ARCHIVED - Public Prosecution Service of Canada - Report

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

MESSAGE FROM THE ATTORNEY GENERAL OF CANADA

The Public Prosecution Service of Canada is an independent prosecuting authority, responsible for prosecuting offences under federal jurisdiction and for providing high-quality legal advice to investigative agencies. Since its creation in 2006, the PPSC has fulfilled this mandate to an exceptionally high standard, and has been a leader in the criminal justice field.

This Departmental Performance Report, covering the period ending March 31, 2010, describes the PPSC’s work on behalf of the Crown and the Attorney General of Canada. The PPSC serves the public through its prosecution of criminal and regulatory offences under federal law in a manner that is fair, impartial, and independent of any improper influence.

The PPSC continues to perform its prosecutorial and advisory roles with integrity and excellence, and has demonstrated its dedication over the past year in the face of a wide range of challenges. I am gratified by the PPSC's continuing contribution to the fight against crime in Canada and to ensuring that our communities are safe places for Canadians to live, raise their families and do business.

MESSAGE FROM THE DIRECTOR OF PUBLIC PROSECUTIONS

I am pleased to present the 2009-2010 Departmental Performance Report of the Public Prosecution Service of Canada. As a national organization, the PPSC has a mandate to provide prosecutorial services and advice across Canada in a manner that is fair, impartial and objective.

This report demonstrates how the PPSC has performed this function over the past year, while looking forward to the years ahead. It provides an outline, analysis and highlights of the PPSC’s activities in areas from drugs to terrorism, war crimes and regulatory offences. We have achieved positive results in the performance of each program activity and are on track to continue delivering our mandate.

Since its creation in 2006, the PPSC has played a key role in the protection of communities across Canada through its work in the criminal justice system. PPSC prosecutors and support staff work tirelessly in their pursuit of this critical role while demonstrating our values of respect, integrity, excellence and leadership.

PPSC staff across Canada perform their duties diligently, with professionalism and pride. I am pleased to note this report shows the results of these continued efforts.

SECTION I: OVERVIEW

1.1 Summary Information

Mandate

Responsibilities

The PPSC undertakes key duties on behalf of the Attorney General of Canada. These key duties, to be carried out in an objective and non-partisan manner, are:

• The duty to act independently in making decisions related to criminal prosecutions – This constitutional principle recognizes that decisions to prosecute, stay proceedings or launch an appeal must be made solely in accordance with legal criteria. The public interest must be taken into account, but not considerations of a partisan political nature.

• The duty to act independently in providing prosecution-related legal advice – While prosecution-related advice to law enforcement and other federal investigative agencies will take into account the agency's legal and policy setting, prosecutors cannot be drawn into the agency's policy making and program administration such that their ability to provide impartial and effective legal advice is undermined.

The PPSC prosecutes cases under federal statutes that are referred to it by the Royal Canadian Mounted Police (RCMP), other federal investigative agencies, provincial police forces and municipal police forces.

The PPSC’s prosecution-related work is part of the criminal justice continuum, which includes investigative agencies, law enforcement, courts and other parts of the criminal justice system. Prosecution-related advice during police and other investigations has become crucial to ensure that investigative techniques and procedures are consistent with evolving rules of evidence and the Canadian Charter of Rights and Freedoms’ protections. The advantage of early prosecutorial advice includes reducing the risk that operational decisions, such as those about methods of obtaining evidence, will detrimentally affect the admissibility of evidence at trial or the constitutional rights of Canadians.

