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Section II – Analysis of Program Activities by Strategic Outcome

Performance Status Legend

Strategic Outcome(s) and Program Activity

Courts Administration Service’s (CAS) Program Activity Architecture has one Strategic Outcome (SO) and three program activities in support of its mandate. The information presented in this section is organized according to the following structure:

 

Program Activity 1: Registry Services

Program Activity Description

The Registry Services processes legal documents and applications for judicial review under the jurisdiction of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada. It also ensures the proper court records management and adequate operation of the litigation and court access process.

Program Activity: Registry Services

2010-11 Financial Resources ($ denomination)			2010-11 Human Resources (FTEs)
Planned	Total Authorities	Actual Spending	Planned	Actual	Difference
24.6	26.6	25.8	296	295	(1)

Expected Results	Performance Indicators	Targets	Performance Status
Court files are always accurate and complete	Satisfaction rate of clients and judges	85% satisfaction rates	The survey was not carried-out due to lack of resources and funding required for the acquisition of the software. Satisfaction of judges was monitored through formal and informal meetings with judges, generating good suggestions for service improvements and relaying high satisfaction.
	Service standards are met	Service standards met 90% of the time	The organization’s performance related to service standards could not be monitored automatically as a result of delays and lack of funding for the implementation of a CRMS. Draft service standards are monitored manually on a quarterly basis and results are used to make operational adjustments.

Performance Summary and Analysis of Program Activity

The following statistics provide an idea of the magnitude of Registry Services work for the four federal courts in 2010-11:

• 36,067 proceedings were instituted or filed with the four courts.
• 34,525 court judgements, Orders and Directions were processed.
• 5,770 files were prepared for hearings and heard in court (does not include matters settled or discontinued prior to hearings).
• 5,750 days in court.
• 417,570 recorded entries.

Despite this high volume of work only 15 minor complaints were received and immediately resolved in 2010-11. This is a clear indication of the high quality of the work and services provided by CAC employees across the country.

During the review period Registry Services’ employees focussed on implementing all the service improvements initiatives related to the following four areas described earlier: registry processes and operational training, responding to client needs, service standards, and improvements to technology-enabled business systems.

As mentioned before, CAS launched a two-year plan to address urgent problems with the IT infrastructure that had been identified in the Corporate Risk Profile. Progress was made on this project which is essential to support the development of many service initiatives and meet future demands on networks and systems.

The project could only be funded, however, by diversion of resources from other important initiatives. Most technology driven initiatives had to be virtually halted, including work on the development of the CRMS, e-filing of court documents, and other moves towards the introduction of technology-enabled courtrooms. Likewise, the planned survey of judges and courts users was put on hold for lack of resources.

Work did continue towards the provision of digital audio recording capacity for the Federal Court and the Tax Court of Canada. This included software testing to assess functionality against user requirements with very positive results. The next phases will be planning and implementing the solutions.

To stay informed about e-initiatives in other Canadian court jurisdictions, CAS continued to participate in various events organized by court related committees such as the Association of Canadian Court Administrators and the Centre for Canadian Court Technology.

As well, in collaboration with the Office of the Commissioner for Federal Judicial Affairs, Registry Services employees participated in an ongoing project in Ukraine and in a new project entitled “JUSTICE” (Judicial Systems Improvement for Commerce and Economy).  The goal of this latest project is to strengthen the judicial and legal environment through building skills of the judiciary, court administrators and judicial training institutes in Jamaica, Ghana and Peru. In 2010-11 our employees contributed to the Jamaican mission and they will be involved in the others in 2011-12. 

 

Lessons Learned – Registry Services

Moving to complete electronic court files remains an important objective for CAS. However, it has become evident that increasing e-filing and implementing e-courts cannot be achieved without a new CRMS in place, as well as a more robust and up-to-date IT infrastructure. However. Until resources are secured and a new CRMS is implemented, Registry Services and Internal Services will continue to work together to maintain and support the current legacy systems as well as the courts’ operations.

To ensure that new service improvement initiatives are successful, CAS needs to develop and improve communication between system developers and project stakeholders. Consequently, CAS needs to improve its capacity in both project management and business analysis. Work must continue to build a Project Management Office, complete the Investment Plan and strengthen governance around technology-enabled projects. This will allow the organization to achieve its goals and better identify, analyze and validate requirements for new business processes, policies and information systems.

Despite severe financial constraints, it was still possible to find innovative and creative ways to train employees. In 2010-11, CAS took advantage of in-house expertise and interdepartmental partnerships to offer employees a wider selection of courses to employees. This was an excellent initiative but as resources are already stretched, CAS must ensure that proper measures are put in place to avoid generating too much pressure on “in-house experts”.

