Departmental Performance Report 2012-13
Section II: Analysis of Programs and Sub-Programs by Strategic Outcome
Strategic Outcome A: A fair, relevant and accessible Canadian justice system
Ensuring that the Canadian justice system is fair, relevant and accessible is a responsibility that does not lie with the Department of Justice alone. Rather, it involves a broad range of institutions and others, 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 major part in this by carrying out its fundamental role in establishing, maintaining and refining the Canadian Legal Framework.
This strategic outcome is supported by two programs: the Stewardship of the Canadian Legal Framework and the Office of the Federal Ombudsman for Victims of Crime. It is also supported by four sub-programs: Criminal Justice, Family Justice, Access to Justice and Aboriginal Justice.
Program A1: Stewardship of the Canadian Legal Framework
Program Description
Under Canada's federal system, the administration of justice is an area of shared jurisdiction between the federal government and the provinces. Through the Program, 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. The Program also includes significant ongoing funding to the provinces and territories in support of their responsibility for the day-to-day administration of justice.
| Total Budgetary Expenditures (Main Estimates) 2012–13 | Planned Spending 2012–13 | Total Authorities (available for use) 2012–13 | Actual Spending (authorities used) 2012–13 | Difference 2012–13 |
|---|---|---|---|---|
| 408.7 | 409.7 | 434.5 | 424.3 | (14.6) |
| Planned 2012–13 |
Actual 2012–13 |
Difference 2012–13 |
|---|---|---|
| 336 | 316 | 20Footnote 6 |
| Expected Results |
Performance Indicators |
Targets | Actual Results |
|---|---|---|---|
| Canadians are confident in their national justice system | Percentage of Canadians who rate their level of confidence in the adult criminal justice system as 6.0 or greater on a 10-point scale | 60% (by March 2015) |
50.5% (in 2011) |
| Percentage of Canadians who rate their level of confidence in the youth criminal justice system as 6.0 or greater on a 10-point scale | 60% (by March 2015) |
39.7% (in 2011) |
Performance Analysis and Lessons Learned
In 2012-13, the Department spent $424.3 million on Stewardship of the Canadian Legal Framework and employed 316 FTEs. The increase in actual spending can be attributed mainly to higher than planned spending in Sub-Programs A1.3 Access to Justice and A1.4 Aboriginal Justice.
The Department has set a target of 60 percent of Canadians who rate their level of confidence in the adult criminal justice system and youth criminal justice system as 6.0 or greater on a 10-point scale, which it aims to reach by March 2015. When last surveyed in 2011, the Department fell short of meeting these targets.
In response, the Department continued to work over the reporting period with provinces and territories to improve the criminal justice system to make it more fair, relevant and accessible. The Department focused on reforming criminal law, supporting victims of crime, ensuring that legal services are available in both official languages, and sharing information with the public with the goal of increasing confidence in the adult and youth criminal justice systems. The Department believes that these measures will allow for the targets to be met by 2015. New performance data will be provided in 2014.
Recommendations from evaluations completed on programs that fall under Program A1: Stewardship of the Canadian Legal Framework provided guidance for improvement.
The Department also applied lessons learned from program analysis. The benefits of ongoing communication and consultations with partners from the earliest phases of initiatives have proven to be crucial to success. To mitigate financial concerns related to federal and provincial fiscal restraint, the Department devoted efforts to strengthening partnerships with stakeholders.
For example, as a result of reduced funding for several Grants and Contributions programs in 2012-13, and in support of the priority "To manage organizational change in the context of expenditure restraint," the Department developed and implemented a strong communications strategy with stakeholders. This enabled the Department to continue to deliver programs effectively in priority areas.
Moreover, early and ongoing collaboration with the provinces and territories on the implementation of the Youth Criminal Justice Act and amendments to the Safe Streets and Communities Act helped jurisdictions provide training and materials to better prepare for the coming-into-force of the amendments.
For more information on the Department's activities, please refer to the Department's Key Accomplishments.
