ARCHIVED - RPP 2006-2007
Supreme Court of Canada

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I: Overview

A. Registrar's message

The Office of the Registrar of the Supreme Court has the task of supporting the Supreme Court of Canada, one of the key institutions in the country. The Supreme Court is the "general court of appeal" for Canada, and through its decisions, settles disputes submitted to it by the parties, and in the process leads the development of the nation's jurisprudence, which affects all Canadians. The goal of the Office of the Registrar is to ensure that Canadians are well served by their highest court.

To achieve this, the Office of the Registrar must facilitate the work of the Judges and take necessary steps to enhance access to the Court required by litigants and Canadian citizens. This Report on Plans and Priorities illustrates the vision which is intended to bring ongoing and tangible improvements to the services provided to the Judges, the legal community and the public at large. It reflects the commitment to institutional independence of the court within a framework of sound public management.

The challenges faced by the Office of the Registrar are numerous: a heavy workload, a dynamic technological environment, a heritage building and increased demands for access to the court. The Office of the Registrar will continue to utilize a strengthened risk management process and improved performance management framework to face these challenges and meet established goals. Key priorities for the coming year include the completion of the improvements required to the physical access to the building, the implementation of the Courtroom Audio Visual Information Technology project, and the full implementation of the Public Service Modernization Act.

The Office of the Registrar is fortunate to be able to rely on a dedicated and motivated team of managers and employees, who demonstrate, on an ongoing basis, the values fostered by the Public Service, democratic and professional values combined with ethical and people values. Management and staff are respectful of rules and traditions, but flexible and able to adapt to the changing needs of all its stakeholders. On this strong foundation, the Office of the Registrar will continue to contribute to the better administration of justice in Canada.

B. Management Representation Statement

MANAGEMENT REPRESENTATION STATEMENT
Report on Plans and Priorities 2006-2007

I submit for tabling in Parliament, the 2006-2007 Report on Plans and Priorities (RPP) for
The Office of the Registrar of the Supreme Court of Canada

This document has been prepared based on the reporting principles contained in Guide for the Preparation of Part III of the 2006-2007 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the TBS guidance;
• It is based on the department's approved Program Activity Architecture structure as reflected in its MRRS;
• It presents consistent, comprehensive, balanced and accurate 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.

 

Name: _____________________
Anne Roland

Registrar   
Title:_____________________

Date: _____________________

 

C. Summary Information

Mission - Reason for Existence

Mission of the Supreme Court of Canada As the final court of appeal, the Supreme Court of Canada serves Canadians by leading the development of common and civil law through its decisions on questions of public importance. The Court is committed to: The rule of law. Independence and impartiality. Accessibility to justice. The Office of the Registrar of the Court supports the Court by: Providing responsive legal and administrative services. Nurturing the dedication, pride and professionalism of its employees.

The mandate of the Supreme Court of Canada is to have and exercise an appellate, civil and criminal jurisdiction within and throughout Canada. It meets this mandate by hearing and deciding cases of public importance.

The Supreme Court of Canada is the highest court in Canada and one of its most important national institutions. It hears appeals from the decisions of the courts of appeal of the provinces and territories as well as from the Federal Court of Appeal. In addition, the Court is required to give its opinion on any questions referred to it by the Governor in Council.

The Court is comprised of the Chief Justice and eight Puisne Judges, all of whom are appointed by the Governor in Council.

The importance of decisions of the Court for Canadian society is well recognized. The Court assures uniformity, consistency and correctness in the articulation, development and interpretation of legal principles throughout the Canadian judicial system. Its jurisdiction is derived from the Supreme Court Act and other Acts of Parliament such as the Criminal Code.

More detailed information on the Court's responsibilities, the hearing process and judgments is available on the Internet
(http://www.scc-csc.gc.ca).

Mission of the Office of the Registrar of the Supreme Court of Canada

The Registrar answers directly to the Chief Justice, exercises quasi-judicial powers and is responsible for the administration of the Court. The principal responsibilities of the Office of the Registrar are to provide a full range of administrative and support services to the Judges and to manage the cases coming to the Court. The management of cases includes maintaining its records, scheduling hearings and ensuring the publication of decisions. Specific functions carried out by the Office of the Registrar include:

• Processing, recording, preserving and directing the flow of all documents filed by parties and recording all proceedings which take place during the life of a case.
• Providing information to litigants, the media and the public on the Court's processes and activities and scheduling of cases.
• Providing legal services to the Judges.
• Maintaining the Court Library and providing a full range of library and information services to Judges, staff of the Court and legal researchers.
• Publishing the Supreme Court reports.
• Providing administrative and operational support to the Judges and Court staff.
• Providing protocol services to the Judges to facilitate national and international exchanges.
• Providing a public information and tour program.