Strategic Outcome and Program Activity Architecture (PAA)

The PPSC has one strategic outcome as illustrated in the following chart, which also presents the PPSC’s framework of activities in 2009-10:

1.2 Performance Summary

2009-10 Financial Resources ($ millions)

Planned Spending	Total Authorities	Actual Spending
162.8	181.4	147.0

2009-10 Human Resources (FTEs)

Planned2	Actual	Difference
998	823	175

 

Performance Summary Table

Strategic Outcome: Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner

Performance Indicators	Targets	2009-10 Performance
Number and nature of judicial stays for abuse of process based on the conduct of a federal prosecutor.	Zero	Zero
Number and percentage of successful malicious prosecution lawsuits.	Zero	Zero
Number and nature of substantiated complaints regarding the PPSC's independence, impartiality or fairness.	Zero	Zero

Program Activity	2008-09 Actual Spending3	2009-10 ($ millions)				Alignment to Government of Canada Outcomes
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Program Activity #1: Drug, Criminal Code, and terrorism prosecution program	89.8	117.1	118.4	127.9	108.1	Social Affairs: A Safe and Secure Canada
Program Activity #2: Regulatory offences and economic crime prosecution program.	15.8	10.7	16.2	19.8	17.8
Program Activity #3: Internal Services4	26.6	28.2	28.2	33.7	21.1
Total	132.2	156.0	162.8	181.4	147.0

Contribution of Priorities to Strategic Outcome

Operational Priorities	Type	Status	Linkages to Strategic Outcome: Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner
1. Prosecuting criminal offences under federal law	Ongoing	Met All: The PPSC handled 76,292 prosecution files in 2009-10, independent of any improper influence and in the public interest.	The central element of the PPSC’s mandate is to prosecute matters on behalf of the Crown that are within the jurisdiction of the Attorney General of Canada.
2. Providing legal advice to investigative agencies	Ongoing	Met All: The PPSC carried out an inaugural survey of investigative agencies in 2008-09 and published the results in 2009-10. Survey respondents were unanimous in confirming the usefulness of PPSC prosecutors’ legal advice on matters of a general nature, as well as on particular investigation files.  Respondents repeatedly commented that legal advice can help investigators determine appropriate charges, assess the admissibility of evidence to support those charges, draft judicial authorizations, prepare for and testify in court, and avoid errors that can negatively impact on case outcomes. The PPSC expects to once again solicit feedback on its services in 2012-13.	Prosecution-related advice is crucial to ensure that investigative techniques and procedures conform with the evolving rules of evidence and the protections found in the Canadian Charter of Rights and Freedoms. The early and ongoing involvement of prosecutors helps ensure that the police and other investigative agencies benefit from legal advice to decide how best to enforce the law. This close collaboration is achieved while maintaining the independence of roles between prosecutors and police and investigative agencies.
3. Contributing to strengthening the criminal justice system	Ongoing	Met All: The PPSC continued to participate fully in federal / provincial / territorial forums, and contributed to law enforcement efforts at the international level, thereby addressing criminal justice issues of common interest. It also contributed to improving the efficiency of the criminal justice system by providing legal advice during police investigations (see 2. above), by providing legal training to prosecutors and law enforcement investigators, and, where requested, by providing advice on amendments drafted by the Department of Justice Canada (DOJ) to federal statutes relevant to the criminal justice system.	The PPSC’s national and international activities in this area contribute to improving the efficiency of the criminal justice system across Canada.
Management Priorities	Type	Status	Linkages to Strategic Outcome:
1. Performance measurement framework	Previously commited to	Somewhat Met: The PPSC continues to pursue improvements to its performance measurement framework. Key performance indicators have been included in the integrated planning process as elements to be considered and monitored in corporate business and human resources plans for the upcoming fiscal year. As of April 2009, the PPSC implemented an improved national protocol governing timekeeping practices. It simplified and restructured various case management data sets for specific activities that relate to prosecutions. The data entry elements for file opening and closing protocols also were simplified and this process is being more closely monitored. In addition, as a result of a significant organizational restructuring, work was done to harmonize the case management system with the new structure. Consequently, work was delayed on the further development of the performance measurement framework.	As a federal government organization, the PPSC is accountable to the Canadian public for how it manages its resources and results achieved.
2. Recruitment and retention	Previously committed to	Met All: The PPSC established a working group to move forward the Law Group Project, Ensuring Excellence. The group will work on the development of a career path for prosecutors, which includes enhancing training opportunities and finalizing competency profiles. A Northern recruitment strategy was also launched.	Ensuring that employees feel valued and appreciated, and that the organization is viewed as an employer of choice is essential, particularly given employment alternatives that exist with provincial prosecution services or the private sector.
3. Security	Previously committed to	Met All: A Departmental Security Officer was appointed in April 2009 and PPSC-managed security activities such as personnel security and physical security are now in place to facilitate employee security screenings and safeguarding of PPSC offices.	Ensuring the safety and security of employees is of paramount importance. Prosecutors and other employees work in an environment where they may be the subject of threats to their personal safety and security.
4. Knowledge management (KM)	Previously committed to	Mostly Met: Progress during 2009-10 included the development of a KM framework, taxonomy and metadata for a number of key knowledge databases.	Effective KM tools contribute to an efficient workforce and to the successful delivery of the PPSC’s mandate.

