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Section II – Analysis of Program Activities by Strategic Outcome

The Public Prosecution Service of Canada supports the Attorney General of Canada in the discharge of his criminal law mandate – in particular its work supports the priorities of prosecuting criminal offences under federal law, and contributing to strengthening the criminal justice system. The PPSC’s priorities are listed below.


Priority Name
Type
1 - Prosecuting criminal offences under federal law
Ongoing
2 - Providing legal advice to investigative agencies
Ongoing
3 - Contributing to strengthening the criminal justice system
Ongoing
4 - Continuing with the transition
Ongoing

Over 50 federal statutes confer prosecution and prosecution-related responsibilities on the Attorney General of Canada; these duties are carried out by the PPSC. In all provinces except Quebec and New Brunswick, the PPSC has responsibility for the prosecution of all drug offences under the Controlled Drugs and Substances Act, regardless of whether a federal, provincial, or municipal police agency lays the charges. In Quebec and New Brunswick, the PPSC is responsible for drug charges laid by the RCMP only.

In addition, in all provinces, the PPSC prosecutes violations of federal statutes such as the Fisheries Act, the Income Tax Act, the Excise Act, the Customs Act, the Canadian Environmental Protection Act, the Elections Act, the Competition Act and the Canada Shipping Act as well as conspiracies and attempts to violate these statutes. Pursuant to understandings with the provinces, the PPSC also prosecutes Criminal Code offences where drug charges are involved and are the focus of the case.  In the three territories, the PPSC is responsible for prosecuting all Criminal Code offences.

Thus, the PPSC performs a number of key national roles in fulfilling the criminal litigation responsibilities of the Attorney General of Canada, including:
  • providing legal advice to law enforcement agencies and investigative bodies on the criminal law implications of investigations and prosecutions;
  • providing litigation support during the investigative stage, including wiretap applications and orders to produce evidence;
  • conducting charge reviews and exercising the Attorney General's discretion to prosecute;
  • conducting legal risk assessment and management, and developing prosecution plans to manage mega cases;
  • training prosecutors and investigators;
  • communicating with the media; and
  • playing a role as a centre of expertise for criminal law, national security and federal prosecution matters, and providing policy advice in the development of amendments to federal statutes relevant to the criminal justice system.


Part A: Strategic Overview - Program Activities and Priorities

The following describes the PPSC’s four Program Activities and priorities and plans for 2008-09.

Program Activity #1: Prosecution of drug, organized crime and Criminal Code offences


Financial and Human Resource Requirements, 2008-09 to 2010-11
Financial Resources (in $ millions) – Planned Spending
2008-09
2009-10
2010-11
120.6
112.6
118.4
Human Resources (Full-Time Equivalents)
2008-09
2009-10
2010-11
530
548
569

Description of Activity

Under this program activity, the PPSC provides prosecution-related advice and litigation support during police investigations, and prosecutes all drug charges under the Controlled Drugs and Substances Act, regardless of whether a federal, provincial or municipal police agency lays the charges, except in the case of Quebec and New Brunswick, where the PPSC prosecutes drug charges laid by the RCMP only.  Many of these cases involve organized crime.  Pursuant to agreements and arrangements with the provinces, the PPSC also prosecutes Criminal Code offences where they are related to drug charges and the drug aspect forms the major part of the case. In the three territories, the PPSC prosecutes all Criminal Code offences.

Priorities and Plans for 2008-09

Within this program activity, combating organized crime will continue to be one of the main focuses of the PPSC’s activities in 2008-09, reflecting the priority given to this issue by the federal government, the police and other law enforcement authorities. During 2008-09, the PPSC will continue to promote inter-jurisdictional cooperation within the prosecutorial community, and will work cooperatively with investigative agencies, providing advice and litigation support during the investigative stage on highly complex cases.  It will also prosecute organized crime cases which are under the jurisdiction of the Attorney General of Canada; and pursue the recovery of proceeds of crime.  All PPSC regional offices prosecute organized crime related cases.  A number are involved in highly complex and resource-intensive cases that will continue through 2008-09 and subsequent years, and will require dedicated teams of experienced counsel.

During 2008-09, the recruitment and retention of qualified prosecutors will continue to be a priority.  The PPSC will be seeking to augment its prosecutorial cadre in order to ensure that it continues to have the capacity to fulfill its mandate in relation to a number of new government initiatives, including the National Anti-Drug Strategy.  The PPSC will undertake a nationally-coordinated recruitment effort to achieve this goal.  The particular recruitment and retention needs of the three Northern offices will be addressed through strategies tailored to their requirements.