The Office of the Registrar is funded through a non-statutory appropriation. The entitlements to the Supreme Court Judges provided for in the Judges Act are funded through a statutory authority.

Resources

Financial Resources (in millions)

2006-2007	2007-2008	2008-2009
27.8	27.9	27.9

Human Resources (in Full-Time Equivalents)

2006-2007	2007-2008	2008-2009
190	190	190

Priorities

The Office of the Registrar of the Supreme Court of Canada has a single strategic outcome - to provide the best possible decision-making environment for the Supreme Court. The Court itself is fundamental to the Canadian judicial framework, and as such, supports all of the Government of Canada's outcomes, as reported in Canada's Performance 2005.

A listing of the Government of Canada's outcomes can be found at http://www.tbs-sct.gc.ca/report/govrev/05/cp-rc-eng.asp

The following table identifies the Office of the Registrar's priorities. Further detail is provided in the remainder of this document.

Departmental Priorities by Strategic Outcome Strategic Outcome: Process hearings and decisions

Priority	Type of Priority	Program Activity - Expected Result
Process cases without delay	Ongoing	Process hearings and decisions Process cases without delay Independence of the Court
Provide information	Ongoing	Process hearings and decisions Access to information Access to Court Services
Manage Risk	Previously committed to in 2004/05	Process hearings and decisions Sound Management
Build Capacity	Previously committed to in 2004/05	Process hearings and decisions Productive workforce

Planned Spending ($millions)

	2006-07	2007-08	2008-09
Process Cases Without Delay	21.0	21.6	21.6
Provide Information	3.1	3.1	3.1
Manage Risk	0.9	0.4	0.4
Build Capacity	2.8	2.8	2.8

D. Departmental Plans and Priorities

Operating environment

The environment within which the Office of the Registrar must carry out its activities is continually evolving. The legal environment is becoming increasingly complicated and technological advancements place ongoing pressure on the Court to update its facilities and services. In addition, the Office of the Registrar is faced with greater public demand for information and services, all in the context of a changing and highly complex judicial environment. The globalization of the law, democratization, human rights issues and the Canadian Charter of Rights and Freedoms create an environment where the Court is regularly faced with difficult and complex - and often high profile - issues for resolution. The pressure on the Court to "get it right" is unrelenting and daunting, which in turn places significant demands on the staff of the Office of the Registrar, who are required to undertake in-depth research and analysis, respond to requests for information from the public and media, and provide assistance to the litigants and lawyers.

Changes and trends in court administration include:

• New appointment process for judges to the Supreme Court. There will be more steps in the appointment process. This could result in a longer appointment process.
  
• Forthcoming changes in court administration. Forthcoming changes in the legal community will require the Court to become more adaptable to other court requirements and practices. For example, a report outlining the model policy regarding access to court records recently released by the Canadian Judicial Council will have implications for access to Court records. Further, changes to the Access to Information Act, and new privacy legislation, could have implications in terms of privacy, on-line access to court information, and access to employee information. The Office of the Registrar must take a pro-active role in preparing for these changes. The Canadian Judicial Council is also examining models for Canadian court administration that could have long term impacts on court administration in Canada.
  
• Continued focus on electronic exchange of information. There is an increasing and continuing expectation from stakeholders for electronic access (e.g., in the courtroom, legal information). Courts are adopting different e-filing practices depending on the nature of their caseload and the number of electronic cases from the lower courts is increasing. These highlight the need for greater interoperability with court users and between courts, and has important implications regarding public access to court files. In addition there is a need to develop common information standards with respect to the interoperability of the Court's case management system and its Electronic Document Management System, and how judicial information is created, kept and moved through the court system.
  
• Increasing number of cases involving secrecy, privacy and security concerns. Sealing of documents is becoming more frequent. Practices and policies on how to deal with sealed documents vary between provinces and courts, and the Court must be able to deal with these differences. This has many implications for the Court, including its ability to identify and manage sensitive court files, a more integrated approach by the Court, greater adaptability, increased tightening up of processes, additional safeguards in the case management system, and greater staff awareness.
  