Sub-Program A1.1: Criminal Justice
Sub-Program Description
The Department develops and coordinates all federal policy and legislation in the area of criminal law, including: the monitoring of developments in criminal law and policy, procedure, security and terrorism, and sentencing; the development and implementation of options for criminal law and policy reforms including through legislation; and the provision of advice to other departments in matters related to the criminal law. The Department works closely with the provinces and territories in support of their responsibility for the day-to-day administration of justice. The Department also responds to parliamentary business involving criminal law matters, including Government bills, private members' bills and parliamentary reviews. Through its criminal justice expertise, the Department also supports the Government's international priorities related to justice – namely, the provision of policy advice in the development of Canada's international justice policies, the negotiation and implementation of international norms dealing with global crime and security issues in international forums, and the provision of technical assistance to foreign countries seeking to reform their justice systems.
| Planned Spending 2012–13 |
Actual Spending 2012–13 |
Difference 2012–13 |
|---|---|---|
| 228.9 | 224.7 | 4.2 |
| Planned 2012–13 |
Actual 2012–13 |
Difference 2012–13 |
|---|---|---|
| 125 | 135Footnote 7 | (10) |
| Expected Results |
Performance Indicators |
Targets | Actual Results |
|---|---|---|---|
| Canadians' personal and property safety is protected by relevant criminal law | Percentage decrease in the police-reported crime rate in Canada | 1% |
|
| Percentage of Canadians reporting to be "somewhat satisfied" or "very satisfied" with their personal safety | 90% (by March 2015)Footnote 8 | 92.7% |
Performance Analysis and Lessons Learned
As mentioned in Section I under the organizational priority "To enhance the personal safety and security of citizens," performance results pertaining to the personal safety of Canadians is collected every five years through the General Social Survey (GSS). The most recent results indicate that in 2009, 92.7 percent of Canadians were satisfied with their personal safety, with 47.6 percent of Canadians reporting to be "very satisfied" and 45.1 percent reporting to be "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" and are similar to the GSS findings from 2004. The next survey results will be published in 2014.
In 2011, the crime rate and the crime severity index each decreased by 6 percent when compared to 2010 results. This year, the crime rate and crime severity index continued to decrease, both declining by 3 percent when compared to 2011 results and exceeding the Department's target of a 1 percent decrease. However, this overall decrease is not representative of all Canadian jurisdictions or of all types of crime. Police reported crime rates and the crime severity index increased in 2012 in New Brunswick and Prince Edward Island, as well as in the three territories. Furthermore, offences causing death other than homicide, as well as extortion, firearm offences and sexual violations against children, were among the few types of violent crime whose rate increased in 2012.
The Department has continued to work diligently to reduce the crime rate in a number of ways and to maintain public satisfaction with respect to personal safety in order to meet the target of 90 percent by 2015. The Department developed and supported criminal law reform proposals aimed at increasing the personal safety and security of citizens and the confidence of Canadians in the criminal justice system.Footnote 9 It also continued to lead the Federal Victims Strategy (including the Victims Fund); managed the Youth Justice Services Funding Program and the Youth Justice Fund, which supported projects focused on guns, gangs and drugs; and provided support for Canada's foreign policy objectives, including through its continued provision of international legal technical assistance.Footnote 10
The Department spent $224.7 million and employed 135 FTEs in support of the Criminal Justice Sub-Program. Total spending decreased by $4.2 million compared to its planned spending. While there was a spending increase of $1.4 million to the Victims Fund in order to expand the reach of the Federal Victims Strategy, overall savings can be mainly attributed to $2.2 million of reductions in Grants and Contributions in line with Budget 2012 savings measures, $2.9 million in savings resulting from minor internal departmental transfers, Budget 2012 operating savings measures and prudent financial management as a result of the fiscal constraints.