This program activity supports the priority of prosecuting criminal offences under federal law through prosecution and prosecution-related work on a projected volume of approximately 59,500 litigation files in 2007-08.

Program Activity #2: Prosecution of federal offences to protect the environment, natural resources, economic and social health


Financial and Human Resource Requirements, 2008-09 to 2010-11
Financial Resources (in $ millions) – Planned Spending
2008-09
2009-10
2010-11
Planned spending
30.1
28.8
28.8
Respendable revenue
(11.3)
(11.3)
(11.3)
Net Spending
18.8
17.5
17.5
Human Resources (Full-Time Equivalents)
 
2008-09
2009-10
2010-11
177
183
191

Description of Activity

Under this program activity, the PPSC provides prosecution-related advice and litigation support to federal investigative agencies, and prosecutes all non drug prosecutions under 50 federal statutes, including regulatory offences and economic crimes. Examples of these types of offences include: environmental offences under the Canadian Environmental Protection Act, revenue offences under the Income Tax Act, and offences under the Competition Act, the Fisheries Act and the Elections Act.

The PPSC is also responsible for recovering, under the Criminal Code, outstanding fines related to federal offences. 

Specialized teams of prosecutors are dedicated to prosecutions where a specialized knowledge of legislation is required. By way of example, PPSC offices in Toronto, Montreal and Vancouver dedicate resources to economic crimes prosecutions, whereas the Atlantic Regional Office in Halifax has a dedicated team of counsel devoted full time to prosecuting fisheries offences.

The PPSC also provides advice on and prosecutes complex capital market fraud cases.  PPSC legal advisors are part of the RCMP’s Integrated Market Enforcement Teams (IMETs) that investigate suspected capital market fraud offences.  Where provincial Attorneys General decline to prosecute, the PPSC may prosecute complex capital market fraud cases referred by the IMETs.

A group of PPSC prosecutors undertake prosecutions in highly specialized areas relating to offences under the Competition Act, the Textile Labelling Act, the Precious Metals Marking Act, and the Consumer Packaging and Labelling Act.  While criminal investigations under these statutes are the responsibility of the Commissioner of Competition, PPSC prosecutors conduct prosecutions and provide advice on investigations to Competition Bureau officers. The offences most often prosecuted under these statutes are false or misleading representations, deceptive telemarketing, cartel offences, and bid-rigging.

Priorities and Plans for 2008-09

This program activity supports the prosecution of criminal offences under federal law and prosecution-related work with a projected volume of over 7,000 litigation files in 2007-08.

 Within this activity, our priorities for 2008-09 will include addressing the recommendations of the November 2007 report to the Commissioner of the RCMP on Enhancing Integrated Market Enforcement Teams, Achieving Results in Fighting Capital Markets Crime.  This report sets out a plan for improving the effectiveness of the IMETs, and includes recommendations on approaches and use of resources relating to prosecutorial functions and services.

Program Activity #3: Addressing criminal issues, in the context of prosecutions, to contribute to a safer world for Canada


Financial and Human Resource Requirements, 2008-09 to 2010-11
Financial Resources (in $ millions) – Planned Spending
2008-09
2009-10
2010-11
6.2
5.6
5.6
Human Resources (Full-Time Equivalents)
2008-09
2009-10
2010-11
31
32
34

Description of Activity

Under this program activity, the PPSC provides prosecution-related advice and litigation support during the police investigation, and prosecutes charges under the Part II.1 of the Criminal Code (Terrorism), the Proceeds of Crime (Money Laundering) Terrorist Financing Act, the Customs Act, the Excise Act, and the Excise Tax Act to combat trans-national crime and terrorism.  As well, the PPSC may provide counsel to assist in the execution of extradition and mutual legal assistance requests before Canadian courts under the Extradition Act, and the Mutual Legal Assistance in Criminal Matters Act.

This program activity supports the prosecution of criminal offences under federal law and prosecution-related work with a projected volume of approximately 700 litigation files in 2007-08.

Priorities and Plans for 2008-09

Within this program activity, the substantive priority for the PPSC in 2008-09 will continue to be the prosecution of terrorism-related offences, reflecting the gravity of national security matters and the priority given to them by the federal government, federal police and other law enforcement authorities.  During 2008-09, the PPSC will continue to provide advice and litigation support during the investigative stage on these highly sensitive and complex cases; and serve as prosecutor on cases prosecuted by the Attorney General of Canada.  Three PPSC regional offices are currently prosecuting cases in which terrorism offences have been laid.  They are resource-intensive cases that will continue through 2008-09 and potentially subsequent years.  Dedicated teams of experienced counsel have been established to prosecute these cases.

