Appendix C1 - Benchmark Index by Function - Policy and Planning

Executive Group Benchmark - Number: 10-I-1

POSITION TITLE: Assistant Deputy Minister, Policy

GENERAL ACCOUNTABILITY

Is accountable for the development of strategic, innovative and responsive policy to guide the Department in its leadership role in the Canadian justice system; conducting extensive federal-provincial consultations; negotiating and managing major cost-sharing programs with provincial and territorial governments; and directing the Department's legislative agenda concerning criminal, family and public law in Canada.

ORGANIZATION STRUCTURE

This is 1 of 19 positions at the first level reporting to the Deputy Minister. The others are Assistant Deputy Minister, Civil Law and Corporate Management; Assistant Deputy Minister, Legal Operations Sector; Assistant Deputy Minister, Industry Canada; Assistant Deputy Minister, Business and Regulatory Law; Assistant Deputy Minister, Constitutional Affairs; Assistant Deputy Minister, Corporate Services; Assistant Deputy Minister, Integration; 4 Assistant Deputy Attorneys General; 6 Regional Directors; and the Director General, Communications.

Specific responsibilities of the positions reporting directly to the Assistant Deputy Minister, Policy, are as follows:

Director General, Criminal Law Policy, (staff of 28) develops and implements proposals, policies, strategies and programs on criminal justice issues, and directs the amendment of criminal law statutes, including the Criminal Code, the Young Offenders Act, the Extradition Act and the Canada Evidence Act.

Director General, Programs, (staff of 45) provides national strategic direction to ensure the successful planning, development and integration of policy required for the delivery of numerous and diverse programs, including the Young Offenders Program, the Public Legal Education and Information Program, the Native Courtworkers Program, and the Legal Aid Program; administers several grants and contributions programs; and negotiates cooperative initiatives and unique cost-sharing agreements with provinces, territories and non-governmental organizations to address economic and cultural imbalances in the delivery of programs.

Director General, Policy Integration and Coordination, (staff of 60) coordinates the development and implementation of research initiatives, planning frameworks and strategic approaches designed to direct the implementation of corporate policies and initiatives related to enhancing cooperation and interaction between the various levels of government and non-governmental organizations with respect to the administration of justice in Canada.

Senior General Counsel, Public Law Policy, (staff of 16) supports the ADM in relation to public policy issues by leading studies and analyses and advising on key public policy matters related to judicial affairs and on specific public policy files.

General Counsel, Family, Children and Youth, (staff of 15) leads the development of research projects and analyses, as well as departmental policies related to family and youth law policy, which impact on family law, young offenders, family violence and child abuse, protection of life, and reproductive technology.

Team Leader, Child Support Initiative, (staff of 40) evaluates and monitors the effectiveness of existing child support programs; drafts legislation, regulations and national policies; consults with the provincial and territorial governments; and guides the implementation of federal government child support programs and initiatives.

NATURE AND SCOPE

The Department supports the administration of justice in Canada by providing legal services to the Government of Canada, in conformity with the law and the public interest, including providing legal advice, conducting litigation, drafting legislation, and developing and implementing national law programs. The Department has a lead role in criminal justice policy and law, human rights policy and law, family and youth policy and law, administrative law, and administrative policy pertaining to courts and judges. The Department also administers grants and contributions programs and provides services to the public.

In this context, the Assistant Deputy Minister has three major areas of responsibility: policy related to substantive legal matters concerning family, criminal and public law; the integration of the policy function in the Department, including policy support, research, agenda management, priority setting, evaluation and federal-provincial relations; and the direction of major cost-sharing programs with the provinces/territories that administer the laws.

The incumbent provides the creative and intellectual focal point to ensure the development of long- and short-term departmental policy agendas by identifying, prioritizing and integrating legal-based issues of concern to society at large. Meeting this responsibility requires a broad understanding of both legal and social issues, coupled with the ability to conceptualize innovative approaches to resolving legal and social problems.

A major challenge is to develop and maintain effective linkages between justice issues and broader Canadian social and economic realities. Further challenges occur in managing relations and setting the policy agenda for negotiations with the provincial and territorial governments within the unique environment in which the federal government makes the laws (e.g. Criminal Code, Divorce Act) that are administered by the provinces and territories. The incumbent develops communications strategies and conducts extensive consultations and negotiations with other federal government departments, provincial and territorial governments, professional associations and non-governmental organizations concerned with justice issues in Canada.

