Departmental Performance Report 2012-13

• SO A: A fair, relevant and accessible Canadian justice system
• SO B: A federal government that is supported by high-quality legal services

The Department of Justice has taken a comprehensive approach to ensuring that this priority was met in 2012-13.

Performance results pertaining to the personal safety of Canadians is collected every five years through the General Social Survey. The most recent results indicate that in 2009, 92.7 percent of Canadians were satisfied with their personal safety; 47.6 percent of Canadians being very satisfied and 45.1 percent being somewhat satisfied. These results exceed the Department's target of 90 percent of Canadians reporting to be "somewhat satisfied" or "very satisfied" with their personal safety.

The next survey results will be published in 2014, and the Department aims to meet or exceed its target again at that time. In 2012-13, it has worked with provinces, territories and non-governmental organizations to reform laws and to support programs and initiatives that enhance the justice system. Safe streets and communities remains a priority of the federal government, and safety and security is a fundamental objective of a fair, relevant and accessible Canadian justice system.

In 2012-13, the Department developed and supported criminal law as well as other federal law reform proposals to enhance the personal safety and security of Canadians^{Footnote 2}. These relate to elder abuse, the victim surcharge, terrorism and public safety. The Department supported reforms to ensure faster removal of foreign offenders by removing certain recourses, as well as supported the implementation of Bill C-31, which sets out extensive reforms of the refugee determination system and new measures to combat human smuggling. Moreover, the Department participated in various international forums to advance and protect Canadian interests and values in the development of global anti-crime responses to crime and terrorism.

In addition, the Department worked with its partners to assist them in delivering programs and services that support the Canadian justice system. It engaged provinces and territories in discussions to identify emerging socio-legal issues and determine the best approaches to address them. The Department also worked with provincial and territorial counterparts on the implementation of the amendments to the Youth Criminal Justice Act (YCJA) that were passed in the Safe Streets and Communities Act and provided funding for the updating of the YCJA Sentence Calculation Handbook and training materials on the YCJA.

Over $2 million of departmental funding was allocated to 65 projects that address the involvement or vulnerability of youth to gun, gang and drug activities. The Youth Justice Fund supports projects that encourage a more effective youth justice system, respond to emerging youth justice issues and enable greater participation by citizens and communities in the youth justice system. The Department also led the National Anti-Drug Strategy to prevent illicit drug use, treat dependency and reduce the production and distribution of illicit drugs. As well, it supported projects that promote family justice services, Aboriginal justice, and access to justice in order to enhance the personal safety and security of Canadians.

In order to improve the efficiency of the Department's international technical legal assistance, it conducted an organizational review that enabled the Department to better align international legal assistance work with core departmental priorities.

• SO A: A fair, relevant and accessible Canadian justice system
• P A1: Stewardship of the Canadian Legal Framework

The Department continued to advance policy, programs and activities that not only support victims but also ensure they have a more effective voice in the criminal justice system. A strong role for victims of crime in the criminal justice system is a crucial component of a fair, relevant and accessible Canadian justice system. The Department exceeded all of its performance targets related to supporting victims of crime. While targets at the sub-sub-program level are not published in the DPR, it is worth noting that 94 percent of survey respondents indicated that the funding was useful and helpful in reducing financial hardship (exceeding target of 75 percent); 99 percent of applicants (registered victims) received funding to attend Parole Board of Canada hearings (exceeding target of 90 percent); and 92 percent of applicants received financial assistance as a result of being victimized abroad (exceeding target of 80 percent).

The Department provided $10.8 million in grants and contributions to support the following:

• Eight organizations with operational funding to serve victims of crime from across the country;
• Nine projects to assist the families of missing and murdered Aboriginal women;
• 18 child advocacy centre projects to help children and youth who were victims of crime or witnesses to a crime and their families as they proceed through the justice system;
• 40 projects that delivered victim-centred programs and services for victims and their families;
• nearly 500 victims and their support persons (99 percent of applicants), enabling them to travel to and attend Parole Board of Canada hearings; and
• more than 100 Canadians victimized abroad and their support persons (92 percent of applicants) with emergency financial assistance to cover travel costs to attend trial as well as other related services and expenses.

In support of a fair, relevant and accessible Canadian justice system, the Department's Policy Centre for Victim Issues (PCVI) continued to co-ordinate and develop all federal legislative initiatives and policy relating to victim issues, including the Federal Victims Strategy. The PCVI acted as the central point of contact for provinces and territories and led national awareness initiatives, including the 7th annual National Victims of Crime Awareness Week, with 162 funded events to advance and raise awareness of emerging victim issues and victim services.