1.3 Risk Analysis

Operational Trends

The PPSC’s total volume of litigation files for 2009-10 reached 76,292, compared to 74,674 litigation files handled in 2008-09. Of this total, 87% were within the drug, Criminal Code and terrorism offences prosecution program, whereas 13% involved the prosecution of federal regulatory offences and economic crime.

A small percentage of highly complex cases absorb a disproportionate share of the PPSC’s total resources. By way of example, drug mega cases and drug cases of high complexity  represented 1.33% of the litigation caseload in 2009-10 but approximately 22% of the recorded litigation time of PPSC counsel and paralegals. This shows how a relatively small number of cases, in response to strengthened law enforcement efforts across Canada, may have a disproportionate impact on the demand for prosecutorial resources. A single mega case can absorb more prosecutorial resources than several hundred low complexity cases.

Collaboration with key stakeholders in the criminal justice system is an ongoing and important element of the PPSC’s operating context. Since federal and provincial prosecution services face common issues and challenges, they benefit from collaboration under the leadership of the Federal/Provincial/Territorial (FPT) Heads of Prosecution Committee.  The Committee continued its work to promote inter-jurisdictional cooperation and assistance on operational issues such as quality assurance, organized crime prosecutions, concurrent jurisdiction, proceeds of crime, expert witnesses and prosecutor training and security. 

External and Internal Influences Facing the PPSC

The PPSC is subject to a variety of external and internal influences, described below.

International crime networks:  The globalization of crime networks poses significant dangers to national and global security.  These networks are involved in organized crime, engaging in such activities as trafficking in human beings, telemarketing fraud, money laundering, drug trafficking and terrorism. International criminal networks exploit national borders in an attempt to thwart the efforts of authorities in their battle to prevent trans-national crime. This global reality has made it imperative for the PPSC and other organizations to work more effectively with international partners to challenge the serious threats posed by these international criminal networks, to uphold the rule of law, and to enhance safety and security at home and abroad.  In 2009-10, the PPSC worked with several international bodies such as the International Association of Prosecutors, the Heads of Prosecuting Agencies Conference, the International Network to Promote the Rule of Law, the United Nations Office on Drugs and Crime and the Centro de Estudios de Justicia de las Americas (Chile, Santiago).

The North:  Recruitment and retention continue to be a challenge in Canada’s North, particularly in Nunavut and in the Northwest Territories. Crown prosecutors assigned to the North often face the stressful working conditions and pressures associated with, among other things, isolation, cultural differences, lengthy travel and elevated rates of violent crime. Northern prosecutors are required to travel on court circuits and often spend many days away from their homes and families. Prosecutors and Crown Witness Coordinators can also be subject to the effects of vicarious trauma due to the nature of the work they do.