A further challenge facing the ADM is to direct a number of programs related to direct services provided by the Department, including the administration of grants and contributions programs. The incumbent negotiates cooperative initiatives and agreements to involve non-governmental organizations and the provinces and territories in a nationally consistent and equitable approach to services, and administers a number of diverse departmental programs, such as the Young Offenders Program, the Legal Aid Program, the Child Support Initiative, the Public Legal Education and Information Program and the Native Courtworkers Program.

The ADM represents the Department at various central agencies, at Cabinet, and at parliamentary committees and other fora concerned with the development of the Department's policies, legislation and future strategic directions. As a member of the Department's Executive Committee and Chair of the Department's Policy Committee, the incumbent is accountable for providing authoritative advice to the Deputy Minister, the Minister and the Cabinet on the establishment of the Department's policies and related legislation and regulations.

DIMENSIONS (Constant Dollars)

FTEs:	210
Operating budget:	$5.6 million
Grants and contributions:	$63 million

SPECIFIC ACCOUNTABILITIES

1. Provides corporate leadership in the development of departmental policies, strategies and legislation to ensure the effective administration of criminal, family and public laws in Canada.
2. Advises the DM and the Minister to ensure professional support during Cabinet and parliamentary consideration of departmental policies and proposals concerning the administration of justice in Canada.
3. Directs the Department's medium-term legislative agenda to ensure the effective implementation of new legislation that responds to the evolving nature of the administration of justice in Canada.
4. Establishes effective intergovernmental partnerships, and guides the negotiation of major federal-provincial/territorial agreements related to the administration of justice in Canada in order to ensure the effective management of cost-sharing programs and agreements.
5. Ensures the integration of all Branch policy support services, including the research and analysis of legal, social and economic factors in Canadian society, to ensure a comprehensive and integrated approach to policy development in the Department.
6. Directs the administration of departmental programs, including grants and contributions, federal-provincial/territorial assistance programs and federal Public Service programs to ensure the professional management of the Department's assistance programs.

EVALUATION RATIONALE

Assistant Deputy Minister, Policy

KNOW-HOW

G	Mastery of concepts, techniques, processes and theories in the field of the Canadian justice system related to the requirement for changes in criminal, family and public law; in-depth knowledge of the interrelationships between the Department's programs and other government-related programs; in-depth knowledge of law associations, the provincial and territorial governments, non-governmental organizations and the Canadian public's concerns, to ensure that policies are developed in a responsive manner.
IV	Directs the Department's legislative agenda concerning criminal, family and public law in Canada; manages and coordinates long-range objectives, strategies and policies to ensure policy linkages; initiates policy and legislative change with other levels of government and the private sector; and manages programs related to the direct services provided by the Department.
3	Successful achievement of objectives requires the incumbent to advise the Deputy Minister and the Minister on strategic directions and to convince officials in other levels of government, peers and senior officials to adopt appropriate courses of action.
1056	High number reflects the depth of specialized expertise and the leadership skill required to develop Canadian policy frameworks for laws that are administered provincially and territorially.

PROBLEM SOLVING / THINKING

G	Thinking within the broad government and Department agenda and broadly defined concepts to recognize and reconcile divergent points of view, manages the development of innovative and responsive policies to guide the Department in its leadership role in the Canadian justice system.
4	Significant analytical and constructive thinking is required to manage the development of national policy, and to integrate the issues of concern within the justice system with the concerns of Canadian society at large.
(66) 700	Higher percentage represents the challenges associated with envisioning and implementing national policies that are consistent and equitable, while considering divergent points of view across government and Canadian society.

ACCOUNTABILITY / DECISION MAKING

G	Reporting to the Deputy Minister, the position ensures that the Department has a coherent policy direction in criminal, family and public law for the administration of justice in Canada.
3P	The position has a primary impact on all activities undertaken by the Branch. The proxy used to represent these activities is a budget of $5.6 million (constant).
700	High number reflects the strong influence of the position regarding the direction taken by the government with respect to the evolving nature of legal matters in Canada.

SUMMARY

GIV3

1056

G4(66)

700

G3P

700

=

2456

0

ASSISTANT DEPUTY MINISTER
POLICY
NUMBER: 10 - I - 1