Program Activity #4: Promoting a fair and effective justice system that reflects Canadian values within a prosecutorial context


Financial and Human Resource Requirements, 2008-09 to 2010-11
Financial Resources (in $ millions) – Planned Spending
2008-09
2009-10
2010-11
2.8
2.5
2.1
Human Resources (Full-Time Equivalents)
2008-09
2009-10
2010-11
13
13
14

Description of Activity

Under this program activity, the PPSC contributes to the government priority of strengthening the criminal justice system across Canada and improving its efficiency by providing legal training to staff prosecutors, agents and senior law enforcement investigators, and by promoting federal/provincial/territorial (FPT) cooperation within the prosecution community on shared issues.  Promotion of cooperation is carried out through the PPSC’s participation in the FPT Heads of Prosecutions Committee which supports and promotes effective horizontal linkages between various communities of interest and stakeholders involved in the administration of criminal justice in Canada.  The Committee is also a convenient venue where stakeholders such as the Canadian Association of Chiefs of Police (CACP), the RCMP and the Federation of Law Societies of Canada (FLSC) can seek the views of the Canadian prosecution community.

To address prosecution issues of common interest, the PPSC also actively participates in various international groups and committees such as the International Association of Prosecutors (IAP) whose mandate is to promote speed and efficiency in international cooperation between prosecution services and prosecutors on operational and management issues.  The PPSC also works closely with the Heads of Prosecuting Agencies Conference (HOPAC), which brings together the heads of prosecution services from all over the world who operate in a criminal justice system based on the common law.

Priorities and Plans for 2008-09

Within this activity, our major priorities for 2008-09 will be to expand the PPSC’s School for Prosecutors in order to increase enrolment capacity and better respond to the training needs of prosecution staff, legal agents and senior law enforcement investigators.  In addition, the PPSC will continue to work closely with FPT heads of prosecution on issues and challenges of common interest and to co-chair the FPT Heads of Prosecutions Committee, The PPSC will also renew efforts to ensure ongoing linkages between the Committee and partners from outside the prosecution community, such as the CACP and the FLSC, and continue to participate in the work of the HOPAC and the IAP.

Part B: Performance Measurement

The PPSC continues to develop its approach to monitoring performance relating to its program activities and to measure and report on the results achieved.  As part of the government-wide “Management, Results and Resources Structure” initiative led by Treasury Board of Canada Secretariat, a set of performance indicators has been identified for the PPSC’s strategic outcome and the expected results of each of its program activities.  Key performance indicators are shown in the following table.

During 2008-09, the PPSC will continue to refine its approach to organizational performance measurement, and further information will be provided in the 2008-09 Departmental Performance Report.
Performance Indicators for the PPSC’s Strategic Outcome and Expected Results
Program Activity
Strategic Outcome / Expected Results
Key Performance Indicators
  Prosecute criminal offences under federal law in a manner that is independent of any improper influence and respects the public interest Total time spent on active files, as well as total number and percentage of files handled, nationally and in regions
Prosecution of drug, organized crime and Criminal Code offences Disposition of cases initiated and prosecuted Number and percentage of litigation files by outcome: guilty plea, guilty plea (other/lesser offence), conviction, conviction (other/lesser offence), acquittal, stayed by the Crown, withdrawn, charge declined, or diverted
Prosecution of federal offences to protect the environment, natural resources, economic and social health Disposition of cases initiated and prosecuted Number and percentage of litigation files by outcome: guilty plea, guilty plea (other/lesser offence), conviction, conviction (other/lesser offence), acquittal, stayed by the Crown, withdrawn, charge declined, or diverted
The National Fine Recovery Program is administered in a consistent and coordinated manner Number and nature of recovery actions taken and results obtained nationally
Addressing criminal issues, in the context of prosecutions, to contribute to a safer world for Canada Disposition of cases initiated and prosecuted Number and percentage of litigation files by outcome: guilty plea, guilty plea (other/lesser offence), conviction, conviction (other/lesser offence), acquittal, stayed by the Crown, withdrawn, charge declined, or diverted
Promoting a fair and effective justice system that reflects Canadian values within a prosecutorial context Staff prosecutors, agents and law enforcement investigators receive practical knowledge and training on criminal law topics Range of topics addressed and perceived relevance / usefulness of the training
Promotion of federal / provincial / territorial and international cooperation on prosecution issues Number and type of issues discussed / cooperation venues