ARCHIVED - Courts Administration Service - Report

• Previous Page
• Table of Contents
• Next Page

This page has been archived.

Acting Chief Administrator's Message

This 2011-12 Report on Plans and Priorities reaffirms the commitment of the Courts Administration Service ("the Service") to the provision of high quality service to four separate and independent superior courts - the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada ("the courts"), and their clients while safeguarding the independence of the judiciary from the executive branch of government.

Like many other federal departments and agencies, in this period of fiscal restraint the Service is faced with significant resource challenges that could impact on the manner in which it delivers its core mandate.

This past year, the Service undertook formal risk assessment, priority setting and planning exercises. Of the risks identified in its corporate risk profile, the financial pressures that it is currently facing have been identified as its most significant source of risk. They have an impact across the four courts and make it difficult for the Service to address pressing and substantial gaps and risks related to security, business continuity and in particular to its critical IT systems and infrastructure.

The Service will continue to work with central agencies, the courts, and key partners and stakeholders in 2011-12 to develop a more sound, stable and sustainable funding model going forward. This is critical in terms of ensuring continued timely and fair access to the judicial system, an essential element of constitutional governance.

Strengthened planning and risk management frameworks and practices developed over the course of the past year will ensure that the limited resources available are directed to the areas of highest priority. With the arrival of the new Chief Administrator, the Service will take this opportunity to continue to review the current internal allocation of resources in consultation with the four Chief Justices in light of those priorities. This will, in turn, better position the Service to address its longer term funding issues.

I wish to take this opportunity to recognize the hard work and dedication of the management team and all the employees of the Service as well as their continued commitment to the courts and their clients. The organization has maintained a level of excellence that is quite remarkable given the challenges that it is currently facing. We can all be proud of our collective achievements.

 

Section I - Overview

Raison d'être and Responsibilities

The Courts Administration Service was established on July 2, 2003 with the coming into force of the Courts Administration Service Act, S.C. 2002, c. 8 (the Act). The Actamalgamated the former registries and corporate services of the Federal Court of Canada and the Tax Court of Canada. The Courts were created by the Parliament of Canada pursuant to its authority under section 101 of the Constitution Act, 1867 to establish courts “for the better administration of the Laws of Canada.”

The role of the Service is to provide effective and efficient registry, judicial support and corporate services to four superior courts of record– the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada. Judicial independence is enhanced through the Act by placing the judiciary at arm’s length from the federal government while ensuring greater accountability for the use of public money.

The provision of administrative and registry services by an entity at arm’s length from the executive branch of the government is internationally recognized as a best practice.

The Service recognizes the independence of the courts in the conduct of their own affairs and aims to provide each with high quality administrative and registry services.

The Functions of the Service

• providing the judiciary, litigants and counsel with services relating to court hearings;
• informing litigants about rules of practice, court directives and procedures;
• maintaining court records;
• acting as liaison between the judiciary, the legal profession and lay litigants;
• processing documents filed by or issued to litigants;
• recording all proceedings;
• serving as the entity where individuals seeking enforcement of decisions made by the courts and federal administrative tribunals, such as the Canada Industrial Relations Board and the Canadian Human Rights Tribunal, may file pertinent documents;
• providing members of the courts and employees with library services, appropriate facilities and security; and
• providing support services to the judiciary.

To facilitate accessibility to the courts by parties, the Service has approximately 610 employees in ten (10) permanent offices in Nova Scotia, New Brunswick, Quebec, Ontario, Manitoba, Alberta and British Columbia. In addition, registry services and courtrooms in other regions are provided through agreements with provincial and territorial partners in Newfoundland and Labrador, Prince Edward Island, New Brunswick, Saskatchewan, Nunavut, the Northwest Territories and Yukon.

Planning and Accountability

Management has endorsed an integrated approach to planning and resource allocation. Ongoing initiatives include the renewal of the internal audit function and establishment of an Internal Audit Committee, refinement of the risk management framework established last year, and continued strengthening of integrated operational planning. The result will be better evidenced‑based decision-making and accountability throughout the Service.