Evaluations under this Sub-Program include:
- The National Anti-Drug Strategy Evaluation (2012)
- The Evaluation of the Youth Justice Initiative Funding Components (2011)
- The Federal Victims Strategy Evaluation (2011)
- The National Anti-Drug Strategy Implementation Evaluation (2010)
- The Drug Treatment Court Funding Program Evaluation (2009)
The Department responded to recommendations from all evaluations to improve programs and better serve Canadians. For example, in response to the findings from the Federal Victims Strategy Evaluation, the Department has developed an outreach action plan, which takes a multi-pronged approach to reaching more Canadians and potential recipient organizations that deliver victim services.
Sub-Program A1.2: Family Justice
Sub-Program Description
The Department provides analysis, advice and litigation support in areas of marriage, divorce, child support and custody/access enforcement. The Department develops and implements policy and program initiatives and family law reforms in consultation with provinces and territories. The Department also delivers services that assist in the enforcement of support orders and agreements and the detection of duplicate divorce proceedings. The aim of departmental family justice activities is to contribute to the development and maintenance of a child-centered family justice system that facilitates access to justice and encourages parents to comply with their family obligations.
| Planned Spending 2012–13 |
Actual Spending 2012–13 |
Difference 2012–13 |
|---|---|---|
| 27.4 | 26.6 | 0.8 |
| Planned 2012–13 |
Actual 2012–13 |
Difference 2012–13 |
|---|---|---|
| 82 | 79 | 3 |
| Expected Results |
Performance Indicators |
Targets | Actual Results |
|---|---|---|---|
| Families experiencing separation and divorce are supported by federal enforcement activities | Number of tracing applications to help find parents in default | 21,000 | 35,611 |
| Total amount of federal monies garnisheed or diverted to help pay family support | $140 million | $165.2 million |
Performance Analysis and Lessons Learned
With $26.6 million and 79 FTEs, the Department successfully supported families experiencing separation and divorce by working collaboratively with federal partners, provinces and territories to enforce family support orders and agreements. The Department exceeded its tracing application target of 21,000 by processing 35,611 tracing applications to help find parents in default of support, which is consistent with the 35,502 tracing applications processed in 2011-12.
The Department also garnisheed $165.2 million to satisfy support obligations, surpassing its target of $140 million. The Department continued to manage the Support Families Initiative, which facilitates access to the family justice system and helps parents to comply with their family law obligations. Through this initiative, the Department provided $15.5 million in funding to provinces and territories for the provision of family justice services and $500,000 to non-governmental organizations for the development and delivery of information and training resources.
As part of ongoing efforts to improve access to justice and address family violence, the Department continued to work on developing law reform proposals, supported major litigation files related to family justice, and supported public legal education and information activities. It published an updated version of Abuse is Wrong in Any Language, which provides information about the law related to family violence, including forced marriage and violence committed in the name of so-called "honour" for newcomers to Canada, and held an associated workshop for child protection representatives across Canada. Also, in response to stakeholder requests, the Department released an updated version of A Handbook for Police and Crown Prosecutors on Criminal Harassment (2012).
The Department recognized that parents experiencing separation and divorce need more information on how to develop parenting plans. Therefore, the Department developed tools to help parents agree on how to care for their children after separation and divorce. These include: a guide on parenting after separation or divorce, a list of issues to consider when making a parenting plan and sample clauses and wording for a parenting plan, which are all publicly available on the Department's website.
Sub-Program A1.3: Access to Justice
Sub-Program Description
Through the Access to Justice Sub-Program, the Department of Justice seeks to enable Canadians to obtain the information and assistance they need to resolve their legal issues, whether in the formal justice system or through alternative resolution mechanisms. The Department promotes access to justice through research, programs and policy initiatives, as well as through funding of non-governmental organizations, Aboriginal groups, communities, and provinces and territories.
| Planned Spending 2012–13 |
Actual Spending 2012–13 |
Difference 2012–13 |
|---|---|---|
| 143.5 | 152.3 | (8.8) |
| Planned 2012–13 |
Actual 2012–13 |
Difference 2012–13 |
|---|---|---|
| 91 | 70 | 21 |
| Expected Results |
Performance Indicators |
Targets | Actual Results |
|---|---|---|---|
| Canadians are able to obtain coherent information and assistance to access the justice system to resolve their legal issues | Percentage of provinces that have public legal education and information organizations supported by Justice Canada | 100% | 100% |
Performance Analysis and Lessons Learned
The Department seeks to improve access to justice in civil, family and criminal matters, recognizing the need to address barriers to accessing justice, including high legal fees, the lack of reliable information, and overburdened courts, as well as the distinct challenges that exist in Canada's northern and remote regions. These barriers affirm the importance of making available high-quality public legal education and information (PLEI) materials. The Department attained its goal of funding organizations that develop and provide PLEI in all 10 provinces and also funded PLEI in Canada's three territories.
