Departmental Performance Report 2011-12

PDF version

Section II: Analysis of Program Activities by Strategic Outcome

Strategic Outcome I: A fair, relevant and accessible justice system that reflects Canadian values

Strategic Outcome I - A fair, relevant and accessible justice system that reflects Canadian values

Description

This diagram presents the section of the Department of Justice Canada's Program Activity Architecture (PAA) that corresponds to Strategic Outcome I: A fair, relevant and accessible justice system that reflects Canadian values. It consists of four levels of activity assembled in a hierarchy. The activities, in order from top to bottom, are: Government of Canada Outcome Area, Strategic Outcome, Program Activities, and Sub-activities.

Government of Canada Outcome Area:

  • Social Affairs – A safe and secure Canada

Strategic Outcome:

  • SO I – A fair, relevant and accessible justice system that reflects Canadian values; supports Government of Canada Outcome Area Social Affairs – A safe and secure Canada.

Program Activities:

  • Program Activity A1 – Justice policies, laws and programs supports SO I; and
  • Program Activity A2 – Office of the Federal Ombudsman for Victims of Crime, supports SO I.

Sub-activities:

  • Five sub-activities support Program Activity A1– Justice Policies, Laws and Programs:
    • A1.1 Criminal Justice;
    • A1.2 Family Justice;
    • A1.3 Access to Justice;
    • A1.4 Aboriginal Justice; and
    • A1.5 Private International and Public Law.
  • Program Activity A2– Office of the Federal Ombudsman for Victims of Crime has no supporting Sub-activities.

Ensuring that Canada’s system of justice is fair, relevant and accessible and that it reflects Canadian values is a responsibility that does not lie with the Department of Justice alone, rather, it involves a broad range of players including Parliament; the judiciary; federal departments and agencies; partners in provincial, territorial and municipal governments; a broad range of non-governmental organizations and stakeholders; and ultimately, all Canadians.

The Department plays a fundamental role by establishing, maintaining and refining the national legal framework. It also exercises a leadership role in consulting and collaborating with federal, provincial, territorial, municipal and non-governmental partners to identify and address issues that affect the fairness, relevance and accessibility of the Canadian justice system.

This Strategic Outcome is supported by two program activities: Justice Policies, Laws and Programs and the Office of the Federal Ombudsman for Victims of Crime.

Program Activity A1: Justice Policies, Laws and Programs

Program Activity Description

Under Canada’s federal system, justice is an area of shared jurisdiction between the federal government and the provinces and territories. Through this program activity, the Department fulfils its responsibility to ensure a bilingual and bijural national legal framework for the administration of justice by developing policies and laws and testing innovative approaches to strengthen the framework within the following domains: criminal law, youth criminal justice, sentencing, marriage and divorce, access to justice, and Aboriginal justice. Through this program activity, the Department also provides significant ongoing funding to provinces and territories in support of their responsibilities for the day-to-day administration of justice.


2011–12 Financial Resources ($ millions)
Planned Spending Total AuthoritiesTable note Actual SpendingTable note
430.0 441.6 426.7
Table note †

Excludes amount deemed appropriated to Shared Services Canada.

Return to table note referrer

2011–12 Human Resources (Full-Time Equivalents [FTEs])
Planned Actual Difference
383 357 26
Performance Summary and Analysis of Program Activity
Justice Policies, Laws and Programs
Expected
Results
Performance
Indicators
Targets Footnote 7 Actual Results
A sustainable national justice system
Per capita spending by all levels of government in Canada on the justice system Not available Data on spending by all levels of government in Canada on the justice system is not available.Footnote 8
  • Police-reported crime rate
  • Crime Severity Index
There was a 6% decline in the overall police-reported crime rate for Criminal Code offences (excluding traffic offences) in 2011 compared to 2010, and a 6% decline in the Crime Severity Index in 2011 compared to 2010.Footnote 9
Performance Summary

In 2011-12, the Department of Justice devoted a total of $426.7 million to this program activity, which accounts for 40 percent of the total departmental spending (38.6 percent of the departmental budget). Over 90 percent of the Department’s budgetary allocation for this program activity is used to provide ongoing funding to provinces, territories and non-governmental organizations for the delivery of programs that directly support federal policy objectives. These include legal aid, youth justice and victim services, Aboriginal justice services, public legal education and information, and other valuable programs and services. The Department provides this monetary support because of the federal government’s shared interest in a sustainable national legal system.Footnote 10

The justice system continued to show improvements in crime rates in 2011. There was a six percent drop in the Crime Severity Index compared to 2010. There was also a six percent drop in the overall crime rate for Criminal Code offences (excluding traffic violations) compared to 2010. The drop in overall police-reported crime was seen throughout the country and for most offences, including attempted murder, major assault, sexual assault, robbery, break-ins and motor vehicle theft. However, despite the overall decrease, police-reported crime rates for certain other offences increased in 2011. These offences include homicide, sexual offences against children, child pornography, criminal harassment, impaired driving and most drug offences.Footnote 11

Analysis of Program Activity

The Department continued to work with all levels of government and non-governmental organizations to develop legislative reforms and policies and to support effective program delivery to maintain a sustainable national justice system.

As justice is an area of shared jurisdiction, federal, provincial and territorial ministers and deputy ministers responsible for justice and public safety meet on a regular basis to consider work developed jointly by officials in all jurisdictions and to share information on issues of mutual interest.Footnote 12 In this reporting period, deputy ministers met in June 2011 and ministers met in January 2012. The Department of Justice Canada provided legal policy expertise and secretariat support to both forums, in particular, in leading the Coordinating Committees of Senior Officials (Criminal Justice, Youth Justice and Family Justice) that support the work of federal, provincial and territorial ministers and deputy ministers. The Department also worked on the coordination of child issues with the provinces and territories.

The Department supported the work of the National Action Committee on Access to Justice in Civil and Family Matters, and it played a leadership role in the Steering Committee on Justice Efficiencies and Access to Justice. As well, the Department maintained a strong professional relationship with the Canadian Bar Association, engaging both Justice and private sector lawyers as well as facilitating the exchange of information on a range of issues including Aboriginal law, constitutional and human rights law, and criminal law. The Department also met with the Federation of Law Societies of Canada to discuss a wide array of issues.

Internationally, the Department continued to work and share information with the United States and the United Kingdom on projects in other countries and regions.Footnote 13 This international collaboration promotes integration and cooperation in the provision of international technical legal assistance.

Criminal Justice
Expected
Results
Performance
Indicators
TargetsFootnote 7 Actual Results
Criminal law is reformed to respond to emerging issues
Average length of a case Not available Median elapsed time (in days) to complete cases in adult criminal courts for Criminal Code offences (not including traffic offences) decreased from 120 days in 2008-09 to 113 days in 2010-11Footnote 14
Sentence by type and length

In 2010-11 the average custodial sentence for crime:Footnote 15

  • against the person was 238 days (down 3 days from 2009-10)
  • against property was 115 days (up 5 days from 2009-10).

The average custodial sentence for all Criminal Code offences (excluding traffic offences) was 115 days,Footnote 16 the same as in the previous year.Footnote 17

Canadians have a positive perception of the criminal justice system
Self-reported victimization Not available In 2009, 27% of Canadians aged 15 years and older reported being the victim of crimes, 30% of which were violent in nature (70% were non-violent). These results are similar to results from the General Social Survey findings from 2004.Footnote 18
Public perceptions of personal safety In 2009, 47.6% of Canadians said they were very satisfied with their personal safety and 45.1% said they were somewhat satisfied. These results are similar to the General Social Survey findings from 2004.Footnote 19
Public perceptions of the justice system In 2011, 50.5% of Canadians said they had confidence in the adult criminal justice system and 39.7% said they had confidence in the youth criminal justice system. Results remained relatively stable compared to 2009.Footnote 20
Performance Summary

Lag time from the time charges were laid to court resolution has decreased slightly from the previous year; however, the time elapsed to complete an adult criminal court case is being measured differently from previous years. Specifically, lag time is being measured using median rather than mean elapsed time by Statistics Canada since various administrative practices or outcomes to cases are known to artificially inflate the value of the mean elapsed time to complete a case.

To address the length of criminal cases from the time charges are laid to court resolution, the Department developed Bill C-2, the Fair and Efficient Criminal Trials Act, which received royal assent in June 2011. The amendments in Bill C-2 will reduce long trials by providing a set of tools to strengthen case management, reduce duplication of processes, and otherwise improve criminal procedure.