Program Activity 2: Judicial Services

Program Activity Description

Judicial Services provides direct support to all the justices through the efforts of judicial assistants, law clerks, jurilinguists, chauffeurs and court attendants, and library personnel. The services provided include research, documentation, revision, editing, and linguistic and terminological advice, the object of which is to assist the judges in preparing their judgments and reasons for judgment.

Program Activity: Judicial Services

2010-11 Financial Resources ($ denomination)			2010-11 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
18.9	20.0	19.9	185	183	(2)

Expected Results	Performance Indicators	Targets	Performance Status
Judges have the support and resources they require to discharge their judicial functions	Satisfaction rate of judiciary concerning the services they receive	85% satisfaction rate	Assessment of the performance indicator for this fiscal year was limited to a combination of (i) feedback from formal plenary meetings of the courts along with (ii) comments and submissions from members of the bar and the public to the Secretary of the Federal Courts Rules Committee regarding proposed changes to the rules of practice, and (iii) ongoing anecdotal feedback on client service standards in regular discussions involving senior CAS management with the Chief Justices or judges overseeing Court management committees. The courts emphasized the continuing need for high-quality translations provided in a timely fashion for both administrative documents and court decisions, in line with obligations under the Official Languages Act. Feedback from these various sources indicate a good satisfaction level from judiciary with the services provided by CAS, in particular with law clerk, judicial assistant, library, and executive legal services.

Performance Summary and Analysis of Program Activity

The Judicial Services Branch continued to provide the judges of the four courts the support required to enable them to execute their judicial functions efficiently and effectively.

The judicial assistants provide the judiciary with office management, and administrative services support. In 2010–11 the processes, practices, tools and training for the judicial assistants were reviewed and updated which led to improvements in the quality and consistency of the services provided. To expedite the hiring of judicial assistants and provide ongoing administrative support to the judges, a pool of pre-qualified candidates was created.

The Law Clerk Program provides opportunities for upcoming and recent graduates of law schools in Canada to apply for positions as law clerks to judges. Approximately 55 law clerks are employed annually by CAS, generally for a one-year period to meet their articling requirements. Under the direction of members of the judiciary, who may act as principals for articling purposes, law clerks prepare case summaries, research questions of law and prepare detailed memoranda on facts and legal issues. In 2010-11, twelve law clerks were hired by the Federal Court of Appeal, thirty-one by the Federal Court and twelve by the Tax Court of Canada. CAS investigated new options for an online system to streamline the application process and reduce the amount of paper used; thereby contributing to the greening of government operations strategy.

Through the website of the courts, Judicial Services Branch ensures that the parties, the legal profession and the public have electronic access to Media Bulletins and Decision Bulletins. The Branch also offers Media Contact support for questions about the Court and its decisions.

The Judicial Services Branch organized meetings of the Bench and Bar and the Rules Committees which gave the members of the bar, key stakeholders and the public, a forum to effect changes to the litigation process in certain areas. Discussion papers were posted on the courts websites inviting interested parties to submit their comments. CAS continued to support the courts in their involvement with the following Bench & Bar Liaison Committees in 2010-11:

• Bench and Canadian Bar Association Liaison Committee
• Federal Court – Aboriginal Law Bar Liaison Committee
• Federal Court Bench and Bar Liaison Committee (Immigration & Refugee Law)
• Intellectual Property Users Committee
• Montréal Bar – Liaison Committee with the Federal Court of Appeal and Federal Court
• Liaison Committee – Labour Law, Human Rights, Privacy and Access Review

The Judicial Services Branch continued the implementation of its revised Library Collection Development Policy, drafted its Library Client Services Policy, and implemented an easy-to-use client interface on its library integrated system. By completing the implementation of both policies in 2011-12, CAS will improve the quality of library service to the judiciary and employees across the country.

Lessons Learned – Judicial Services

Since final judicial decisions must be made available in both official languages, translation represents a major cost for the courts system. In 2010-11, a new framework was developed between CAS and the Translation Bureau to explore possible process improvements and cost saving measures. It will be important to pursue this initiative to achieve the potential benefits.

The need for consultation and feedback on possible changes to improve the functioning of the courts became clearer than ever in 2010-11. CAS participation in Bench and Bar Liaison meetings provided essential feedback from the Bar on behalf of lawyers as well as private and public litigants. Federal Courts Rules Committee consultations with members of the bar and the public regarding proposed changes involving technology and procedures will be especially important in identifying areas that require attention, especially concerning the use of technology in the courts.

Intensive case management to streamline litigation and improve the efficiency of the justice system for litigants is of special importance for the Federal Court. Some of the required initiatives may involve changes to both Registry and Judicial Support services and could have significant financial implications. CAS will need to monitor service standards to ensure that appropriate funding and resources are available.