The Department renewed commitments to support legal aid in the provinces and territories and access to justice services in northern communities. Furthermore, the Department continued to work with its partners to improve their capacity to offer services in both official languages. To that end, the Department funded projects aimed at better equipping justice stakeholders to offer services in both English and French, including a web portal that provides tools to help deliver services in French.
The Access to Justice Sub-Program spent $152.3 million and employed 70 FTEs in 2012-13. This represents an increase of $8.8 million from its planned spending, which resulted mainly from the renewal of a component of the Legal Aid Program requiring an increase of $14.3 million. This increase was partially offset by savings of $6 million found through minor internal departmental transfers, Budget 2012 operating savings measures and prudent financial management.
Evaluations under the Access to Justice Sub-Program include:
- The Access to Justice Services Agreements in the Territories Evaluation (2012)
- The Initiative in Support of Access to Justice in Both Official Languages Evaluation (2012)
- The Contraventions Act Fund for Implementation of Language Obligations Evaluation (2012)
- The Legal Aid Program Evaluation (2012)
- The Justice Partnership and Innovation Program Evaluation (2012)
- The Contraventions Act Evaluation (2010)
The Department responded to recommendations from all evaluations. For example, in response to the evaluation of Access to Justice Services Agreements in the Territories, the Department implemented an action plan focused on collaboration with territorial officials to review existing performance measures and to determine if additional performance measures would better reflect the unique circumstances in the North for delivering access to justice services.
Additionally, the Department will continue to encourage its partners to use new technologies in support of Access to Justice in Both Official Languages. The Department will work closely with partners to create a platform from which all the tools developed will be accessible. The first component of this platform was launched on February 26, 2013 (www.cliquezjustice.ca) (French only).
Sub-Program A1.4: Aboriginal Justice
Sub-Program Description
The Department assists Aboriginal people in creating, administering and accessing a fair and culturally sensitive justice system. In partnership with provinces, territories and Aboriginal communities, the Department develops informed and responsive policies for ongoing and effective program delivery. In addition, the Department supports the development of capacity at the community level to increase knowledge and effectively navigate the mainstream justice system and culturally relevant justice alternatives. Aboriginal justice is a shared responsibility across levels of government.
| Planned Spending 2012–13 |
Actual Spending 2012–13 |
Difference 2012–13 |
|---|---|---|
| 9.9 | 20.7 | (10.8) |
| Planned 2012–13 |
Actual 2012–13 |
Difference 2012–13 |
|---|---|---|
| 36 | 32 | 4 |
| Expected Results |
Performance Indicators |
Targets | Actual Results |
|---|---|---|---|
| A justice system that responds to the needs of Aboriginal people in a fair and culturally sensitive manner | Number of communities with Aboriginal Justice Strategy projects/programs that support community-based justice and capacity building/training | 600 | 800 |
| Number of individuals served by Aboriginal Courtwork programs in the provinces | 30,000 | 51,762 (in 2011-12)Footnote 11 |
Performance Analysis and Lessons Learned
The Department successfully worked with provincial and territorial partners to implement and advance the Aboriginal Justice Strategy (AJS) and the Aboriginal Courtwork Program (ACW). The AJS delivers programs and projects aimed at helping Aboriginal people to create, administer and access fair and culturally sensitive justice services and processes. Approximately 275 AJS programs provided services to more than 800 Aboriginal communities, exceeding the target and last year's results by more than 200 communities. As well, 41 AJS capacity-building and training projects reached more than 400 Aboriginal communities.
