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Section I – Departmental Overview

A. Message from the Registrar

My focus since taking up my duties as Registrar in March 2009 has been to review the Court’s organizational structure to ensure that it is properly aligned to meet current and future challenges, to address the strategic priorities and to improve the management and delivery of all judicial support services. 

Although I found the Court’s basic organizational structure to be sound, I undertook various internal and external consultations and thereby concluded that there was some room for improvement.  I then asked the Deputy Registrar to build synergies between and lead two new sectors at the Court: the Court Operations Sector and the Information Technology (IT) Solutions and Development Sector.  The Court Operations Sector brings together four core program branches: Registry; Law; Library and Information Management; and Reports.  The IT Solutions and Development Sector consists of two branches (i) IT Operations and (ii) Business Development and Change Management.  This new sector recognizes the increased magnitude of the operational IT program and aims to ensure that we have the strongest and most efficient operational capacity in all Court sectors.  It will also provide a more modern, flexible capacity to manage increasingly complex projects and provide support to the Court’s business transformation needs.

 Other changes to the administrative structure include an expanded Communications Service that includes external communications, public visits and educational programs, as well as internal communications.  To better reflect the nature of its core responsibilities, the former Executive Services Branch has been newly designated as the Judicial Support Services and Protocol Branch.  It will focus on providing all judicial support and protocol services to the Judges’ Chambers. 

The Corporate Services Sector is comprised of Corporate Planning and Reporting Services and three branches, namely: Finance and Administration; Human Resources; and Security Services.  A review of the entire Security Services Branch and program is currently underway. 

In any institution, change brings challenges.  I have full confidence that the recent organizational changes that have been implemented will (i) enable the Court and its staff to take full advantage of the considerable investments that were made in new technologies during the Court Modernization Program; (ii) contribute to making our Information Management vision for the Court a reality; and (iii) help us to better deliver all of our programs and services.

Finally, I am heartened by the fact that notwithstanding the considerable time and effort expended to implement the new organizational structure, the Court’s operational and strategic priorities were largely met, as is noted in the performance report below.

In closing, I wish to thank all staff in the Office of the Registrar of the Supreme Court of Canada for their continued assistance and respective contributions to the Court’s operations.

 

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 the eight puisne judges.

The Office of the Registrar of the Supreme Court of Canada exists to provide the full gamut of services the Court needs in order to hear cases and render decisions, and serves as the interface between the litigants and the Court. The focus of this report is on the priorities and activities of 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 comprises the Chief Justice and the eight puisne judges, all of whom are appointed by the Governor in Council. The Supreme Court of Canada 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 for Canadian society is well recognized. 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 Acts of Parliament, such as the Criminal Code.

The Registrar, also a Governor in Council appointee, reports to the Chief Justice, and headsthe 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

[Diagrame 1 - Text version]

Judicial Support and Protocol Branch:  The Judicial Support and Protocol Branch is responsible for the delivery of all judicial support services to the Chief Justice of Canada and the eight puisne judges of the Supreme Court of Canada, including protocol and judges’ dining room services, the development and delivery of integrated judicial support programs and services,  judicial administration, as well as the judges’  law clerk program.

Court Operations Sector: :  Composed of the Law Branch, Reports Branch, Registry Branch and Library and Information Management Branch, this sector is responsible for the planning, direction and provision of legal advice and operational support to the Supreme Court judges respecting all aspects of the management of cases from the initial filing to the final judgment on an appeal.  This includes processing and recording proceedings, scheduling of cases, legal and jurilinguist services, legal research and library services, legal editing services and publication of the Supreme Court Reports. Information management services, including case related and corporate records management, are also provided by the Sector.

IT Solutions and Development Sector: The IT Solutions and Development Sector is responsible for the development, delivery and management of enterprise-wide IT strategies, plans, policies, standards and procedures; the design, development and implementation of modern, innovative, integrated, leading-edge IT solutions; the stewardship of IT resources, including security, business resumption planning and emergency preparedness in a 24/7 environment; and business analysis, business transformation, project management, and business development through change management initiatives that leverage maximum benefits from IT modernization and generate efficiencies.

Communications Services Branch: The Communications Services Branch develops and implements communications strategies, plans and programs to increase public awareness and understanding of the Supreme Court of Canada and to enhance internal communications within the Court. 

