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ARCHIVED - RPP 2007-2008
Public Prosecution Service of Canada


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SECTION I – OVERVIEW

Message from the Attorney General of Canada

Robert Douglas NicholsonOne of Canada's New Government's commitments was to establish a new, independent federal prosecution service to prosecute criminal offences under federal jurisdiction. I am pleased to report to Parliament that this new organization, established under the authority of the Director of Public Prosecutions Act and launched on December 12, 2006, delivers on that commitment.

The new Public Prosecution Service of Canada (PPSC) fulfils my responsibilities as Attorney General of Canada for: the prosecution of Criminal Code offences for which the federal government has jurisdiction; all non-Criminal Code federal offences throughout the provinces; all Criminal Code and non-Criminal Code offences in the three territories; and to provide prosecution-related advice to law enforcement agencies and investigative bodies.

The PPSC has the primary functions of the former Federal Prosecution Service, in addition to new mandates for the prosecution of new fraud provisions under the Financial Administration Act and prosecutions under the Canada Elections Act.

The PPSC prosecutes criminal offences under federal law in a manner that is independent of any improper influence and respects the public interest. In support of this strategic outcome, the PPSC is responsible for:

  • the prosecution of drug, organized crime and Criminal Code offences;
  • the prosecution of federal offences to protect the environment, natural resources, economic and social health;
  • addressing criminal issues, in the context of prosecutions to contribute to a safer world for Canada; and
  • promoting a fair and effective justice system that reflects Canadian values within a prosecutorial context.

The PPSC will provide an annual report to Parliament in June of each year on its performance, in keeping with the Government of Canada's commitment to transparency and accountability, beginning with a report on its first six months of operation in June 2007.

The PPSC plays an important role as a national prosecution service and as an integral part of the criminal justice system. Its advisory and prosecution work touches on international, national, regional and community-level interests across Canada. The PPSC works closely with international, federal, provincial and territorial Heads of Prosecution and other key stakeholders, investigative agencies and international partners to strengthen the criminal justice system.

The dedicated people of the PPSC subscribe to a code of ethics that is shared by the International Association of Prosecutors and provincial prosecution services across Canada. I am confident that they will continue to diligently serve the public interest in their work.

Nicholson Signatue

The Honourable Robert Douglas Nicholson
Attorney General of Canada

 

 

Management Representation Statement

Brian Suanders PhotoI submit for tabling in Parliament, the 2007-2008 Report on Plans and Priorities (RPP) for the Public Prosecution Service of Canada.

This document has been prepared based on the reporting principles contained in Guide for the Preparation of Part III of the 2007-2008 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 organization's strategic outcome and Program Activity Architecture that were approved by the Treasury Board;
  • It presents consistent, comprehensive, balanced and reliable 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 planned spending approved by the Treasury Board Secretariat.

Brian Suanders Signature

Brian Saunders
Acting Director of Public Prosecutions

 

 

Program Activity Architecture (PAA) Crosswalk from Old PAA to New PAA for 2007-2008 Main Estimates


2007-2008
($ millions)
Prosecution of drug, organized crime and Criminal Code offences (New)
Prosecution of federal offences to protect the environment, natural resources, economic and social health (New)
Addressing criminal issues, in the context of prosecutions, to contribute to a safer world for Canada (New)
Promoting a fair and effective justice system that reflects Canadian values within a prosecutorial context (New)
Total
B.2 Providing Prosecution Services (Old)
99.2
19.9
5.1
1.1
125.3

Under the Program Activity Architecture approved by Treasury Board ministers for the Public Prosecution Service of Canada, the Strategic Outcome for which the PPSC is responsible is to: Prosecute criminal offences under federal law in a manner that is independent of any improper influence and respects the public interest. The four key program activities in support of this Strategic Outcome are described above.

The predecessor organization to the Public Prosecution Service of Canada – the Federal Prosecution Service – reported to Parliament under the Department of Justice Strategic Outcome II: A federal government that is supported by effective and responsive legal services, and specifically under Program Activity B. 2 Providing Prosecution Services.

