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ARCHIVED - RPP 2007-2008
Department of Justice Canada

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The Honourable Robert Douglas Nicholson
Minister of Justice and Attorney General of Canada





SECTION I – OVERVIEW

SECTION II – ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

SECTION III – SUPPLEMENTARY INFORMATION

SECTION IV – OTHER ITEMS OF INTEREST

 




SECTION I – OVERVIEW

Message from the Minister of Justice

Robert Douglas PhotoThe Department of Justice plays an important and unique role in the federal government and in Canada's justice system. Over the past year, the Department has focused much attention and energy on tackling crime—one of the Government's five priorities. In the coming fiscal year, we will build on this progress and work toward a justice system that is more accountable, effective, accessible, and responsive.

More recently, with the passage of the Federal Accountability Act, the Government has taken a major step toward making public administration more open and transparent, as well as more accessible.

One key element of the new Act was the creation of the Public Prosecution Service of Canada (PPSC). The PPSC will have independence to pursue prosecutions under federal law and will report to Canadians on its performance. It is important for transparency and for the integrity of the federal justice system that prosecutions under federal law operate independently of the Attorney General of Canada and of the political process. The establishment of the PPSC will have a direct impact on the Department of Justice and its work. While some details will need to be addressed during the transition, the Department will continue to support me in working to ensure that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice while providing high-quality legal services and counsel to the government and to client departments and agencies as well as promoting respect for rights and freedoms, the law and the Constitution.

We will also continue to work closely with our colleagues throughout the justice system to ensure an efficient system. In this regard, the Department has begun reviewing recommendations from the Steering Committee on Justice Efficiencies and Access to the Justice System. The Committee is composed of six Deputy Ministers of Justice from the federal and provincial levels, six representatives of the Judiciary and three members of the private bar. The Committees recommendations touch on issues such as mega-trials, and early case consideration among others.

An effective justice system has to be responsive to the concerns of the public. For example, most recently, the Government has introduced several initiatives to enable victims to be better heard within the system, and further ideas will be explored in the coming year, including the establishment of a Federal Ombudsman for Victims of Crime.

In the same way, we will continue to respond to the public's concerns by pursuing our mandate of tackling crime. Legislation to deal with the reckless and dangerous practice of street racing is now in force. The Department will continue to provide support for legislation already brought forward on a number of issues: conditional sentencing, mandatory minimum penalties for serious gun crime, DNA identification, raising the age of protection, reforming bail provisions for offences involving firearms, strengthening laws against drug- and alcohol-impaired driving, and strengthening sentencing for dangerous offenders. In addition, more work will be done toward developing a new national drug strategy.

At the departmental level, work will continue on issues such as sustainable funding for legal services, managing the volume of litigation, legal risk management, performance measurement, and developing the skills and knowledge of our workforce.

My Department has been fortunate to have the cooperation and support of many partners, including other departments and levels of government, the bench and the bar, the police, and others involved in the courts and the law enforcement community. I look forward to working together over the coming year to address these challenges and improve the justice system in Canada.

 

Robert Douglas Nicholson
Minister of Justice and Attorney General of Canada

 

Message from the Deputy Minister

John Sims PhotoThe Department of Justice strives for excellence in the practice of law. It is a leader in Canada and internationally and at the forefront of legal issues that are relevant to the daily lives of Canadians. The Department helps the federal government to develop policy and to draft and reform laws as needed so that priorities and key commitments are realized to the benefit of all Canadians. In support of the Minister and the Government, the Department will focus on three priorities over the next fiscal year:

  • An effective and accessible justice system;
  • Protecting Canadian communities; and
  • Supporting other government departments and agencies in achieving Government of Canada priorities.

Another key area of focus over the next year will be the continued management of the transition of approximately fourteen percent of DOJ employees to the Public Prosecution Service of Canada (PPSC). The realization of this key Government commitment, an important element of the Federal Accountability Act, came into force on December 12th, 2006.

On the corporate management side, as Deputy Minister of Justice and Deputy Attorney General, I have been committed to bringing increased discipline and rigour to our management policies and processes that support the Minister of Justice and Attorney General of Canada and more broadly that enable the Government of Canada to pursue its policy and program agenda. In this vein, I am pleased at the progress of the Department in cementing good management practices in line with the government's Management Accountability Framework (MAF). The MAF establishes the standards for management in the Government of Canada and is the basis for management accountability between departments/agencies and the Treasury Board Secretariat (TBS) and the Public Service Human Resources Management Agency (PSHRMAC). The 10 elements of the MAF collectively define "management" and establish the expectations for good management of a department or agency. In response to the recently completed MAF assessment of the Department, I am committed to maintaining our high ratings over the next year while focussing on the few areas that TBS has identified as areas with opportunity for improvement.

Other corporate priorities include building our performance management capacity. As an example, we will build on our progress in collecting and reporting on stakeholder feedback on the utility, timeliness and responsiveness of the full range of legal services that we provide to the Government of Canada. The results of this year's activities will serve as baselines against which we can monitor and assess our performance.

We will also continue our work in the area of legal risk management, that is, to ensure that legal risk across the federal government is anticipated, mitigated and effectively managed. As well, we will be implementing the new sustainable funding regime for the delivery of legal services.

The priorities and planned spending presented in this report reflect the Department of Justice's efforts to support the delivery of the Government's agenda.

 

Management Representation Statement

I submit for tabling in Parliament, the 2007-2008 Report on Plans and Priorities for the Department of Justice Canada.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2007-2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

  • It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
  • It is based on the Department's Strategic Outcome(s) and Program Activity Architecture that were approved by the Treasury Board;
  • It presents consistent, comprehensive, balanced and reliable information;
  • It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
  • It reports finances based on approved planned spending numbers from the Treasury Board Secretariat in the RPP.

 

John H. Sims
Deputy Minister of Justice and Deputy Attorney General of Canada

 

Summary Information

Raison d'Ítre
The justice system defines and prescribes the balance between collective and individual rights and responsibilities that ensure a well-ordered society. As such it affects almost every facet of Canadians' daily lives from guiding everyday activities that ensure our safety to supporting social policies and social benefits, regulating our economy, and offering ways to resolve disputes peacefully where there are disagreements or conflicts between people, organizations, and/or governments.

Maintaining a system that serves all Canadians is a central focus for the Department of Justice (DOJ), which strives to ensure that the system remains fair, accessible and efficient as it evolves in response to social change.

Role of the Department
The Department of Justice is headed by the Minister of Justice and the Attorney General of Canada. The responsibilities of the Minister and the Attorney General are set out in the Department of Justice Act and 47 other Acts of Parliament. The Department of Justice fulfills three distinctive roles within the Government of Canada, acting as a:

  • policy department with broad responsibilities for overseeing all matters relating to the administration of justice that fall within the federal domain;
  • provider of a range of legal advisory, litigation and legislative services to government departments and agencies; and
  • central agency responsible for supporting the Minister in advising Cabinet on all legal matters including the constitutionality of government activities.

Mission
The Department's mission is to:

  • Support the Minister of Justice in working to ensure that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice;
  • Provide high-quality legal services and counsel to the government and to client departments and agencies; and
  • Promote respect for rights and freedoms, the law and the Constitution.

Benefits to Canadians
The Department of Justice plays an important role in supporting the Government's priority of protecting Canadian families and communities. Furthermore, the Department is a Federal Organization that supports all of the Government of Canada's priorities through its provision of legal services to other departments and agencies.


Departmental Planned Spending: Summary Resources


Financial Resources ($ millions)
2007-2008
2008-2009
2009-2010
717.7
693.3
685.4


Human Resources (in Full-time Equivalents or FTEs)
2007-2008
2008-2009
2009-2010
4,140
4,150
4,150


Departmental Priorities


Name
Type
1. Effective and accessible justice system
On-going
2. Protecting Canadian communities
On-going
3. Supporting other government departments and agencies in achieving Government of Canada priorities
On-going


Program Activities by Strategic Outcome


 
Planned Spending
 
($ millions)
2007–2008
2008–2009
2009–2010
Contributes to the following priority
Strategic Outcome I: A Fair, relevant and accessible justice system that reflects Canadian values

A.1 Developing policies and laws:

Results: Policies and Laws are developed in response to identified needs and gaps and are integrated with Government priorities and commitments

44.2
38.7
38.6
Priority No. 1 and 2

A.2 Developing and implementing programs:

Results: Programs are developed and implemented in response to identified needs and gaps and are integrated with Government priorities and commitments

385.5
369.2
368.8
Priority No. 1
A.3 Office of the Federal Ombudsman for Victims of Crime
1.5
1.5
1.5
Priority No. 1
Total – Strategic Outcome 1
431.2
409.4
408.4
 
Strategic Outcome II: A federal government that is supported by effective and responsive legal services1

B.1 Providing legal advisory, litigation and legislative services to government

Results: High quality legal services and respect for the rule of law; legal risk is anticipated, mitigated and effectively managed

286.5
283.8
276.5
Priority No. 3
Total – Strategic Outcome 2
286.5
283.8
276.5
 
Total Planned Spending
717.7
693.3
685.4
 

 


2007-2008 Resources by Program Activity
 
2007-2008
Budgetary
Adjustments
Total Planned Spending
($ millions)
Operating
Grants & Contributions
Total Main Estimates
Strategic Outcome 1: A fair, relevant and accessible justice system that reflects Canadian values
Developing policies and laws
41.1
0.0
41.1
3.1
44.2
Developing and Implementing Programs
7.0
266.4
273.4
112.1
385.5
Office of the Federal Ombudsman for Victims of Crime
0.0
0.0
0.0
1.5
0.0
Strategic Outcome 2: A federal government that is supported by effective and responsive legal services
Providing legal advisory, litigation and legislative services to government
281.2
0.0
281.2
5.3
286.5
Total Planned Spending
329.3
266.4
595.7
122.0
717.7

1 Previous reports listed Program Activity B.2. Providing Prosecution Services which is now the responsibility of the Public Prosecution Service of Canada.

 

2007-2008 Planned Spending by Strategic Outcome

Planned Spending Chart

 

2007-2008 Planned Spending by Program Activity

Planned Spending by Activity

*1.5 million $ of the Departemnt's reference level is allocated to the program activity. "Office of the Federal Ombudsman for Victims of Crime"(.01%).

 

Operating environment

The Department of Justice has approximately 4100 employees. While roughly one half of departmental staff are lawyers, there are a number of other professionals in the Department including paralegals, social scientists, program managers, communications specialists, administrative services personnel, computer services professionals and financial officers. In addition to a national headquarters and a network of legal services units located in departments and agencies throughout the National Capital Region, the Department provides services across the country through a network of regional offices and sub-offices. A little less than half of all departmental staff are located in the regional offices and sub-offices.

The Department has two types of expenditures: operating expenditures and transfer payments. Approximately 47 percent of the Department's spending is for operating expenditures. The operating expenditures are predominantly devoted to staff and related costs (salary, training, office equipment, etc.). About 85 percent of operating expenditures (or 40 percent of total planned spending) is devoted to the delivery of integrated advisory, litigation and legislative legal services to client departments and agencies. A significant portion of the operating expenditures incurred in delivering legal services (about 64 percent) is recovered from client departments and agencies. This represents approximately 25 percent of the Department's total expenditures.

The Department of Justice underwent a significant organizational change during fiscal year 2006-07 as a result of the creation of the PPSC. The establishment of this new organization was one of the key promises of the Government under the auspices of the Federal Accountability Act. In order to address the requirements of the Director of Public Prosecutions Act, with few exceptions, all employees of Federal Prosecution Service (FPS) became employees of the PPSC as of December 12th, 2006 and the result that the number of Department of Justice employees has been reduced by approximately 14 percent. The creation of the PPSC has had a significant impact on the operations of the regional offices. For example, the number of DOJ staff in regional offices has been reduced by 25 percent. In addition, the Northern Regional office faces particular challenges in dealing with the transfer of employees to the PPSC. They will be focussing on building partnerships with other federal departments with a northern presence, to optimize resource use through common services agreements.


