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SECTION IV – OTHER ITEMS OF INTEREST

Corporate Management

During 2008-2009, the Department will continue its efforts related to excellence in management by continuing to build upon Corporate Priorities in the following areas: Our People; Performance and Reporting; Managing Litigation; and Sustainable Funding.

Our People

The Department is committed to supporting the Clerk’s priority of Public Service Renewal. In the spring of 2007, senior management in the Department of Justice approved a three-year Human Resources Management (HRM) Plan (2007-2010) in order to support the achievement of both business and management goals. The departmental HRM Plan provides a comprehensive and integrated approach to improvement in the area of people management and demonstrates how the Department will strengthen its management practices in support of the People Component of the Management Accountability Framework by putting in place the conditions and infrastructure for:

• A workplace that is fair, enabling, healthy and safe; and
• A workplace that is productive, principled, sustainable and adaptable.

The priorities and initiatives in the HRM Plan respond to government-wide priorities such as HR Modernization and the Clerk’s Renewal Priorities, including planning, employee development, recruitment and enabling infrastructure. As well, the HRM Plan addresses specific departmental needs including the impending retirements in the senior ranks, most of whom are lawyers, the unionization of lawyers (LAs) in the federal public service, and a new classification Standard for LAs. These factors on their own are having significant and unprecedented impacts on the infrastructure and management policies, programs and practices in DoJ, given that lawyers are the primary business delivery workforce within the Department.

While there are numerous priorities and initiatives identified in the HRM Plan, of highest priority to senior management given the current environment are those related to:

• Management Accountability and Capacity: Initiatives focused on strengthening management capacity and better defining management roles, responsibilities and accountabilities will continue to be implemented, as well as the provision of training for managers on their delegated authorities and other core management responsibilities and accountabilities.
  
  A comprehensive policy review will also continue to ensure that management practices are adapted to and support a unionized work environment and are aligned with the new LA Collective Agreement, once negotiated. Communications and training strategies will also be required to inform employees and managers of the new terms and conditions of employment, as well as enhance manager’s knowledge and understanding of employee’s collective agreements. Continued delivery of the newly developed three-day Labour Relations management training module and targeted awareness sessions will be key to assist managers with the transition to a unionized work environment and the associated business and corporate culture changes being brought about.
  
• Leadership Development: Initiatives will continue to be undertaken in support of a more strategic and integrated approach to leadership development, aligned with public service-wide strategies and competencies. The leadership development strategy will enable employees 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. As part of the leadership strategy, leadership competencies will also be integrated into learning and development strategies, recruitment/staffing of managers and performance management processes. As well, the Justice Leaders of Tomorrow Program (JLTP), a developmental program designed to enhance participants' key leadership competency skills sets, will be a key component of the development strategy.
  
  Our departmental Legal Excellence Program (LEP) will be evaluated to determine its effectiveness in recruiting sufficient numbers of high quality articling students that also supports our junior level recruitment needs. In addition, improvements to the program will be identified to ensure it is aligned and integrated with our leadership development and succession strategies. At the other end of the spectrum, we will continue to implement the Accelerated Executive Development Program for senior lawyers that was created last year to ensure a sustained leadership cadre for Justice and the Public Service overall.
  
• Succession Planning: In line with the leadership development strategy, succession planning will be undertaken to address the ageing demographics of the senior management cadre of the Department. Tools and processes will be established to support management in the effective succession of key positions with successors who have the skills and competencies required to ensure sustainable and competent leadership across the Department.
  
• Recruitment: Branding and outreach are key to effective recruitment strategies. Development of a departmental outreach strategy for the legal stream will continue to ensure a strong presence in post secondary institutions, as well as a consistent and integrated approach across the Department. A branding exercise will also be undertaken in support of the outreach strategy and the wider public service branding initiative, identified in the Clerk’s Renewal Action Plan.
  
  Processes and tools will be developed to further enable managers 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, recruitment and staffing tools will be developed, as well as continued efforts to enhance integrated business and human resources planning processes.
  