The average custodial sentence in 2010-11 for all Criminal Code offences, excluding traffic offences, was 115 days, which remains unchanged from the previous year. Sentences for crimes against the person averaged 238 days, down three days from 2009-10, while sentences for crimes against property increased from an average of 110 days in 2009-10 to 115 days.

Seventy-seven percent of all cases completed in adult court in 2010-11 involved non-violent offences, such as property offences, administration of justice offences (e.g., breach of bail conditions, probation violations, etc.), traffic violations, or federal statute offences such as drug offences. Violent offences accounted for the remaining 23 percent. The most commonly occurring offences were impaired driving (12 percent), theft (11 percent), common assault (nine percent), failure to comply with a court order (nine percent), and breach of probation (eight percent).

In adult criminal court cases where there was a finding of guilt, the most common type of sentence imposed was probation, handed down in 45 percent of cases. Another 33 percent resulted in a sentence to custody; of these, 86 percent were for a term of six months or less, while four percent were for federal custody of two years or more.

Youth courts in Canada completed about 52,900 cases in 2010-11 involving more than 178,000 charges. The caseload decreased for the second year in a row, down seven percent, which is in line with the drop in the overall crime rate. Nearly three quarters of cases completed in youth courts involved non-violent offences. The most common offences in youth cases were theft (15 percent), Youth Criminal Justice Act offences such as failure to comply with a sentence (11 percent), and breaking and entering (eight percent).

As in previous years, probation was the most frequently ordered sentence in youth court, ordered in 58 percent of all sentences. The use of custodial sentences has decreased in youth courts to 16 percent of those found guilty, down from 29 percent a decade earlier.

Analysis of Program Activity

Throughout 2011-12, the Department worked on a number of legislative reforms and activities in order to support Government priorities to better protect Canadians, improve the efficiency of the criminal justice system, and support victims of crime.

To cite some of the key examples, the Department provided legal and policy advice and supported the Government to ensure passage and implementation of a wide range of criminal law reforms. Bill C-10, the Safe Streets and Communities Act, which received royal assent in March 2012, supports the protection of Canadians by addressing such issues as terrorism, sexual offences against children and penalties for serious drug offences, and ensures that conditional sentences are not available for serious and violent offences. Part 4 of Bill C-10 amends the Youth Criminal Justice Act with a focus on the protection of the public as a fundamental principle. It reforms sentencing principles, ensures conformity with the Supreme Court of Canada’s decision in R. v. D.B, prohibits anyone under 18 years of age from serving a sentence in an adult facility, requires police to keep records of extrajudicial measures, and makes other changes aimed at strengthening the youth justice system.

The Minister introduced reforms to re-enact the expired anti-terrorism provisions (Bill S-7, the Combating Terrorism Act), which would compel individuals with knowledge about terrorist activity to answer questions at investigative hearings; it would also make it illegal to leave the country to carry out certain terrorism offences. Bill S-9, the Nuclear Terrorism Act, included proposals to create four new nuclear terrorism offences.

In support of protection against elder abuse, the Department developed Bill C-36, the Protecting Canada’s Seniors Act, which was introduced into Parliament in March 2012. This bill proposes to make vulnerability due to age and other personal circumstances an aggravating factor for sentencing purposes. A bill intended to clarify the law governing citizen’s arrest and modernize the law of self-defence and defence of property was also introduced (Bill C-26, the Citizen’s Arrest and Self-Defence Act).

The Department also continued to support youth justice issues, providing funds to assist the provinces and territories in delivering youth justice services and intensive rehabilitation custody supervision programs. New funding arrangements were signed with provinces and territories under the Youth Justice Services Funding Program. The Department also revived the Federal-Provincial-Territorial Coordinating Committee of Senior Officials – Youth Justice to serve as a forum for monitoring and discussing inter-jurisdictional youth justice policies, programs and issues and to oversee the review of the Youth Criminal Justice Act Sentence Calculation Handbook.

As the lead for the National Anti-Drug Strategy, the Department coordinated efforts with its 11 federal partners to prevent the use of illicit drugs, treat dependency, and reduce their production and distribution. Moreover, the Department led the Drug Treatment Court Funding Program and the drug treatment component of the Youth Justice Fund. The Department is currently conducting a horizontal evaluation of the Strategy, in cooperation with its partners.

As part of a whole-of-government approach and with the financial support of the Canadian International Development Agency and the Department of Foreign Affairs and International Trade, the Department provided technical legal assistance aimed at promoting security, the rule of law and good governance to several countries. To further the development of international legal frameworks to combat crime, the Department also played a leadership role in various international meetings on such issues as crime prevention, cocaine trafficking and corruption.

The Department also collaborated on work related to criminal justice issues in forums such as the Commonwealth, the Organization of American States and the Council of Europe, the United Nations, as well as the G8 and the Quintet of Attorneys General (Canada, United States, United Kingdom, Australia and New Zealand).

In 2011-12, the Department sought and received renewal of the Federal Victims Strategy. The Department distributed funding from the Victims Fund across the country in support of child advocacy centres. To reduce justice system-induced trauma, these centres provide assistance in a child-friendly environment to children who are victims of crime or witnesses to it, along with their families. Funding also supported the delivery of culturally appropriate services for Aboriginal women victims and the families of missing or murdered Aboriginal women in many provinces and territories. These services assist Aboriginal women victims and witnesses in fully participating in the criminal justice system.

These legislative reforms and activities serve to support the Government’s priorities of protecting Canadians (both at home and abroad), improving the efficiency of the criminal justice system, and supporting victims of crime.

Family Justice
Expected
Results
Performance
Indicators
Targets Actual Results
Increased compliance by parents with the terms and conditions of family support, custody and access obligations Rates of compliance and non-compliance with family law obligations Not available
  • In 2011-12, there were 35,502 applications to locate debtors in default of child support obligations (compared to 21,255 in 2010-11, an increase of 67%).Footnote 21
  • In 2011-12, there were 9,252 licence denials against persistent defaulters (compared to 9,625 in 2010-11, a decrease of 4%).Footnote 22
Performance Summary

The Department of Justice helps provinces and territories enforce support orders or agreements through federal enforcement measures, which include locating debtors and denying federal licences to defaulters. Although the Department does not deny licences or trace debtors directly, it works closely with federal partners to accomplish these measures.

The service standards for licence denial require initiation and termination within 10 business days. The application is submitted via electronic means from the different provinces and territories, following which a notice is sent within 24 hours to our federal partners for action. For tracing applications, as with licence denial, files are accepted and sent electronically to our partners within 24 hours. The provinces and territories receive responses within 10 business days from the federal department involved.

The substantial increase in tracing applications to locate debtors in 2011-12 was mainly the result of the implementation of a simplified federal electronic application submission process by the British Columbia Maintenance Enforcement Program. This has led to an increase in the use of the Family Orders and Agreements Enforcement Assistance Act tracing services by British Columbia from nearly 2,200 in 2010-11 to 15,470 in 2011-12.

The number of licence denials, which decreased this year by four percent, also depends on the number of requests submitted by provincial and territorial maintenance enforcement programs.

Analysis of Program Activity

The Department provides legal and policy advice and supports the Government in a number of family justice issues. Over the reporting period, the Department continued its efforts to increase compliance with family support obligations. In response to 134,846 garnishee summonses, more than $165 million was garnisheed for the benefit of Canadian families, up from just over $163 million last year. As well, two new federal funds that can be garnisheed to satisfy outstanding family support obligations were added to the Family Support Orders and Agreements Garnishment Regulations.

Through the Supporting Families Initiative, provinces and territories also received $15.5 million for family justice programs and services that help parents comply with their financial support and custody and access obligations. In an effort to inform and improve services, the Department continued to work with provinces and territories to build national information and data through implementation of the Survey of Maintenance Enforcement Programs and the Civil Court Survey.

The Federal Child Support Guidelines were amended in December 2011 to update the Federal Child Support Tables, which are used to determine child support amounts, in order to maintain fairness, consistency and predictability.

The Department supported the Government in its quick response to provide an avenue for dissolution of marriages of non-residents performed in Canada through tabling Bill C-32, An Act to amend the Civil Marriage Act.