Participatory justice: working with partners

We work with others in the justice system, including nongovernmental and community-based organizations to generate innovative, cost-effective ways of delivering services that improve access to the justice system including access to justice in both official languages. and keep it relevant and responsive in a diverse society. Similarly, we work with federal departments and agencies in areas such as safety and security and Aboriginal justice to help achieve overarching Government of Canada strategic outcomes. At the same time, we are managing a fine balance between priorities and diverse responsibilities. Some of our key partners include:

  • Canadian public, including non-governmental and community-based organizations;
  • Parliamentarians;
  • The judiciary, the Bar and the research community;
  • La Chambre des notaires du Quťbec;
  • Law faculties;
  • Approximately 50 federal departments and agencies (while the Department refers to federal departments and agencies as "clients" for ease of understanding, it is important to note that all work is done on behalf of the Crown, not a specific branch of the Government of Canada);
  • Provinces and Territories with which the Department has shared jurisdiction over the legal system and to which funds are transferred for youth justice, legal aid and other programs; and
  • Foreign governments and international organizations, directly and in conjunction with Foreign Affairs Canada.

 




SECTION II – ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOMES

Strategic Outcome I: A fair, relevant and accessible justice system that reflects Canadian values

Expected results2:

  • Responding to evolving legal framework;
  • Policies and laws are developed in response to identified needs and gaps and are integrated with Government priorities and commitments; and
  • Programs are developed and implemented in response to identified needs and gaps and are integrated with Government priorities and commitments.

Program activities in support of the strategic outcome:

A1 - Developing policies and laws


Financial resources ($ millions)
2007-2008
2008-2009
2009-2010
44.2
38.7
38.6
Human Resources (in Full-time Equivalents)
219
221
221

A2 - Developing and implementing programs


Financial resources ($ millions)
2007-2008
2008-2009
2009-2010
385.5
369.2
368.8
Human Resources (in Full-time Equivalents)
144
144
144

A3 - Office of Victims Ombudsman


Financial resources ($ millions)
2007-2008
2008-2009
2009-2010
1.5
1.5
1.5
Human Resources (in Full-time Equivalents)3
9
9
9

2 Results from individual program and initiative areas are aggregated to demonstrate performance against expected results for Strategic Outcome I.
3 The resources numbers include the percentage of costs of common services apportioned to each program activity.

 

Part A: Strategic overview – Delivering on priorities

Priority I – Protecting Canadian communities:

Canadians rely on the justice system to provide an independent and impartial forum for resolving disputes. To serve Canadians in all our diversity, the system must be fair, relevant and accessible. The administration of justice is an area of shared jurisdiction with the provinces and territories. Within this structure, the Department is responsible for developing policies and legislation to strengthen our bilingual and bijural national legal framework. The provinces in turn are responsible for the day-to-day administration of justice. The Department works with others in the justice system to make sure it reflects our shared values by treating everyone equitably and respecting their rights and the diversity of our civil and common law traditions.

The effectiveness of the administration of justice depends on close cooperation with provinces and territories, both in policy development and in allocating the cost of providing services to Canadians — youth justice services, legal aid, public legal education and information, family justice, the access to justice in both official languages and other programs to improve or maintain access to the justice system. For the most part, the Department does not deliver programs and services directly to the Canadian public4. Instead, it provides funding to assist the provinces and territories in delivering justice-related programs that fall within their areas of constitutional jurisdiction. In this context, transfer payments to provinces, territories and community-based organizations represent approximately 53 percent of the Department's total spending. Most of this funding (about 69 percent of the transfer payments or 36 percent of the total planned spending) is for two large contribution programs to support citizen access to provincial and territorial legal aid programs and to support youth justice services administered by the provinces and territories. Additionally, the Department provides a range of smaller grants and contributions to provinces, territories and community organizations, including official language minority communities, to support the delivery or testing of new approaches to justice-related programs and services.

An effective justice system is one that is responsive. In this vein, the application of international law to domestic law has assumed a huge presence on the Canadian legal landscape, and several themes emanating from the Speech from the Throne signal the continued importance of international law issues: strengthen our federation as well as our role in the world; open federalism; facilitate provincial participation in the development of Canadian positions that affect areas of provincial responsibility; and build stronger multilateral and bilateral relationships.

4 Services that are delivered directly to the Canadian public are as follows: processing of access requests filed under the Access to Information Act, the Family Orders and Agreements Enforcement Assistance services, Central Registry of Divorce Proceedings services, and the Garnishment, Attachment and Pension Diversion Registry service.

Figure 1 below illustrates the planned activities for 2007-08 in support of this priority.

Figure 1


Public Law:

  • Assess the impact of international human rights instruments on domestic legislation policy, and assist in the negotiation and development of Canada's position on the signature and ratification of new international human rights instruments;
  • Consult with provinces on the development of Canadian positions that affect areas of provincial responsibility, and negotiating international private law instruments; and
  • Identify Canada's international trade and investment law rights and obligations, assess their impact on domestic law and policies, and implement the Government's ambitious negotiation mandate vis a vis international trade and investment.

Legal Aid:

  • Support work of federal-provincial-territorial (FPT) committees and working groups in relation to legal aid issues, such as legal aid cost sharing, reporting and court-ordered counsel;
  • Renew and implement agreements respecting legal aid with the provinces and territories; and
  • Undertake two audits of Legal Aid funding agreements.

Family Justice:

  • Continue to collaborate with provinces and territories as well as international partners to develop appropriate policy and program tools for the family justice system, including renewal of the current strategy; and
  • Support provinces and territories in the delivery of family justice services through the negotiation of agreements under the Child-Centred Family Justice Fund.

Aboriginal Justice:

  • Implement a renewed Aboriginal Justice Strategy that involves consulting with and negotiating agreements with provinces, territories, Aboriginal communities and organizations; and
  • Renew Aboriginal Courtwork Program terms and conditions, negotiate new funding arrangements to support Aboriginal Courtwork services in participating provinces and undertake a summative evaluation of the Program.

Youth Justice:

  • Analyse and develop options for legislative reform to strengthen the Youth Criminal Justice Act (YCJA), specifically by reviewing pre-trial detention law, policies and evaluation of the YCJA; and
  • Negotiate new funding arrangements with provinces and territories for the Intensive Rehabilitative Custody and Supervision (IRCS) Program.

Victims of Crime:

  • Continue to implement existing programs such as the Victims Fund;
  • Support the development and enhancement of support and services to victims of crime through the Victims Fund;
  • Continue to work with the FPT Working Group on Victims of Crime and other partners to identify and respond to existing and emerging victim issues;
  • Establish new policies and programs within federal jurisdiction to increase access to the justice system and victim services for victims;
  • Formative evaluation of the Federal Victim Strategy*;  and
  • Establish Office of Federal Ombudsman for Victims of Crime in order to support:
    • raising awareness of the needs and concerns of victims in areas of federal responsibility;
    • providing an independent resource that addresses complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act that apply to victims of offenders under federal supervision; and
    • assisting victims to access existing federal programs and services.

Access to Justice in Both Official Language

  • Improve the implementation of the language provisions of the Criminal Code (sections 530 et al.); and
  • Improve the active offer of legal and judicial services in both official languages.

* Previously referred to as the Victims of Crime Initiative

Priority II – Protecting Canadian communities:

Protecting Canadian families and communities is a cornerstone of the Government's justice agenda and thus, a key priority for the Department. The initiatives put forward in the last few months—criminal legislative reforms, plans for effective gun control, and investments in safety and security—will help strengthen the justice system and make it more effective.

In supporting the priority of protecting Canadian communities, through the development of policies and laws, the development and implementation of programs and supporting rigorous evaluation requirements, the department is committed to delivering results to Canadians as illustrated in the box below in Figure 2.

Figure 2


International:
  • Negotiation of international criminal law and criminal justice instruments;
  • Implementation of commitments flowing from international criminal law and criminal justice instruments, e.g. terrorism, corruption and transnational organized crime; and
  • Reporting on Canadian implementation efforts and evaluating the implementation efforts of other countries.

Safety and security:

  • Participation in Government of Canada activities in support of safety and security, e.g. the coordination of the preparation of the Government response to Parliamentary recommendations on the Anti-terrorism Act;
  • Summative evaluation for the DoJ component of the Public Safety and Anti-Terrorism Initiative;
  • Updating federal legislation, in particular the Criminal Code, in order to deal with the challenges of new telecommunications technologies, including the Internet; and
  • Developing legislation that provides more effective sentences for serious offences.

Youth Justice:

  • Implementation of a new Youth Crime Prevention Strategy with a focus on gangs, guns and drugs.

 

Part B: How we will measure our performance under this strategic outcome:

The Department approaches performance measurement from two interrelated perspectives5. First, there are those measures that are aimed at tracking performance of activities and outputs over which the Department has direct control and is directly accountable. Workload indicators such as files opened and closed, hours logged, etc, are examples of these types of measures.

The second level of measures relate to the results of our activities over which we exercise influence. That is to say that while we cannot control the results of the activities, we do have some level of influence over the extent to which the results can be achieved. However, there are other identifiable groups who also either have influence or control over those results. Consequently, accountability for those results is shared. By way of illustration, two examples of this type of measure are the number of people receiving assistance from provincial legal aid programs, and client feedback on the timeliness, utility and responsiveness of legal services provided by the Department of Justice.

In a similar vein, the Department monitors broader societal trends over which it may exert some level of influence. Examples of such trends which the Department is tracking include:

  • Victimization rates
  • Incarceration rates
  • Crime rates
  • Overall confidence in the justice system6

The Department is interested in measures related to both control and influence. Our interest in the first type of performance measures is aligned with our direct accountabilities, i.e. effective stewardship of Government resources. Our interest in the second type (i.e., results over which we have at best some level of shared accountability with others), revolves around our desire to identify areas where we may want to try to enhance the level of influence we can bring to bear through a variety of management actions, or alternatively, to identify areas where we are apparently unable to exercise influence and thus possibly rethink our continued involvement.

The Department also undertakes periodic evaluations in order to determine the extent to which programs, policies and initiatives are relevant, operating effectively and achieving anticipated impacts. For a listing of evaluations which will be initiated or completed during fiscal year 2007-2008, please refer to Table 9, Section III – Supplementary Information, of this report.

In Figure 3, the reader will find a listing of the results the Department will be tracking in support of the achievement of the two priorities for the fiscal year 2007-20087.