Corporate Services Sector: The Corporate Services Sector is responsible for administrative support to the Judges and staff including:  strategic, business and resource planning; corporate reporting; management accountability; modern management methods and tools; integrated risk management; finance; procurement; accommodation; administration (telecommunications, mail and printing services); human resources; security; health and safety; emergency management and preparedness; and business continuity planning.

D. Strategic Outcome(s) and Program Activity Architecture (PAA)

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.

Office of the Registrar's framework of program activities and sub-activities

[Diagram 2 - Text version]

E. Summary of Performance

The 2009-10 Financial Resources table shows Parliament approved resources for the Office of the Registrar and the changes in resources derived from supplementary estimates and other authorities, as well as how funds were spent.  The 2009-10 Human Resources table displays the planned and actual full-time equivalents.


2009-10 Financial Resources ($ millions)
Planned Spending Total Authorities Actual Spending
28.6 31.2 29.0

 

2009-10 Human Resources (FTEs)
Planned Actual Difference
201 201 0

 

Strategic Outcome : To provide the best decision-making environment to the Supreme Court
Performance Indicators Targets 2009-10 Performance
Level of satisfaction among judges regarding quality of service

Annual  and regularly scheduled interviews with Judges
Target: “Satisfied” level

Target met. Feedback from judges indicated that they are very satisfied with the level of service provided to them.
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 10, 2010) was very positive. Counsel highlighted the Bar's appreciation for the opportunity to dialogue with the Court. At the December 2009 meeting of the Court/Ottawa Agents Practice and Procedure Committee, the SCC representatives asked the agents for feedback about the level of satisfaction with the services of the Court.  The general comment was that the agents were very satisfied with Registry services.

($ millions)
Program Activity 2008–09
Actual
Spending
2009–101 Alignment to Government of Canada Outcome
Main
Estimates
Planned
Spending
Total
Authorities
Actual
Spending

Process hearing and decisions

21.8

25.2

20.9

22.8

18.6

Strong and independent demoncratic institutions

Internal services

8.1

3.4

7.7

8.4

10.4

 

Total

29.9

28.6

28.6

31.2

29.0

 

The total authorities ($31.2 million) provided to the Supreme Court of Canada exceeded the planned spending ($28.6 million) by $2.6 million. The major factors contributing to the difference between the authorities and planned spending are the compensation adjustments received during the year ($1.3 million) and the operating budget carry forward from 2008-09 of (1.1 million).

Contribution of Priorities to Strategic Outcome(s)

The Office of the Registrar had two management priorities for the reporting period.

 
Management Priorities Type

Status

Linkages to Strategic Outcome(s)

Develop and implement an information management strategy and program

New

Somewhat met To provide the best decision-making environment for the Supreme Court

Summary of Achievements

As part of the overall modernization of its Courtroom, begun in 2006-07 and completed in 2008-09, the Court deployed elements of a flexible technology framework to support the display of electronic documents in the Courtroom and the Press Room (referred to as the Courtroom Document Display Tool (CDDT).  The second stage of implementation of a collaborative tool to enable electronic document management and transform the business processes that support case management was launched in 2008-09 and became operational in 2009-10.  Referred to as C-Doc, and built on a MS SharePoint 2007 platform, C-Doc was implemented as an electronic document management tool for principal appeal documents.  Over the next several years, additional document types, both case related and corporate, will be added to the repository to ensure the most effective management of information resources of business value.

In 2009-10, the alignment of the Information Management (IM) functions throughout the Court was reviewed to ensure that functional expertise was optimized, and that a sound governance structure was in place to provide strategic direction for the IM program. The structure is now in place and work will continue through 2010-11 to further develop the IM program.

 
Management Priorities Type

Status

Linkages to Strategic Outcome(s)

Finalize and implement the business continuity program

New

Somewhat met To provide the best decision-making environment for the Supreme Court

 