The ACW helps Aboriginal people in conflict with the law to understand their legal rights and the legal services that are available to them. Approximately 51,762 individuals were served by the ACW in 2011-12Footnote 12 with a client satisfaction rate of 92 percent.Footnote 13 In addition to project funding, the Department undertook efforts to strengthen collaboration and partnerships with federal departments and stakeholders in order to increase their understanding of Aboriginal justice programming.
The Aboriginal Justice Sub-Program employed 32 FTEs and spent $20.7 million in 2012-13, an increase of $10.8 million compared to its planned spending of $9.9 million. This increase is mainly due to renewed funding for the AJS for one year, which amounted to $11.9 million.
Evaluations under the Aboriginal Justice Sub-Program include:
- Aboriginal Courtwork Program Evaluation (2013)
- The Aboriginal Justice Strategy Evaluation (2011)
- The Aboriginal Justice Strategy Mid-Term Evaluation (2010)
The Department learns from all evaluations and develops management action plans to implement changes recommended in the evaluations. As a result of the Aboriginal Courtwork Program Evaluation (2013), the Department will continue to work with the provinces, territories and service delivery agencies to update the performance measurement strategy and implement new national performance measuresFootnote 14 that will better capture the work of the program. For more information, please refer to the management response and action plan.
Another lesson learned pertains to the AJS Capacity Building-Fund application process. In 2012-13, the Department launched the Capacity-Building Fund call for proposals earlier in the year, which resulted in one of the most successful calls to date and an increased number of well-developed proposals. It also allowed the Department to better plan and manage funding for capacity-building and training projects.
Program A2: Office of the Federal Ombudsman for Victims of Crime
Program Description
This program 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 helps victims to access existing federal programs and services.
The Office of the Federal Ombudsman for Victims of Crime was established in 2007 as an arm's length program 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:
- to promote access by victims to existing federal programs and services for victims;
- to address complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act that apply to victims of crimes committed by offenders under federal jurisdiction;
- to promote awareness of the needs and concerns of victims and the applicable laws that benefit victims of crime, including promoting the principles set out in the Canadian Statement of Basic Principles of Justice for Victims of Crime with respect to matters of federal jurisdiction among criminal justice personnel and policy makers;
- to identify and review emerging and systemic issues, including those related to programs and services provided or administered by the Department of Justice or Public Safety Canada, that negatively impact victims of crime; and
- to facilitate access by victims to existing federal programs and services by providing them with information and referrals.
| Total Budgetary Expenditures (Main Estimates) 2012–13 | Planned Spending 2012–13 | Total Authorities (available for use) 2012–13 | Actual Spending (authorities used) 2012–13 | Difference 2012–13 |
|---|---|---|---|---|
| 1.3 | 1.3 | 1.3 | 1.2 | 0.1 |
| Planned 2012–13 |
Actual 2012–13 |
Difference 2012–13 |
|---|---|---|
| 10 | 9 | 1 |
| Expected Results |
Performance Indicators |
Targets | Actual Results |
|---|---|---|---|
| Victims of crime have effective access to information on their rights and the federal programs and services that are available to them | Year-over-year percentage increase of client contacts with the Office of the Federal Ombudsman for Victims of Crime | 10% | Not available. Please see Performance Analysis and Lessons Learned section below. |
| Victims of crime have access to a neutral review process to address complaints about federal programs, services, laws or policies regarding victims of crime | Year-over-year percentage increase of complaints registered and processed/reviewed | 5% | Not available. Please see Performance Analysis and Lessons Learned section below. |
| Federal departments, agencies and other stakeholders effect positive change for victims of crime | Percentage of Office of the Federal Ombudsman for Victims of Crime recommendations submitted and acknowledged and/or acted upon | 100% | Not available. Please see Performance Analysis and Lessons Learned section below. |
Performance Analysis and Lessons Learned
The Office of the Federal Ombudsman for Victims of Crime (OFOVC) falls outside the Department's governance framework. Information regarding activities performed in 2012-13 will be made available in the Office of the Federal Ombudsman for Victims of Crime 2012-13 Annual Report. For further information regarding the 2012-13 activities, please see the Office's website.