Figure 3


Priority I: Effective and accessible justice system
Expected Results
Data Sources
The justice system is more responsive to the needs of Aboriginal people
Departmental Files – Annually

More effective criminal law, responsive to theneeds and values of Canadians and consistent with the Charter

Departmental Files – Annually
Encourage effective rehabilitation and reintegration of young persons in their communities
Canadian Centre for Justice Statistics – Annually
Alternative youth justice approaches are developed and used by the youth justice system
Departmental Files – Annually
Increased access by victims to the criminal justice system and to programs/services and assistance available to them
Departmental Files – Annually Evaluation studies – 3-5 years
Justice system is more responsive to the needs of children and families undergoing separation and divorce
Departmental Files – Annually Evaluation studies – 3-5 years
Increased use of family justice services by parents and children
Departmental Files – Annually
Justice system more accessible to official language minority communities
Feedback from partners – Annually Evaluation study – 5 years
Justice system is accessible to economically disadvantaged Canadians involved in serious legal matters
Departmental Files – Annually Canadian Centre for Justice Statistics – Annually
Legal aid services provided to economically disadvantaged persons in serious criminal matters
Departmental Files – Annually Canadian Centre for Justice Statistics – Annually


Priority II: Protecting Canadian communities
Expected Results
Data Sources
Reduced victimization of children and vulnerable groups Departmental Files – Annually General Social Survey, Statistics Canada – Every 5 years
Reduced victimization, crime and incarceration among Aboriginal communities Feedback from Partners – Annually Canadian Centre for Justice Statistics – Annually

5 Concepts of control and influence as reflected in this sectionwere adapted from material developed by Principals at the Performance Management Network http://soc.kuleuven.be/pol/io/egpa/qual/ljubljana/Valovirta%20Uusikila_paper.pdf. For further reading on this subject, the reader is directed to the following sites: DISCUSSION PAPER: Addressing Attribution Through Contribution Analysis: Using Performance Measures Sensibly, John Mayne, Office of the Auditor General of Canada, 1999, http://www.oag-bvg.gc.ca/domino/other.nsf/html/99menu5e.html#discussion.

6 If the reader is interested in detailed analysis of these types of trends, they are invited to visit the Statistics Canada website where the rigorous results of many studies, including the General Social Survey provide in-depth analysis of social factors, including crime and victimization rates (http://cansim2.statcan.ca/cgi-win/cnsmcgi.pgm?Lang=E&ResultTemplate=Srch2&CORCmd=GetTList&CORId=2693). As well, the reader is directed to the TBS website which includes "Canada's Performance" report, which tracks high level societal indicators (http://www.tbs-sct.gc.ca/report/govrev/06/cp-rc-eng.asp).

7 For detailed information regarding spending for the Transfer Payment Programs, please refer to Table 6. Details on Transfer Payments Programs in Section III — Supplementary Information of this document. More details are also available on the TBS website TPP database at (http://www.tbs-sct.gc.ca/rpp/2007-2008/menu-fra.asp).

 

Strategic Outcome II: A federal government that is supported by effective and responsive legal services

Expected Results8:

  • High quality legal services and respect for the rule of law; and
  • Legal risk is anticipated, mitigated and effectively managed

Program Activities in support of strategic outcome:

B 1 - Providing legal advisory, litigation and legislative services to government


Financial resources ($ millions)
2007-2008
2008-2009
2009-2010
286.5
283.8
276.5


Human Resources (in Full-time Equivalents)
2007-2008
2008-2009
2009-2010
3768
3776
3776

8 Results from the indicators listed in Part B are aggregated to demonstrate performance against expected results for Strategic Outcome II.

The resources numbers include the percentage of costs of common services apportioned to each program activity

 

Part A: Strategic overview – Delivering on priorities

Priority III – Supporting other government departments and agencies in achieving Government of Canada priorities

Under the Department of Justice Act, the Minister of Justice and Attorney General provides legal services to the federal government and its departments and agencies, including the provision of legal advice, the conduct of litigation, the drafting of legislation and the preparation of legal documents.

The Department of Justice is one of a number of key federal organizations that support all Government of Canada outcomes by providing common services to government departments and agencies9 and as such, the Department's priority is to help Government achieve its priorities in delivering results for Canadians.

Facilitating departments and agencies in the delivery of government priorities creates a distinct context for planning, setting priorities and measuring performance. The Department works with our clients to develop and advance their priorities, providing legal services that are responsive, timely and effective. Excellence in service delivery is critical, especially in the context of the consistent growth in both the complexity and the demand for legal services. This factor, viewed as a challenge across government, is felt acutely both by the Department of Justice and by the departments and agencies to whom we provide services. Some of the drivers for this demand include the growth of class action proceedings against the Crown and the ongoing rapid development of international and aboriginal law.

The elements below concretely illustrate how we carry out our on-going work while ensuring that we have the capacity and flexibility to react to a changing environment and government agenda.

How we are organized to support the work under this strategic outcome

Portfolios:

There are five portfolio organizations that have functional responsibility for and provide leadership with respect to all litigation and advisory services that the Department provides to client departments and agencies. Their goal is to provide high-quality and cost-efficient legal services to their clients while also carrying out their central agency responsibilities for Justice. The portfolios are Aboriginal Affairs; Tax Law; Citizenship, Immigration and Public Safety (which serves the RCMP, CSIS, Correctional Services, National Parole Board and Canada Border Services Agency); Central Agencies (serving the Department of Finance, the Treasury Board and the Public Service Commission, among others); and Business and Regulatory Law (serving 23 government clients, ranging from Health Canada to the Competition Bureau), and the Justice Portfolio. The portfolio organizations work to ensure the national consistency of positions on important points of law, and in the policies and practices developed across the federal government.

Within the portfolio organizations, a significant proportion of the Department's counsel are assigned to departmental legal services units (DLSUs), which are co-located with client departments and agencies and in six regions. LSUs provide legal advice to their clients with respect to their powers and duties, and ensure that the conduct of their affairs are in accordance with the law. In doing so, LSUs also provide advice with respect to the statutes and regulations that apply to the Government of Canada, and strategic advice concerning policy development and other initiatives.10

9 See "Canada's Performance 2006: The Government of Canada's Contribution – Annual Report to Parliament", http://www.tbs-sct.gc.ca/report/govrev/06/cp-rc-eng.asp.

Regional Offices:

Six regional offices—serving the North, British Columbia, the Prairies, Ontario, Quebec, and the Atlantic provinces—support the portfolio structure by serving clients and handling litigation and legal advisory work locally. About half the Department's staff work in regional offices.

Regional staff are responsible for effectively managing a large volume of litigation and advisory services on behalf of client departments. They work closely with their portfolio and policy colleagues to handle complex, high-profile cases. The creation of the Public Prosecution Service of Canada (PPSC) has a significant impact on the way work is carried out in the regions. All regional offices will be supporting the transfer of staff, and other logistical and operational changes that are effective April 1st, 2007.

Staff at regional offices, along with those at headquarters in Ottawa, form the national network of Justice counsel who serve as the Government's law firm. Figures 4 and 5 below provide two examples of how the Department, through the portfolio structure and regional network, is able to support government departments and agencies in achieving Government priorities.

Figure 4


Tax Law Services

The Tax Law Services (TLS) Portfolio supports the priorities of the Canada Revenue Agency (CRA). Tax Law Services Portfolio counsel at headquarters and in the regions are intensifying their national strategic approaches to align with their client's priorities, the Canada Revenue Agency. For example, growth in international law has resulted in a focus amongst tax administrations internationally to detect and shut down abusive tax schemes. The Portfolio is continually strengthening its capacity to respond to the Agency's new audit strategies that ensure taxpayers meet their obligations. Counsel in the regional offices, in particular those regions with multiple centres, including the Atlantic, Quebec, Prairies, and B.C. will be focussed on supporting the multidisciplinary teams at the Tax Services Offices of CRA.


Figure 5


Aboriginal Affairs Portfolio

The Aboriginal Affairs Portfolio supports the Department of Indian and Northern Affairs and Northern Development, the Office of Indian Residential Schools Resolution Canada and all other government departments that maintain policies, programs and services targeted to Aboriginal client groups across Canada. The Portfolio provides legal advice to federal government departments on a wide spectrum of Aboriginal law issues including Aboriginal rights and title; duty to consult; treaty rights; the fiduciary relationship of the Crown with Aboriginal people; and constitutional Charter issues relating to Aboriginal law.

The network of regional offices also works closely with the Portfolio to support government departments, however, each office deals with its own unique context in terms of the Aboriginal population and Aboriginal issues specific to their region. These may be demographic in nature or issue specific such as the Resolution of Indian Residential Schools Claims in the Prairies. Issues may cut across a number of provinces and territories and require strong coordination between the Regional Offices. One example is the support for the McKenzie Gas and other Pipelines which, over the next fiscal year, will involve the B.C. Regional Office, the Prairie Regional Office and the Northern Regional Office.


Special Branches:

Several specialized branches complement the provision of legal services to clients:

a) The Legislative Services Branch provides drafting, revision and advisory services to the Government for both bills and regulations to establish and maintain the legislative framework for government policies and programs. Bills introduced in Parliament – and regulations made by the Governor in Council and other delegates – must address the subject matter in both English and French and respect the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights along with other laws. As well, bills and regulations must reflect Canada's common law and civil law traditions where appropriate. The Branch is also responsible for the publication of federal laws, notably an electronic consolidation of Acts and regulations that is available on the Internet. During 2007-2008, the Branch will focus on supporting the Government's legislative agenda as well as developing and implementing Smart Regulation proposals involving the application of the Statutory Instruments Act, the revision of regulations and the format for printing legislative texts. It will also oversee the completion of the review and potential re-enactment of legislative instruments under the Legislative Instruments Re-enactment Act and continue to advance the harmonization of federal legislation with the civil law of Quebec.

b) The Public Law Sector (PLS) is made up of a number of specialized legal advisory and policy sections. It comprises experts on human rights law, constitutional and administrative law, information law and privacy, aviation law, trade law, public international law, private international law, judicial affairs, and public law policy. The various sections combined are a core resource for the Department, offering highly specialized legal policy expertise and assisting the Department in fulfilling its central agency role as coordinator of legal advice across government.

The Public Law Sector also provides extensive support to the Government in the development of national and international policies, laws, and other instruments. This support includes policy development and legal advisory services on issues specific to the Justice portfolio as well as legal advisory services to client departments engaged in the development of legislation and policies across government.

In 2007-2008, the Government's policy agenda in relation to accountability, security, parole reform and democratic renewal will require extensive advisory and legal policy support from PLS in relation to: access to information and privacy reform; addressing the issue of racial profiling under the auspices of Canada's action plan against racism; initiatives aimed at enhancing the justice system and strengthening national security; parole reform; and, ways to enhance democratic participation.

c) The Litigation Branch has functional responsibility over litigation involving the Government of Canada in the common law provinces and territories.

The establishment of the PPSC had implications for the functions carried out by the Branch. The Branch formerly responsible for civil litigation matters is now comprised of the Civil Litigation Division and the Criminal Litigation Division. The Branch's new organization now includes the following:

  • The Civil Litigation Section, which along with its counterparts in the Regional Offices, is responsible for the conduct of all litigation by or against the federal government, except tax and criminal litigation.
  • The Management of Class Actions and Mass Litigation Unit manages horizontal issues associated with class and mass litigation. The Unit is responsible for the development and promotion of strategies to ensure uniform practices and tactics across the country in defending class actions and mass litigation.
  • The National Security Group provides legal advice on national security and intelligence matters stemming from the amendments to the Canada Evidence Act, Criminal Code and Security of Information Act which formed part of the C-36 package, the Anti-terrorism Act.
  • The International Assistance Group supports the Minister as Attorney General of Canada on extradition and mutual assistance matters. This work involves close liaison with government and law enforcement authorities abroad and in Canada.
  • The Strategic Operations Unit which supports Canada's participation in the Financial Action Task Force (FATF) the international body responsible for setting anti-money laundering and anti-terrorist financing standards of which Canada is an active participant.
  • The Office of Legal Risk Management (LRM) provides the key point of contact on legal risk management (LRM), and the Special Counsel fulfils a challenge function ensuring that LRM is being effectively carried out with respect to contingency planning, legal risk response, etc.
  • Litigation Practice Management manages the delivery of (civil) litigation services by legal agents by providing operational support in relation to the appointment and remuneration of legal agents.