• Increased sharing of information on processes and practices between courts. Increasingly, courts at the national and international level are sharing their experiences, on such matters as e-filing, case management and performance measurement. This sharing has become more forthcoming at an earlier stage, including successes, failures, and lessons learned. The Office of the Registrar is also increasingly working in close collaboration with other legal communities in Canada on e-filing and information and data management. These exchanges of information have become more structured, through such mechanisms as the Association of Canadian Court Administrators (ACCA), and the creation of other venues such as the proposed Canadian Court Centre of Technology (CCCT).

Increasingly, the delivery of Court services and information will need to be tailored to specific communities of stakeholders. More specifically:

• Stakeholders expect to be able to obtain services and information through various methods such as multi-channel service delivery. Stakeholders expect to be able to interface with the Court in different ways, electronically, through the web, by phone, or over the counter.
  
• Stakeholders expect an instant response. With improvements in technology such as e-mail, stakeholders have higher expectations in terms of obtaining immediate answers to their requests, finding information quickly and simply (e.g., through desktop delivery of integrated legal information), or obtaining information on new policies or legislation. Stakeholders want information that responds specifically to their request and is easy to understand.
  
• Stakeholders want greater access to Court information. In this regard, the media is demanding more information through lock-ups and the web. The public wants to attend Courtroom hearings which is putting increased pressure on the heritage Courtroom. The Court will need to decide on how much access to Court information and services it can afford to provide to the media and the public.

Risks

The Office of the Registrar has identified its risks at an organization-wide level and within each of its business sectors. The following risks are identified having highest priority:

• Ensuring the Office of the Registrar has the people with the required skills and abilities. The Office of the Registrar has a highly integrated approach to service delivery - any gap in staff resources has major implications for service delivery. Furthermore, back up is limited in the case of specialized positions. At the same time, it is becoming increasingly difficult to recruit staff in the case of specialized occupations within the federal public service. There is a need for a sustained focus on human resource and succession planning given the aging of the workforce and the impending loss of senior staff and corporate memory and expertise.
  
• Minimizing the risk of systems failure. Since the Court relies increasingly on information systems the risks associated with their potential failure is intensified. For example, the reliability of the Courtroom's audiovisual equipment, the efficiency and sustainability of the Case Management System, the introduction of robust internal processes to work with electronic documents (e.g., Electronic Document Management System), and the use of the internet to publish Court information, all call for a greater need to ensure systems remain available and preserve their integrity. Systems failure can result in the disruption of Court operations, delays in hearings, loss of information and loss of productivity. Equipment failures in the Court Room during the last year are an example of this ever present risk. The Court must therefore ensure that mitigation measures are in place and updated regularly (such as business resumption and business continuity plans) and that equipment is adequately maintained and updated through its lifecycle.
  
• Ensuring the security of the Judges, staff and visitors. The Office of the Registrar is cognizant of the fact that the Court is a potential target by virtue of its position in the Canadian judicial system. This has lead in the past to the conduct of a security audit stemming from the audit, the establishment of an enhanced security culture and awareness, strengthened roles and responsibilities, and the development of security policies and procedures. The latter, together with the finalization of the Court Business Continuity Plan, will continue into 2006/07.

Stakeholders and Strategic Relationships

The Office of the Registrar strives to meet the expectations of a wide range of stakeholders, including:

• Litigants - Litigants, including those who are self-represented, want responsive services, timely processing of cases, information about cases and access to Court files.
  
• Legal Community - Lawyers, academics and other legal professionals want easier access to case files, judgments, and the Court Library holdings. They also expect that the information can be provided to them by the Court in hard copy and electronic format.
  
• Other Courts - The Office of the Registrar is called upon to play a leadership role in the judicial community, through the exchange of best practices (e.g., lessons learned in e-filing, reporting of decisions) and other information (e.g., case management systems and procedures).
  
• Public and Media - The public and media demand access to Court case information and hearings through diverse delivery channels. They also want more detailed information about the inner workings of the Court, its Judges, its building, and the Court's history and place in Canadian society.
  
• International Judicial Community - The Judges and senior administrators of the Court are called upon by the international community to contribute to dialogues on globalization of the law, democratization, the development and protection of human rights and best practices in court administration. The Court is called upon to play an active role as a member of the international community of judges and jurists. This requires visits, protocol arrangements and memberships in international associations; as such, responsive and appropriate services must be provided to support these prestigious activities.

Plans and Priorities

As in previous years, the key priority of the Office of the Registrar for 2006-07 is the on-going processing of cases without delay. Other supporting priorities are to provide information, manage risks, and continue to build capacity in terms of people, information management/technology, processes and facilities. These priorities are summarized in the chart below and discussed in further detail in the text that follows.