The Department continued to respond to the issue of missing and murdered Aboriginal women by developing a compendium of best practices. The compendium will help the Government in its commitment to improve the responses of law enforcement and the justice system and to support initiatives focusing on family violence. The Evaluation of the Justice component of the Family Violence Initiative supports the continuing need for the Initiative, but also demonstrates that progress has been made in improving the responsiveness of the justice system. Public opinion research conducted to help evaluate the federal Elder Abuse Initiative found that Canadians are becoming more familiar with elder abuse, which is one of the goals of the Initiative. The Department also funded workshops with police, Crown prosecutors and front-line service providers on forced marriage and so-called honour-based violence, and supported a new Public Legal Education and Information publication entitled Child Abuse is Wrong: What can I do? The publication includes information on forced marriage, so-called honour-based violence and other forms of child abuse.

Access to Justice
Expected
Results
Performance
Indicators
TargetsFootnote 7 Actual Results
Equitable access to the justice system
Number of stays in proceedings due to lack of counsel Not available There was no stay in public security and anti-terrorism proceedings or in federal prosecution cases where there was court-ordered counselFootnote 23 (no change from 2010-11).
Number of instances of court-ordered counsel The Department entered into 62 funding agreements for the provision of court-ordered counselFootnote 24 (compared to 53 in 2010-11).Footnote 25
Performance Summary

In support of equitable access to justice in serious criminal proceedings, the Department provided $127.05 million in fundingFootnote 26 to assist provincial and territorial legal aid programs in 2011-12. The funding is provided in recognition of the federal government’s shared interest in a sustainable legal aid system across Canada aimed at promoting access to justice. For reference, in 2010-11, 269,595 applications for criminal legal aid were approved by the provincial and territorial legal aid programs.Footnote 27

The Department entered into 62 funding agreements for the provision of court-ordered counsel in federal prosecutions, of which 51 were with provinces, territories or their legal aid delivery entities, while the remaining 11 agreements were made directly with defence counsel. This is an increase from the previous year’s total of 53 agreements for court-ordered counsel. Also, 14 individuals involved in public security and anti-terrorism proceedings were provided with legal aid services, one less than last year.

Analysis of Program Activity

The Department of Justice Canada works with federal, provincial and territorial officials and members of the bar to identify strategies for improving access to justice in civil, family and criminal matters, addressing such barriers as high legal fees, overburdened courts and a lack of reliable information about the justice system.

In 2011-12, Justice provided $1.03 million to designated provincial, non-governmental providers of public legal education and information (PLEI) through the Justice Partnership and Innovation Program. The Department also provided another $210,000 through the Access to Justice Service Agreements to support PLEI activities in the territories.Footnote 28 In addition, a number of departmental grants and contributions programs provided financial support for PLEI projects and initiatives. Furthermore, information on legal issues such as Aboriginal justice, elder abuse, child abuse, victims’ issues, and information for families going through separation or divorce is posted on the Department of Justice website.

The Department continued to work in collaboration with provinces and territories to develop a sustainable legal aid strategy. The strategy, recently announced by the Government, includes adult and youth justice criminal legal aid, immigration and refugee legal aid, and public security and anti-terrorism legal aid in addition to funding for court-ordered defence counsel in federal prosecutions.

The Department continued to implement the training component of the Access to Justice in both Official Languages Support Fund, in collaboration with governmental and non-governmental organizations. Over $2.2 million was allocated to projects aiming to ensure that those who work in the justice system have the necessary language skills to serve Canadians in French or in English.Footnote 29

The Department also continued to work with its provincial and territorial counterparts in ensuring the full implementation of a contraventions regime across Canada. An evaluation of the Contraventions Act Fund was conducted in 2011-12, with positive results underlining cost-effectiveness and progression towards achieving results.

Aboriginal Justice
Expected
Results
Performance
Indicators
TargetsFootnote 7 Actual Results
Increased involvement of Aboriginal communities in the local administration of justice
Number of communities with Aboriginal Justice Strategy projects Not available 275 Aboriginal Justice Strategy programs provided services to over 600 Aboriginal communities.Footnote 30 Footnote 31
Number of communities undertaking capacity building and training to support the administration of justice programs (year-over-year data) 19 projects reached over 150 Aboriginal communities.Footnote 32 Footnote 33
Performance Summary

Through the Aboriginal Justice Strategy (AJS), the Department supported 275 community-based justice programs, which provided services to over 600 Aboriginal communities.

The Strategy also supported 19 capacity-building and training projects to support the administration of justice programs in over 150 Aboriginal communities. The availability of capacity-building funds is determined on a year-by-year basis, after the commitment of funds to the community-based justice programs. As a result, the levels of capacity-building activities and community program participation can fluctuate from year to year, and trend comparisons cannot be made.

Of note, the Department undertook an internal review exercise to update the number of community-based justice programs funded by the AJS. Previously, the number of programs was counted by using the number of contribution agreements signed (109). Now, as a result of this review, the number of programs reflects all new programs created after the 2007 renewal and expansion of the AJS as well as individual programs captured in umbrella agreements, to include more urban, rural, northern, on- and off-reserve Aboriginal communities. This new methodology provides a more accurate depiction of the reach and breadth of current AJS programming. Because of these changes in the methodology, a trend comparison to the previous reporting year is not possible.

Analysis of Program Activity

Over the year, the Department continued to work with provincial and territorial government counterparts on AJS programs and initiatives. In collaboration with provincial and territorial partners and Aboriginal service delivery agencies, the Department completed a national Aboriginal Courtwork Program renewal strategy, a national client survey and a survey of court officials. In April 2012, the Minister renewed the AJS for 2012–13. Furthermore, the Department recently updated and made available on the Justice website the Location of Aboriginal Courtworkers in Canada map and the Location of Aboriginal Justice Strategy Programs in Canada map, to assist Canadians in locating these programs and services.

Lessons Learned

The success of the training component of the Access to Justice in Both Official Languages Support Fund is the result in part of the integration of the specific language training needs identified by justice stakeholders into custom-designed training courses developed by established professionals. Their input was essential in determining course format and duration as well as tools and materials. This enabled participants to maximize their learning experience by focusing on improving their knowledge of French legal terminology on aspects most relevant to them as justice stakeholders. The Department noted that the targeted training sessions allowed participants to gain knowledge and confidence using French in their professional interaction with the public, thus improving access to justice. As a next step, the Department will promote the use of online training to help stakeholders maintain their level of French legal terminology comprehension and further their verbal skills.

The Summative Evaluation of the Federal Victims Strategy, which was completed in 2010-11, concluded that "there is a strong continuing need" for the Strategy, and that it is "highly relevant to the Government of Canada’s priorities and roles and responsibilities." In 2011-12, the Department successfully sought to have the Strategy renewed. The Department distributed funding from the Victims Fund across the country in support of child advocacy centres as well as the delivery of culturally appropriate services for Aboriginal women victims and the families of missing or murdered Aboriginal women.

The AJS Evaluation, completed in 2011-12, concluded that the AJS is helping to achieve safer and healthier communities by helping to ensure that offenders are held accountable and that it is enabling Aboriginal communities to take greater responsibility for the administration of justice services. The evaluation pointed to the links between AJS community-based justice programs and lower recidivism rates and noted that they are also cost-effective in dealing with non-violent offenders, where circumstances warrant.

A departmental evaluation of the Legal Aid Program was also completed this year. It found that the program aligns with the Government’s commitments and directly supports the Department’s strategic outcome of a fair, relevant and accessible justice system that reflects Canadian values.

Finally, the evaluations completed over the past year have provided some lessons learned that apply more generally to programs and initiatives. For example, there is a need to focus more on implementing good results-based performance measurement frameworks and thus be in a stronger position to demonstrate results. A lack of clarity in the roles and responsibilities of program partners can make programs less effective overall. Consequently, there is a need to clarify roles and responsibilities in the first instance through strong governance structures and to revisit the roles and responsibilities periodically. In a similar vein, evaluations of some of the programs with our provincial and territorial partners in areas of shared jurisdictional coverage have underlined the importance of establishing strong relationships and maintaining strong communications mechanisms to ensure effective program outcomes.

Program Activity A2: Office of the Federal Ombudsman for Victims of Crime

Program Activity Description

This program activity raises awareness of the needs and concerns of victims in areas of federal responsibility, provides an independent resource that addresses complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act that apply to victims of offenders under federal supervision, and assists victims in accessing existing federal programs and services.

2011-12 Financial Resources ($ millions)
Planned SpendingTable note ††† Total AuthoritiesTable note Actual SpendingTable note
0.0 1.2 1.2
Table note †

Excludes amount deemed appropriated to Shared Services Canada.

