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Message from the Director of Public Prosecutions

I am pleased to present the 2010-2011 Departmental Performance Report of the Public Prosecution Service of Canada. The PPSC is an independent prosecuting authority with a mandate to prosecute offences under federal jurisdiction in a manner that is fair, impartial, and objective, and to provide high-quality legal advice to investigative agencies.

Over the past year, the PPSC’s prosecutors have argued a number of high-profile and complex cases, and have done so with diligence and professionalism. This report describes the PPSC’s efforts in each of our program areas, including drugs, terrorism, war crimes, and regulatory offences. It also outlines the internal and external challenges we continue to face as an organization, and sets out the steps we have taken to meet those challenges.

The PPSC plays a key role in the Canadian criminal justice system. Its success is due to the efforts of PPSC staff, who perform their duties guided by the core values of respect, integrity, excellence, and leadership.

____________________________________
Brian Saunders
Director of Public Prosecutions

Section I - Organizational Overview

Raison d’être

The mandate of the Public Prosecution Service of Canada (PPSC) is set out in the Director of Public Prosecutions Act1. The Act calls on the PPSC to provide prosecutorial advice to law enforcement agencies and to prosecute matters on behalf of the Crown that are within the jurisdiction of the Attorney General of Canada. The PPSC’s main objective is to prosecute offences under federal jurisdiction in a manner that is free of any improper influence and that respects the public interest.

The PPSC plays an integral role in the criminal justice system, promoting due process and working to safeguard the rights of all those who come into contact with the system. The benefits to Canadians from the work carried out by the PPSC include:

  • provision of legal advice to investigative agencies and federal government departments on the criminal law implications of investigations and prosecutions;
  • appropriate enforcement of federal laws through principled and independent decisions by prosecutors; and
  • confidence in the administration of justice through professionally conducted prosecutions that result in a judicial determination on the merits of the evidence.

Responsibilities

The PPSC undertakes key duties in the criminal justice system. These 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 solely be made 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 a law enforcement or investigative agency will take into account the agency’s legal and policy setting, prosecutors cannot be drawn into its policy making and program administration such that their ability to provide impartial, accurate and effective legal advice is undermined.

Areas of Prosecution

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

It is responsible for the prosecution of all drug offences under the Controlled Drugs and Substances Act, regardless of whether a federal, provincial, or municipal police agency lays the charges, in all provinces except Quebec and New Brunswick. In the latter two provinces, the PPSC is responsible for drug charges laid by the RCMP only.

In all provinces and territories, the PPSC prosecutes offences under federal statutes aimed at protecting the environment and natural resources as well as the country’s economic and social health (e.g., Fisheries Act, Income Tax Act, Copyright Act, Canada Elections Act, Canadian Environmental Protection Act, Competition Act, Customs Act, Excise Act, and Excise Tax Act), offences involving fraud against the government, capital market fraud offences, along with conspiracies and attempts to violate any of these statutes. In total, over 250 federal statutes contain offences that fall under the PPSC’s jurisdiction to prosecute. However, the PPSC is called upon to regularly provide prosecution services under approximately 60 of those statutes.

In the three territories, the PPSC prosecutes all Criminal Code offences as well as offences under all other federal legislation and certain territorial statutes. In the provinces, the PPSC has jurisdiction to prosecute a limited number of Criminal Code offences, including those related to terrorism, criminal organizations, money laundering, proceeds of crime, and fraud. Under arrangements with the provinces, the PPSC may prosecute Criminal Code offences that are otherwise within provincial jurisdiction when the accused also faces charges within federal jurisdiction.

Where required, the PPSC also provides prosecution-related advice to investigators for all types of prosecutions. Such advice continues to be crucial to ensure that investigative techniques and procedures are consistent with evolving rules of evidence and protections under the Canadian Charter of Rights and Freedoms. The advantage of early prosecutorial advice is that it reduces 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.