 

Summary Information


Reason for Existence

The Public Prosecution Service of Canada (PPSC) is responsible for the prosecution of criminal offences under federal law in a manner that is independent of any improper influence and respects the public interest.

The PPSC plays an integral role in the criminal justive system. Sound and effective prosecutorial advice at the investigative stage – and well planned prosecutions – promote due process and work to safeguard the rights of all those who come into contact with the criminal justice system.

Role of the Public Prosecution Service of Canada

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

  • The duty to act independently in making decisions related to criminal prosecutions.
    • This constitutional principle recognizes that decisions to prosecute, stay proceedings or launch an appeal must solely be made in accordance with legal criteria, and rest solely with the Attorney General and his or her counsel. The public interest must be taken into account, but not considerations of a partisan political nature.
  • The duty to act independently in providing prosecution-related legal advice to government.
    • While prosecution-related advice to law enforcement and other federal investigative agencies will take into account the agency's legal and policy setting, the prosecutor can not be drawn into the agency's policy making and program administration such that his or her ability to provide impartial, accurate and effective legal advice is undermined.

Benefits to Canadians

The benefits to Canadians from the activities of the PPSC include:

  • Promotion of effective investigations, the rule of law, and respect for the rights of Canadians through the provision of pre-charge legal advice to investigative agencies;
  • Appropriate enforcement of Canada's organized crime and drug 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.

 


Financial Resources ($ millions)
2007-2008
2008-2009
2009-2010
125.3
127.9
125.5


Human Resources
2007-2008
2008-2009
2009-2010
724 FTE
739 FTE
725 FTE

 

Planned Spending by Strategic Outcome and Supporting Program Activity ($ millions)


Strategic Outcome: Prosecute criminal offences under federal law in a manner that is independent of any improper influence and respects the public interest.
2007-2008
2008-2009
2009-2010
Prosecution of drug, organized crime and Criminal Code offences
99.2
102.9
101.5
Prosecution of federal offences to protect the environment, natural resources, economic and social health
19.9
19.0
18.2
Addressing criminal issues, in the context of prosecutions, to contribute to a safer world for Canada
5.1
5.0
4.8
Promoting a fair and effective justice system that reflects Canadian values within a prosecutorial context
1.1
1.0
1.0
Total
125.3
127.9
125.5

 


Departmental Priorities
Program Activity - Expected Result ($ millions)
Planned Spending
Estimated Planned Spending
Estimated Planned Spending
Estimated Planned Spending
2007-2008
2008-2009
2009-2010
Priority A: Prosecuting criminal offences under federal law

S.O. I Program activity A.1: Prosecution of drug, organized crime and Criminal Code offences

Expected results: Decisions on merit. Effective pre-charge interventions/advice

S.O. I Program activity A.2: Prosecution of federal offences to protect the environment, natural resources, economic and social health

Expected results: Decisions on merit. Effective pre-charge interventions/advice

S.O. I Program activity A.3: Addressing criminal issues, in the context of prosecutions, to contribute to a safer world for Canada

Expected results: Decisions on merit. Effective pre-charge interventions/advice

124.2
126.9
124.5
Priority B: Contributing to strengthening the criminal justice system

S.O. I Program activity A.4: Promoting a fair and effective justice system that reflects Canadian values within a prosecutorial context

Expected results: Prosecutorial advice is provided to law enforcement agencies. Initiatives are undertaken with provincial and territorial heads of prosecution, and other stakeholders to improve the justice system.

1.1
1.0
1.0
Priority C: Addressing the Sustainability of the Public Prosecution Service of Canada

S.O. I Program activities A.1 to A.4:

Expected results: Ability of PPSC to deliver on its core mandate, and achieve the expected results of the program activities.