Figure 6


Some of the key litigation that we will be tracking during 2007-08 include:

Court approval of IRS Class Action settlement
Dumont/Manitoba Metis Federation
McIvor
Victor Buffalo
Chief Hall
Whitefish
Roger William
Sydney Tar Ponds
McKenzie Gas Pipeline


d) The Official Languages Law Group (OLLG) provides specialized legal advice on language rights to departments, agencies and other federal institutions. It offers information and advisory services to the Minister and various federal institutions on the interpretation of language rights through the development and coordination of legal expertise and advice in cooperation with other sections in the Department. Together with the Department of Canadian Heritage, the Public Service Human Resources Management Agency of Canada and the Privy Council Office, it ensures a better sharing of information, and a better compliance of federal policies, programs, initiatives and documents with the Official Languages Act and its regulations and policies.

The OLLG is also responsible for the development and coordination of the position of the Attorney General of Canada and the Government in linguistic litigation, and it provides support to counsel involved in litigation. As well, it is a source of strategic advice and guidance on specific issues during legal proceedings, for example when a trial is held in the minority language under the linguistic provisions of the Criminal Code.

Thirdly, the OLLG is in charge of the preparation and coordination of the provision of advice on linguistic policies, particularly with regards to any legislative amendment affecting language rights.

Finally, the Group provides training on language rights. It prepares various tools for the employees in the Department, the Government, and the public, such as judgment summaries, annotated statutes and information notes on the language provisions of the Charter. Training activities have been identified as a priority in the 2003 Action Plan for Official Languages. Legislative amendments require renewed efforts to make sure the Act is known and complied with.

e) The Dispute Prevention and Resolution Services provides leadership, support and services to DOJ including legal advisory services, training, operational policy development for the prevention of disputes that could result in litigation and the resolution of litigation claims. There are two priorities for the year that focus on methods to manage the volume of litigation. The development of a five-year pilot project on an early resolution option for certain tort claims will be finalized, including an evaluation framework to track results. As well, policy support will be provided for the development of the proposed Commercial Mediation Act and for the review of dispute resolution policies in order to facilitate the use of alternative dispute resolution mechanisms across Portfolios.

10 The Department's general policy is that legal work within our statutory mandate should be handled by departmental counsel. At times however, operational demands necessitate using private sector counsel, who are appointed as legal agents of the Attorney General of Canada, to carry out this mandate. To ensure clarity, consistency and control in the use of legal agents, the Department has a framework for determining what work can or should be outsourced and a protocol and supporting practices for selecting and appointing agents. Competence and integrity remain the primary considerations in the selection process, and selection is based on the premise that the Government of Canada is entitled to receive the highest quality of legal service and advice consistent with the reasonable demands of economy, efficiency and effectiveness. Decisions to outsource legal work are made in consultation with clients, who are responsible for costs incurred. Justice counsel are responsible for supervising and monitoring legal agent activities, reviewing the reasonableness of costs claimed for services rendered, and where appropriate recommending that payment be made.

 

Part B — How we will measure our performance under this strategic outcome:

In terms of indicators and measures of success in these activities, there are a number of means to capture a snapshot of Department's effectiveness in providing legal services to the Government of Canada's departments and agencies. As mentioned in the 2006-2007 Report on Plans and Priorities, the Department has begun to establish a more coordinated and standardized process for soliciting client feedback to ensure that client needs are being met with the provision of the highest quality services. A key component of this is the development of data collection tools to gather the information needed to monitor and report on performance. As a first step in this process, the Department, in partnership with Statistics Canada, launched a pilot standardized client feedback survey in 2006-2007. The survey has been successfully pilot tested across the Department of Indian and Northern Affairs and with the Canadian Food Inspection Agency. Applying lessons learned, DoJ is now seeking feedback from client departments and agencies across the Business and Regulatory Law Portfolio (representing about 40% of all federal government departments and agencies). Over the next fiscal year and on a cyclical basis thereafter, the Department intends to survey representatives from the federal departments and agencies that receive services from DOJ as part of its overall planning and performance management agenda. By completing this survey, clients will provide the Department with valuable performance information to help ensure that we are delivering high quality legal services that meet departments' and agencies' needs and expectations and identify areas where we might need to make improvements or address gaps in services.

As well, the Department is working to ensure that it has the tools and the capacity to collect relevant and credible information in regards to how we are managing our resources, both human and financial in the support of the delivery of legal services. This means that we will be reporting with more data on elements such as: the use of alternative dispute resolution (ADR) methods and the impacts of levels of risk on the resources used to address client requirements for legal services. Over time, we will be able to plot the trends in this data, but in the more immediate environment, we will be able to begin to establish baselines that will better enable us to determine when (or what) adjustments we may need to make in order to ensure that we are providing the best results for Canadians.

There are basically three elements of measures and indicators that support this strategic outcome. These are aimed at addressing the effective management of resources, the degree to which we support other government departments with our legal services, and the degree to which we are effectively enabling government to attain its key priorities.

Figure 7 below shows the measures and indicators that will be used to assess performance in the delivery of integrated legal services over the reporting period.

Figure 7


Priority III: Supporting other government departments and agencies in achieving Government of Canada priorities
Key Results Indicators Measures Data Collection
Effective management of resources Workload
  • Levels of effort devoted to:
    • Litigation Services
    • Legal Advisory services
    • Legislative services
Timekeeping/Case management systems
Litigation Inventory
  • Number of open/active files at fiscal year-end (Active Inventory)
  • Number of files closed during the year (Closed Inventory)
  • Age of inventory (at closing)
  • Trends in "backlog"
Timekeeping/Case management systems
Legislative Services Inventory
  • Number of Orders in Council Prepared
  • Number of Bills drafted
  • Number of bill-amendments drafted
  • Number of Regulations published in Part I Canada Gazette
  • Number of Regulations published in Part II Canada Gazette
Timekeeping/Case management systems
Managing Legal Risk
  • Trends in risk profile of litigation inventory
  • Level of effort by risk level (shown as proportion of total effort devoted to litigation files for high, medium and low risk files)
Timekeeping / Case management systems
Use of ADR methods
  • Number of files settled by mediation, arbitration, negotiation
  • Number of files where these methods were utilized regardless of outcomes
Timekeeping/Case management systems
Supporting other government departments with high quality legal services Client feedback on legal advisory, litigation and legislative services
  • Client feedback about quality of services re:
    • Usefulness
    • Timeliness
    • Responsiveness
Standardized Client Feedback Survey
Representing the Crown's interests to enable government to attain its key priorities Awards and settlements
  • Total value of awards and settlements for the closing inventory at the end of the fiscal year
Timekeeping/Case management systems
Litigation Outcomes
  • Adjudicated
  • Resolved
  • Closed Administratively
Case management systems
Crown Results
  • Successful
  • Partially Successful
  • Unsuccessful
Case management systems
Supreme Court of Canada Outcomes
  • List of cases of importance to Canadians and the influence/explanation of the impact of the case on Canadians’ life
Case management systems and Top 100

 




SECTION III – SUPPLEMENTARY INFORMATION

Organizational Information

Organizational Chart

Tables and Charts

Table 1: Departmental Planned Spending and Full Time Equivalents
Table 2: Voted and Statutory Items in Main Estimates
Table 3: Services Received Without Charge
Table 4: Sources of Respendable and Non-Respendable Revenue
Table 5: Resource Requirement by Branch or Sector
Table 6: Details on Transfer Payments Programs
Table 7: Horizontal Initiatives
Table 8: Sustainable Development Strategy
Table 9: Internal Audits and Evaluations

 


Table 1. Departmental Planned Spending and Full Time Equivalents
($ millions)
Forecast Spending 2006-2007
Planned Spending 2007-2008
Planned Spending 2008-2009
Planned Spending 2009-2010
Developing Policies and Laws
30.7
41.1
36.2
35.8
Developing and Implementing Programs
296.6
273.4
257.4
257.0
Providing Legal Advisory, Litigation and Legislative Services to Government
507.7
281.2
278.7
275.6
Providing Prosecution Services
80.7
0.0
0.0
0.0
Total Main Estimates
915.7
595.7
572.4
568.4
Adjustments (Note 1):
 
 
 
 
Contributions respecting Legal Aid
44.5
 
 
 
Carry Forward
24.6
 
 
 
Contributions in support of Youth Justice Fund
2.5
 
 
 
Funding to combat against the Proceeds of Crime (Money Laundering) and Terrorist Financing Act
1.2
 
 
 
Funding for administration and delivery of the Universal Child Care Benefits to Canadian Families
0.3
 
 
 
Reallocation of Ministry's Regional responsibilities
0.3
 
 
 
Procurement Savings (ERC Savings )
-1.7
 
 
 
FPT financial arrangements concerning Youth Justice Services
-
53.8
53.8
53.8
Aboriginal Justice Strategy
-
4.0
4.0
4.0
Child-Centred Family Law Strategy
-
4.0
-
 
Strengthening Enforcement Budget 2003
-
-
3.8
3.8
Federal Accountability Action Plan
-
0.5
0.2
0.2
CRA 2006 Omnibus – Tax Legislation and Policy Changes
-
0.2
0.2
0.2
2006 Canada-United States Softwood Lumber Agreement
-
0.2
0.1
0.1
CRA 2006 Omnibus
-
0.2
0.2
0.2
Repeal S.67 of CHRA
-
0.8
0.6
0.9
Victims of Crime – Victims Strategy
-
7.6
7.6
7.6
Office of the Federal Ombudsman for Victims of Crime
-
1.5
1.5
1.5
Metis Litigation Strategy
-
4.2
4.2
-
Corporate Tax – Inter-Provincial Compliance
-
0.3
0.3
0.3
Contributions to the provinces and territories to assist in the operation of Legal Aid Systems
-
44.5
44.5
44.5
Internal Audit TB Vote 10 (inc. EBP) – Operations
 
0.1
 
 
 
 
 
 
 
Total Adjustments
71.7
120.5
119.4
115.5
Total Planned Spending
987.4
717.7
693.3
685.4
 
 
 
 
 
Total Planned Spending
987.4
717.7
693.3
685.4
Less: Cost Recovery (Note 3)
-164.8
 
 
 
Less: Non-Respendable Revenue
-10.4
-10.4
-11.6
-12.8
Plus: Cost of Services Received Without Charge
74.7
76.4
79.1
78.1
Net Cost of Program
886.9
783.7
760.8
750.7
 
 
 
 
 
Full Time Equivalents (Note  4)
4,088
4,140
4,150
4,150

Note 1: Adjustments for 2006-2007 include Supplementary Estimates (A) and (B) (EBP included). Adjustments for 2007-2008 and future years consists of amounts identified in the Expenditure Status Report dated July 12th, 2007.

Note 2: The amounts listed include funding associated with accommodation for PWGSC.

Note 3: The Department recovers from client departments and agencies some of the costs incurred to deliver legal services. Through the Main Estimates process, Justice was granted authority to spend and recover $225.8 million (including EBP) in 2006-2007, $45.0 of which will not be used. From 2007-2008 and thereafter, it is included in Main Estimates as net recoveries.

Note 4: For 2007-2008 and future years, Public Prosecution Service of Canada (PPSC) will report their planned spending and associated FTEs. However, for 2006-07, FPS is still part of Department of Justice and includes FPS FTEs.