Organization

The PPSC is a national prosecution service with a network of offices across Canada. As of March 31, 2011, the PPSC had 958 employees, the majority of whom were staff prosecutors, paralegals, Crown Witness Coordinators2 in its northern offices and the support staff who assist them. The remainder included other professionals, such as senior managers, administrators and corporate services staff.

The PPSC also employs the services of private sector legal agents in locations where it does not have an office or where it is impractical or otherwise not cost-effective for staff counsel to handle cases. The work of agents is overseen by the PPSC’s Agent Affairs Program. It includes a centralized support unit at headquarters, as well as agent supervision units located in each regional office, which are responsible for the day-to-day management of agents. The PPSC currently retains some 224 standing agent firms across Canada, representing approximately 535 individually appointed counsel.

In 2008-09, the PPSC introduced fixed-term agreements for agents, replacing indeterminate appointments. Under this regime, any law firm or lawyer interested in becoming an agent can apply for a five-year term when an opening occurs. The PPSC’s transition to fixed-term agreements is progressing in accordance with the five-year plan. In 2010-11, 71 fixed-term agreements were entered into with agents.

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.

Strategic Outcome and PAA

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Organizational Priorities


Priority Type Status3
Prosecuting offences under federal law: A central element of the PPSC’s legal mandate is to prosecute matters on behalf of the Crown that are within the jurisdiction of the Attorney General of Canada Ongoing Met all:
  • The PPSC handled 78,817 litigation files in 2010-11, in a manner that was independent of any improper influence and in the public interest4. These files include prosecutions in four broad areas: drug offences; crimes that threaten national security, such as terrorism and war crimes: all Criminal Code offences in the three Northern territories, and economic crime and regulatory offences.
Providing legal advice to investigative agencies: Prosecution-related advice during police investigations, particularly large-scale and complex investigations, 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. Ongoing Met all:
  • PPSC counsel provide advice on all types of prosecutions, covering issues such as the disclosure of evidence required by law, and obtaining key evidence gathering orders, such as wiretap authorizations and orders to produce evidence. The operational priority for prosecution-related advice provided during investigations is primarily focused on highly complex and mega cases.
  • The PPSC’s inaugural survey of investigative agencies carried out in 2008-09 and published in 2009-10, revealed that 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 the introduction of evidence.
Contributing to strengthening the criminal justice system: The PPSC contributes to strengthening the criminal justice system across Canada and improving its efficiency Ongoing Met all:
  • The PPSC continued to participate fully in federal / provincial / territorial (FPT) forums, and contributed to law enforcement efforts at the international level, in order to address criminal justice issues of common interest. It also contributed to improving the criminal justice system by providing legal advice during investigations, 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 to federal statutes relevant to the criminal justice system.
  • Collaboration with key stakeholders in the criminal justice system is an ongoing priority for the PPSC. The FPT Heads of Prosecution Committee is a forum for federal and provincial prosecution services to address common issues and challenges. The Committee continues to promote inter-jurisdictional cooperation and assistance on such operational issues as quality assurance, organized crime prosecutions, concurrent jurisdiction, proceeds of crime, expert witnesses, performance measurement and prosecutor training and security.
Performance measurement framework: Sound performance measurement processes and tools help manage operational performance and enhance the planning process Previously committed to Mostly met:
  • The PPSC made further refinements to its national timekeeping protocol to ensure that its timekeeping practices accurately reflect activities and time usage. The protocol is critical to ensuring that complete and reliable timekeeping information is available to guide decision-making, overtime compensation and cost recovery. In addition, the PPSC continued to simplify and restructure case management data on specific activities that relate to criminal, regulatory and economic prosecutions.
  • The PPSC is working towards further refining its analysis of performance measures, including the analysis of trends in case volumes, complexity and distribution.
Recruitment and retention: The PPSC values and appreciates the contribution of its employees and seeks to offer rewarding careers with diverse opportunities and intellectually challenging work Previously committed to Mostly met:
  • During 2010-11, the focus of this priority evolved from recruitment and retention to “Engagement and Employee Development”. It supports accountability, recruitment, retention, leadership, employee development and outreach goals. One of the first initiatives developed under this new focus was the LA Group Project - Ensuring Excellence. Its goal is the development of a comprehensive and integrated approach linking organizational and talent management initiatives, such as recruitment, learning and development, advancement and overall management of prosecutors. Work will continue in 2011-12 to further expand this initiative.
  • As part of the PPSC’s People Management Strategy (2009-2014), the PPSC also established the Employment Equity and Diversity Committee and developed and implemented the PPSC employment equity self-identification form. The Strategy supports ongoing efforts to attract and retain talent and to ensure a knowledgeable and engaged workforce.
Security: Ensuring the safety and security of its employees is of paramount importance to the PPSC. Due to the nature of their work, PPSC employees face the risk of direct and indirect threats to their safety Previously committed to Mostly met:
  • As required by the new TB Policy on Government Security, the PPSC has begun the development of a security plan that sets out approaches to managing security risks and outlines strategies, goals, priorities and timelines for improving security within the PPSC.
  • The Employee Protection Program is in its final planning stages. A framework for implementation has been developed and a Security Preparedness Officer has been appointed to coordinate the implementation phase during 2011-12.
Knowledge Management: Knowledge management, including continuous learning, contributes to an effective and efficient work force which is essential to the successful delivery of our mandate Previously committed to Mostly met:
  • The Law Practice Management and Information Management and Technology directorates continued to implement electronic systems to facilitate the collection and sharing of legal information and knowledge throughout the organization.
  • Work will continue in 2011-12 to maintain the many legal knowledge databases used as reference by PPSC prosecutors, paralegals and legal assistants.