Return to table note referrer


2011-12 Human Resources (Full-Time Equivalents [FTE s])
PlannedTable note ††† Actual Difference
0 10 10
Table note †††

The Victims of Crime Initiative sunsetted in 2010-11; therefore, it was not reflected in the Main Estimates and Planned Spending reported in the 2011-12 Report on Plans and Priorities. Funding was renewed as part of the Federal Victim Strategy in the 2011-12 Supplementary Estimates "A".

Return to table note ††† referrer

The Office of the Federal Ombudsman for Victims of Crime was established in 2007 as an arm’s-length program activity of the Department of Justice. The Ombudsman reports directly to the Minister of Justice and, as such, the Office falls outside the Department’s governance framework. The Office receives corporate services support from the Department.

The mandate of the Federal Ombudsman for Victims of Crime, which relates exclusively to matters of federal responsibility, is:

For further information regarding the activities of the Office of the Federal Ombudsman for Victims of Crime, please visit the Office’s website.

Strategic Outcome II: A federal government supported by effective and responsive legal services

Strategic Outcome II - A federal government supported by effective and responsive legal services

Description

This diagram presents the portion of the Department of Justice Canada's Program Activity Architecture (PAA) that corresponds to Strategic Outcome II: A federal government supported by effective and responsive legal services. It consists of four levels of activity assembled in a hierarchy. The activities, in order from top to bottom, are: Government of Canada Outcome Areas, Strategic Outcomes, Program Activities, and Sub-activities.

Government of Canada Outcome Area:

  • Government Affairs – Well-managed and efficient government operations

Strategic Outcome:

  • Strategic Outcome II – A federal government supported by effective and responsive legal services, supports Government Affairs – Well-managed and efficient government operations.

Program Activity:

  • Program Activity B1– Services to Government supports SO II.

Sub-activities:

  • Six Sub-activities support Program Activity B1– Services to Government:
    • B1.1 Justice and Government-at-large Portfolio;
    • B1.2 Aboriginal Affairs Portfolio;
    • B1.3 Business and Regulatory Law Portfolio;
    • B1.4 Central Agencies Portfolio;
    • B1.5 Public Safety, Defence and Immigration Portfolio; and
    • B1.6 Tax Law Services Portfolio.

Under the Department of Justice Act, the Minister of Justice and Attorney General of Canada provides legal services to the federal government and its departments and agencies. According to section 4 of the Act, the Minister is the legal member of the Queen’s Privy Council responsible for seeing that the administration of public affairs is in accordance with the law. Additionally, under section 4.1, the Minister is responsible for drafting and reviewing all government regulations prior to registration to ensure conformity with the Statutory Instruments Act and all government bills prior to tabling in Parliament to ensure that the bills withstand constitutional scrutiny. Under section 5 of the Act, the Attorney General is responsible for advising the heads of government departments on all matters of law and for conducting all litigation for any federal department or agency of the Crown with respect to any subject within the authority or jurisdiction of Canada.

The Department seeks to attain this strategic outcome through one program activity: Services to Government.

Program Activity B1: Services to Government

Program Activity Description

As a common service provider, the Department of Justice provides an integrated suite of legal advisory, litigation and legislative services to departments and agencies to help them meet their policy and programming priorities and advance the overall objectives of the Government. Through this program activity, the Department also provides legal services to the Justice Portfolio and supports the Minister as legal advisor to the Cabinet on complex, whole-of-government issues.

2011-12 Financial Resources ($ millions)
Planned Spending Total AuthoritiesTable note Actual SpendingTable note
203.8 472.0 441.6
Table note †

Excludes amount deemed appropriated to Shared Services Canada.

Return to table note referrer

Note: Planned Spending excludes Net Vote Authority, which allows the Department to spend revenues from the provision of legal services to other government departments and agencies. Net Vote Authorities associated with services to government program activity totalled $270.0M in 2011-12.

2011-12 Human Resources (Full-Time Equivalents [FTEs])
Planned Actual Difference
3,549 3,439 110
Performance Summary and Analysis of Program Activity

In 2011-12, the Department continued to provide an integrated suite of legal advisory, litigation, and legislative and regulatory drafting services to support the Government in attaining its priorities by drafting bills and regulations, providing legal advice, and representing the Crown’s interest in court and tribunal proceedings.

Performance Summary
Legislative Services
Expected
Results
Performance
Indicators
Targets Actual Results
Comprehensive delivery of the Government’s legislative agenda
Levels of effort dedicated to legislative files Not availableFootnote 34

224,731 hours dedicated to 3,032 files

Number of bills tabled in Parliament

44 government bills introduced

Number of regulations published in the Canada Gazette
  • 147 regulations examined for pre-publication in Part I of the Canada Gazette
  • 88 regulations published in Part I of the Canada Gazette
  • 573 regulations examined for final approval and publication in Part II of the Canada Gazette
  • 481 regulations published in Part II of the Canada Gazette
Number of motions to amend private members’ bills for which the Department was responsible

88 motions for amendment drafted to amend private members’ bills dealing with matters for which the Minister of Justice is responsible

The following two graphs show the level of legislative activity for the year 2011-12. The decrease in activity this year can be explained by the effect on legislative work resulting from the 2011 general election as well as the consolidation of amendments into comprehensive bills that amended numerous laws.

Levels of Legislative Activity

Levels of Legislative Activity

Description

This bar graph illustrates the levels of effort dedicated to legislative files each fiscal year since 2009-10. Along the x-axis are fiscal years 2009-10, 2010-2011, and 2011-12. The y-axis includes numbers from 0 to 4,000 on the left side to depict number of files, and 0 to 300,000 on the right side to depict number of hours. The number of files and number of hours increased from 2009-10 to 2010-11, and then both decreased from 2010-11 to 2011-12.

The Number of legislative files range from 2,826 in 2009-10, to 3,717 in 2010-11, and to 3,032 in 2011-12.

The Number of hours dedicated to legislative files range from 245,446 in 2009-10, to 249,339 in 2010-11, and to 224,731 in 2011-12.

Number of bills tabled in the House of Commons

Number of bills tabled in the House of Commons

Description

This bar graph illustrates the trends in the number of bills tabled in Parliament each fiscal year since 2009-10. Along the x-axis are fiscal years 2009-10, 2010-11, and 2011-12. The y-axis is not visible. The number of bills tabled increased from 58 in 2009-10 to 59 in 2010-11, and then decreased to 44 in 2011-12.

Nevertheless, legislative and regulatory drafting operations resumed relatively quickly after the formation of the Cabinet following the May 2, 2011, election, culminating in the final quarter with the mobilization of substantial resources dedicated to Bill C-38, the Jobs, Growth and Long-term Prosperity Act, a budget implementation bill. Certain bills required increased coordinating efforts (e.g., Bill C-3, the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act; Bill C-10, the Safe Streets and Communities Act; and Bill C-13, the Keeping Canada’s Economy and Jobs Growing Act).

As shown in the following graph, the number of regulations published in Part I of the Canada Gazette (pre-publication of regulations) decreased from 172 in 2010-11 to 88 in 2011-12. In contrast, the number of regulations published in Part II (publication of regulations) increased from 318 in 2010-11 to 481 in 2011-12.

Trends in the Number of Regulations Published in the Canada Gazette

Trends in the Number of Regulations Published in the Canada Gazette

Description

This graph shows the trends in the number of regulations published from 2008-09 to 2011-12. Fiscal years are presented along the x-axis and numbers from 0 to 700 on the y-axis. There are four lines on the graph representing different types of regulations at various stages in the publication process.

The bottom black-coloured line represents the number of regulations published in Part I of the Canada Gazette. It shows a continued increase from 41 in 2008-09, to 73 in 2009-10, to 172 in 2010-11, followed by a decrease to 88 in 2011-12.

The blue-coloured line, second from the bottom, shows the number of regulations examined for pre-publication in Part 1 of the Canada Gazette. The line is relatively flat, ranging from 94 in 2008-09, to 98 in 2009-10, to 135 in 2010-11, and then to 147 in 2011-12.

The green-coloured line, third from the bottom, representing the number of regulations examined for final approval and publication in Part II of the Canada Gazette. This line shows a decline from 176 in 2008-09 to 126 in 2009-10, followed by a sharp increase to 438 in 2010-11 and 573 in 2011-12.