     

 

Operating Environment

The Public Prosecution Service of Canada is a small organization with 670 employees. As a national prosecution service, it provides its services through a network of offices located in every region of Canada. The majority (60%) of its employees are prosecutors. They are supported by other professionals including senior managers, paralegals, administrators, and corporate services staff. In addition, the PPSC employs the services of private sector agents in regions where it is more cost-effective than to have a sub-office or counsel on travel status, or where the demand for prosecution services exceeds available staff resources. The PPSC currently has some 250 standing agent firms across Canada, representing 810 individually appointed counsel.

The predecessor to the PPSC, the Federal Prosecution Service, worked on a total of 59,012 litigation files in 2005-2006. Of this total, 86.1% were in the program area of prosecution of drug, organized crime, and Criminal Code offences; 9.3% involved the prosecution of federal offences to protect the environment, natural resources, economic and social health; 1.0% addressed criminal issues related to contributing to a safer world for Canada; and the remaining 3.6% focussed on related litigation issues.

The volume does not tell the entire story. A small percentage of highly complex cases absorbs a disproportionate share of the total resources of the PPSC. By way of example, organized crime cases represented less than 2% of the litigation caseload in 2005-2006 but 24% of the litigation time of PPSC counsel. A relatively small change in the number of organized crime cases, in response to strengthened law enforcement efforts across Canada, has a disproportionate impact on the demand for prosecutorial resources. A single mega-case can absorb more prosecutorial resources than a thousand low-complexity cases.


The PPSC Role from the Onset of the Police Investigation to Prosecution

The mandate of the PPSC is to provide prosecutorial advice and litigation support to all law enforcement agencies, and to act as prosecutor on all matters prosecuted by the Attorney General of Canada on behalf of the Crown. The PPSC prosecutes cases under federal statutes that are referred to it by federal police, other federal investigative agencies, RCMP contract police, provincial police forces and municipal police forces.

The PPSC is therefore always responding to the priorities and resources invested by these police forces. It does not control the volume of work it receives from police forces – a factor which influences the sustainability of its operations. Increased policing effort on drugs and organized crime leads to increased demands for PPSC services. Legal trends also impact on its prosecution costs.

The PPSC's prosecution-related work should be considered on the basis of a continuum rather than as a result of the institution of a specific criminal charge. Prosecution-related advice during the police investigation has become crucial to ensure that police techniques and procedures are consistent with the evolving rules of evidence and the Canadian Charter of Rights and Freedoms' protections. 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. This is particularly important with respect to highly complex cases, and the benefits of this investment have been noted in a recent evaluation of the Measures to Combat Organized Crime Initiative.


Factors Affecting Operating Context

Globalization: Globalization has introduced new and powerful dangers to national and global security, notably, terrorism, organized crime, trafficking in human beings, telemarketing fraud, money laundering, and drug-trafficking. International criminal networks exploit national borders in an attempt to thwart the efforts of authorities in their battle to prevent trans-national crime. This new world reality has made it imperative for Canada 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.

Stand Up for Security: The PPSC will have an important role to play in supporting the government's initiatives to reduce the level of criminal activity and strengthen the criminal justice system to protect Canadians and communities.

Operational Trends: There are a number of important operational trends affecting prosecution costs. These range from the rapid growth in organized crime and mega-cases, to the rapid growth in serious drug offences. The cost of prosecuting organized crime and mega-cases is far greater than simple possession drug cases, since the former types of cases often involve multiple accused and charges, complex evidence (both factually and legally), international dimensions, extensive disclosure and numerous pre-trial applications.

Legal Trends: Substantive law and practice trends are also important factors influencing operations. The PPSC closely monitors these trends, and develops strategies to address them with key stakeholders.

Federal/provincial/territorial cooperation within the prosecution community: There are shared issues and challenges faced by the federal and provincial prosecution services, which benefit from collaboration under the leadership of the federal/provincial/territorial Heads of Prosecution. This collaboration with key stakeholders in the criminal justice system is an important element of the operating context of the PPSC.

Provision of Support Services: At the moment, the PPSC is in very large part dependent on the Department of Justice for its administrative and corporate services. As the PPSC builds up capacity in these areas, this dependency will decrease.