over the reporting period, the Department focused on implementing new legal aid agreements and continued to work in collaboration with jurisdictions to develop a sustainable legal aid strategy. For more information on Legal Aid please refer to the following Web site: http://www.justice.gc.ca/eng/pi/pb-dgp/arr-ente/lap-paj.html.
Expected Outcome: Provinces are assisted to deliver criminal and immigration and refugee legal aid to eligible persons | |
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Performance Indicators |
Performance Highlights15 |
Federal contributions for criminal legal aid as a percentage of eligible provincial expenditures on legal aid |
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Number of applications for criminal legal aid and percentage rejected on the basis of eligibility |
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Federal contributions for immigration and refugee legal aid as a percentage of allowable provincial immigration and refugee legal aid expenditures. |
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In February 2008 the Supreme Court of Canada determined that the security certificate provisions in the Immigration and Refugee Protection Act were unconstitutional because the process violated the rights of persons named in a security certificate to a fair hearing. The Special Advocates Program was therefore developed to address this issue in a fair and balanced way. The Program provides specially trained lawyers to represent the named person's interests by preventing the disclosure of confidential information and by ensuring the right to a fair hearing. For more information on the Program please consult the following Web site: http://www.justice.gc.ca/eng/dept-min/sa-as/.
Expected Outcome: Improved protection of rights for individuals subject to the Immigration and Refugee Protection Act when classified information is to be relied upon | |
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Performance Indicators |
Performance Highlights |
Number of persons on the program roster |
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Number of contribution agreements |
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Number of professional development sessions |
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Number of hours billed by special advocates |
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Turnover rates for special advocates |
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The Department provides significant support for Canada’s international and foreign policy objectives through the development and implementation of international technical legal assistance projects. Over the reporting period, the Department collaborated with federal partners to promote foundational Canadian values of freedom, democracy, human rights and the rule of law in transitional and fragile foreign countries. For more information on international technical legal assistance please consult the following Web site: http://www.justice.gc.ca/eng/pi/icg-gci/ta-at.html
Expected Outcome: Transitional and fragile foreign countries receive technical legal assistance needed to build, reform and strengthen their legal systems | |
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Performance Indicators |
Performance Highlights |
Number of countries with which the Department shares technical knowledge and expertise |
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Nature of technical knowledge and expertise shared |
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It has been widely documented that Aboriginal persons continue to be over-represented in the Canadian criminal justice system, both as victims and accused. To respond to this overrepresentation, the Department has taken specific measures to enable Aboriginal communities to have increased involvement in the local administration of justice and to provide timely and effective alternatives to mainstream justice processes in appropriate circumstances16. Furthermore, the Aboriginal Courtwork Program (ACW)17 ensures that Aboriginal persons in contact with the criminal justice system receive fair, equitable and culturally sensitive treatment.
Expected Outcome: Increased involvement of Aboriginal communities in the local administration of Justice | |
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Performance Indicators |
Performance Highlights |
Number of communities with Aboriginal Justice Strategy (AJS) projects |
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Number of communities undertaking capacity building and training to support the administration of justice |
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Number of clients served by Aboriginal justice programs (year over year data) |
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Expected Outcome: Reduced recidivism rates among AJS participants | |
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Performance Indicators |
Performance Highlights |
Rate of Aboriginal recidivism for AJS participants |
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Expected Outcome: Aboriginal people charged with an offence have access to culturally sensitive services | |
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Performance Indicators |
Performance Highlights |
Number of Aboriginal persons charged with an offence who received culturally sensitive services from an Aboriginal courtworker |
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2008-2009 Financial Resources ($ millions) |
2008-2009 Human Resources (FTEs) |
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Planned Spending |
Total Authorities |
Actual Spending |
Planned | Actual | Difference |
1.5 | 1.6 | 1.4 | 6 | 10 | 4 |
The Office of the Federal Ombudsman for Victims of Crime was established in 2007. The Ombudsman operates at arm's length from the Department of Justice, reporting directly to the Minister of Justice18 and is therefore outside the Department’s governance framework.
The mandate of the Federal Ombudsman for Victims of Crime relates exclusively to matters of federal responsibility and includes:
2008-2009 Financial Resources ($ millions) |
2008-2009 Human Resources (FTEs) |
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Planned Spending |
Total Authorities |
Actual Spending |
Planned | Actual | Difference |
471.6 | 323.8 | 312.1 | 3,904 | 4,052 | 148 |
The Department provides an integrated suite of common legal advisory, litigation, legislative and regulatory drafting services to government through:
Expected Results: Comprehensive delivery of the Government’s legislative agenda | |
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Performance Indicators |
Performance Highlights |
Levels of effort dedicated to legislative files |
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Number of bills tabled in Parliament |
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Number of regulations published in the Canada Gazette |
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Number of motions to amend for private members bills the Department was responsible for |
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Performance Summary | |
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Expected Results: Legal advisory services to support the Government in attaining its priorities | |
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Performance Indicators |
Performance Highlights |
Levels of effort dedicated to advisory files |
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Performance Summary | |
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Expected Results: Representing the Crown’s interest to enable government to attain its priorities
Performance Indicators |
Performance Highlights |
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Levels of effort dedicated to litigation files |
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Trends in levels of assessed risk of the litigation inventory19 |
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Trends in use of alternative dispute resolution to resolve disputes |
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Trends in the Crown results for litigation files – final litigation outcome indicators |
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Performance Summary | |
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The Department of Justice Canada supports the Attorney General as the chief law officer of the Crown both in terms of the ongoing operations of government as well as the development of new policies, programs and services for Canadians to support the Government’s priorities.