Strategic Outcome B: A federal government that is supported by high-quality legal services
Under the Department of Justice Act, the Minister of Justice and Attorney General of Canada provides high-quality 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. Under section 4.1 of the Act, 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 the bills are not inconsistent with the Canadian Charter of Rights and Freedoms.
Additionally, under section 5 of the Department of Justice 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: the Legal Services to Government Program.
Program B1: Legal Services to Government Program
Program Description
The Department of Justice provides an integrated suite of high-quality legal advisory, litigation and legislative services to the Minister of Justice and to all federal departments and agencies to support them in meeting the Government's policy and programming priorities and to advance the overall objectives of the Government. Services are provided through a network of departmental legal services units co-located with client departments and agencies, specialized legal capacities within national headquarters and a network of regional offices and sub-offices providing legal advisory and litigation services to federal departments and agencies across the country.
| Total Budgetary Expenditures (Main Estimates) 2012–13 | Planned Spending 2012–13 | Total Authorities (available for use) 2012–13 | Actual Spending (authorities used) 2012–13 | Difference 2012–13 |
|---|---|---|---|---|
| 192.9 | 199.9 | 453.8 | 442.5 | (242.6) |
| Planned 2012–13 |
Actual 2012–13 |
Difference 2012–13 |
|---|---|---|
| 3,508 | 3,334 | 174 |
| Expected Results |
Performance Indicators |
Targets | Actual Results |
|---|---|---|---|
| Federal departments and agencies receive high-quality legal services | Percentage of service standards that receive a client-satisfaction rating of 8.0 or greater on a 10-point scale | 70% (by June 2015)Footnote 15 |
40% |
| The Crown's interest is represented before courts and tribunals | Percentage of litigation files that have a successful outcome (settled and adjudicated) | 70% | 74.9% |
| Comprehensive delivery on the Government's legislative agenda | Number of bills tabled in Parliament (House of Commons and Senate) and regulations published in the Canada Gazette | 500 | 541 |
Performance Analysis and Lessons Learned
The variance of $242.6 million for the Program is mainly explained by the fact that the Planned Spending ($199.9 million) excludes Net Vote Authority (estimated at $275.1 million in the 2012-13 Report on Plans and Priorities), while Actual Spending includes the Net Vote Authority. The Net Vote Authority is an authority from Parliament that allows the Department to spend revenues collected from other government departments and agencies for the provision of legal services and for the provision of internal support services. The total spending related to the Net Vote Authority in 2012-13 has reduced by $25.8 million when compared to the Planned Revenue in the 2012-13 Report on Plans and Priorities, which is mostly due to a general decrease in demand and the associated costs for legal services rendered and the implementation of the Budget 2012 savings measures. The Program also received funding for various initiatives.Footnote 16 Human resources were also lower than planned by 174 FTEs, which is partially explained by the reductions resulting from the Modernization Strategy resulting from the Department's commitments to reducing costs.
In 2012-13, the Department exceeded its target pertaining to the "percentage of litigation files with a successful outcome" by attaining a 74.9 percent success rate. It also exceeded its target with respect to the "number of bills tabled in Parliament (House of Commons and Senate) and regulations published in the Canada Gazette" by tabling 31 bills and publishing 510 regulations.
While the number of bills tabled has declined over the past few years, the number of regulations has increased (see graph below).
Trends in Bills Tabled in Parliament and Regulations Published in the Canada Gazette
Text version: Trends in Bills Tabled in Parliament and Regulations Published in the Canada Gazette
This stacked bar graph illustrates the trends in the number of bills tabled in Parliament each fiscal year since 2010-11, as well as the number of regulations published in the Canada Gazette.
Along the x-axis are fiscal years 2010-11, 2011-12, and 2012-13. The y-axis presents numbers from 0 to 600. This graph shows an increase in the number of regulations published in the Canada Gazette for the three years presented and a slight decrease in the number of bills tabled in Parliament for each of those three years.
