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Message from the Registrar

I am pleased to present the 2010-2011 Departmental Performance Report for the Supreme Court of Canada.

The Supreme Court of Canada is Canada's final court of appeal. The Office of the Registrar of the Supreme Court of Canada has a deep appreciation for the importance of the Court’s role and focuses its efforts on a single strategic outcome, namely that “the administration of Canada's final court of appeal is effective and independent”.

Over the course of the period covered by this report, the core work of the Office has continued to be the processing and management of cases brought to the Court. The decision-making environment has continued to present new risks, challenges and opportunities.

The implementation of the Court’s Information Management (IM) program has progressed significantly. The deployment of an electronic document management system has taken place according to the objectives originally established and concrete accomplishments have been realized in the area of IM awareness, IM Strategies and IM Governance. In parallel, business processes have started to change, thus ensuring that the Court can better leverage new technologies. The work accomplished to date has brought the Court closer to its long term goal of improving electronic access to the Court’s case files and information, both by the public and litigants.

In 2010-11, the Court faced significant challenges in the area of Security, both as a result of increasing threats in the area of IT Security and because of a lack of capacity due to high staff turnover. Our efforts to enhance the Court’s overall security program to better meet the needs of the Court has nevertheless progressed in the area of IT Security, where significant measures were put in place to ensure the continuing safeguard of the Court’s information assets. As well, progress has been made in the further development of the Security program: new governance models have been adopted and community partnerships have been solidified, thereby strengthening the Court’s position in regard to security matters.

Finally, concrete steps have been taken to prepare for a major refurbishment project targeting the aging infrastructure of the Supreme Court of Canada building. In that regard, a functional review of the building has been launched.

I wish to conclude by thanking the entire staff of the Court for their continuing hard work and enthusiasm in serving the Court and Canadians with professionalism and a dedicated sense of purpose.

 

 

 

 

 

 

Section I: Organizational Overview

Raison d’être

Responsibilities

The Supreme Court of Canada includes the Chief Justice and eight puisne judges, all of whom are appointed by the Governor in Council. The Supreme Court of Canada hears appeals from the decisions of the highest courts of final resort of the provinces and territories, as well as from the Federal Court of Appeal and the Court Martial Appeal Court of Canada. In addition, the Court provides advisory opinions on questions referred to it by the Governor in Council. The importance of the Court’s decisions 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 heads the Office of the Registrar of the Supreme Court of Canada. The organization of the Office of the Registrar is depicted in the following diagram and further explained in the paragraphs that follow.

[Diagram 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 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: 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.

Strategic Outcome 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.

[Diagram 2 - Text version]

Organizational Priorities

Performance/Priority Status Legend

Exceeded: More than 100 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding Report on Plans and Priorities (RPP) was achieved during the fiscal year.

Met all: 100 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and expected outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Mostly met: 80 to 99 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and expected outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Somewhat met: 60 to 79 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

Not met: Less than 60 per cent of the expected level of performance (as evidenced by the indicator and target or planned activities and outputs) for the expected result or priority identified in the corresponding RPP was achieved during the fiscal year.

The Office of the Registrar has two priorities for 2010-2011: (i) develop and implement a sound information management program; and (ii) enhance the security program to better meet the needs of the Court.

Priority	Type	Strategic Outcome and Program Activities
Develop and implement a sound information management (IM) program	Previously committed to	The administration of Canada’s final court of appeal is effective and independent. Process hearing and decisions & internal services
Status: Mostly met
The Supreme Court of Canada’s (SCC) Enterprise Information Strategy and Information Management governance framework were finalized during the year. The strategy describes the SCC vision for electronic document and records management, and is supported by the Supreme Court’s strategic plan. The SCC is implementing this vision through a phased approach, which includes the development of training plans, Information Management awareness activities, updating of procedures, policies and guidelines to more effectively adapt work processes to the new technology in use at the Court. In the short term, an electronic document management solution (C-doc, a SharePoint 2007 application) has been developed and is being phased in, with priority being given to Court operational records related to cases. The launch of C-doc version 1.3/1.4 took place in October 2010. Also in 2010, the SCC began managing its unstructured data in the shared drives, applying the functional file classification plan and retention and disposition schedules to documents in electronic repositories. This step is a necessary precursor to the implementation of an electronic records management solution. Significant progress has been made in the renewal of the IM policy suite, with particular emphasis on directives and standards related to electronic document management and email management. As part of the business transformation process, the Supreme Court migrated from WordPerfect to Microsoft Word 2007 in 2010-11.

 

Priority	Type	Strategic Outcome and Program Activity
Enhance the security program to better meet the needs of the Court	New	The administration of Canada’s final court of appeal is effective and independent. Internal Services
Status: Somewhat met
Late in 2010-11, a new security governance structure was approved. The Court expects to staff two new positions in its Security Branch in 2011-12, which will enable the Court to review its security policies and procedures. New policies will also be implemented to improve the security component. The business continuity plan (BCP) is ongoing and should be near completion by the end of 2011-12. The Court’s involvement with the continuity of constitutional government (CCG) community further sensitized the community partners towards the Court’s security needs and requirements. This will address the overall security needs of the Court. In the area of IT Security, significant enhancements were made to ensure the safeguard of information in the context of increasing threats.