• SO B: A federal government that is supported by high-quality legal services
• P B1: Legal Services to Government Program

The Department of Justice serves the Government of Canada by providing high-quality legal services to the federal government and client departments and agencies. In support of a healthy Canadian economy and the Government's return to a balanced budget, the Department provided integrated legal advisory, litigation, and legislative and regulatory drafting services to client organizations. These services support a broad range of policies, programs and initiatives aimed at stimulating the economy and improving government efficiency. This work contributed to the Department's ability to exceed two of its targets with regard to the percentage of litigation files that have a successful outcome (settled and adjudicated) and the total number of bills tabled in Parliament and regulations published in the Canada Gazette. The Department is working to improve adherence to its service standards in the delivery of all legal services, including those provided in support of a healthy Canadian economy.

Among Government initiatives that support a healthy economy, the Department provided legal services in support of:

• major resource projects that will create jobs and stimulate the economy, such as the Northern Gateway Pipeline, the Shell Jackpine Oilsands Expansion, and the Lower Churchill River Hydroelectric Project Transmission Line;
• the Federal Framework for Aboriginal Economic Development, which focuses on reducing barriers to Aboriginal economic development and unlocking the economic potential in Aboriginal lands;
• the Specific Claims Action Plan: Justice at Last Initiative, which works to address unsettled claims with First Nations, including 300 ongoing negotiations and 20 settlements in order to bring justice to First Nations and certainty to all Canadians;
• the Canada-United States Regulatory Cooperation Council, which aims to improve regulatory alignment between Canada and the United States to facilitate cross-border trade and investment;
• the Canada-United States Beyond the Border Action Plan and the development of a Statement of Privacy Protection Principles on information sharing between the two countries;^{Footnote 3}.
• the establishment of a capital markets regulator and additional measures to stabilize the Canadian financial sector, to advance tax initiatives and to improve the administration of tax agreements with provinces, territories and Aboriginal governments; and
• defending legal challenges to the constitutionality of the Marketing Freedom for Grain Farmers Act, which terminated the monopoly of the Canadian Wheat Board.

Among Government initiatives aimed at achieving efficiencies within government, the Department provided legal services in support of:

• the implementing legislation for the 2012 and the 2013 federal budgets;
• updates to the public pension legislation and regulation;
• developing and defending legislation and decisions aimed at downsizing the Public Service;
• defending legal challenges to the Expenditure Restraint Act, which limited increases to public sector rates of pay;
• defending legal challenges related to the Ending the Long-gun Registry Act, which amended the Criminal Code and the Firearms Act to remove the requirement to register firearms that are neither prohibited nor restricted and provided for the destruction of existing records related to the registration of such firearms;
• the Government's divestitures of surplus real property to reduce costs and create revenues; and
• working with the Canada Revenue Agency to find efficiencies and review initiatives relating to the Tax Court of Canada.

• SO A: A fair, relevant and accessible Canadian justice system
• SO B: A federal government that is supported by high-quality legal services

The Department developed a Modernization Strategy as a tool for renewal and transformation in the context of expenditure restraint. The Strategy incorporates two components: implementation of the Department's 2012 Economic Action Plan commitments and, more generally, change initiatives to ensure a Department of Justice that is an integrated, inclusive, connected organization and a leader in providing effective, efficient and excellent legal and policy services.

Through the Modernization Strategy, the Department successfully met its financial commitments as set out in the 2012 Economic Action Plan, exceeding its target of $12.3 million in savings for 2012-13. It did so by reducing discretionary spending on travel, hospitality and conferences and by increasing its use of information technology. The Department also successfully met its commitment with respect to human resources, reducing the number of full-time employees by 112, slightly higher than the planned target of 95. Using performance measurement and benchmarking, the Department optimized the usage of legal resources. One notable pilot project limited the number of hours to be spent on non-complex and low-risk immigration files. This initiative generated savings of $700,000 in one year. The Department will look into expanding this practice, where applicable. Furthermore, the Department developed a list of best practices for managers, such as increasing the use of paralegal staff, encouraging knowledge transfer, and offering training on project management principles for legal professionals. The application of these best practices coupled with evidence-based decisions, risk management and reviews of business practices allowed the Department to implement law practice efficiencies aimed at lowering the costs of providing legal services. These initiatives did not hinder the Department's ability to provide high quality legal services. It exceeded its target of 70 percent of litigation files that have a successful outcome (settled and adjudicated) by attaining a 74 percent success rate, consistent with last year's results and surpassing the 2010-11 results of 70.4 percent. It also surpassed its target pertaining to the number of bills tabled in Parliament and regulations published in the Canada Gazette, with a total of 541 bills tabled in Parliament and regulations published in the Canada Gazette.

The Department also made a concerted effort to work with clients to deliver legal services more efficiently. Enhanced screening of client service needs and prioritization of high-risk requests were implemented. Regular consultation and dialogue with clients during the legal process ensured that resources were aligned with areas of highest priority and risk to government. The Department also streamlined the delivery of legal services through the merging of several departmental legal services units that served one minister and provided services in complementary areas of the law. These mergers allowed a rationalization of the work, a reduction in management overhead and the achievement of a more efficient service delivery model.

Other initiatives included streamlining and consolidating internal and business services, modernizing the approach to research, and moving towards a full cost-recovery model for international technical legal assistance work.