Alignment with Program Activity Architecture (PAA)

In its Program Activity Architecture (PAA), the Service has one strategic outcome supported by three Program Activities. These Program Activities mirror the organizational structure of the Service:

[D]

Support and Services for the Courts

The priorities of the Service for 2011-12 focus on sustaining its core business and mitigating risks, in order to ensure that it is able to successfully deliver its mandate.

The Service was created to ensure the effective and efficient provision of administrative support to the four federal courts; to enhance judicial independence by placing administrative services at arm’s length from the Government and affirming the roles of the chief justices and judges in the management of the courts; and to enhance accountability for the use of public money in support of court administration.  This in turn ensures timely and fair access to the judicial system which is essential to constitutional governance. 

The four courts supported by the Service are itinerant courts, sitting in locations across the country.  These locations include the Service’s premises, borrowed provincial courtroom facilities, and, when necessary, rented accommodation.  Consequently, judges must be able to prepare files, conduct hearings and write decisions anywhere and anytime and require remote access to the computer network as well as electronic access to court files. 

In order to provide timely and efficient services to litigants, the courts expect to have available to them:

• Sufficient registry capacity across the country including court support services, court reporters, timely and accurate transcripts, digital recording, court enabling systems and equipment, and translations;
• Sufficient judicial support (Assistants, Law Clerks, Library Services);
• Safe and secure premises across the country, including at hearings in smaller centres;
• Complete, secure court files (in hard copy and digital format);
• Case/file management systems to efficiently manage caseflow and maintain appropriate court records;
• Robust IT security regimes to ensure court information is safeguarded;
• Robust business continuity plans to ensure continuity of constitutional Government;
• Adequate facilities, including necessary and appropriate technology in the courtrooms; and
• Remote IT connectivity from any sitting location across the country.

As noted throughout this document, in 2011-12 the Service will focus on maintaining its core business. Through a sound planning and resource allocation framework, the Service will be well placed to take advantage of opportunities as additional resources become available in future.

Strategic Outcome and Program Activity Architecture

COURTS ADMINISTRATION SERVICE

STRATEGIC OUTCOME

The public has timely and fair access to the litigation processes of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada

THREE PROGRAM ACTIVITIES

Registry Services	Judicial Services
Functional Direction of Registry Policies and Processes for the Federal Court of Appeal and Court Martial Appeal Court of Canada, Federal Court and the Tax Court of Canada Delivery of Registry Services for the four Courts	Judicial Executives Services Judicial Assistants Services Law Clerks Program Judicial Distribution, Translation and Revision Services Judicial Library Services Chauffeurs and Court Attendants Services
Internal Services
Management and Oversight Services Communications Services Legal Services Human Resources Management Services Financial Management Services Information Management Services Information Technology Services Real Property Services Materiel Services Acquisition Services Travel and Other Administrative Services

 

Planning Summary

Financial Resources ($ millions)

2011–12	2012–13	2013–14
65.4	62.7	62.8

Human Resources (FTEs)

2011–12	2012–13	2013–14
635	620	620

Note: Includes FTEs for the implementation of Bill C-11, an Act to amend the Immigration and Refugee Protection Act (Balanced Refugee Reform Act) and the Federal Courts Act.

Decrease in the FTEs in 2012‑13 and ongoing is due to funding that ends in 2011‑12 to manage immigration cases involving classified information under Division 9 of the Immigration and Refugee Protection Act.

Strategic Outcome : The public has timely and fair access to the litigation processes of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada.

Performance Indicator	Targets
Satisfaction rate with CAS regarding access among parties participating in the judicial process is 80% or higher	85% satisfaction rate

Program Activity 1	Forecast Spending 2010–11	Planned Spending			Alignment to Government of Canada Outcomes
		2011–12	2012–13	2013–14
Registry Services	26.1	26.8	25.7	25.7	Strong and independent democratic institutions
Judicial Services	20.4	20.3	20.1	20.1
Internal Services	18.3	18.3	16.9	17.0
Total Planned Spending	64.8	65.4	62.7	62.8

¹ For program activity descriptions, please access the Main Estimates online at http://www.tbs-sct.gc.ca/est-pre/index-eng.asp. ;

 

Contribution of Priorities to Strategic Outcome(s)

All priorities of the Service contribute to the achievement of its single Strategic Outcome