Enhancements to the Integrated Planning and Reporting Function

During the course of the 2010-11 fiscal year, staffing constraints severely limited the number of resources and attention that could be devoted to improved measures in regard to Integrated Planning. Nevertheless, significant progress was made in IT planning with the introduction of an improved IT planning and reporting framework. Furthermore, work was accomplished in preparing for the introduction of the Treasury Board’s Investment Planning Policy. An assessment of the requirements of the new Investment Planning Policy highlighted a need for better integration at the planning level between many key functions. A strategy for the improvement and streamlining of the planning and reporting framework will be elaborated in 2011-12.

Risk Analysis

Following the changes to the organizational structure that was announced on November 30, 2009, the Office of the Registrar continues to strive towards meeting its future challenges and to address its strategic priorities. The major factors affecting the Court’s activities are detailed below, along with key risks.

Operating Environment. The environment within which the Office of the Registrar must carry out its activities is continually evolving. During 2010-11 the Office of the Registrar has taken concrete steps to prepare for a major refurbishment project targeting the aging infrastructure of the Supreme Court of Canada building, and the development of a functional program has been launched.

To address the increased demand for the use of electronic information and technology in the Court’s proceedings, the Rules of the Supreme Court of Canada were amended. All formatting requirements, for both electronic and paper versions of documents, were removed from the Rules and inserted in the Guidelines for Preparing Documents to be Filed with the Supreme Court of Canada. A major goal of those changes to the Rules was to streamline the process for future changes to the Guidelines when further updates are needed. This progression towards having most case-related documents prepared and filed electronically provides a more nimble approach in addressing changes in format and standards for the electronic submission of documents.

The Organizational restructuring which took place in November 2009 has resulted in improved communications between the Court Operations Sector and IT Solutions & Development Sector, as well as in the delivery of Judicial Support Services to the judges’ chambers. The launch of C-doc 1.3/1.4 and the move to Microsoft Office Word have resulted in a review of business processes (judgment templates) and workflows. The introduction of new technologies did bring about adjustments to work processes. Considerable time and effort was deployed to ensure better alignment of the judgment drafting process with the new word processing software.

There is considerable pressure on organizations to progress towards electronic based processes and to be receptive to the introduction of new technologies. However, prior to the introduction of any new technologies, clear and realistic objectives must be set in terms of expected outcomes and efficiency gains.

In 2010-2011, there was also an assessment of other ways to improve the administrative efficiency of the Court in fulfilling its mandate. The Office of the Registrar, just like many other small agencies, faces continuing challenges between maintaining operations and addressing specific challenges, on one hand, while at the same time seeking to comply with the same expectations and requirements (e.g. reporting) established by central agencies and as are demanded of larger, more resourced departments or institutions. A series of proposed measures to deal with these continuing challenges were identified in 2010-11 and will be pursued in 2011-12.

Key risks. The key risks that may have implications for the Office of the Registrar’s ability to achieve expected results during the reporting period are related to information management, change management and business transformation, people management, physical and information security, business operations and their continuity as well as delivery of judicial support services. In November 2009, the Registrar took steps to address these risks through an internal restructuring to better align the information management function, to better respond to business transformation needs as well as to better deliver various judicial support services to the judges’ chambers. This reorganization has contributed to a better use of resources and improved collaboration between Court sectors, hence reducing the possible impact of the abovementioned risks.

Summary of Performance

The 2010-11 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 2010-11 Human Resources table displays the planned and actual full-time equivalents.

2010-11 Financial Resources ($ millions)

Planned Spending	Total Authorities	Actual Spending
29.4	31.6	30.3

2010-11 Human Resources (full-time equivalents - FTEs)

Planned	Actual	Difference
209	203	6

Strategic Outcome: The administration of Canada’s final court of appeal is effective and independent.

Performance Indicators	Targets	2010-11 Performance
Level of satisfaction among judges regarding quality of service	Annual and regularly scheduled interviews with Judges Target: “Satisfied” level	Target met: Following regular meetings and interviews between the Executive Committee Members and the Members of the Court, the Judges indicated that they were 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: Comments received from lawyers at meetings of the Supreme Court of Canada / Canadian Bar Association Liaison and the Court / Ottawa Agents Practice and Procedures Committee were unanimous in expressing the view that the quality of service of the Court Registry is excellent, and accordingly there is a high level of satisfaction on their part.

 

Program Activity	2009-10 Actual Spending ($ millions)	2010-11 ($ millions)				Alignment to Government of Canada Outcomes
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Process hearing and decisions	18.6	21.5	21.5	23.1	19.7	Strong and independent democratic institutions
Total	18.6	21.5	21.5	23.1	19.7

Program Activity	2009-10 Actual Spending ($ millions)	2010-11 ($ millions)
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Internal Services	10.4	7.9	7.9	8.5	10.6

 

Expenditure Profile

Canada's Economic Action Plan (CEAP)

The CEAP did not have an impact on the Court’s operations or activities.

Departmental Spending Trend

[Diagram 3 - Text version]

The Supreme Court of Canada has received fairly stable reference levels for the three fiscal years shown in the graph above.

Actual spending has varied slightly between 2008-09 and 2010-11, with higher spending noted in 2008-09 and 2010-11 as follows:

• Fiscal year 2008-09 marked the last year that the Supreme Court of Canada received additional funding for the modernization of its courtroom. Total spending for the project amounted to $651K in 2008-09, for which funding of $685K was received.
• An increase of 8% ($1.1M over 2009-10) in personnel costs was noted in 2010-11. This is due to a large retroactive salary settlement for the law group (LA) collective agreement settlement, higher severance costs and general increases to overall personnel costs.

Estimates by Vote

For information on our organizational votes and/or statutory expenditures, please see the 2010-11 Public Accounts of Canada (Volume II) publication.

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