Experience during 2010-11 emphasized the drawbacks of the current approach to recruiting law clerks for the courts. Applications from potential candidates and the associated materials are currently provided to the selection committees of the courts in paper form. A new, more efficient online application process is being developed and should be implemented in 2011-12.

A review of the policy on library collections continues, in consultation with the judges' library committee. A key aim must be to reduce the number of hard-copy subscriptions and thereby free up funding for the electronic research services that continue to grow in importance for the courts.

Program Activity 3: Internal Services

Program Activity Description:

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

Program Activity: Internal Services

2010-11 Financial Resources ($ denomination)			2010-11 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
16.2	18.3	17.9	134	139	5

Performance Summary and Analysis of Program Activity

Service Improvement Initiatives

CAS developed a two-year plan to upgrade its ageing information technology infrastructure. Important progress was made during 2010-11 in addressing some of the most critical risks to court operations, but only at the expense of other high priority projects, such as CRMS, which had to be put on hold to free up resources for the initial phase of the IT infrastructure work. To enable the project to be completed, additional funding was sought; the request was successful and the necessary resources will be provided in 2011-12. When completed, this work will ensure more reliable operation, enable important improvements in support services and meet future demands on networks and systems.

In 2010-11, CAS began development of a more robust information management framework, including strategies for the safe keeping of records. The IM section also promoted across the organization a program emphasizing the need to incorporate IM requirements into all project and program planning. With respect to the digitization of court records and the acquisition of a corporate information management system, limited capacity meant that the organization could only make modest progress.

The physical security of the judiciary and other parties appearing in court or visiting registry counters continued to be a primary concern for CAS in 2010-11. To improve security measures, CAS implemented new access card systems in various offices, delivered training sessions to new employees, and made improvements to some facilities.

In February 2011, CAS completed the relocation of the registry counter for the Federal Court of Appeal, the Federal Court and the Court Martial Appeal Court of Canada at 90 Sparks Street, Ottawa. While the focus was on ensuring that the new location is more visible and accessible to the public, improving security for CAS employees was also a priority.

Additional funding was sought to ensure program integrity across a range of activities, including the high priority areas of business systems and security. It was calculated that some $10 million per year would be needed. This would restore resources that had been diverted to support unfunded judicial positions and would help to meet increasing needs for court support. The request was partially accepted, and incremental funding that will rise to $3 million per year by 2016-17 was provided for CAS in the 2011 Federal Budget.

Investment in our People

Human Resources Services undertook initiatives to attract, develop and retain knowledgeable, engaged and productive employees across the organization. These initiatives specifically addressed risks related to the potential loss or unavailability of highly specialized, knowledgeable employees.

The initiatives included:

• Greater emphasis on diversity, values and ethics as well as promoting a harassment-free and non-discriminatory work environment, and achieving work-life balance;
• Development of leadership capacities within the management team through the use of learning circles, acting opportunities, and other measures;
• Improved efficiency of the staffing process and development of a recruitment approach for the organization;
• Adopt a more systematic approach to learning and career development by improving the Performance Management Process, including individual agreements, personal learning plans and learning roadmaps;
• Development of an on-boarding program;
• Improved communication between staff and management through the implementation of a suggestion box and increased consultation with employees;
• Improved service to managers and employees through use of the intranet, website, and video conferencing.

Strengthened Planning and Accountability

CAS made good headway during the reporting period in applying an integrated and risk-based approach to planning, resource allocation and budget management. This was made possible by strengthening business planning and ensuring alignment of resources to corporate priorities and risks. As part of the effort to improve decision making and accountability, consultation with the Chief Justices of the courts was increased and financial reporting to the CAS Executive Committee was improved.

In addition, CAS implemented an Integrated Risk Management Framework (IRMF) and developed a Corporate Risk Profile (CRP). Development of priorities, choice of activities and allocation of resources are now directly informed by the CRP. The IRMF will be reviewed, refined and updated regularly to reflect the changing risk environment facing the organization.

During the reporting period, CAS made important progress on the development of project management and change management frameworks. By hiring specialized resources and training existing employees, the organization increased its capacity to manage both projects and change. This will help ensure that CAS meets future projects deliverables based on plans and requirements, and that resources are properly aligned with the project objectives and the priorities of the organization.

Work was undertaken to expand the use of information technology to support more efficient and effective management decision making through the provision of web-based financial information but had to be stopped as a result of lack of capacity. CAS remains committed to improve decision-support tools by expanding the use and maximizing the efficiency of the dashboard available to managers.

In 2010-11, CAS continued to work towards the creation of the Departmental Audit Committee. The organization appointed one external member and identified a second member to be appointed in 2011-12. Work continued to create an internal audit function, and innovative approaches are still being discussed with the Office of the Comptroller General.

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