Following items in the TBS Planned Spending Report belong to PPSC:
Strengthening Enforcement Budget 2003
-
4.7
4.7
Additional Police Officers – RCMP
-
1.2
1.0
Additional Police Officers – RCMP
9.0
13.5
16.9

 


Table 2. Voted and Statutory Items in Main Estimates
$ millions
2007-2008
Vote or Statutory Items: Truncated Vote or Statutory Working: Current Main Estimates Previous Main Estimates
1 Operating expenditures
262.0
549.0
5 Grants and contributions
266.4
286.9
(S) Minister of Justice salary and motor car allowance
0.1
0.1
(S) Contributions to employee benefit plans
67.2
79.8
Total Department of Justice
595.7
915.8

 


Table 3. Services Received Without Charge
$ millions
2007-2008
Accommodation provided by Public Works and Government Services Canada (PWGSC)
42.7
Contributions covering employees' share of employees' insurance premiums and expenditures paid by TBS (excluding revolving funds)
33.5
Workers' compensation coverage provided by Human Resources and Skills Development Canada
0.2
Total 2007-2008 Services received without Charge
76.4

 


Table 4. Sources of Respendable and Non-Respendable Revenue
Non-Respendable Revenue
($ millions)
Forecast Revenue 2006-2007
Planned Revenue 2007-2008
Planned Revenue 2008-2009
Planned Revenue 2009-2010
Developing policies and laws
Family Order and Agreements Enforcement Assistance Program
7.9
7.9
8.8
9.7
Central Registry of Divorce Proceedings
0.9
0.9
1.0
1.1
Miscellaneous Revenues
0.0
0.0
0.0
0.0
 
8.8
8.8
9.8
10.8
Deleloping and implementing programs
Miscellaneous Revenues
0..0
0.0
0.0
0.0
 
0.0
0.0
0.0
0.0
Providing legal advisory, litigation and legislative services to government
Legal Services – Crown Corp. EBP
0.4
0.4
0.5
0.5
Court costs
0.7
0.7
0.8
0.9
Royalties and Patents
0.1
0.1
0.1
0.1
Miscellaneous Revenues
0.4
0.4
0.4
0.5
 
1.6
1.6
1.8
2.0
Total Non-Respendable Revenue
10.4
10.4
11.6
12.8

 


Table 5. Resource Requirement by Branch or Sector
2007-2008
($ thousands)
Developing policies and laws
Developing and implementing programs
Office of the Federal Ombudsman for Victims of Crime
Providing legal advisory, litigation and legislative services to government
Total Planned Spending
Policy Sector
42,565
385,488
1,501
-
429,554
Legislative Services
 
 
 
21,593
21,593
Civil Litigation and Public Law
1,555
 
 
15,727
17,282
Tax Law Portfolio
 
 
 
60,795
60,795
Citizenship Immigration and Public Safety Portfolio
 
 
 
77,449
77,449
Aboriginal Affairs Portfolio
 
 
 
34,069
34,069
Business and Regulatory Law Portfolio
 
 
 
66,530
66,530
Central Agencies Portfolio
 
 
 
10,365
10,365
Total
44,120
385,488
1,501
286,528
717,637

Note: Identified resource requirements include approved A-base allocations, authorized cost recovery, corporate costs and EBP

 


Table 6. Details on Transfer Payments Programs
Forecast Spending 2006-2007
Planned Spending 2007-2008
Planned Spending 2008-2009
Planned Spending 2009-2010
GRANTS
 
 
 
 
Developing and Implementing Programs
 
 
 
 
Uniform Law Conference of Canada – Administration Grant
18,170
18,170
18,170
18,170
Institut international de droit d'expression franÁaise
0
1,140
1,140
1,140
Canadian Association of Chiefs of Police for the Law Amendments Committee
12,274
12,274
12,274
12,274
British Institute of International and Comparative Law
0
7,220
7,220
7,220
Hague Academy of International Law
8,620
8,620
8,620
8,620
Canadian Human Rights Foundation
26,600
26,600
26,600
26,600
National Judicial Institute
268,345
268,345
268,345
268,345
Canadian Society for Forensic Science
38,600
38,600
38,600
38,600
Canadian Association of Provincial Court Judges
100,000
100,000
100,000
100,000
Grants in support of the Justice Partnership and Innovation Fund
165,031
565,031
565,031
565,031
Grants in support of the Aboriginal Justice Strategy
50,000
0
0
0
Grants in support of the Child-Centred Family Justice Fund
50,000
50,000
0
0
Grants in support of the Youth Justice Fund
1,015,000
880,000
880,000
880,000
Grants for the Victims of Crime Initiative
350,000
350,000
350,000
350,000
Grants under the Access to Justice in both Official Languages Support Fund
0
50,000
50,000
50,000
Total Grants
2,102,640
2,376,000
2,326,000
2,226,000
CONTRIBUTIONS
 
 
 
 
Developing and Implementing Programs
 
 
 
Contributions to the provinces to assist in the operation of Legal Aid Systems
119,827,507
79,827,507
79,827,507
79,827,507
Contributions in support of Public Security and Anti-terrorism – Legal Aid
1,089,000
2,000,000
2,000,000
2,000,000
Contributions to the provinces and territories in support of Youth Justice Services
177,302,415
144,750,000
144,750,000
144,750,000
Contributions to the provinces and territories in support of Youth Justice Services – Intensive Rehabilitative Custody and Supervision Program
3,500,000
 
 
 
Contributions to the provinces under the Aboriginal Courtwork Program
4,836,363
4,836,363
4,836,363
4,836,363
Contributions under the Justice Partnership and Innovation Fund
2,489,415
2,553,251
2,553,108
2,253,108
Contributions under the Aboriginal Justice Strategy Fund
7,250,000
2,900,000
2,900,000
2,900,000
Contributions in support of the Child-Centred Family Justice Fund
16,200,027
11,950,027
 
 
Contributions for Access to Justice Services to the Territories (being Legal Aid, Aboriginal Courtwork and Public Legal Education and Information Services)
4,856,593
3,356,593
3,356,593
3,356,593
Contributions in support of the Youth Justice Fund
3,835,000
2,650,000
2,650,000
2,650,000
Contributions for the Victims of Crime Initiative
2,250,000
2,400,000
2,550,000
2,708,000
Contributions under the Access to Justice in both Official Languages Support Fund
3,502,546
2,842,846
2,842,845
2,842,845
Contributions to support the implementation of official languages requirements under the Contraventions Act
3,114,900
8,686,829
9,393,000
9,393,000
Contributions in support of Federal Court-Ordered Counsel
978,000
0
0
0
Contributions in support of Federal Court-Ordered Counsel – Unique Legal Aid Cases
507,307
0
0
0
Contributions in support of Legal Aid Pilot Projects
955,000
0
0
0
Drug Treatment Court Funding Program
2,341,894
1,703,584
1,703,584
1,703,584
Contributions to the provinces under the Integrated Market Enforcement Teams (IMETs) Reserve Fund
0
3,750,000
0
0
Total Contributions
354,835,967
264,007,000
249,163,000
249,021,000
Total Grants and Contributions as per Main Estimates
356,938,607
266,383,000
251,489,000
251,247,000
Adjustments (note 1)
 
 
 
 
Contributions to the provinces to assist in the operation of Legal Aid Systems
 
40,000,000
40,000,000
40,000,000
Grants for the Victims of Crime Initiative
 
1,400,000
1,400,000
1,400,000
ontributions for the Victims of Crime Initiative
 
4,350,000
4,350,000
4,350,000
Contributions under the Aboriginal Justice Strategy Fund
 
4,000,000
4,000,000
4,000,000
Contributions in support of the Child-Centred Family Justice Fund
 
4,000,000
 
 
Contributions to the provinces and territories in support of Youth Justice Services
 
32,552,415
32,552,415
32,552,415
Contributions to the provinces and territories in support of Youth Justice Services – Intensive Rehabilitative Custody and Supervision Program
 
21,248,000
21,248,000
21,248,000
Contributions to the provinces under the Integrated Market Enforcement Teams (IMETs) Reserve Fund
0
0
3,750,000
3,750,000
Contributions in support of Federal Court-Ordered Counsel
 
1,400,000
1,400,000
1,400,000
Contributions in support of Federal Court-Ordered Counsel – Unique Legal Aid Cases
 
250,000
250,000
250,000
Contributions in support of Legal Aid Pilot Projects
 
955,000
955,000
955,000
Contributions for Access to Justice Services to the Territories (being Legal Aid, Aboriginal Courtwork and Public Legal Education and Information Services)
 
1,500,000
1,500,000
1,500,000
Total Adjustments
0
111,655,415
111,405,415
111,405,415
Total Grants and Contributions
356,892,607
378,038,415
362,894,415
362,652,415

Note 1: Adjustments for 2007-2008 and future years consists of amounts identified in the Expenditure Status Report dated January 19th, 2007.

For further detail regarding the Department's key transfer payment programs see http://www.tbs-sct.gc.ca/est-pre/20062007/p3a-eng.asp.

Details on Transfer Payments Programs


Name of Transfer Payment Program: Legal Aid Program
Start Date: August 17, 1971 End Date: Ongoing
Description: Contribution funding in support of criminal legal aid service delivery by provinces. (Funding for criminal and civil legal aid in the territories is provided through Access to Justice Services Agreements.)
Strategic outcomes: A fair, relevant and accessible justice system.
Expected Results: Agreements are negotiated and contribution funding for legal aid is provided to the provinces to assist them in delivering legal aid services to economically disadvantaged persons involved in serious criminal and youth criminal justice matters.
 
Forecast Spending 2006-2007
Planned Spending 2007-2008
Planned Spending 2008-2009
Planned Spending 2008-2009 Planned Spending 2009-2010
Program Activity (PA)
-
-
-
-
Total Grants
0
0
0
0-
Total Contributions
$119,827,507
$119,827,507
$119,827,507
$119,827,507
Total Other Types of Transfer Payments
0
0
0
0
Total PA
$119,827,507
$119,827,507
$119,827,507
$119,827,507
Planned Audits and Evaluations: Formative evaluation completed in 2005-2006.

* A three-year Legal Aid Strategy ended March 31, 2006 and was extended for one year (fiscal year 2006-2007).

 


Name of Transfer Payment Program: Youth Justice Services Funding Program
Start Date: 04-02-1984 End Date: On-going
Description: To support the government’s broad policy objectives with respect to youth justice.
Strategic outcomes: A fair, relevant and accessible justice system that reflects Canadian values.
Expected Results: Implementation of the new financial agreements with the provinces and territories. These new agreements are expected to sustain an adequate range of programs and services that encourage accountability measures, effective rehabilitation and reintegration of offenders and target the use of the formal court system, detention and custody to serious offences.
 
Forecast Spending 2006-2007
Planned Spending 2007-2008
Planned Spending 2008-2009
Planned Spending 2008-2009 Planned Spending 2009-2010
Program Activity (PA)
-
-
-
-
Total Grants
0
0
0
0-
Total Contributions
177,302,415
177,302,415
177,302,415
177,302,415
Total Other Types of Transfer Payments
0
0
0
0
Total PA
177,302,415
177,302,415
177,302,415
177,302,415
Planned Audits and Evaluations: Formative evaluation completed in 2005-2006.

 


Name of Transfer Payment Program: Youth Justice Intensive Rehabilitative Custody and Supervision Program
Start Date: 04-01-2002 End Date: On-going
Description: To support programs required for the IRCS sentencing option
Strategic outcomes: A fair, relevant and accessible justice system that reflects Canadian values.
Expected Results: Programs are in place to deal with individuals receiving an Intensive Rehabilitative Custody and Supervision order.
 
Forecast Spending 2006-2007
Planned Spending 2007-2008
Planned Spending 2008-2009
Planned Spending 2008-2009 Planned Spending 2009-2010
Program Activity (PA)
-
-
-
-
Total Grants
0
0
0
0-
Total Contributions
3,870,850
11,048,000
11,048,000
11,048,000
Total Other Types of Transfer Payments
0
0
0
0
Total PA
3,870,850
11,048,000
11,048,000
11,048,000
Planned Audits and Evaluations: Formative evaluation completed in 2005-2006.



Name of Transfer Payment Program: Aboriginal Justice Strategy
Start Date: December 1996 End Date: March 2007

Description: Aboriginal people continue to be over-represented in the criminal justice system, both as victims and accused. When Aboriginal people come into contact with the justice system as victims or accused, their needs –related to culture, economic positions and social circumstances –must be taken into account to ensure the system is fair, relevant and effective for them.