In this stacked bar graph, the number of regulations published in the Canada Gazette each year is represented by the bottom section of each column. This number increased from 318 in 2010-11, to 481 in 2011-12 and 510 in 2012-13. The number of bills tabled in Parliament is represented by the top section of the column, with this number decreasing from 59 bills tabled in 2010-2011, to 44 in 2011-12, and 31 in 2012-2013.
It is important to keep in mind that bills and regulations are drafted in response to requests made by the Government. Consequently, the number of legislative services files has decreased by 9.6 percent (291 files) in 2012-13, compared to 2011-12. While the number of hours spent on legislative files has also decreased, the breadth and complexity of the files has increased significantly, resulting in an increase in the time spent on each file.
Trends in Legislative Services Activities
Text version: Trends in Legislative Services Activities
This bar graph illustrates the levels of effort dedicated to legislative files each fiscal year since 2010-11. Along the x-axis are fiscal years 2010-11, 2011-2012, and 2012-13. The y-axis includes numbers from 0 to 4,000 on the left side to depict number of legislative files, and 0 to 250,000 on the right side to depict number of hours. The number of files and number of hours decreased from 2010-11 to 2012-13.
The number of legislative files ranged from 3,717 in 2010-11, to 3,032 in 2011-12, and to 2,739 in 2012-13.
The number of hours dedicated to legislative files ranged from 249,339 in 2010-11, to 224,731 in 2011-12, and to 219,616 in 2012-13.
The Department is also monitoring trends in legal advisory and litigation activities and the results of its efforts to improve the efficiency of its services. The demand for legal advisory services decreased in 2012-13. Following steady increases since 2008-09, the number of advisory files declined slightly between 2011-12 and 2012-13, with a 0.3 percent decrease in advisory files (139 files). The level of effort dedicated to advisory files also declined, with the Department dedicating 5.39 percent fewer hours to advisory services (78,324 hours) than in 2011-12.
Trends in Advisory Activities
Text version: Trends in Advisory Activities
This bar graph illustrates the trends in the levels of effort dedicated to advisory files each fiscal year since 2010-11. Along the x-axis are fiscal years 2010-11, 2011-2012, and 2012-13. The y-axis includes numbers from 36,000 to 40,000 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 increased each year from 2010-11 to 2012-13, while the number of hours increased in 2011-12 and decreased in 2012-13.
The number of advisory files range from 37,128 in 2010-11, to 38,790 in 2011-12, and to 39,354 in 2012-13.
The number of hours dedicated to advisory files range from 1,491,142 in 2010-11, to 1,508,728 in 2011-12, and to 1,382,287 in 2012-13.
While the number of litigation files continued its upward trend with an increase of 6.2 percent (2,910 files) in 2012-13 from the previous year, the Department was able to reduce the number of hours dedicated to these files through several efficiency measures. The number of hours spent on litigation files decreased in 2012-13 by 2 percent (35,754 hours).
Trends in Litigation Activities
Text version: Trends in Litigation Activities
This bar graph illustrates the trends in the levels of effort dedicated to advisory files each fiscal year since 2010-11. Along the x-axis are fiscal years 2010-11, 2011-2012, and 2012-13. The y-axis includes numbers from 36,000 to 40,000 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 increased each year from 2010-11 to 2012-13, while the number of hours increased in 2011-12 and decreased in 2012-13.
The number of advisory files range from 37,128 in 2010-11, to 38,790 in 2011-12, and to 39,354 in 2012-13.
The number of hours dedicated to advisory files range from 1,491,142 in 2010-11, to 1,508,728 in 2011-12, and to 1,382,287 in 2012-13.
According to the Department of Justice Canada Client Feedback Survey Cycle II (CFS), client satisfaction with the "overall quality of legal services provided" was an 8.4 on a 10-point scale.