The Department provides legal advice to the Government and all federal government departments and agencies, represents the Crown in civil litigation and before administrative tribunals, drafts legislation, and responds to the other legal needs of federal departments and agencies. These activities directly and indirectly support the federal government by preparing legal instruments to enact new and ongoing programs and services to Canadians; ensuring that decision makers are able to factor the legal implications into their chosen courses of action in delivering policies, programs and services to Canadians; and defending the Crown’s ability to continue to provide programs, services and benefits to Canadians in the face of court challenges.
The Office of the Auditor General (OAG) recommended that the Department of Justice should further strengthen its management framework for the delivery of quality legal services. The Department continued to make significant progress in this area by establishing a departmental Action Plan that ensures all areas identified in the OAG’s report are addressed. The Action Plan has been provided to the Parliamentary Standing Committee on Public Accounts.
A formative evaluation of Legal Risk Management (LRM) concluded there was a need for a consistent, flexible and integrated approach to LRM across the Department. In response, the LRM group, part of the Law Practice Management Directorate, established an Action Plan to implement the recommendations from the evaluation. The Action Plan included the establishment of an LRM Network and working groups to develop an approach and recommendations on key issues.
The Department works with clients to identify legal risks and ensure a high level of understanding of legal risks that can affect policy, program, and service delivery within client departments and agencies.20 From the Client Feedback Survey, the Department has learned that while 88% of respondents consider their understanding of key legal risks facing their department to be “fair” to “very good”, the remaining 12% rated their understanding as “poor” or were unable to assess. This points to the need for ongoing communication of legal risks. The Department will continue to work with client departments to help them understand the key legal risks that may affect their policies, programs and service development initiatives.
The rapid deterioration in the global economy and the need to redirect resources and efforts to support the development of initiatives to address the impacts of the global recession in Canada reinforced the importance of close partnerships and communication with client departments. The ability to react nimbly to the changing environment and thus redirect efforts and resources was in part made possible through joint planning and priority setting with clients.
The implementation of the new Cabinet Directive on Streamlining Regulations and the Paper Burden Reduction Initiative (PBRI) has helped reduce the regulatory activity of the Government by limiting the development of new regulatory proposals to those demonstrated to be essential to the economic, environmental, health or security goals of the country.
The Aboriginal Affairs Portfolio provides expert legal services and legal policy advice to the Crown and to client departments, notably Indian and Northern Affairs Canada (INAC), on a broad range of Aboriginal law issues that affect government as a whole, including: Aboriginal rights and title, duty to consult, treaty rights, the fiduciary relationship of the Crown with Aboriginal peoples, constitutional and Charter issues relating to Aboriginal law, and more broadly the role of the law in support of the honour of the Crown and reconciliation between the Crown and Aboriginal Canadians.
Business and Regulatory Law (BRL) Portfolio counsel and paralegals are responsible for providing legal advice, managing legal risk, and conducting and supporting cases in court brought by or against the Crown. The BRL Portfolio also assists in the development of regulations and legislation for departments and agencies whose mandates share a regulatory or business focus. The Portfolio is involved in issues such as environmental protection, transportation regulatory matters, fisheries management and health protection, intellectual property, energy projects, cultural protection, and international development, among others.
The Central Agencies Portfolio serves the Department of Finance, the Treasury Board of Canada Secretariat, the Canada Public Service Agency, the Canada School of Public Service, 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. The Portfolio provides integrated legal advisory, non-criminal litigation and drafting services on fiscal, economic, and tax issues, federal-provincial fiscal arrangements, financial services, social affairs, accountability, machinery of government, comptrollership, human resources management, labour and employment law, financial sector practices, financial institutions, banking, money laundering, terrorist financing, and Crown law issues.
The Citizenship, Immigration and Public Safety Portfolio21 provided strategic legal services in the areas of security and immigration. The Portfolio directly supported the following clients: Citizenship and Immigration Canada, Public Safety Canada, the Canada Border Services Agency, the Canadian Security Intelligence Service, the Royal Canadian Mounted Police, the Correctional Service of Canada, and the National Parole Board. In addition, the Portfolio managed the Department of Justice’s Crimes Against Humanity and War Crimes Program.