Priorities of the Office of the Registrar

Click image to enlarge

Process cases without delay

Since the fundamental and on-going priority of the Court is to hear cases and render decisions in a timely fashion, it follows that the ultimate and fundamental priority of the Office of the Registrar is to process cases without delay. The Office of the Registrar strives to process hearings and decisions promptly and provide the required level of support to the Court. The focus of the Office of the Registrar will continue to be to maintain stakeholder satisfaction, maintain high standards of quality, process cases faster and eliminate case backlogs. Dealing with workload pressures will continue to be a concern as the volume and complexity of the cases brought before the Court is beyond its control.

Provide information

The Office of the Registrar has made strong efforts in recent years to develop its outreach/education program in order to improve access to Court information by external stakeholders (e.g., public, media, and legal community) and foster an increased understanding of the Court and its role. Existing outreach activities include education programs, media relations, international relations, protocol activities and Web communications. Efforts have also been made to improve access to case decisions and historical case information, and to provide the media better access to Court decisions. The priorities for 2006-2007 will be developing a strategy to implement a policy for electronic access to Court records taking into consideration the model policy recommended by the Canadian Judicial Council, and taking a lead role in the planning and organization of the Association of Canadian Court Administrators (ACCA) and Canadian Association of Law Libraries (CALL) conferences.

Manage risks

The Office of the Registrar has made progress in implementing an integrated approach for identifying, assessing and managing all risks facing the Court and recently developed new policies and processes for dealing with sensitive court files. Security remains an ongoing key concern in terms of risk management, and there continues to be a sustained focus on improving the security regime and implementing the recommendations of the recent security audit. The modernization of the Courtroom audio visual and information technology is considered a key project as the equipment failures in the Courtroom must be minimized.

Build people capacity

The Office of the Registrar will continue to align its human resource practices to the requirements of the Public Service Modernization Act, and implement a number of activities within the overall framework of HR Modernization, the main focus being on staffing. Another key priority during 2006/2007 will be HR planning and the integration of HR planning, in particular succession planning, with business planning so as to ensure the Office of the Registrar has the people with the appropriate skills and abilities. This will allow for better risk management in Human Resources.

Build information management/technology capacity

The Office of the Registrar has been implementing a multi-year information management and technology strategy for managing and accessing information. This undertaking includes the Intranet/Internet, systems and repositories for communicating information, storage and handling of archival information, and preservation of electronic information through a variety of stable and tested formats (e.g., migration to DVD, microform). The intent is to reduce duplication of information, improve the ability of the Office of the Registrar to respond effectively to requests for information, and support the sharing and transfer of knowledge. Electronic document management will continue to be the primary focus over 2006-2007—the Electronic Document Management System (EDMS) Phase II project will provide better tools to standardize classification, storage and retention of Court information and records, allow for an interface with the Case Management System, and establish the infrastructure necessary to provide functional e-filing services to external stakeholders.

Another key focus will be the development of a new Library Management System (LMS) that will improve service through the integration of the Court's print and electronic legal research resources, and enhance the functionality and connectivity of the system with third parties.

Build processing capacity

The Office of the Registrar will continue to focus on service improvement, performance measurement, and to improve the rules of practice of the Court and to correct service deficiencies as they arise. A key focus of the upcoming fiscal year will be the implementation of workflow changes resulting from the Electronic Document Management System (EDMS) and Library Management System (LMS) enhancements, and a more integrated approach to business planning that incorporates both HR and asset planning.

Improve facilities

Two facilities projects identified in last year's RPP are still underway (though the scope of these projects has changed). These are:

• Courtroom Audio Visual and Information Technology Project - The Court hears cases in the main courtroom, one of the most significant and symbolic rooms in the country. Hearings are open to the public, and via television broadcast, can be watched throughout the country by all Canadians. The Court also wishes to make its hearings available via the internet. The Court requires reliable audio-visual services (including video conferencing and translation) within the courtroom during hearings. In addition, the Court requires an improved information technology capacity within the courtroom, in particular to accommodate electronic filing and modern presentation techniques. The current equipment is experiencing failures during hearings, and further failures are increasingly likely. This, combined with the fact that replacement parts for the current equipment are becoming increasingly difficult and often impossible to obtain, makes future repairs more costly. The Court has submitted its business case and request for funding to implement the required changes. Should funding become available the Court plans to deliver on the bulk of this project in 2006-07.
• Redesign and refit the East Entrance - This project began in 2005-06 to optimize the use of available space, and address security and accessibility concerns. Construction will be completed in 2006-07.

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