One of the federal government’s key responses to addressing these issues has been the Aboriginal Justice Strategy (AJS), which co-funds diversion, sentencing, and family and civil mediation projects in Aboriginal communities with provinces and territories.

In response to recommendations related to justice made by the Royal Commission on Aboriginal Peoples, the AJS was established in 1996, and extended in 2002, with a mandate to:

  • contribute to a reduction in rates of crime, victimization and incarceration among Aboriginal people;
  • help Aboriginal people assume greater responsibility for the administration of justice in their communities; and
  • promote the inclusion of Aboriginal values within the Canadian justice system.

The AJS is managed by the Department of Justice Canada’s (DOJ) Aboriginal Justice Directorate (AJD). In collaboration with provincial and territorial counterparts, the AJD pursues the goals of the AJS through community-based justice program funding; training and development and capacity-building funding; and enhancing partnerships. The AJS supports activities in Aboriginal communities on- and off- reserve and in urban settings.

Strategic outcomes: A fair, relevant and accessible justice system that reflects Canadian values

Expected Results:

  • Strengthen justice administration and contribute to a reduction in crime and victimization in Aboriginal communities through the delivery of community-based justice programs
  • Programs developed in response to identified needs/gaps in the area of community-based justice programs within Aboriginal communities and integrated with Government priorities and commitments
  • Program policies developed in response to identified needs/gaps in the area of community-based justice programs within Aboriginal communities and integrated with Government priorities and commitments
 
Forecast Spending 2006-2007
Planned Spending 2007-2008
Planned Spending 2008-2009
Planned Spending 2008-2009 Planned Spending 2009-2010
Program Activity (PA)
-
-
-
-
Total Grants
50,000
0
0
0-
Total Contributions
7,250,000
6,900,000
6,900,000
6,900,000
Total Other Types of Transfer Payments
0
0
0
0
Total PA
7,300,000
6,900,000
6,900,000
6,900,000
Planned Audits and Evaluations: Given the AJS mandate is currently being considered for renewal, a new AJS RMAF outlining planned audits and evaluations will be developed.

 


Name of Transfer Payment Program: Child-centred Family Justice Fund
Start Date: 08-12-2003 End Date: 03-31-2008

Description: The Child-centred Family Justice Fund (CCFJF) is a key component of the Child-centred Family Justice Strategy. While the federal government does not provide direct services to separated and divorced parents since the provinces and territories are responsible for the administration of justice, the Department of Justice is committed to assisting and promoting the development, expansion and maintenance of such services through the CCFJF.

Strategic outcomes: A fair, relevant and accessible justice system that reflects Canadian values.

Expected Results:

  • Programs are developed and implemented in response to identified needs and gaps and are integrated within Government priorities and commitments.
 
Forecast Spending 2006-2007
Planned Spending 2007-2008
Planned Spending 2008-2009
Planned Spending 2008-2009 Planned Spending 2009-2010
Program Activity (PA)
-
-
-
-
Total Grants
50,000
50,000
0
0-
Total Contributions
16,200,027
15,950,027
0
0
Total Other Types of Transfer Payments
0
0
0
0
Total PA
16,250,027
16,000,027
0
0

Planned Audits and Evaluations

Audits to be undertaken in 2007-2008:

  • Ontario, Quebec and Prince Edward Island

A Summative Evaluation is to be completed in 2007-2008


 


Name of Transfer Payment Program: Victims of Crime Initiative
Start Date: 2000 Start Date: 2000 End Date: VCI funding sunsets 2010

Description: The Victims of Crime Initiative (VCI) is administered by the Policy Centre for Victim Issues (PCVI). The PCVI provides the "victims lens" for all criminal law reform and criminal justice policy development for which the Department of Justice is responsible and works closely with other federal departments to ensure a consistent approach to victim issues. The Centre has a broad mandate to conduct research, raise awareness about the needs and concerns of victims, develop public information materials, and to consult with victims, victim advocates, criminal justice personnel, service providers, and others involved in the criminal justice system to identify issues of concern and to develop policy and options for law reform. The Centre works closely with provinces and territories that have a key role in providing services for victims and Chairs the Federal-Provincial-Territorial Working Group on Victims of Crime. The PCVI also administers the federal Victims Fund, which has a broad set of objectives that, like all PCVI activities and responsibilities, is intended to improve the experience of victims in the criminal justice system. The Fund can be accessed by victim service providers, non- governmental organizations, provincial and territorial governments, victim advocates and researchers, as well as victims (including CSC registered victims of crime who can access the Parole Fund).1

Strategic outcomes: A fair, relevant and accessible justice system that reflects Canadian values.

Expected Results: The objective of the VCI is to improve the experience of victims of crime in the criminal justice system by:

  • ensuring that victims of crime and their families are aware of their role in the criminal justice system and services and assistance available to support them;
  • enhancing our capacity to develop policy, legislation and other initiatives which take into consideration the perspectives of victims;
  • increasing the awareness of criminal justice system personnel, allied professionals and the public about the needs of victims of crime, legislative provisions designed to protect them and services available to support them; and
  • developing and disseminating information about effective approaches both within Canada and internationally to respond to the needs of victims of crime.
 
Forecast Spending 2006-20072
Planned Spending 2007-2008
Planned Spending 2008-2009
Planned Spending 2008-2009 Planned Spending 2009-2010
Program Activity (PA)
-
-
-
-
Total Grants
$ 350,000
$ 850,000
$ 850,000
$ 850,000
Total Contributions
$ 2,250,000
$ 7,650,000
$ 7,800,000
$ 7, 958, 000
Total Other Types of Transfer Payments
0
0
0
0
Total PA
$ 2,600,000
$ 8,500,000
$ 8,650,000
$ 8,808,000

Planned Audits and Evaluations: The VCI has a comprehensive evaluation strategy that includes case studies, sub-studies, a mid term evaluation (2008) and a summative evaluation (2010). Previous evaluation reports, from the first mandate (2000-2005) were undertaken in 2002 and 2005.


1 The Federal Victims Strategy, awaiting Treasury Board approval, will significantly enhance the reach and impact of the Victims of Crime Initiative. It will also alter the end date to 2011.

2 This amount includes the current Victims Fund resources (approximately $ 2M per year 2005-06 to 2009-2010), as well as the amount transferred from Public Safety to DOJ administer the Financial Assistance for Victims to Attend National Parole Board Hearings component of the Fund (approximately $500,000 increasing every year).


Table 7: Horizontal Initiatives

Over the next three years, the Department of Justice will be involved in the following horizontal initiatives as either the lead or a partner:


Name of Horizontal Initiative DOJ Role
1. Drug Strategy
Note: The Drug Treatment Court Funding Program, managed by the Department of Justice, is a component of the Drug Strategy
Partner
2. Action Plan Against Racism Partner
3. Public Security and Anti-terrorism Initiative Partner
4. Federal Accountability Act Partner
5. Youth Justice Renewal Lead
6. Family Violence Initiative Partner

Supplementary information on Horizontal Initiatives can be found at http://www.tbs-sct.gc.ca/rma/eppi-ibdrp/hrdb-rhbd/profil-eng.asp.

Horizontal Initiatives


1) Name of Horizontal Initiative:
Youth Justice Initiative
2) Name of Lead Department(s):
Department of Justice
3) Start Date of the Horizontal Initiative:
April 1, 1999
4) End Date of the Horizontal Initiative:
On-going
5) Total Federal Funding Allocation: $ on-going
6) Description of the Horizontal Initiative: The Youth Justice Initiative (YJI) is aimed at achieving, over time, a fairer and more effective youth justice system through (among other things) promoting proportionate and meaningful accountability measures that foster offender rehabilitation and reintegration. The major focus of 2007-2008 and beyond will be monitoring the impact of the YJI and the Youth Criminal Justice Act as well as reviewing the legislation to assess where amendments are necessary to achieve a more responsive and effective youth justice system. Other key activities will be supporting innovative projects in response to service delivery gaps and problems as well as continuing to support provinces and territories in their delivery of an adequate range of programs and services that encourage accountability measures, rehabilitation and reintegration of offenders and targets the use of the formal court system, detention and custody to the serious offences. A primary focus for 2007-08 will be the implementation of the new long-term financial arrangements with the provinces and territories to sustain the youth justice delivery systems. A new emphasis for the Youth Justice Fund for 2007-08 and on-ward will be responding to the government’s commitment of youth crime prevention by working with youth involved in or at-risk of involvement in guns, gangs and drugs. For more information on the Youth Justice Initiative, visit web site: http://canada.justice.gc.ca/en/ps/yj/yoas3.html.
7) Shared Outcome(s): A fair and effective youth justice system that targets the most serious interventions for the most serious offences and finds constructive community-based options for less serious offences. The Department will continue to work with provinces and territories, and stakeholders, with a focus on achieving a fairer and more effective youth justice system. The major indicators of success of the Initiative are long-term. A summative evaluation of the Youth Justice Initiative, however, was finalized in 2006-2007. The evaluation concluded that the YJI was successful in achieving the objectives of reducing the over use of youth court, reducing the over use of custody for non-violent offences, and improving the extent to which responses to youth crime are proportionate to the seriousness of the offence. The evaluation concluded that the success of the initiative can be attributed to the multi-pronged approach of the YJI, which consisted of legislation, financial incentives to the provinces, training, the funding of programs and services, and building partnerships with a variety of groups including officials of the youth justice system, NGOs working in the justice area, other NGOs that serve youth and community groups made an important contribution to the achievement of the intended results.
8) Governance Structure(s): The Department of Justice leads the Youth Justice Initiative. The Youth Justice Policy Section in the Department manages the implementation of the Initiative, with the Programs Branch managing the Youth Justice Services agreements with the provinces and territories.
9) Federal Partners Involved in each program 10) Names of Programs 11) Total Allocation 12) Planned Spending for 2007-2008 13) Expected Results for 2007-2008
Justice (1) Youth Justice Services Agreements and Intensive Rehabilitative Custody and Supervision (IRCS) Agreements $on-going $188,350,415 a) Spending of federal resources is consistent with the YJI b) The provinces and territories continue to support an adequate range of programs and services that encourage accountability measures, the effective rehabilitation and reintegration of offenders, and target the use of the formal court system, detention and custody, to serious offences. c) Additional or enhanced rehabilitative and reintegration opportunities (including the IRCS program for serious violent offenders) are being developed and used by the youth justice system.
  Youth Justice Fund $on-going $3,530,000 a) To provide funding to youth justice partners: to support youth justice services and activities consistent with the objectives of the youth justice legislation, to address programming and knowledge gaps, and to work to avoid further marginalization of particular groups of young people who are in conflict with the law, such as Aboriginal youth, youth in care, youth affected by FASD, as well as other groups with unique needs. To support youth involved in or at-risk of involvement in guns, gangs and drugs by working collaboratively with provinces to identify communities in need and supporting projects that support this target population.
    Total: $ on-going Total: $191,880,415  
15) Contact Information: Catherine Latimer Director General and General Counsel, Youth Justice Policy Policy Sector, Department of Justice (613) 957-9623

(1) The planned spending for 2007-2008 and beyond includes funding earmarked in the fiscal framework for the main Youth Justice Services and IRCS Agreements with the provinces and territories, and yet to be transferred to the departmental budget, following Treasury Board approval.

(2) The Youth Justice Initiative works with officials from the Royal Canadian Mounted Police, Public Safety, Canadian Heritage, Human Resources and Social Development, Health, Indian Affairs and Northern Development (Northern Strategy) where our interests in youth justice issues meet or are complementary. These federal departments, however, did not receive funding under this Initiative.