The top yellow-coloured line represents the number of regulations published in Part II of the Canada Gazette. It shows a decrease from 448 in 2008-09 to 168 in 2009-10, followed by an increase to 318 in 2010-11 and 481 in 2011-12.

The explanation for these trends is multifaceted. It is important to note that, to some extent, the numbers of instruments published in the Canada Gazette, Parts I and II are cyclical. Increases in the number of instruments published one year in the Canada Gazette, Part I, may result in a corresponding increase in the number of instruments published the following year in the Canada Gazette, Part II.

Legal Advisory Services
Expected
Results
Performance
Indicators
Targets Actual Results
Legal advisory services to support the Government in attaining its priorities Levels of effort devoted to providing legal advisory services to client organizations Not applicableFootnote 35 1,508,728 hours dedicated to 39,465 files.

Client demand for advisory services continued to grow in 2011-12. The amount of effort rose by 1.2 percent, in response to a 3.2 percent increase in files.

Levels of Effort Dedicated to Advisory Files

Levels of Effort Dedicated to Advisory Files

Description

This bar graph illustrates the trends in the levels of effort dedicated to advisory files each fiscal year since 2009-10. Along the x-axis are fiscal years 2009-10, 2010-2011, and 2011-12. The y-axis includes numbers from 0 to 45,000 on the left side to depict number of files, and 0 to 1,600,000 on the right side to depict number of hours. The number of files and number of hours increased each year from 2009-10 to 2011-12.

The number of advisory files range from 34,771 in 2009-10, to 38,228 in 2010-11, and to 39,465 in 2011-12.

The number of hours dedicated to advisory files range from 1,427,924 in 2009-10, to 1,491,142 in 2010-11, and to 1,508,728 in 2011-12.

Litigation Services
Expected
Results
Performance
Indicators
Targets Actual Results
Representing the Crown’s interest to enable the Government to attain its priorities
Levels of effort dedicated to litigation files Not applicableFootnote 36 1,800,410 hours dedicated to 47,991 files.
Trends in levels of assessed risk of the litigation inventory Of the litigation files with a risk assessment in 2011-12:
  • 58% were low-risk files;
  • 39% were medium-risk; and
  • 3% were high-risk.
Trends in the settlement of disputes through alternatives to litigation In 2011-12, 23% of files were settled through alternatives to litigation.
Trends in Crown results for litigation files – final litigation outcome indicators Of all adjudicated proceedings initiated by the Crown in 2011-12 (in court or tribunal), 91% were allowed; of those initiated against the Crown, 30% were allowed.

As shown in the following graph, client demand for litigation services has continued to grow at a rather stable pace over the past few years. The number of hours required to provide litigation services to client departments increased by three percent in 2011-12, compared to a five percent increase in 2010-11.

Levels of Effort Dedicated to Litigation Files

Levels of Effort Dedicated to Litigation Files

Description

This bar graph illustrates the trends in the levels of effort dedicated to litigation files each fiscal year since 2009-10. Along the x-axis are fiscal years 2009-10, 2010-2011, and 2011-12. The y-axis includes numbers from 0 to 60,000 on the left side to depict number of files, and 0 to 2,000,000 on the right side to depict number of hours. The number of files and number of hours increased each year from 2009-10 to 2011-12.

The number of litigation files range from 41,317 in 2009-10, to 45,415 in 2010-11, and to 47,991 in 2011-12.

The number of hours dedicated to litigation files range from 1,659,269 in 2009-10, to 1,745,688 in 2010-11, and to 1,800,410 in 2011-12.

It is worth noting that the Department does not have complete control over the Government’s litigation caseload. For the year 2011-12, 85% of cases for which data on Crown involvement is available were not initiated by the Crown. These include proceedings brought against the Crown (76%) and proceedings where the Crown is involved in some otherFootnote 37 capacity.

The next graph shows that trends have remained relatively the same over the past three years for the mix of low-, medium- and high-risk files in the litigation inventory. Low-risk has continued to account for the majority of the litigation inventory at 58 percent, whereas medium-risk has been holding steady at around 39 percent and high-risk has continued to constitute only a very small portion at three percent.

Trends in Levels of Assessed Risk of the Litigation Inventory

Trends in Levels of Assessed Risk of the Litigation Inventory

Description

This bar chart shows the trends over the past three years in the number of files for each of the three risk types for litigation files. The x-axis includes the risk level: low, medium and high. The y-axis shows the percentage of files, ranging from 0 to 70.

There are three groups of bars; one for each risk level. Each of these groups has three bars representing the percentage of files each year from 2009-10 to 2011-12.

The percentage of low risk files decreased from 60% in 2009-10 to 57% in 2010-11, and then increased to 58% in 2011-12.

The percentage of medium risk files increased from 37% in 2009-10 to 41% in 2010-11, and then decreased to 39% in 2011-12.

The percentage of high risk files decreased from 3% in 2009-10 to 2% in 2010-11, and then increased to 3% in 2011-12.

However, as shown below, while only accounting for three percent of litigation files, high-risk litigation accounted for 26 percent of the level of effort devoted to litigation across the Department. In contrast, low-risk files required approximately the same level of effort (28 percent), yet they made up 58 percent of the file inventory.Footnote 38 The Department closely monitors the risk profile of litigation files in order to allocate resources effectively. By continuing to work with client departments to identify and manage legal risks, the Department ensures that legal advice and services are high-quality and timely.

Percentage of Files and Level of Effort by Risk Level

Percentage of Files and Level of Effort by Risk Level

Description

The bar chart illustrates the breakdown of litigation files by risk level. There are three risk levels, low, medium and high, which run along the x-axis. Each risk level has two bars to demonstrate the proportion of litigation files that fall into that category and the proportion of litigation hours devoted to each risk level. The y-axis is not visible. The percentage of files for each category is indicated above each bar, and the height of each bar is consistent with the percentage it represents.

Low risk files made up 58% of all litigation files in 2011-12 and received 28% of the hours.

Medium risk files made up 39% of all litigation files in 2011-12 and received 46% of the hours.

High risk files made up 3% of all litigation files in 2011-12 and received 26% of the hours.

The percentage of disputes settled through alternatives to litigation decreased to 23 percent in 2011-12 from 29 percent in 2009-10. A number of factors—most of which are beyond the Department’s control—can influence this percentage. For example, an alternative to litigation is not used unless the client believes that the proposed settlement is appropriate. It is also important to bear in mind that it is not in the public interest to have two parties negotiate a dispute bilaterally when it involves issues of interest to all Canadians (e.g., disputes over the constitutionality of laws or programs). Finally, these percentages have been calculated based on the number of files for which a settlement type was recorded; thus, they represent only a sample of all files.

Trends in the Settlement of Disputes through Alternatives to Litigation

Trends in the Settlement of Disputes through Alternatives to Litigation

Description

This graph shows the trends in the settlement of disputes through alternatives to litigation from 2009-10 to 2011-12. Fiscal years are presented along the x-axis and percentage from 0 to 35 on the y-axis. There is one line on the graph representing alternative dispute settlement. It shows a continued decrease from 29 in 2009-10, to 28 in 2010-11, to 23 in 2011-12.

As shown by the graphs below, 91 percent of all adjudicated proceedings initiated by the Crown were allowed by the court in 2011-12, which is up slightly (one percent) since the previous reporting period. The percentage of proceedings initiated against the Crown that were allowed during fiscal year 2011-12 increased to 30 percent. This percentage is fairly consistent with previous years—five percent higher than 2010-11 (25 percent) but two percent lower than 2009-10 (32 percent).

Percentage of Proceedings Initiated by the Crown that were Allowed

Percentage of Proceedings Initiated by the Crown that were Allowed

Description

This bar graph illustrates the percentage of proceedings initiated by the crown that were allowed each fiscal year since 2009-10. Along the x-axis are fiscal years 2009-10, 2010-11, and 2011-12. The y-axis is not visible. The percentage of proceedings initiated by the crown that were allowed was 89% in 2009-10, 90% in 2010-11, and 91% in 2011-12.


Percentage of Proceedings Initiated against the Crown that were Allowed

Percentage of Proceedings Initiated against the Crown that were Allowed

Description

This bar graph illustrates the percentage of proceedings initiated against the crown that were allowed each fiscal year since 2009-10. Along the x-axis are fiscal years 2009-10, 2010-11, and 2011-12. The y-axis is not visible. The percentage of proceedings initiated against the crown that were allowed was 32% in 2009-10, 25% in 2010-11, and then increased to 30% in 2011-12.