Operational Priorities	Type	Description
Maintaining Core Operations	New	The Strategic Outcome of the Service is to provide timely and fair access to the litigation processes of the courts.  Risk management, planning and resource allocation exercises this year will focus on sustaining its core business. Significant resource constraints anticipated in 2011-12 necessitate that the Service ensure that existing resources continue to be leveraged to the greatest extent possible.  Investments in service improvement initiatives outlined in previous reports may very well be delayed.  Plans will clearly focus on maintaining essential services to the four courts and their clients.  In order to ensure that this objective is met, the Service will: Ensure that the Corporate Risk Profile continues to be the driver for the establishment of plans and allocation of resources Replace critical IT network components which put at risk its capacity to provide services to the courts and litigants Continue to proactively risk-manage non-discretionary, direct costs of regular and long hearings Confirm its security configuration with a view to meeting standards in all its facilities Ensure its staffing strategy is focused on the replacement of employees providing direct support to the judiciary and the public Put continued emphasis on employee training, well-being and engagement in order to maintain an experienced workforce

Management Priorities	Type	Description
Investment in our People	Ongoing	CAS is a service delivery organization that depends on a stable, qualified and experienced workforce in order to deliver high quality services to the judiciary and the public.  Therefore, addressing workplace and workforce issues is of vital importance. The Service will manage a significant reduction in salary dollars in 2011-12, resulting in part from the reallocation of resources to cover certain unfunded judicial positions.  It must also absorb significant costs in 2011-12 related to wage increases arrived at through the collective bargaining process. Through its planning and resource allocation frameworks, the Service will ensure it continues to implement key elements of its Action Plan in response to the results of the 2008 Public Service Employee Survey.  The two main areas of importance identified in the Action Plan are: 1. Leadership and Performance Management. Senior Management is committed to supporting and developing employees, both individually and collectively. It will continue to support executives and managers through a talent management approach, in order to enable them to proactively effectively manage and support their employees. 2. Workplace and Workforce Priorities. The Service will effectively manage its human resources with a focus on planning, diversity, values and ethics, succession planning, learning and career development, and fostering an inclusive environment and an engaged workforce.

Management Priorities	Type	Description
Ensuring Financial Sustainability of Support to the Courts by the Service	New	Working collaboratively with the courts, central agencies and other key partners and stakeholders, the Service will develop and explore options with a view to arriving at a more appropriate, stable and sustainable funding model. The expenses incurred by the Service are in large part beyond its control as they are driven by the volume of hearings scheduled by the courts. Funding allocated to the Service is generally tied to judicial appointments that may not be made - or funded - in a timely fashion. This reality creates a significant challenge in terms of planning effectively over the medium and long terms for investments in new technologies and service improvement initiatives. Establishment of a new funding model will better position the Service to both manage existing short term financial pressures, and plan over the longer term to provide effective and efficient services to the courts and litigants.

 

Risk Analysis

Operating Environment

Users of the courts have a certain level of expectation with respect to services offered, methods of filing and receiving documents, and access to basic technology in the courtroom.  The four courts have been falling behind other Canadian courts in this regard.  The Service has, in the past few years, allocated limited resources to begin work on initiatives such as electronic court records management, e-filing, digitization of court files, digital audio recording and other related projects that meet the expectations of the courts and litigants.  The objective is to support an effective and efficient litigation process from point of filing to the issuance of the final decision.  The basic expectations of the courts are outlined in the section entitled “Support and Services for the Courts” in Section I of this document.

The Service is anticipating significant resource constraints in 2011‑12, and consequently the priority will be to continue to leverage existing resources and to reallocate internally in order to maintain the core level of service to the courts and their clients. 

The Service dedicated a significant amount of time and effort in 2010‑11 to strengthening its planning, risk management and decision making frameworks.  The organization is therefore well situated to make the most effective and efficient use of the limited resources at its disposal.  The risk mitigation plan for the Service will, as resources permit, address the highest risks identified in its Corporate Risk Profile (CRP).

