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Message from the Attorney General of Canada

The Public Prosecution Service of Canada (PPSC) is a key player in Canada’s fight against crime and a leader in the criminal justice field. It is responsible for prosecuting cases under federal law and for providing high-quality legal advice to investigative agencies, work that helps to make Canada a safer society governed by the rule of law.

This report outlines the PPSC’s program and planning activities, and sets out how the PPSC will approach its mandate in the coming year. It demonstrates the PPSC’s ongoing commitment to excellence in all aspects of its work.

I am confident that the PPSC will continue to serve Canadians with the integrity and leadership for which it is known.

____________________________________
The Hon. Rob Nicholson, P.C., M.P., Q.C.
Minister of Justice and Attorney General of Canada

Message from the Director of Public Prosecutions

I am pleased to present the 2011-2012 Report on Plans and Priorities for the Public Prosecution Service of Canada.

The PPSC is an independent and accountable prosecuting authority, with a mandate to provide prosecutorial services and advice across Canada in a manner that is fair, impartial, and objective.

This report sets out how the PPSC plans to continue to deliver on this mandate in the coming year. It also identifies our corporate and management priorities in support of our mandate.

The PPSC faces ongoing challenges in areas including workload and resourcing, but PPSC staff continue to meet those challenges while demonstrating our key values: respect, integrity, excellence, and leadership.

_________________________
Brian Saunders
Director of Public Prosecutions

Section I—Overview

1.1 Summary Information

Raison d’être

The mandate of the Public Prosecution Service of Canada (PPSC) is set out in the Director of Public Prosecutions Act¹. The Act calls on the PPSC to provide prosecutorial advice to law enforcement agencies, and to prosecute matters on behalf of the Crown that are within the jurisdiction of the Attorney General of Canada. The PPSC’s sole strategic outcome is the prosecution of criminal and regulatory offences under federal law in a manner that is independent, impartial and fair.

The PPSC prosecutes offences under federal jurisdiction in a manner that is free of any improper influence and that respects the public interest. Its work directly supports the Government’s efforts to ensure the safety and security of communities across Canada.

The PPSC plays an integral role in the criminal justice system, promoting due process and working to safeguard the rights of all those who come into contact with the system. The benefits to Canadians from the work carried out by the PPSC include:

• provision of legal advice to police forces and federal investigative agencies on the criminal law implications of investigations and prosecutions;
• appropriate enforcement of federal laws through principled and independent decisions by prosecutors; and
• confidence in the administration of justice through professionally conducted prosecutions that result in a judicial determination on the merits of the evidence.

The PPSC is a national prosecution service with a network of offices across Canada. As of March 31, 2010, it had 920 employees², the overwhelming majority of whom were staff prosecutors and paralegals as well as the support staff who assist them. The remainder included senior managers, administrators, and corporate services staff.

The PPSC also employs the services of private-sector legal agents in locations where it does not have an office or where it is impractical or otherwise not cost-effective for staff counsel to handle cases. As of January 2011, the PPSC had retained some 225 standing agent firms across Canada, representing approximately 540 individually appointed counsel.

Responsibilities

The PPSC undertakes key duties on behalf of the Attorney General of Canada. These duties, to be carried out in an objective and non-partisan manner, are:

• The duty to act independently in making decisions related to prosecutions – This constitutional principle recognizes that decisions to prosecute, stay proceedings or launch an appeal must be made solely in accordance with legal criteria. The public interest must be taken into account, but not considerations of a partisan political nature. For regulatory prosecutions, public interest considerations must also take into account the regulatory goals of the legislation.
• The duty to act independently in providing prosecution-related legal advice – While prosecution-related advice to law enforcement and other federal investigative agencies will take into account the agencies’ legal setting, prosecutors cannot be drawn into the agencies’ policy making and program administration such that their ability to provide impartial and effective legal advice is undermined.

The PPSC is not an investigative agency. It prosecutes cases under federal statutes that are referred to it by the Royal Canadian Mounted Police (RCMP), other federal investigative agencies, provincial police forces and municipal police forces.