Department of Justice Canada Client Feedback Survey

The Department developed its Department of Justice Canada Client Feedback Survey to measure the satisfaction of client organizations and to promote continual improvement of the legal services that the Department provides. The survey is conducted on a cyclical basis, with client organizations being surveyed every three years. For Cycle II of the survey initiative (2009-12), final results on the overall quality of legal advisory, litigation, and legislative and regulatory drafting services were very positive. Overall quality ratings exceeded the departmental target (8.0 on a 10-point scale)Footnote 39 for all four types of services, demonstrating the Department’s success in delivering client-focused legal services.

Department of Justice Canada Client Feedback Survey: Overall quality ratings
Legal advisory services Litigation services Legislative drafting services Regulatory drafting services
8.4/10 8.3/10 8.5/10 8.5/10

Note: The chart shows the average mean ratings of client satisfaction with the overall quality of the legal services provided by the Department for each of the four types of legal services investigated. "Overall quality" refers to a global assessment asked of service users, and is an individual survey question.

The next table highlights the feedback from clients on the Department’s performance in meeting the mutually agreed-upon service standards that are set out in memoranda of understanding with client departments.Footnote 40 Since Cycle I of the initiative (2006-09), the results have decreased slightly for five of the 10 service standards and have remained unchanged for four of them, while the result on the service standard specific to legislative and regulatory drafting services has increased. Overall, the client feedback demonstrates that the Department exceeded its target of 8.0/10 on four service standards, with scores ranging from 8.1 to 9.3, and fell just shy of meeting its target for five service standards, with scores ranging from 7.7 to 7.9.Footnote 41 The two lowest scores, 7.3 and 7.7, indicate that there is a need to focus greater effort on providing clients with regular feedback or progress reports on the status of legal files, as well as identifying opportunities for them to implement policies and programs by administrative rather than legislative or regulatory means.

Department of Justice Canada Client Feedback Survey: Feedback against service standards for the delivery of legal services
Service Standards Cycle II (2012) Rating Cycle I (2009) Rating
We provide legal services in either official language in accordance with applicable policies on language of work. 9.3 (0.0) 9.4 (0.0)
We treat you with courtesy and respect at all times. 9.1 (0.0) 9.2 (0.0)
We provide regular and informative progress reports or ongoing feedback in respect of your request for service. 7.3 (±0.1) 7.5 (±0.1)
We provide clear and practical guidance on resolving legal issues. 8.1 (±0.1) 8.1 (±0.1)
In the provision of legislative services, we develop legislative and regulatory drafting options appropriate to your policy and program objectives, and propose appropriate solutions for legal and drafting issues raised. 8.3 (±0.1) 8.1 (±0.1)
In the provision of legal advisory and litigation services, we involve you in the development of legal strategy and positions. 7.8 (±0.1) 7.8 (±0.1)
We identify means to prevent and resolve legal disputes at the earliest opportunity. 7.9 (±0.1) 8.1 (±0.1)
We identify opportunities to implement policies and programs by administrative rather than legislative or regulatory means. 7.7 (±0.2) 7.7 (±0.2)
We respond in a timely manner to requests for legal services. 7.8 (±0.1) 7.9 (±0.1)
We negotiate and meet mutually agreed upon deadlines. 7.9 (±0.1) 7.9 (±0.1)

Note: The ratings represent the mean ratings based on all respondents’ feedback on a 10-point scale for each service standard, as the service standards were defined during Cycle II. The table does not reflect all survey questions that were investigated. The figure in parentheses following each mean rating is the calculated margin of error.Footnote 42

Analysis of Program Activity

The following summary of the Department’s legal advisory, legislative and regulatory drafting and litigation services activities against the planning highlights in the Report on Plans and Priorities is aligned with the four Government spending areas outlined in Canada’s Performance Report.

Economic Affairs

The Department supported the development of new initiatives for the delivery of online service to Canadians on key programs. As part of the Government Online Cyber Authentication Renewal Project, the Department provided advice on preserving the security and integrity of electronic transactions as the Government moves away from the unsustainable Public Key Infrastructure (PKI) toward government or third-party credentials. The Department also supported the preparation of Bill C-38, which includes Division 6, amending the Department of Human Resources and Skills Development Act, and which authorizes the electronic administration and enforcement of the Canada Pension Plan, the Old Age Security Act, and certain other programs. Moreover, the Department supported a pilot project by the Canada Revenue Agency to communicate through its Twitter and YouTube sites, as well as the electronic delivery of Human Resources and Skills Development Canada’s programs.

The Department provided advice and support with respect to the effectiveness of the regulatory system of major resource projects. Part 3 of Bill C-38 is intended to streamline the process for federal environmental approvals. The Department also participated in the legal working group for the Northern Gateway Pipeline, and was involved in consultation matters related to the proposed pipeline.

Additional initiatives aimed at strengthening the economy included Canada’s Anti-Money Laundering and Anti-Terrorist Financing Initiative in relation to the imposition of administrative monetary penalties by the Financial Transactions Reports Analysis Centre of Canada (FINTRAC) and the five-year parliamentary review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. The Department also successfully defended the constitutional validity of the enforcement of provisions of the Investment Canada Act, and drafted Regulations Amending the Employment Insurance Regulations, to increase the incentive to accept all available work prior to claiming Employment Insurance benefits and to increase the incentive to accept work while in receipt of benefits.

The Department worked with clients to enhance financial regulation, including developing the regulatory framework for federally regulated financial institutions, in terms of both consumer protection and financial stability and protecting Parliament’s jurisdiction over banking.Footnote 43 The five-year review of the financial institutions legislation was completed with the enactment of Bill S-5, which included amendments aimed at reinforcing the stability of the Canadian financial system and fine-tuning the consumer-protection framework. The Department also supported efforts to enhance the soundness of private pension plans.Footnote 44

As well, the Department prepared the Negative Option Billing Regulations, which prohibited the provision of products or services by financial institutions without the recipient’s express consent, imposed disclosure requirements on institutions providing such services, and established a formula for calculating refunds when a customer cancels a service. The Access to Funds Regulations shortened the hold period for deposited cheques and provided quicker access to the first $100 deposited.

The Department provided an array of legal support for the federal Framework on Aboriginal Economic Development, which focuses on enhancing the value of Aboriginal assets and removing barriers to economic development on Aboriginal lands, improving processes for additions to reserves, coordinating legal advice, and helping Aboriginal Affairs and Northern Development Canada (AANDC) negotiate regulations and related instruments to further enable First Nations’ economic development. The Department also supported AANDC in changes aimed at making the First Nations Land Management Act more easily accessible to additional First Nations, and in the development of a proposal for First Nations property ownership legislation—an initiative intended to enhance development and financing possibilities on reserve land while maintaining First Nation by-law and property taxation jurisdiction. Finally, Justice counsel advised on and drafted Bill C-27, which aims to enhance the financial accountability and transparency of First Nations financial matters.

The Department provided support to Agriculture and Agri-Food Canada (AAFC) in phasing out the monopoly of the Canadian Wheat Board for wheat and barley in Canada. Legal support included legislative drafting, advisory and litigation services. The Minister of Agriculture and Agri-Food introduced Bill C-18, the Marketing Freedom for Grain Farmers Act, which received royal assent in December 2011. In response, several court challenges were launched, including a judicial review in the Federal Court, an action of invalidity of the Act and injunction application in the Manitoba Court of Queen’s Bench, and three class actions in Saskatchewan, Alberta and the Federal Court. The Department was successful on the judicial review in the Federal Court of Appeal. The injunction in the Manitoba Court of Queen’s Bench was rejected; the appellants have appealed this decision. As for the class actions, they are in very early stages.

Justice counsel were involved in the preparation of budget implementation legislation. Moreover, the Department worked with clients to help stabilize the Canadian housing market.Footnote 45 Justice also provided legal services in support of environmental components of a host of other economic files, including:

Social Affairs

The Department of Justice provided advice to support a number of initiatives related to the health of Canadians, public safety, the environment and issues of concern to Aboriginal persons.

Department of Justice counsel defended the Government against third-party claims brought in the context of class actions regarding tobacco use. On July 29, 2011, the Supreme Court of Canada held that the Government was immune from any liability in regard to its execution of tobacco policy from the 1950s to the present. As a result, third-party claims against the Government were dismissed in British Columbia and later in New Brunswick. Furthermore, the Department continues to assist clients with the development of the regulatory regime for the Human Pathogens and Toxins Act.