The main objectives of the plan will be:

• To ensure adequate levels of security throughout the organization, including in the areas of physical security, business continuity and in particular making necessary investments to upgrade the IT infrastructure supporting the business of the courts and the Service;
• To ensure that the business of the Service and the courts can continue in a sustainable manner going forward.  This includes ongoing review of existing resources, pursuing a more sound, stable and sustainable funding model, proactively managing the costs of court hearings which are beyond the control of the Service and extremely challenging to manage within a fixed reference level, and focussing on recruiting, developing and retaining a qualified and experienced workforce.
• To continue strengthening internal management practices to ensure effective information for decision-making and proper allocation of resources.  This includes continued emphasis on planning and risk management, implementation of a renewed internal audit function, documenting internal financial controls and related processes, and strengthening formal information management capacity to meet operational and government policy requirements, the needs of four superior courts of record, and to support the Canadian Judicial Council’s Blueprint for Security of Judicial Information.

Resource Pressures

Through its risk management and priority setting exercises, the Service has identified the financial pressures currently facing the organization as its most significant risk with respect to plans, priorities, performance and decision-making. 

Several factors have contributed to the current situation.  Principal among these is the requirement for the Service to fund 4 judicial officers and a number of deputy judges, for which no source of permanent funding has been identified. This represented an unfunded non-discretionary expense of over $4 million in 2010‑11 which resulted in the diversion of resources from other key priorities and areas of risk.

The government cost containment measures announced in Budget 2010, under which departments are required to absorb negotiated salary increases of their employees, have had a significant impact on service delivery organizations such as the Service whose reference levels are largely comprised of employee salaries.  The resulting shortfall for the Service will total approximately $1 million in 2011‑12.

Finally, fully 80% of the Operating and Maintenance expenses for the Service are contracted costs for primarily non-discretionary services which support the judicial process.  These include translation, court reporters and transcripts, Commissionaires, protection services, library purchases and subscriptions, and telecommunications.  These costs are increasing at a rate of approximately 2.3% per year due to inflation; this phenomenon is steadily eroding the purchasing power of the dollars available to address key areas.

The fundamental objective of the Service for the upcoming fiscal year is to continue working with the courts, central agencies, other departments and partners to address its current funding pressures and develop a sound, sustainable funding model.  Such a model would address the non-discretionary nature of many of the costs associated with supporting the four federal superior courts, and allow for long term planning to meet the needs and expectations of the courts and litigants. 

Expenditure Profile

 

[D]

NOTES:

In 2008‑09, the Service’s year-over-year spending increased by $7.5M. Bill C‑3 established new procedures relating to security certificates and, in particular, provided for the appointment of special advocates to represent the interests of a person named in a security certificate. Funding of $1.8M in 2008‑09 and $3.6M in 2009‑10 was provided to support this initiative. The Service also incurred in 2008‑09 a one year expenditure of $1.6M to relocate registry employees within the National Capital Region to 90 Sparks Street, Ottawa. Finally, salary expenditures were higher in 2008‑09, reflecting one-time employee back pay and signing bonuses resulting from the collective agreement signed that year.

In 2009‑10, the Service’s year-over-year spending decreased by approximately $1.9M. Temporary funding for addressing program integrity was discontinued from previous years. The negative impact of this funding reduction on the Service’s operations can be found throughout this document.

In 2010‑11, the Service’s year-over-year spending continued to decrease by $1.4M. This reduction along with the 2010 cost containment measures announced in the Federal Budget has created growing program integrity concerns for the Service., Funding under Bill C-3 was renewed in 2010‑11 for two additional years.

In 2011‑12, the Service’s year-over-year spending is increasing by $0.6M. In 2010, Bill C‑11, the Balanced Refugee Reform Act amended the Immigration and Refugee Protection Act to make changes to the refugee determination process, and to the Federal Courts Act to increase the judicial complement of the Federal Court. As a result, planned spending includes an amount of $3M to support six Federal Court judges. It is important to note that this additional funding only becomes available to the Service as judicial appointments are made by the Governor in Council based on workload and backlog considerations. This source of funding does not address the ongoing program integrity issue which is preventing the Service from focussing on pressing and substantial gaps and risks as described throughout this RPP.

Estimates by Vote

Estimates by Vote are presented in the 2011‑12 Main Estimates which are available here: http://www.tbs-sct.gc.ca/est-pre/20112012/me-bpd/info/info-eng.asp.

• Previous Page
• Table of Contents
• Next Page