The PPSC is part of the criminal justice continuum, which includes investigative agencies, law enforcement, and courts. Prosecution-related advice during investigations can be crucial to ensuring that investigative techniques and procedures are consistent with evolving rules of evidence and the protections afforded by the Canadian Charter of Rights and Freedoms. The advantage of early prosecutorial advice includes reducing the risk that operational decisions, such as those about methods of obtaining evidence, will detrimentally affect the admissibility of evidence at trial or the constitutional rights of Canadians.

Strategic Outcome and Program Activity Architecture (PAA)

The PPSC has one strategic outcome and three program activities, as illustrated in the following chart.

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1.2 Planning Summary

The following tables provide a summary of the total planned spending for the PPSC for the next three fiscal years.

Financial Resources ($ millions)

2011-12	2012-13	2013-14
167.9	157.6	157.2

 

Human Resources (Full-Time Equivalent—FTE)

2011-12	2012-13	2013-14
1000	1000	1000

Planning Summary Table

Strategic Outcome: Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner
Performance Indicators	Targets
Number and nature of judicial stays for abuse of process based on the conduct of a federal prosecutor.	Zero
Number and percentage of successful malicious prosecution lawsuits.	Zero
Number and nature of substantiated complaints regarding the PPSC’s independence, impartiality or fairness.	Zero

 

Program Activity3	Forecast Spending ($ millions)	Planned Spending ($ millions)			Alignment to Government of Canada Outcomes
	2010-11	2011-12	2012-13	2013-14
Program Activity #1: Drug, Criminal Code, and terrorism prosecution program	111.4	121.0	118.1	117.8	Social Affairs: A safe and secure Canada
Program Activity #2: Regulatory offences and economic crime prosecution program.	17.4	19.6	19.0	19.0
Program Activity #3: Internal Services	23.4	27.3	20.5	20.4
Total	152.2	167.9	157.6	157.2

 

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Contribution of Priorities to Strategic Outcomes

Operational Priorities	Type	Description
Prosecuting offences under federal law	Ongoing	Why is this a priority? A central element of the PPSC’s legal mandate is to prosecute matters on behalf of the Crown that are within the jurisdiction of the Attorney General of Canada. Plans for meeting the priority Prosecute cases under more than 60 federal statutes4 where charges are laid by the RCMP, other federal investigative agencies, as well as by provincial and municipal police forces. Continue joint planning with partners to remain in step with investigative priorities and anticipate their impact on the various prosecution areas.
Providing legal advice to investigative agencies	Ongoing	Why is this a priority? Prosecution-related advice during police investigations, particularly large-scale and complex investigations, is crucial to ensure that investigative techniques and procedures conform with the evolving rules of evidence and the protections found in the Canadian Charter of Rights and Freedoms. Plans for meeting the priority Maintain specialized teams of prosecutors that are dedicated to prosecutions where expert knowledge of specific legislation is required, for example, economic crime prosecutions. Work cooperatively with investigative agencies, providing advice and litigation support during the investigative stage of highly complex cases.
Contributing to strengthening the criminal justice system	Ongoing	Why is this a priority? The PPSC contributes to the government priority of strengthening the criminal justice system across Canada and improving its efficiency. Plans for meeting the priority Continue implementing a vision for Law Practice Management. Provide regular training to staff prosecutors, agents and investigators, and promote federal/provincial/territorial (FPT) cooperation within the prosecution community on shared issues. Promote continued cooperation through participation in meetings of the FPT Deputy Ministers of Justice, and membership in the FPT Heads of Prosecution Committee and various related sub-committees.