Justice counsel represented the Government in its appeal of the decision of the Ontario Superior Court in Bedford v. Canada (Attorney General), wherein the Court decided that prostitution-related offences in the Criminal Code were unconstitutional. On March 26, 2012, the Ontario Court of Appeal held that the ban on communicating in public for the purposes of prostitution is constitutional. The Court, however, declared that the ban on keeping common bawdy-houses is invalid insofar as it prohibits such houses for the purposes of prostitution. The Court also read down the prohibition of living on the avails of prostitution so as to apply only "in circumstances of exploitation." The Government has applied to the Supreme Court of Canada for leave to appeal.

In a reference initiated by the province of British Columbia, Justice counsel represented the federal Government regarding the constitutionality of the Criminal Code prohibition against polygamy. On November 23, 2011, the British Columbia Supreme Court decided that the prohibition is constitutional, except to the extent that it allows for prosecution of children under the age of 18 who marry into polygamy. The decision was not appealed.

Justice counsel also represented the Government in proceedings before the Missing Women Commission of Inquiry, established by the Government of British Columbia in September 2010.Footnote 46 Justice litigation counsel provided assistance and support in providing documentary disclosure to the Inquiry, represented RCMP witnesses who chose to be represented by the Department, and made oral and written submissions to the Inquiry. Legal services counsel were also engaged in supporting client departments (the RCMP and Public Safety Canada).

The Department provided ongoing support to the reform of corrections and parole, including Part 3 of Bill C-10, which modifies the Corrections and Conditional Release Act in several ways with respect to public safety and victims’ rights, and reforms regulations made by the provinces under the Sex Offender Information Registration Act.

The creation of eight new national parks and marine conservation areasFootnote 47 required the Department’s legal advice and legislative services and in February 2011, with the support of legal services, the Pier 21 Museum of Immigration in Halifax, Nova Scotia, became a Crown corporation.

The Department supported AANDC in three main initiatives in addition to responding to ongoing needs for legal advisory support to client operations and general litigation. First, the Department continued to support the implementation of the Indian Residential Schools Settlement Agreement (IRSSA) and continued to manage issues including litigation arising from Aboriginal Children's Experiences outside of the IRSSA. Secondly, the Department is supporting AANDC in managing and implementing the Government’s Action Plan on Specific Claims—the "Justice at Last" initiative—which deals with negotiating claims in a fair, transparent and timely manner, including clearing a backlog of specific claims. The Department drafted Specific Claims Tribunal Rules of Practice and Procedure under the direction of the tribunal members. And thirdly, Justice supported AANDC in fulfilling the legal duty to consult by providing advice in the development of the Updated Guidelines for Federal Officials to Fulfill the Duty to Consult and education sessions on the legal aspects of consultation.

International Affairs

In the reporting period, the Department’s activities in international affairs included working with other countries in support of international relief efforts, international criminal matters, national security, cyber security and international trade. The Department received and processed approximately 700 new mutual legal assistance requests in the year from foreign partners and domestic prosecution and police services.

The Department provided legal advice to support Canada’s efforts in the context of the Haiti Reconstruction Fund, which became a significant funding vehicle for the reconstruction of Haiti, mobilizing US$396 million. These funds were allocated for 17 reconstruction projects, allowing, among other things, the removal of 171.810 m3 of debris and the creation of 3,339 jobs within 18 months.

To further the international fight against crime, the Department continued to work in collaboration with treaty partners in the area of international assistance in criminal matters. It received and processed over 200 extradition requests. Direct support was provided to the Minister of Justice to assist him in making 92 surrender decisions. The Department also provided legal services in relation to the deportation of an individual to Rwanda for inciting murder, hatred and genocide, and for committing crimes against humanity.

The Department strengthened the Government’s ability to protect information pertaining to national defence, national security and international relations by improving processes and systems relating to its use in litigation, and provided litigation services to the Government in defence of civil actions where such information was at issue. Justice counsel also contributed policy and legal advice to the elaboration, negotiation and drafting of the Canada-United States Joint Statement of Privacy Principles, and provided support to the Government’s work on the Shared Vision for Perimeter Security and Economic Competitiveness.

Justice supported international trade with Bill C-23 and Bill C-24, which provide for the implementation of free trade agreements with Jordan and the Republic of Panama. Moreover, the Department played a lead role in the implementation of Canada’s international obligations in response to resolutions of the United Nations Security Council, by providing legal advice and drafting regulations concerning Syria, Libya, North Korea, Iran and Burma, and providing support for the implementation of economic sanctions against some of these countries.

Government Affairs

In line with Government priorities, initiatives in support of government affairs focused mainly on the preparation of the federal budget and its implementing legislation as well as advancing tax initiatives.

The Supreme Court of Canada rendered its advisory opinion on Parliament’s authority to enact securities legislation on December 22, 2011. The Court concluded that there was federal jurisdiction to enact parts of the proposed Canadian Securities Act, but that other matters were within exclusive provincial jurisdiction. The Department continues to work with its partners to represent the federal government’s interest in these issues.

Legal services were provided in regard to harmonized sales taxes and the associated revenue allocation framework, as well as other tax-related initiatives, including the implementation of tax administration agreements with the provinces and territories and Aboriginal governments. The Department also worked with clients to help target measures to increase compliance, accountability and transparency in respect of political activities carried out by registered charities and registered amateur athletic associations.

Lessons Learned

In 2011, the Office of the Comptroller General completed the Horizontal Internal Audit of Compliance with the Common Services Policy. The purpose of the horizontal audit was to determine whether common services organizations and the Treasury Board Secretariat, in its role as a central agency, are fulfilling the requirements of the Common Services Policy, and to assess the extent to which those requirements are enabling or hindering departments in delivering common services and supporting policy objectives.

The horizontal audit included an examination of the Department of Justice as one of five common services providers to government. The audit made a number of recommendations, one of which was directed to Justice among other organizations—namely, that common service organizations should develop practices to measure cost-effectiveness and report on this information to key stakeholders. As follow-up, the Department is working on identifying cost-effectiveness measures and related processes for reporting to clients and Parliament. Additionally, cost-effectiveness will be included as a key issue in the approach to evaluations of legal services, which are included in the Department’s five-year Evaluation Plan that includes full coverage of all Justice’s direct program spending.

Internal audits specific to the Legal Advisory and Tax Law Services areas were also undertaken and have consistently demonstrated sound overall management practices in relation to human resources, administration and financial management. However, opportunities for enhancing management frameworks have been identified, including the strengthening of activities related to planning, training and communications.

With respect to client satisfaction with the Department’s legal services, the Department of Justice Canada Client Feedback Survey (2009-12) shows that the Department’s performance has exceeded its performance target (8.0 on a 10-point scale) for the overall quality of each of its four types of legal services (legal advisory, litigation, legislative and regulatory drafting services).

Nevertheless, there are some areas where there is room for improvement. In particular, the results indicate that there is a need for greater effort in providing clients with regular feedback or progress reports on the status of legal files, as well as identifying opportunities for clients to implement policies and programs by or through administrative rather than legislative or regulatory means. As well, the survey results suggest that further work could be done to raise awareness among clients of the service standards.Footnote 48 As follow-up, departmental legal services managers are meeting with their client department executive teams to discuss the survey results and their implications for service delivery.

Program Activity C1: Internal Services

Program Activity C1 - Internal Services

Description

This diagram presents the section of the Department of Justice Canada's Program Activity Architecture (PAA) that corresponds to Program Activity C1: Internal Services. It consists of four levels of activity assembled in a hierarchy. The activities, in order from top to bottom, are: Government of Canada Outcome Areas, Strategic Outcomes, Program Activity, and Sub-activities.

Government of Canada Outcome Areas:

  • Social Affairs – A safe and secure Canada.
  • Government Affairs – Well-managed and efficient government operations.

Strategic Outcomes:

  • SO I – A fair, relevant and accessible justice system that reflects Canadian values; supports Government of Canada Outcome Area Social Affairs – A safe and secure Canada.
  • SO II – A federal government supported by effective and responsive legal services, supports Government Affairs – Well-managed and efficient government operations.

Program Activity:

  • Program Activity C1– Internal Services supports both SOI and SO II.

Sub-activities:

  • Three Sub-activities support Program Activity C1– Internal Services:
    • C1.1 Governance & Management Services
    • C1.2 Resource Management Services
    • C1.3 Asset Management Services
Program Activity Description

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: 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; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not those provided specifically to a program.