Risk Analysis

Operational Trends

The PPSC’s total number of litigation files for 2010-11 reached 78,7175, compared to 76,292 handled in 2009-10. This includes 48,504 files opened during 2010-11 as well as 30,313 files carried over from previous years. An examination of trends shows that the average annual percentage increase in the PPSC’s caseload of new files since its establishment in December 2006, is 2.22%.

Operational Trends graph

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Approximately 88% of all litigation files were within the drug, Criminal Code and terrorism offences prosecution program, whereas approximately 12% involved files within the regulatory offences and economic crime prosecution program.

The PPSC does not control the number or type of cases referred to it for prosecution by the police and investigative agencies that lay charges under federal statutes. Its workload is largely based on these agencies’ decisions regarding investigative priorities, tactics and resource allocations. As a result, increases in enforcement resources affect the nature and volume of the PPSC’s caseload. Similarly, changes in police tactics to focus on the upper echelons of organized crime groups rather than on individuals in the lower ranks will affect the complexity, duration and cost of prosecutions.

The PPSC uses a risk assessment grid based on the complexity of litigation files. It is revising this grid to include a component on roles and responsibilities to assist in the management of risk. The graphs below illustrate the increase in the number of files handled by the PPSC in two broad complexity categories over the last four years. During this period, files in the “Low” and “Moderate” category increased by 12.6%, while files in the “High” and “Mega” category increased by 77.4%.

Number of “Low” and “Moderate” Complexity Files over Four Years (2007-2008 to 2010-2011) (12.6% increase)

Number of “Low” and “Moderate” Complexity Files

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Number of “High” and “Mega” Complexity Files over Four Years (2007-2008 to 2010-2011) (77.4% increase)

Number of “High” and “Mega” Complexity Files

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High complexity and mega cases absorb a disproportionate share of the PPSC’s resources. In many instances, a single mega case can absorb more prosecutorial resources than several hundred low complexity cases. For example, drug mega cases and drug cases of high complexity handled by staff prosecutors represented only 2.13% of the litigation caseload in 2010-11 but 35.4% of the drug prosecution-related litigation time recorded by PPSC staff counsel and paralegals. This demonstrates how a small increase in the number of organized crime cases in response to strengthened law enforcement efforts across Canada can lead to a significant increase in the demand for prosecutorial resources.