Summary of Achievements

The Office of the Registrar made progress towards finalizing its business continuity plan (BCP), but there is still work to be done.  Although a BCP was in place, it needed to be updated within the context of a comprehensive business continuity management program (BCMP).  The Supreme Court of Canada is an institution of the Continuity of Constitutional Government (CCG) and as such, a considerable level of effort is required to collaborate with Public Safety Canada, as well as with other continuity of constitutional government institutions and partners to develop and implement the CCG Emergency Response and Recovery Plan (CERRP).  In order to fully integrate with and participate in the CERRP, the Court’s BCP requirements must be fully developed, then refined and maintained at an acceptable level of readiness.  The work and effort involved in improving the BCP was underestimated and is now a component of a multi-year priority to enhance the overall security program to meet the needs of the Court.  As a small organization with only three full-time equivalent positions in its Security Services Branch, the Office of the Registrar lacked the necessary skills and resources that it could dedicate to the development of a BCMP.  A BCP Coordinator position was created and staffed in September 2009 and the Security Services Branch also dealt with staff turnover during the year.  Due to ongoing operations and the implementation of the Court’s new organizational structure, attention to the BCP was secondary.

In that regard, the following key activities were completed:

  • Resources were obtained to establish and staff a BCP Coordinator position;
  • BCP training was provided and continues;
  • A Business Impact Analysis (BIA) which identified critical and support services as well as associated dependencies was completed;
  • An action plan for the Business Continuity Plan Improvement Project was developed;
  • A business continuity management program policy was developed and approved;
  • A governance structure including roles and responsibilities for the Court’s entire business continuity organization has been established and approved; and
  • Continued participation on a variety of CCG committees and working groups.

Work will continue in 2010-11 to further advance the level of readiness of the BCMP – an essential component of the Office of the Registrar’s overall security program.  Existing business continuity plans and arrangements will be updated, validated and maintained through exercises and training.  A key priority for next year will be to enhance the overall security program to better meet the needs of the Court.  A security program and organizational review is currently underway in this regard.

F. Risk Analysis

Organizational risks are identified through discussions at executive or extended management committee meetings, which take place on a regular basis, and mitigation strategies are identified accordingly. Detailed risk assessments and mitigation plans are prepared when needed as determined by the Executive Committee. None were required during the reporting period.

The following provides more information about major factors which are currently affecting the Office of the Registrar’s operations.

  • Continued focus on electronic exchange of information. The implementation of electronic document management, the promulgation of a new policy on access to Court records, as well as growing demands for access to electronic documents during hearings, have all increased pressure on the Court’s administration to keep pace with technology and additional demands from stakeholders.  The parallel streams (electronic and paper based) of case and information processing pose growing challenges. To mitigate the risk of being unable to properly manage the cases before the court in the context of a dual paper and electronic environment, the focus of the Court’s administration has shifted to the transformation of business processes and change management.
  • Increased number of cases filed by unrepresented litigants. More tha n a quarter of all leave applications for leave to appeal in 2009 were filed by self-represented litigants, all of which require increased time and ability for Registry staff.  Registry staff continually review and update the material made available to self-represented litigants to ensure that their information needs are met, and to enable all litigants to file material that complies with the requirements of the Court Rules.   
            
  • Policy on Information Management and Policy on the Management of Information Technology. To meet the requirements of these policies, the court administration has implemented a new governance structure to allow information management to be incorporated into Court operations by way of a comprehensive and detailed information management strategy and plan.
  • Increasing importance of security at the Court and across government.   To meet the requirements of the new Policy on Government Security (PGS) as well as the needs of the Court, the Office of the Registrar is in the process of strengthening its security program.   In order to manage risks and improve the overall position of the Court’s security and emergency response readiness, the first year of the Court’s Security Plan (2010-11) will focus on building a sound foundation.

G. Expenditure Profile

Departmental Spending Trend

[Diagram 3 - Text version]

The Supreme Court of Canada received additional funding for the modernization of its courtroom, which ended in 2008/09. With the completion of that major undertaking, Main Estimates and Planned Spending returned to a regular level consistent with prior years. Total Authorities in all years exceed Main Estimates due to funding received within each respective year for compensation adjustments.

H. Voted and Statutory Items

This table illustrates the way in which Parliament approved the Office of the Registrar's resources, and 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 2007-08
Actual
Spending
2008-09
Actual
Spending
2009-10
Main
Estimates
2009-10
Actual
Spending
50 Operating expenditures 23.3 22.4 21.0 21.3
(S) Judges' salaries, allowances and annuities, annuities to spouses and children of judges and lump sum payments to spouses of judges who die while in office 5.1

 

5.1

 

5.4 5.1
(S) Contributions to employee benefit plans 2.3 2.4 2.2 2.6
Total 30.7 29.9 28.6 29.0