2011–12 Financial Resources ($ millions)
Planned Spending Total AuthoritiesTable note Actual SpendingTable note
136.4 192.0 184.7
Table note †

Excludes amount deemed appropriated to Shared Services Canada.

Return to table note referrer

Note: Planned Spending excludes Net Vote Authority, which allows the Department to spend revenues from the provision of legal services and internal support services to other government departments and agencies. Net Vote Authorities associated with the Internal Services program activity totalled $39.1M in 2011-12. The 2011-12 increase is primarily related to an increase in Treasury Board Secretariat Central Votes relating to the one-time severance payouts for Public Service Alliance of Canada members, which were centrally managed.


2011–12 Human Resources (Full Time Equivalents [FTEs])
Planned Actual Difference
1,340 1,226 114
Performance Summary and Analysis of Program Activity

In 2011-12, the Department continued to look for more efficient, effective and sustainable ways to carry out its internal services activities, paying particular attention to four priority areas identified in the Report on Plans and Priorities: public service renewal, law practice management, investment in systems, and sustainable development – greening government operations.

Public Service Renewal

The Department is finalizing a new three-year Human Resources Management Plan that outlines the priorities and activities to support overall people management excellence. The launch of the plan was delayed in order for the Department to incorporate Budget 2012 into its plans moving forward. Over the year, the Department continued to support initiatives to enhance the renewal, development and sustainability of a representative work force.

Increased use of technology has also streamlined and simplified people management processes and services. Examples include the use of Web 2.0 tools such as SharePoint to manage staffing activities, work descriptions and position information. In addition, the Department launched a new learning module in the Human Resources Management System to provide self-service capabilities to employees and improve the management and reporting of learning activities.

In support of Public Service Renewal, the Department has developed materials and information sessions to raise awareness of the Values and Ethics Code of the Public Sector. Among other things, guidelines for handling specific aspects of the Code were developed to manage potential breaches or to simplify the process for high-volume activities, such as the Government of Canada Workplace Charitable Campaign. However, scenarios and information fact sheets remain to be completed to serve as education and reference material, and service standards still need to be developed, based on data collected over the past year, to improve the overall process related to conflict-of-interest submissions. Moreover, although many awareness sessions were delivered to managers and employees, there is still a need for a standard presentation on values and ethics geared towards managers.

A national working group was tasked to oversee the development of the departmental code of conduct, in consultation with bargaining agents. The departmental code is expected to be implemented during fiscal year 2012-13.

Law Practice Management

In 2011-12, particular attention was devoted to knowledge management and transfer and succession planning to mitigate the potential loss of corporate knowledge and other knowledge gaps. This included the launch of Justipedia, a central legal information repository that facilitates knowledge sharing, streamlines research efforts, supports the management of 38 legal practice groups, and hosts the Department’s Directory of Expertise. The Justipedia initiative was well received by Justice employees and recognized by the federal public service community, as evidenced by its appearance on the Clerk’s Spotlight on Renewal website and by the two awardsFootnote 49 it received from the Association of Public Sector Information Professionals on May 24, 2012.

Among other things, Justice made significant progress in developing a quality assurance framework for the provision of legal services and developed management dashboards containing standard case-related information to support the planning and management of resources in response to the demand for legal services. The Department also adopted In Our Opinion, an evergreen departmental guide that sets out best practices to guide counsel in providing legal advice based on the Department’s key values and principles, such as speaking with one voice and ensuring that advice takes into account whole-of-government interests.

Key elements of a performance measurement project were also developed for dispute resolution initiatives to specifically respond to a recommendation of the Auditor General and to demonstrate the benefits and outcomes of dispute resolution. In addition, Justice launched a project to assess new ways to equip practitioners across all areas of the Department to deliver dispute resolution services.

Investments in systems

The primary focus of new investment in Information Management and Information Technology systems was to streamline the Financial Management Cost-Recovery Process, ensuring timely recoveries for chargeable legal services rendered to client departments. The Cost-Recovery Project included enhancements to integrate the functionality of the Department’s legal case management system to ensure that case management timekeeping, the basis for cost recoveries from client departments for services rendered, could feed into the Department’s financial system in a fully integrated manner.

Justice was also a key partner in a pilot project for the Government’s new enterprise information management product (GCDOCS) with Public Works and Government Services Canada and the Treasury Board Secretariat. The GCDOCS Proof of Concept won the Information Management – Collaboration and Partnerships Award from the Association of Public Sector Information Professionals on May 24, 2012.

Finally, preliminary planning was carried out for the Procure to Payment system, a module of the Department’s financial system that will form the basis for future investments to bring greater control and accuracy for procurement management at Justice.

Logo Sustainable Development
– Greening Government Operations

The Department of Justice is a participant in the Federal Sustainable Development Strategy (FSDS) and contributes to the Greening Government Operations targets through the Internal Services program activity. The Department contributes to the following target areas of Theme IV (Shrinking the Environmental Footprint – Beginning with Government) of the FSDS:

In implementing the first year of its three-year Departmental Sustainable Development Strategy, the Department of Justice succeeded in meeting most of its objectives:

Additionally, legal services units developed 18 checklists of sustainable development considerations that inform their legal advice in relation to the various areas of the law. Finally, efforts have been made toward increasing the Department’s videoconferencing capacity to reduce the need for travel.

For further details on the Department’s Greening Government Operations activities, please see the List of Supplementary Information Tables in Section III.

Lessons Learned

The high number of employees wanting to participate in the National Mentoring Program (NMP) made matching participants manually, in a timely manner, a challenge. In response, the NMP developed and planned to launch a system by the end of fiscal year 2011-12 that would simplify, streamline and automate the matching of participants. However, with the introduction of social media/Web 2.0 tools at the Department, it became evident that not all employees had the knowledge to use these new collaborative tools. Therefore, the NMP was expanded to facilitate the participation of employees regardless of their familiarity with social media tools.

With regard to the launch of the Human Resources training self-service module, one of the challenges was the impact that this module had on other business processes outside of human resources (e.g., financial, administrative). Extensive consultation with various stakeholders was required, and standard processes needed to be modified and put in place across the Department. Training and expenditure approvals, including electronic authorizations that conform to the Financial Administration Act, were integrated into the new process.

During the reporting period, the Department also conducted an internal audit of its contracting activities, which resulted in a new program strategy aimed at strengthening the functional direction associated with contracting procedures and policies, enhancing awareness, and training target groups involved in the exercise of contracting authority on behalf of the Department.

Finally, while the Department succeeded in meeting its objectives for the first year of the implementation of its Sustainable Development Strategy, it will continue its efforts to increase awareness of sustainable development principles among all employees through the implementation of tools and training and the creation of green teams.

Changes to Government Structure

Shared Services Canada

Order in Council P.C. 2011-0881 (August 3, 2011) established Shared Services Canada (SSC) as a department, effective August 4, 2011. Orders in Council P.C. 2011-0877 (August 3, 2011) and P.C. 2011-1297 (November 15, 2011) transferred the control and supervision of certain portions of the federal public administration related to information technology infrastructures services. Along with the other 42 departments named in these Orders in Council, the Department must report on the amount of the resources transferred to SSC and on the expenditures incurred on its behalf.

Impacts on Financial and Human Resources Resulting from the Establishment of Shared Services Canada
2011–12 Financial Resources ($ millions)
  Planned Spending Total AuthoritiesTable note
Net transfer post Orders in Council (OIC)Table note †† to Shared Services Canada (SSC) 772.2 9.9

2011–12 Human Resources (Full Time Equivalents [FTEs])
  Planned Actual
Deemed to SSC 5,272 43
Table note †

Pursuant to section 31.1 of the Financial Administration Act and Orders in Council P.C. 2011-0881, P.C. 2011-0877 and P.C. 2011-1297, this amount was deemed to have been appropriated to SSC, which resulted in a reduction in the appropriation for Justice Canada.

Return to table note referrer

Table note ††

Total authorities, as presented in the "2011–12 Financial Resources" table (and other relevant tables) in the "Summary of Performance" section, is the net of any transfers to SSC. Actual spending does not include expenditures incurred on behalf of SSC as of the OIC date.

Return to table note †† referrer

Note: Planned Spending = Total Planned Spending based on the 2011-2012 Report on Plans and Priorities. Planned FTEs = Total Planned FTEs based on the 2011-2012 Report on Plans and Priorities