Table 8: Sustainable Development Strategy

The Department of Justice's fourth Sustainable Development Strategy (SDS), covering the period 2007-2009, has been developed by building on accomplishments and challenges from the previous strategies, by responding to the government guidance for a more coordinated and consistent approach to implementing sustainable development in the Government of Canada, and by linking sustainable development efforts in the Department to other key activities under the Department's Program Activity Architecture (PAA).

The Strategy contains three key objectives:

  • Further develop the capacity of the Department to support provision of legal services related to sustainable development;
  • Incorporate sustainable development principles and practices into the Department's policy and program operations; and
  • Improve the environmental sustainability of the Department's physical operations.

All objectives are aimed at improving the existing capacity and practices in the Department towards achieving sustainable development in its internal operations, as well as in its work with its client organizations, as appropriate.

The first objective supports the Department's second strategic outcome to ensure that "federal government is supported by effective and responsive legal services", by developing capacity for greater integration of sustainable development into the Department's legal services to the Government of Canada, as appropriate.

The second objective supports the achievement of the Department's first strategic outcome to ensure "a fair, relevant and accessible justice system that reflects Canadian values" through the development and implementation of policies, laws, and programs, by integrating more rigorously sustainable development principles and practices into its policies and programs.

The third objective represents a component of the corporate activity of "managing the Department and providing common services", which will be better achieved by enhancing the awareness of staff and by increasing efforts to reduce the Department's impact on our environment, including the implementation of the federal government’s Green Procurement Policy.

Further details on this Sustainable Development Strategy may be obtained at: http://www.justice.gc.ca/en/dept/pub/sds/07_09/index.html

 

SDS Departmental Goal: Incorporate sustainable development principles and practices into the Department's policy and program operations


Federal SD Goal including GGO goals Performance Measure from current SDS Department's Expected Results for 2007-08

Goal #4: Communities enjoy a prosperous economy, a vibrant and equitable society, and a healthy environment for current and future generations

Goal #6: Strengthen federal governance and decision making to support sustainable development

  • Sustainable development principles and practices are clearly linked to the work of the Department (case studies, best practices).
  • Areas are identified to further incorporate sustainable development.
  • Guidelines, learning and practical tools are created to assist employees in applying sustainable development in their work.
  • Training is offered and conducted to build additional expertise within the Department, as appropriate.
  • Full compliance with the Cabinet Strategic Environmental Assessment Directive is achieved.
  • Policy research capacity is in place to analyze long-term effects of environmental degradation, emerging technologies, and social and economic issues on the work of the Department.
  • Policy and legal services priorities and activities are linked to government's priorities to address the environmental, social and economic pillars of sustainable development.
  • Sustainable development is integrated into the Management Accountability framework; sustainable development activities are re-grouped according to the departmental Program Activity Architecture structure.
  • Link is established between Legal Risk Management in the Department and the implementation of sustainable development.
  • Sustainable development is considered a departmental priority.
  • Procedures are in place to collect data and to monitor and report on progress in sustainable development efforts.
  • A minimum of 5 case studies and/or best practices will be developed to demonstrate clear link to sustainable development
  • Areas where sustainable development can be applied more rigorously will be identified
  • Full compliance will be achieved with the Cabinet Strategic Environmental Assessment Directive
  • Policy research capacity will be enhanced to address sustainable development issues impacts on the Department's work
  • SD activities will be re-grouped and linked to the Department's Program Activity Architecture
  • Legal risk management will be linked to sustainable development
  • Sustainable development will be integrated into our corporate priorities
  • Processes and systems will be developed to monitor progress of sustainable development activities

 

SDS Departmental Goal: Improve the environmental sustainability of the Department's physical operations


Federal SD Goal including GGO goals Performance Measure from current SDS Department's Expected Results for 2007-08

Goal #1: Clean and secure water for people, marine and freshwater ecosystems

Goal #2: Clean air for people to breathe and ecosystems to function well

Goal #3: Reduce greenhouse gas emissions Reduce greenhouse gas

Goal #5: Sustainable development and use of natural resources

  • All areas of significant environmental impact by the Department are identified and measures are identified to reduce this impact by a minimum of 20%.
  • Double-sided printing is promoted and set as a default standard across the Department, to the extent possible.
  • Practices are in place to promote electronic data disclosure and sharing, reducing paper consumption by 30% from the 2006 level.
  • Paper consumption levels are stabilized and monitored.
  • Diversion of solid waste in Headquarters' operations is increased from 78% to 86%, as recommended by the 2006 audit (based on baseline year 1999).
  • Monitoring process and measures to track waste diversion efforts are in place and are reported on regularly.
  • Training for managers on environmental sustainable development practices is created and delivered.
  • Specific targets and performance measures are in place and included in managers’ performance agreements to demonstrate and monitor progress of their commitments to implementing sustainable development.
  • Recommendations from energy and solid waste management audits for Headquarters buildings are implemented and monitored.
  • All appropriate staff are trained on the application of the Green Procurement Policy.
  • All suppliers used offer green products.
  • Green procurement is considered in every transaction.
  • Green stock purchases amount to a minimum of 50% of all purchases.
  • Green procurement targets are developed and built into all responsible managers' and staff performance agreements.
  • Spending data has been assessed, baseline established and specific targets developed by 2009 for the main five categories of purchases.
  • A standard reporting mechanism is developed within the financial system to monitor the Department's compliance with the Policy.
  • All areas of significant impact will be identified
  • A pilot area will be established and measures implemented to reduce environmental impact in one area by 20%
  • Double-sided printing will be monitored and increased by 20%
  • Paper consumption levels will be monitored and measures put in place to reduce consumption by 10%
  • Diversion of solid waste will be increased from 78 to 80%
  • Training will be developed for all appropriate managers on sustainable development practices
  • Specific sustainable development targets will be developed and included in senior managers' performance agreements, including targets on green procurement
  • Implementation of at least two recommendations from the energy and solid waste audits will be initiated
  • All appropriate staff will have received training on Green Procurement Policy
  • Increase in suppliers offering green products will be monitored
  • Spending data will be assessed and baseline for future purchases established


Table 9: Completed and Upcoming Internal Audits and Evaluations (Last 3 fiscal years)


1. Name of Internal Audit/Evaluation 2. Audit Type/Evaluation Type 3. Status 4. Actual Completion Date
Citizenship & Immigration LSU Audit In-progress March 2007
Royal Canadian Mounted Police LSU Audit In-progress March 2007
Contracting Process Audit In-progress March 2007
Materiel Management Audit In-progress March 2007
PAYE Process Audit In-progress March 2007
Security at HQ Audit In-progress March 2007
Fire and Emergency Audit In-progress March 2007
iCase – Phase II Audit In-progress March 2007
CCFJF (RBAF) – Canada Child-centred Family Justice Fund Audit In-progress March 2007
Management of Information Technology Security Audit In-progress March 2007
Canada Revenue Agency LSU Audit Planned March 2008
Comptrollership Function Audit Planned March 2008
Occupational Health & Safety Audit Planned March 2008
Accrual Accounting Audit Planned March 2008
Salary Management System (SMS) Audit Planned March 2008
Human Resources/Skills Development LSU Audit Planned March 2008
Ontario Regional Office – Finance & Administration Audit Planned March 2008
Summative Evaluation of Aboriginal Justice Strategy Evaluation In-progress 2006-2007
PSAT Summative Evaluation Evaluation In-progress 2007-2008
Measures to Combat Organized Crime Summative Evaluation – DOJ Component Evaluation In-progress 2006-2007
Unified Family Court (UFC) Summative Evaluation Evaluation In-progress 2007-2008
Summative Evaluation of the Family Law Assistance Services Section Evaluation In-progress 2006-2007
Summative Evaluation of the Child Centred Family Law Strategy (CCFLS) Evaluation In-progress 2007-2008
Formative Evaluation of Contraventions Act Fund Evaluation In-progress 2006-2007
Summative Evaluation of Contraventions Act Fund Evaluation In-progress 2007-2008
Summative Evaluation-Access to Justice in Both Official Languages Support Fund (Official Languages Act) Evaluation In-progress 2007-2008
Formative Evaluation of Aboriginal Courtworker Program Evaluation In-progress 2006-2007
Formative Evaluation of Nunavut Unified Court Evaluation In-progress 2006-2007
Youth Justice Renewal Initiative (YJRI) Summative Evaluation Evaluation In-progress 2006-2007
Summative Evaluation of JPIP Evaluation In-progress 2006-2007
Formative Evaluation-Legal Risk Management Evaluation In-progress 2006-2007
Interdepartmental Formative Evaluation – Canada's Drug Strategy Evaluation In-progress 2006-2007
Formative Evaluation of Victims of Crime Renewal Initiative Evaluation Planned 2007-2008
Summative Evaluation of the Youth Criminal Justice Act Evaluation Planned 2007-2008
Summative Evaluation – Crimes Against Humanity and War Crimes Program Evaluation Planned 2008-2009
Interdepartmental Summative Evaluation – Canada's Drug Strategy Evaluation Planned 2008-2009
Drug Treatment Court Formative Evaluation Evaluation Planned 2008-2009
Electronic Link to Internal Audit and Evaluation Plan: Index of Completed Internal Audits: http://canada.justice.gc.ca/eng/dept-min/pub/aud-ver/index.html Index of Completed Evaluations: http://canada.justice.gc.ca/eng/pi/eval/index.html

 




SECTION IV – OTHER ITEMS OF INTEREST

Corporate Management Plans

The Department also establishes corporate priorities and plans to improve the management of the Department and facilitate the successful delivery of the outcomes we want to achieve for Canadians. Our activities in this vein reflect the elements of the Government's Management Accountability Framework11. The Department focuses on a small number of key elements of the MAF as identified in cooperation with Treasury Board Secretariat.

Over the fiscal year 2007-2008, our priority areas include: Our People, and the Implementation of the Sustainable Funding Regime (stemming from the Review of Legal Services).


Our People

Under the Our People corporate priority, the DOJ will continue to undertake initiatives to improve workplace and employee well-being as a result of the departmental Workplace Health Needs and Risk Survey conducted in 2005-2006 and the development and implementation of an action plan for the 2005 Public Service Employee Survey.

In addition, a focus on a more strategic and integrated approach to strengthening the leadership and management cadre will be undertaken to respond to the Clerk of the Privy Council's priorities around roles, responsibilities and accountabilities, public service renewal, and strong and effective leadership, and to respond to the outcomes of the review of the LA standard which will define and strengthen the management cadre of the LA group. This will involve the development and implementation of a Human Resources Framework that allows individuals, in both formal and informal roles, to enhance their skills, knowledge and abilities as current or future leaders and managers within the Department of Justice. The HR Framework will provide the roadmap as to the vision, strategies and initiatives that will be undertaken to build a sustained, aligned and competent leadership and management cadre.

Other leadership initiatives already underway that will support this framework will continue, including the learning component of the twenty participants in the pilot Justice Leaders of Tomorrow Program. This developmental program will enhance the participants' key leadership competency skills sets, such that they are better prepared for any future management competitions in the Department of Justice; as well as the activities being planned in support of the newly launched departmental Leaders Network that provides supervisors, managers and individuals with an interest in management or leadership issues, with information and tools to help them fulfil their roles effectively and efficiently.

DOJ will also continue to build momentum to be seen as a leader in relation to HR Modernization. Initiatives will be developed and delivered to ensure that managers and supervisors are able to take full advantage of the modernization flexibilities in their human resources management plans and decisions. In support of this, opportunities will be identified to streamline business processes through the use of technology, continued efforts will be made in support of effective integrated business and human resources planning processes, and further plans will be directed at continuing to build the capacity of managers to more effectively and efficiently carry out their responsibilities and accountabilities in the area of human resources management.