 

Management Priorities	Type	Description
Measuring organizational performance	Previously committed to	Why is this a priority? Sound performance measurement processes and tools help manage operational performance and enhance the planning, monitoring and reporting process. Plans for meeting the priority Continue to refine the PPSC’s performance measurement strategy and framework. Improve the capabilities of internal systems to supply the required data to support performance indicators relating to corporate functions and improve operational indicators relating to prosecution and other activities.
Engagement and employee development	Previously committed to	Why is this a priority? This priority is an evolution of the previous priority of “Recruitment and retention”. The PPSC recognizes that its employees are essential to its success and values their contributions. The PPSC seeks to offer employees a rewarding career with diverse opportunities and intellectually challenging work. It seeks to engage employees to foster a healthy, respectful environment and preserve corporate knowledge. Plans for meeting this priority Incorporate employee satisfaction and engagement into the human resources planning cycle in order to identify and address key employee engagement issues. Develop strategies to ensure a healthy and respectful workplace. Develop a national engagement and outreach strategy and a national orientation initiative. Create a career path for all employees. This includes finalizing the LA (Law Group) Framework - Ensuring Excellence Initiative in order to develop a comprehensive and integrated approach linking organizational and talent management initiatives, such as recruitment, learning and development, advancement and overall management of prosecutors.
Safety and security of employees	Previously committed to	Why is this a priority? Ensuring the safety and security of its employees is of paramount importance to the PPSC. Due to the nature of their work, PPSC employees face the risk of direct and indirect threats to their safety. Plans for meeting the priority Proceed with the development of the Employee Protection Plan. Develop and implement a formal Security Awareness Program. Continue to work closely with police forces and the FPT Heads of Prosecutions Committee to share information on security threats, issues and mitigation strategies.

1.3 Risk Analysis

Operational Trends

The PPSC’s total volume of litigation files for 2009-10 reached 76,292, compared to 74,674 litigation files handled in 2008-09. Of this total, approximately 87% were within the drug, Criminal Code and terrorism offences prosecution program, whereas close to 13% involved the prosecution of federal regulatory offences and economic crime.

A small percentage of highly complex cases absorb a disproportionate share of the PPSC’s resources. By way of example, drug mega cases and drug cases of high complexity represented 1.33% of the litigation caseload of PPSC staff counsel in 2009-10 but approximately 22% of the recorded litigation time. Thus, a single mega case can absorb more prosecutorial resources than several hundred low-complexity cases.

Collaboration with key stakeholders in the criminal justice system is an ongoing and important element of the PPSC’s operating context. Since federal and provincial prosecution services face common issues and challenges, they benefit from collaboration under the leadership of the Federal/Provincial/Territorial (FPT) Heads of Prosecution Committee. The Committee will continue its work to promote inter-jurisdictional cooperation and assistance on such operational issues as quality assurance, organized crime prosecutions, concurrent jurisdiction, proceeds of crime, expert witnesses and prosecutor training and security.

External and Internal Influences Facing the PPSC

International crime networks: The globalization of crime networks poses significant dangers to national and global security. These networks are involved in organized crime, engaging in such activities as trafficking in human beings, telemarketing fraud, money laundering, drug trafficking and terrorism. International criminal networks exploit national borders in an attempt to thwart the efforts of authorities in their battle to prevent trans-national crime. This global reality has made it imperative for the PPSC and other organizations to work more effectively with international partners to challenge the serious threats posed by these international criminal networks, to uphold the rule of law, and to enhance safety and security at home and abroad. The PPSC has taken the lead with the Manitoba Prosecution Service, in establishing crimorg.ca, a web-based resource for federal and provincial prosecutors involved in prosecuting criminal organizations. In 2011-12, the PPSC will continue to work with several international bodies such as the International Association of Prosecutors, the Heads of Prosecuting Agencies Conference, the International Network to Promote the Rule of Law, the United Nations Office on Drugs and Crime and the Centro de Estudios de Justicia de las Americas (based in Santiago, Chile).

The North: Recruitment and retention continue to be a challenge in PPSC regional offices in the three northern territories. Crown prosecutors assigned to the North often face the stressful working conditions and pressures associated with, among other things, isolation, cultural differences, lengthy travel and elevated rates of violent crime. Northern prosecutors and Crown Witness Coordinators are required to travel on court circuits and often spend many days away from their homes and families. Prosecutors and Crown Witness Coordinators can also be subject to the effects of vicarious trauma due to the nature of the work they do. As a result, the PPSC will continue to offer training to assist in countering these effects.