Despite the challenges inherent to the PPSC’s work in the North, this work presents many professional and personal opportunities for growth. Convinced that the opportunities that Northern prosecutions provided were not widely known, the PPSC launched a recruitment strategy in February 2010. This included public notices aimed at attracting candidates to the unique environment that the North represents and the experiences that can be gained from working and living there.

Workload: The PPSC has no control over the number of cases referred to it for prosecution by the police and other investigative agencies that lay charges under federal statutes. Its workload, therefore, is largely based on the decisions of these entities regarding investigative priorities, tactics and allocation of resources.  For example, increases in drug enforcement or investigative resources can significantly affect the nature and volume of the PPSC caseload. Similarly, changes in tactics to focus on the upper echelons of organized crime groups rather than on individuals in the lower ranks, affect the complexity and cost of prosecutions.

Resourcing issues: The PPSC is working to ensure that its long-term funding needs are addressed, particularly in the areas of IM/IT and accommodations. In 2009-10, the PPSC assessed the resource gaps related to its capacity to deliver these strategic corporate services. The PPSC may face additional financial pressures resulting from the newly imposed requirements in the arbitral award relating to the Law Group, to compensate for overtime and travel time for some of its lawyers. While facing these issues, the PPSC, like all other government organizations, is subject to the government-wide budget restraint measures announced in Budget 2010 and will be subject to strategic review.

Workforce issues: The entry into force of the first collective agreement and arbitral award for lawyers in the federal public service in 2009-10 presents challenges to managers and employees alike. It has an impact on the way in which managers and employees carry out their day-to-day activities, and the way unionized prosecutors are managed within a collective agreement.

Competition for scarce resources: Some regional offices continued to face recruitment and retention challenges in 2009-10. In certain regions of Canada, the salaries paid to provincial prosecutors exceed those paid to PPSC lawyers. The PPSC will continue to undertake focused recruitment efforts, as well as post-secondary recruitment activities. To ensure that the PPSC remains an employer of choice, it is also introducing a People Management Strategy that delineates the various corporate approaches to be used in support of workforce development.

Security: Due to the nature of their work, PPSC employees may be exposed to incidents of threats and intimidation. Ensuring the safety and security of its employees is a PPSC priority, which includes the use of appropriate security measures, policies and procedures to protect them. In addition, the PPSC is developing a business continuity plan to ensure the continued delivery of its services.

1.4 Expenditure Profile

Voted and Statutory Items

The following table shows the actual spending since the creation of the PPSC:

($ millions)

Vote # or Statutory Item (S)	Truncated Vote or Statutory Wording	2007-08 Actual Spending	2008-09 Actual Spending	2009-10 Actual Spending
35	Program expenditures	99.8	120.7	132.6
(S)	Contributions to employee benefit plans	10.1	11.5	14.4
Total		109.9	132.2	147.0

Spending Trend

The major variances by fiscal year are as follows:

• The increase of $22 million in spending from 2007-08 to 2008-09 is mainly due to spending related to the PPSC’s transition to an independent federal organization and to the increase in Crown agent fee rates (which had remained unchanged since 1990).

• The increase of $15 million in spending from 2008-09 to 2009-10 is mainly due to the Law Group Arbitral Award and increased spending to more effectively prosecute drug cases as well as for the Restoring the Effectiveness of Federal Policing initiative.

• The increase of $26 million from 2009-10 actual spending to 2010-11 planned spending is mainly due to additional funding for four initiatives: the proposed Mandatory Minimum Penalties for Serious Drug Offences under the National Anti-Drug Strategy; the Restoring the Effectiveness of Federal Policing initiative; the Integrated Proceeds of Crime initiative; and the Convention on Cybercrime.

• The increase of $4 million from 2010-11 to 2011-12 is mainly due to additional funds related to the PPSC's transition, specifically for accommodations and IM/IT, and funding for the National Initiative to Combat Money Laundering.

• The decrease of $4 million between 2011-12 and 2012-13 is mainly due to the sunsetting of the transition funding.

• Previous Page
• Table of Contents
• Next Page