The unionization of lawyers and the introduction of collective bargaining as a result of the new Public Service Labour Relations Act will continue to be a key factor in any of the initiatives undertaken in the area of human resources. Recognizing that lawyers make up more than half of the departmental workforce, there will be a huge impact on the culture of the Department requiring change management initiatives to deal with the challenges and opportunities that this will bring about. Targeted awareness sessions on unionization will continue to be offered to assist managers with the transition, the management of unionized workforce, the impact of the changes on the individual and the organization as well as the development of a partnership with the new bargaining agent. The sessions being planned over the next two fiscal years are essential to getting departmental managers to understand the PSLRA provisions and embrace the change and the spirit of collaborative labour-management relationships and will ensure that the change is fully integrated in the business and corporate culture of the organisation.


Establishing a sustainable funding strategy

The Review of Legal Services to Government launched in 2004-05 had the following two key objectives:

  • Improve the sustainability of legal services delivery to the Government of Canada by recommending strategies to improve legal services delivery and ensure a sustainable funding regime.
  • Identify approaches to effectively manage litigation in the federal government through an analysis of litigation drivers and trends, the documentation of best practices for managing the litigation process, and the development of recommendations for improving the efficiency and effectiveness of litigation management.

The Review was undertaken in collaboration with the Treasury Board Secretariat. In 2004-05 and 2005-06, the Review formulated a preliminary series of recommendations related to legal services delivery models, funding models, government approaches for improving the management of litigation, and to efficiencies in the management of legal services delivered to government departments. The Department of Justice consulted government departments and agencies on these preliminary recommendations. Findings and results from these consultations have informed the final Review recommendations.

In 2006-07, the Department of Justice completed its work on the Review of Legal Services. The Department of Justice obtained approval for the implementation, on April 1, 2007, of a net voting regime for the appropriate spending of revenues received from departments and agencies for the legal services rendered. Treasury Board approved the reliance on a mix of Justice appropriations and recoveries from departments and agencies to fund the provision of legal services to Government. Throughout the year, the Department of Justice worked closely with the Treasury Board Secretariat and with departments and agencies to further elaborate operational practices pertaining to the implementation of the recovery model in Government. The finding and final recommendations from the Review of Legal Services as well as the rate structure and annual legal services rates will be presented to TB Ministers for approval in March 2007.

During 2007-08, the Department of Justice will monitor the implementation of the legal services funding and recovery model and continue to work closely with the Treasury Board Secretariat and with departments and agencies to ensure the sustainable, efficient and effective delivery of legal services in Government.


Legislation Administered by the Department

The Department of Justice exists by virtue of the Department of Justice Act, first passed in 1868. The Act establishes the Department's role and sets out the powers, duties and functions of the Minister of Justice and the Attorney General of Canada.

In addition to this general enabling statute, the Minister and the Department have responsibilities under a number of other laws. These range from fairly routine matters, such as tabling the annual report of an agency in Parliament, to broader responsibilities, such as the obligation to review all government bills and regulations for compliance with the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Statutory Instruments Act. The laws for which the Minister has sole or shared responsibility to Parliament are listed below.12

Access to Information Act, R.S. 1985, c. A-1 (responsibility shared with the President of the Treasury Board13).
Annulment of Marriages Act (Ontario), R.S.C. 1970, c. A-14. Anti-Terrorism Act, S.C. 2001, c. 41.

Bills of Lading Act, R.S. 1985, c. B-5 (responsibility shared with the Minister of Transport).

Canada Evidence Act, R.S. 1985, c. C-5.
Canada-United Kingdom Civil and Commercial Judgments Convention Act, R.S. 1985, c. C-30.
Canada Prize Act, R.S.C. 1970, c. P-24.
Canadian Bill of Rights, S.C. 1960, c. 44; reprinted in R.S.C. 1985, Appendix III.
Canadian Human Rights Act, R.S. 1985, c. H-6.
Civil Marriage Act, 2005, c, 33
Commercial Arbitration Act, R.S. 1985, c. 17 (2nd Supp.).
Courts Administration Service Act, S.C. 2002, c. 8.
Contraventions Act, S.C. 1992, c. 47.
Criminal Code, R.S. 1985, c. C-46 (responsibility shared with the Solicitor General of Canada,14 and the Minister of Agriculture and Agri-Food (s. 204)).
Crown Liability and Proceedings Act, R.S. 1985, c. C-50.

Department of Justice Act, R.S. 1985, c. J-2.
Divorce Act, R.S. 1985, c. 3 (2nd Supp.).

Escheats Act, R.S. 1985, c. E-13.
Extradition Act, S.C. 1999, c. 18.15

Family Orders and Agreements Enforcement Assistance Act, R.S. 1985, c. 4 (2nd Supp.).
Federal Courts Act, R.S. 1985, c. F-7.16
Federal Law-Civil Harmonization Act, No.1, S.C. 2001, c. 4.
Firearms Act, S.C. 1995, c. 39. 17
Foreign Enlistment Act, R.S. 1985, c. F-28.
Foreign Extraterritorial Measures Act, R.S. 1985, c. F-29.

Garnishment, Attachment and Pension Diversion Act, R.S. 1985, c. G-2 (responsibility shared with the Minister of National Defence, Minister of Public Works and Government Services, and Minister of Finance18).

Identification of Criminals Act, R.S. 1985, c. I-1.
International Sale of Goods Contracts Convention Act, S.C. 1991, c. 13.
Interpretation Act, R.S. 1985, c. I-21.

Judges Act, R.S. 1985, c. J-1.

Marriage (Prohibited Degrees) Act, S.C. 1990, c. 46.
Modernization of Benefits and Obligations Act, S.C. 2000, c. 12.
Mutual Legal Assistance in Criminal Matters Act, R.S. 1985, c. 30 (4th Supp.).

Official Languages Act, R.S. 1985, c. 31 (4th Supp.).

Postal Services Interruption Relief Act, R.S. 1985, c. P-16.
Privacy Act, R.S. 1985, c. P-21 (responsibility shared with the President of the Treasury Board19).

Revised Statutes of Canada, 1985 Act, R.S. 1985, c. 40 (3rd Supp.).

Security Offences Act, R.S. 1985, c. S-7.
Security of Information Act, R.S. 1985, c. O-5.
State Immunity Act, R.S. 1985, c. S-18.
Statute Revision Act, R.S. 1985, c. S-20.
Statutory Instruments Act, R.S. 1985, c. S-22.
Supreme Court Act, R.S. 1985, c. S-26.

Tax Court of Canada Act, R.S. 1985, c. T-2.

United Nations Foreign Arbitral Awards Convention Act, R.S. 1985, c. 16 (2nd Supp.).

Youth Criminal Justice Act, S.C. 2002, c. 1 (replaces Young Offenders Act, R.S. 1985, c. Y-1).

 

Contact Information

Media Inquiries:
Communications Branch
Telephone: 613-957-4207
Fax: 613-954-0811

Public Inquiries:
Communications Branch
Telephone: 613-957-4222
TDD/TTY: 613-992-4556
Fax: 613-954-0811

 

Information Online

For more information about the management terms used in this document, please consult the Treasury Board Secretariat's Lexicon for RPP: http://www.tbs-sct.gc.ca/est-pre/20052006/lex-eng.asp

For more information about the Department of Justice, please consult the following electronic publications:

About the Department of Justice
http://www.justice.gc.ca/en/dept/pub/about/index.html

Access to Justice in Both Official Languages Support Fund
http://www.justice.gc.ca/en/ps/pb/prog/official_languages.html

Department of Justice Evaluation Reports
http://www.justice.gc.ca/en/ps/eval/index.html

Department of Justice Internal Audit Reports
http://www.justice.gc.ca/en/dept/pub/audit_reports/index.html

Departmental Performance Report
http://www.justice.gc.ca/en/dept/pub/dpr/home.html

Public Legal Education and Information
http://www.justice.gc.ca/en/ps/pb/prog/legal_ed.html

Report on Plans and Priorities, 2005-2006
http://www.justice.gc.ca/en/dept/pub/rpp/2005_2006/toc.html

Research and Statistics
http://www.justice.gc.ca/en/ps/rs/index.html

Sustainable Development Strategy, 2004-2006
http://www.justice.gc.ca/en/dept/pub/sds/04_06/index.html

The Department of Justice produces many publications and reports on a variety of subjects. For a complete listing, please visit the Publications page on our Internet site: http://www.justice.gc.ca/en/dept/pub/subject_index.html.


11 For further detail regarding the Government's Management Accountability Framework see http://www.tbs-sct.gc.ca/maf-crg/intro-eng.asp.

12 This list, prepared in February 2004, is an unofficial version for information only.

13 Responsibility shared with the President of the Treasury Board in the following manner: Minister of Justice (for purposes of paragraph (b) of the definition of "head" in section 3, subsection 4(2), paragraphs 77(1) (f) and (g) and subsection 77(2)); and the President of the Treasury Board (for all other purposes of the Act) (SI/83-108).

14 The portfolio of the Solicitor General of Canada was replaced by the portfolio of Public Safety and Emergency Preparedness on December 12, 2003. The legislation has not yet been amended to reflect this.

15 Section 84 of the new Extradition Act, 1999, c. 18, provides that the repealed Act (R.S. 1985, c. E-23) applies to a matter respecting the extradition of a person as though it had not been repealed, if the hearing in respect of the extradition had already begun on June 17, 1999.

16 Formerly the Federal Court Act. The title was amended to the Federal Courts Act in the Courts Administration Service Act, S.C. 2002, c. 8, s. 14.

17 The Firearms Program was transferred to the Solicitor General (Public Safety and Emergency Preparedness as of December 12, 2003, although the legislation has not yet been amended to reflect this change) as of April 14, 2003. See SOR/2003-145.

18 Responsibility shared in the following manner: (a) Minister of Justice and Attorney General of Canada, General (Part I) (SI/84-5), and for the purposes of sections 46 and 47 of the Act, items 12 and 16 of the schedule to the Act and the other provisions of Part II of the Act as those provisions relate to the Judges Act (SI/84-6); (b) the Minister of National Defence, for the purposes of the provisions, except sections 46 and 47, of Part II of the Act as those provisions relate to the Canadian Forces Superannuation Act and the Defence Services Pension Continuation Act (SI/84-6); (c) the Minister of Finance, for the purposes of the provisions, except sections 46 and 47, of Part II of the Act as those provisions relate to the Members of Parliament Retiring Allowances Act (SI/84-6); and (d) the Minister of Public Works and Government Services, for the purposes of the provisions, except sections 46 and 47, of Part II of the Act as those provisions relate to
(i) the Governor General's Act,
(ii) the Lieutenant Governor's Superannuation Act,
(iii) the Diplomatic Service (Special) Superannuation Act,
(iv) the Public Service Superannuation Act,
(v) the Civil Service Superannuation Act,
(vi) the Royal Canadian Mounted Police Superannuation Act, Part I,
(vii) the Royal Canadian Mounted Police Pension Continuation Act, Parts II and III,
(viii) the Currency, Mint and Exchange Fund Act, subsection 15(2) (R.S. 1952, c. 315)
(ix) the War Veterans Allowance Act, subsection 28(10),
(x) regulations made under Vote 181 of Appropriation Act No. 5, 1961, and
(xi) the Tax Court of Canada Act (SI/84-6).

19 Responsibility is shared in the following manner: Minister of Justice, for purposes of paragraph (b) of the definition of "head" in section 3, subsection 12(3), paragraphs 77(1) (a), (d), (g) and (l) and subsection 77(2); President of the Treasury Board, for all other purposes of the Act (SI/83109).