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 engage in such activities as drug trafficking, money laundering, trafficking in human beings, terrorism, and telemarketing fraud. This global reality makes it imperative for the PPSC and investigative agencies to work effectively with international partners to address the serious threats posed by international crime networks.

In 2010-2011, the PPSC continued to work with 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 (based in Santiago, Chile). At home, the PPSC has taken the lead in establishing crimorg.ca, a web-based resource for federal and provincial prosecutors involved in prosecuting criminal organizations.

Challenging conditions in the North: PPSC prosecutors and Crown Witness Coordinators assigned to the North face a unique set of challenges. These include frequent travel to small isolated communities and extended absences from their homes and families; routine exposure to the traumatic experiences of victims and witnesses due to high rates of violent crime and victimization; and communication difficulties with victims and witnesses, stemming from language and cultural barriers.

Despite these challenges, work in the North offers many professional and personal opportunities for staff prosecutors. Convinced that the opportunities that Northern prosecutions provide were not widely known, the PPSC launched a targeted recruitment strategy in February 2010. This included public notices aimed at attracting candidates to the unique environment that the North represents and the positive experiences that can be gained from working and living there.

Resourcing issues: The Government has imposed a freeze on departmental operating budgets, thereby requiring federal organizations to fund salary increases and other costs from reallocations within their current budget levels. Accordingly, the PPSC will have to realign budgetary resources to cover its total salary requirements.

In addition, the PPSC is faced with the challenge of developing a uniform approach for recovering costs from federal departments and investigative agencies for prosecutions of regulatory offences.

Workforce issues: The first collective agreement for lawyers in the federal public service was entered into in 2009-10. The PPSC made the necessary adjustments in order to effect a smooth transition to a unionized environment for prosecutors.

Competition for scarce human resources: Some regional offices continued to face recruitment and retention challenges in 2010-11 due to the fact that the salaries paid to provincial prosecutors exceed those paid to PPSC lawyers. The PPSC undertook focused recruitment efforts, as well as post-secondary recruitment activities to promote the PPSC as an employer of choice. It launched recruitment strategies focused on prosecutor positions, primarily in the North. The campaigns were successful, in identifying both candidates for appointment as well as a pool of candidates which can be used for future staffing needs.

Security and business continuity: Due to the nature of their work, PPSC employees may be exposed to threats and intimidation. The PPSC is establishing an Employee Protection Program to help prevent and respond to threats and incidents of intimidation against employees. In addition, Business Continuity Plans have been developed for each office to ensure the continued delivery of services in the event of a disruption of operations as a result of an emergency.

Summary of Performance


2010-11 Financial Resources ($ millions)
Planned Spending Total Authorities Actual Spending
172.7 172.9 146.3

2010-11 Human Resources (full-time equivalents—FTEs)
Planned Actual Difference
940 876 64

Program Activity 2009–10 Actual Spending ($ millions) 2010–116 ($ millions) Alignment to Government of Canada Outcome
Main Estimates Planned Spending Total Authorities Actual Spending
Program Activity #1: Drug, Criminal Code, and terrorism prosecution program 108.1 118.9 130.2 130.5 111.9 Social Affairs: A Safe and Secure Canada
Program Activity #2: Regulatory offences and economic crime prosecution program 17.8 16.4 17.3 17.3 13.1
Program Activity #3: Internal Services 21.1 23.6 25.2 25.1 21.3
Total 147.0 158.9 172.7 172.9 146.3  

Expenditure Profile

Spending Trend

Spending Trend graph

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The significant changes are as follows:

  • The main increases in the planned spending for 2011-12 from the previous years’ actual spending are related to additional funding for the relocation of offices, higher estimated amounts for employee benefit plans, and the carry forward amount under the operating budget regime.
  • The decrease in planned spending for 2012-13 is mainly due to the loss of temporary funding for the relocation of offices and the carry-forward amount.

Estimates by Vote

For information on the PPSC’s organizational votes and statutory expenditures, please see Public Accounts of Canada 2010 (Volume II). An electronic version of the Public Accounts is available on the Public Works and Government Services Canada website7.