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, as well as legal issues coordination and risk management. The Portfolio represents the Crown in all tax matters, including tax assessment and EI/CPP appeals to the courts, collection matters, civil law suits and class actions. The Portfolio gives legal advice to the CRA on corporate issues and income tax, commodity tax and benefit programs. The Portfolio also works in close collaboration with the CRA as it administers, reviews and develops amendments to fiscal legislation.
The Department also provides legal services through the Justice Portfolio to the Minister of Justice and Attorney General of Canada as well as in situations where the interests affect the government at large (i.e. where the issues are broader than one portfolio).
The Justice Portfolio consists of three specialized groups within the Department: the Public Law Sector; the Litigation Branch; and the Legislative Services Branch. The Portfolio provides specialized legal advisory, litigation and legislative services to all government departments and agencies both directly and indirectly, by supporting the five other operational portfolios.
As well, the Department's involvement in the Public Security and Anti-Terrorism initiative is funded from this Portfolio, and includes legislative support and policy development, legal advice and assistance, as well as prosecutions and civil litigation22. This also includes new responsibility for the Attorney General —the protection of sensitive federal government information.
The portfolio also carries out the functions assigned to the Minister of Justice as the central authority for Canada under the Extradition Act and the Mutual Legal Assistance in Criminal Matters Act by providing assistance to Canadian and foreign authorities to gather evidence for criminal cases or to obtain the extradition of fugitives from justice. Mutual assistance and extradition are important tools in the suppression of crime for the protection of Canadians and global community.
The following is by no means an exhaustive listing of major litigation files, but does provide the reader with a sense of the range and types of issues and challenges before the courts with respect to which the Department represents the Crown’s interests.
CSN/Arvida v. Attorney General of Canada - The Supreme Court of Canada confirmed the broad scope of the unemployment insurance power conferred on the Parliament of Canada by s. 91(2A) of the Constitution Act, 1867). The Court held that the active measures programs found in the Employment Insurance Act are constitutionally valid since they reflect changes in the economy and the labour market and are part of the “natural evolution” of the unemployment insurance power conferred on Parliament. This case has significant implications for the government's ability to maintain programs helping Canadians prepare to re-enter the labour market or allowing them to stay in it.
Lake v. Minister of Justice - The Supreme Court of Canada determined that the Minister of Justice has a broad discretion under the Extradition Act in deciding whether to surrender a fugitive to a foreign government. The decision is important in that it will assist the government in meeting its extradition treaty obligations to other nations.
Canadian Council for Refugees et al. v. Canada (Safe Third Country Agreement) - The Supreme Court of Canada dismissed the application for leave to appeal, thus affirming the validity of the Government’s Safe Third Country Agreement with the United States which governs the management of the flow of refugees into Canada.
Canada (MCI) v. Khosa - The Supreme Court of Canada allowed the appeal of the Minister of Citizenship and Immigration and restored the decision to deport Mr. Khosa, a permanent resident of Canada. While street-racing, Mr. Khosa caused the death of a pedestrian and was later convicted. This case is significant because the Supreme Court confirmed that the general rules applied by courts to review government administrative decisions are also to be applied by the Federal Court.
Charkaoui v. Canada (Citizenship and Immigration) - The SCC provided important guidance regarding the CSIS Act, the obligations on CSIS to retain operational records, and requirements for the government of Canada to provide disclosure in the context of security certificates under the Immigration and Refugee Protection Act.
Désiré Munyaneza - This was the first prosecution under the Crimes Against Humanity and War Crimes Act in Canada, which resulted in the conviction of Désiré Munyaneza for his role in the 1994 Rwandan genocide.
Amnesty International Canada et al. v. Chief of the Defence Staff for the Canadian Forces et al. - The Federal Court of Appeal sustained the transfer of individuals detained by Canadian Forces in Afghanistan to local authorities in the face of allegations that such transfers led to torture and were consequently unlawful under international law and infringed rights protected by section 7 of the Canadian Charter of Rights and Freedoms (right to life, liberty and security of the person). A loss would have had implications for Canada’s mission in Afghanistan.
Lipson v. The Queen - The Supreme Court of Canada dismissed the appeal and affirmed the application of the general anti-avoidance rule (GAAR) in the Income Tax Act to deny an interest deduction on a loan that was used indirectly to fund the purchase of a personal residence. The case had significant implications for the Canadian tax system with regard to the application of the GAAR to address abusive tax avoidance.
Redeemer Foundation v. Canada (National Revenue) - The Supreme Court of Canada dismissed the appeal, finding that the Minister of National Revenue had the authority to obtain information from a registered charity about its donors, without prior judicial authorization. This landmark decision confirms the broad scope of the Minister's audit powers.
eBay Canada Ltd. et al. v. Minister of National Revenue - The Federal Court of Appeal dismissed the appeal, holding that eBay Canada must provide the names of its high-volume sellers to the Minister even though the information was stored on servers located outside Canada. This case had significant implications for Canada's ability to administer and enforce the Income Tax Act in relation to e-Commerce.