Despite the challenges inherent to the PPSC’s work in the North, this work presents many professional and personal opportunities. Convinced that the opportunities provided by Northern prosecutions were not widely known, the PPSC launched a recruitment strategy in February 2010. This included public notices aimed at attracting candidates to the unique environment of North and the experiences that can be gained from working and living there. The recruitment strategy resulted in the hiring of five Crown prosecutors in Nunavut during 2010-11; however, retention and recruitment challenges are ongoing in Nunavut, as well as in the Yukon and Northwest Territories.

Workload: The PPSC has no control over the number of cases referred to it for prosecution by the police and other investigative agencies that lay charges under federal statutes. Its workload, therefore, is largely based on the decisions of these entities regarding investigative priorities, tactics and allocation of resources. For example, increases in drug enforcement or investigative resources can significantly affect the nature and volume of the PPSC caseload. Similarly, changes in tactics to focus on the upper echelons of organized crime groups rather than on individuals in the lower ranks affect the complexity and cost of prosecutions. The PPSC’s caseload of new files has increased on average by 2.3% per year since it was established in December 2006. In 2009-10, it handled 76,292 cases.

Resourcing issues: For 2011-12 and 2012-13, the Government has imposed a freeze on departmental operating budgets, thereby requiring federal organizations to fund salary increases and other costs from reallocations within their current budget levels. Accordingly, the PPSC must reallocate resources in order to fund the growth in legal staff arising from increases in workload intake over which it has no control, and cover overtime costs for the Law Group (according to the terms of a new collective agreement).

Since its creation in late 2006, the PPSC has been working to reach full capacity for the delivery of corporate services. Although it has succeeded in supporting the delivery of its core prosecution functions, in fulfilling corporate accountabilities and meeting planning and reporting obligations, intermittent funding shortfalls have impeded the PPSC’s capacity to fully and optimally build a long-term corporate services capacity. Additional operational requirements relating to IM/IT and to Accommodations (for the relocation of PPSC offices from Department of Justice premises) are also unfunded.

In addition, the PPSC is faced with the challenge of developing a uniform approach for recovering costs from departments and investigative agencies for prosecutions of regulatory offences that fall under the statutes they administer.

Workforce issues: The first collective agreement for lawyers in the federal public service, which was entered into in 2009-10, continues to present challenges to both managers and employees. In addition, the PPSC will have to adjust to the creation in late 2010, of a new occupational group for managers. This new group of lawyers will be distinct from lawyers who are practitioners.

Competition for resources: Some regional offices continued to face recruitment and retention challenges in 2009-10. In a number of provinces, the salaries paid to provincial prosecutors exceed those paid to PPSC lawyers. The PPSC will continue to undertake focused recruitment efforts, as well as post-secondary recruitment activities. To ensure that the PPSC remains an employer of choice, it has also introduced a People Management Strategy, covering 2009 to 2014, that guides the PPSC’s activities with respect to human resources planning, recruitment, employee engagement and enabling infrastructure.

Security: Ensuring the safety and security of its employees is a PPSC priority. Due to the nature of their work, PPSC employees may be exposed to threats and intimidation. The PPSC is establishing an Employee Protection Program to help protect employees against threats and incidents of intimidation. Business Continuity Plans are being developed for each office to ensure the continued delivery of services in the event of contingencies such as a pandemic illness.

1.4 Expenditure Profile

As noted in the financial resources summary presented in Section 1.2 above, the PPSC plans to spend $167.9 million in 2011-12 to achieve the expected results of its program activities and to contribute to its strategic outcome. The following chart illustrates the PPSC’s spending trends from 2009-10 to 2013-14.

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The increase from 2009-2010 to 2010-2011 is due to the staffing of additional positions. The increase in 2011-2012 is due to the relocation of HQ offices, and the anticipated transfer of budget surplus from 2010-2011.

It should be noted that the PPSC underwent a strategic review in 2009-10 under the government-wide initiative led by the Treasury Board Secretariat, and that it will begin reporting on progress made in implementing approved reallocation proposals in the 2011-12 Departmental Performance Report.

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.

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