  As well, DOJ will continue to undertake initiatives in support of employment equity and diversity, employee and organizational well-being, employee development, integrity in the workplace, occupational health and safety, official languages, organizational design and classification, performance management, planning, and recourse and conflict management; all areas further identified in the HRM Plan.

Performance and Reporting

The Department is committed to meeting the expectations and standards set out in the Management Accountability Framework (MAF). To support this commitment, the Department established a new Management Sector in 2007-2008 with a mandate to provide national leadership on all aspects of management, including the development and coordination of essential tools and processes that support the practice of law.

As a result of the government-wide enhancements to the Expenditure Management System, the Department will continue its efforts to strengthen capacity and practices to manage for results through integrated planning, ongoing monitoring of performance and reporting on results. In this regard, the Department will continue to develop and fine tune its tools and processes to assist departmental managers to plan, prioritize, monitor and report on the work performed and assess performance against expected results. This will include better alignment of human resources and financial planning with key areas of activities and expected results and more explicit incorporation of risk analyses into the business planning processes.

At a broader level, the Department will also continue to work with Treasury Board Secretariat (TBS) to refine and implement its departmental performance measurement framework in support of the government-wide Management Resources and Results Structure Policy (MRRS).

Managing Litigation

As part of the Department’s ongoing efforts aimed at addressing this Corporate Priority, the Law Practice Management Directorate (LPMD) was established within the Management Sector during 2007-2008. Part of LPMD’s function will be to continue to support the Department’s initiatives aimed at the prevention and early resolution of disputes across government.Initiatives such as the development and design of departmental Informal Conflict Management Systems (ICMS) across government organizations, and the design and conduct of a targeted mandatory mediation pilot project in the federal government to support the early resolution of disputes, are all aimed at managing the volume of litigation in Justice and across the federal government.

Sustainable Funding

As a follow-up to the Review of Legal Services conducted jointly between the Department and the Treasury Board Secretariat, a long term strategy for addressing sustainable funding for the provision of legal services was approved by Treasury Board. Beginning in April, 2007, the Department of Justice has been providing legal services based on a funding model that includes a mix of appropriation and cost recovery from client departments and agencies.

In 2008-2009, the Department will continue its efforts to work closely with client departments in the ongoing implementation of the net voting authorities for the delivery of legal services. A major area of activities in this regard will be led by LPMD by providing functional guidance and direction across the Department on the business side of the practice of law particularly in areas such as legal information and systems, standard legal service agreements and reporting on legal services.

Legislation for which the Department is Responsible

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.5

Access to Information Act, R.S. 1985, c. A-1 (responsibility shared with the President of the Treasury Board). 6
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, 7 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 (2^nd Supp.).

Escheats Act, R.S. 1985, c. E-13.
Extradition Act, S.C. 1999, c. 18. 8

Family Orders and Agreements Enforcement Assistance Act, R.S. 1985, c. 4 (2^nd Supp.).
Federal Courts Act, R.S. 1985, c. F-7. 9
Federal Law-Civil Harmonization Act, No.1, S.C. 2001, c. 4.
Firearms Act, S.C. 1995, c. 39. 10
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 Finance 11).

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.

Law Commission of Canada Act, S.C. 1996, c. 9.
Legislative Instruments Re-enactment Act, S.C. 2002, c. 20.

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 Board ).12

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_e.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://canada.justice.gc.ca/en/ps/ol/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.tbs-sct.gc.ca/rpp/

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

Report on Plans and Priorities
http://www.tbs-sct.gc.ca/rpp/

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

Sustainable Development Strategy, 2007-2009
http://www.justice.gc.ca/en/dept/pub/sds/07_09/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.

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5 This list, prepared in September 2006, is an unofficial version for information only.

6 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).

7 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.

8 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.

9 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.

10 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.

11 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).

12 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).

The following tables are available online through the TBS website.

• Details on Transfer Payment Programs
• Evaluations
• Green Procurement
• Horizontal Initiatives
• Internal Audits
• Services Received Without Charge
• Sources of Respendable and Non-respendable Revenue

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