The CFS results on performance against service standards ranged from 7.3 (±0.1) to 9.3 (0.0). While the results against four service standards exceeded the target of 8.0, four fell just shy of the target, with results ranging between 7.8 and 7.9 in areas such as timeliness, early dispute resolution and client involvement in the development of legal strategies.
In response to the CFS results, the Department adopted a three-pronged action plan focused on efficiency and cost-effectiveness in legal services delivery. The plan includes the establishment of performance measures and benchmarks; enhanced screening and prioritization of client needs for legal advisory services; and the application of project management principles to legal services delivery.
To complement this action plan, the Department consulted with clients on their satisfaction with service standards and the quality of legal services. It provided training to officials from other federal departments to enhance client understanding of legislative processes and litigation issues, made further efforts to provide early dispute resolution, and involved clients in the development of legal strategies. In addition, the Department developed internal guidelines, checklists and standards; offered internal training on legislative drafting; and increased the use of paralegal staff. In response to the Audit of Legislative Services, the Department is currently working on improving the application of project management principles that are sensitive to the particular needs of legislative drafting work.
In order to improve the timeliness of legal services, the Department implemented a successful pilot project that reduced the number of hours spent on non-complex refugee leave claims. In the first year, 90 percent of these claims were completed within 12 hours, which is a significant improvement over past years. The average number of hours per file has decreased from approximately 12 hours to less than 8 hours, without adversely impacting the Government's success rate in the courts. This initiative generated savings of $700,000 in one year. Building on the success of this project, the Department will explore, with its clients, the possibility of extending this benchmarking initiative to other files and activities.
The following evaluation was completed in 2012-13:
- Tax Law Services Evaluation (2013)
The Department developed and implemented an action plan to respond to recommendations in this evaluation in order to ensure that the Department delivers high-quality legal services.
Program C1: Internal Services
Program Description
Internal Services comprise groups of related activities and resources that support the needs of the 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 includes only those activities and resources that apply across an organization and not those provided specifically within a program.
| Total Budgetary Expenditures (Main Estimates) 2012–13 | Planned Spending 2012–13 | Total Authorities (available for use) 2012–13 | Actual Spending (authorities used) 2012–13 | Difference 2012–13 |
|---|---|---|---|---|
| 91.6 | 129.0 | 175.5 | 161.5 | (32.5) |
| Planned 2012–13 |
Actual 2012–13 |
Difference 2012–13 |
|---|---|---|
| 1,244 | 1,119 | 125 |
Performance Analysis and Lessons Learned
Internal Services successfully supported the Department's two strategic outcomes in an environment of fiscal restraint and organizational change. In 2012-13, the Department of Justice modernized its operations to focus on core mandates and new ways of doing business, while safeguarding Canada's justice system. Under the Justice Modernization Strategy, the Department consolidated key internal services to minimize duplication, maximize standardization and allow for a more efficient delivery of broad corporate functions. This resulted in variances between planned and actual human and financial resources. Some highlights of these initiatives are set out below.
The Department of Justice advanced the Information@Justice Program to modernize its information practices through the adoption of a digital standard and enabling technologies, recognizing that information must be managed as an integrated and sharable business asset with appropriate oversight, accountability and due diligence. In addition, the Department extended the duration of the Cost Recovery Process Improvement Project, which is focused on establishing departmental standards and common business processes for cost recovery in the delivery of legal services.
Furthermore, the Workforce Management (WFM) Strategy guided the approach to human resources management. Its focus was on providing the necessary information, tools and resources to support managers and employees; monitoring and reporting on workforce impacts; and on the placement of employees affected by cost saving measures. As employment equity is a guiding principle in the WFM Strategy, the Department received a strong rating and ranked first out of 36 departments and agencies on the Diversity and Employment Equity component in the annual Management Accountability Framework Assessment.
The variance of $32.5 million in the Internal Services Program is mostly explained by the fact that the Net Vote Authority (estimated at $43.7 million in the 2012-13 RPP) is excluded in the Planned Spending but included in the Actual Spending. The Net Vote Authority allows the Department to spend revenues from the provision of legal services to other government departments and agencies. Through the implementation of Budget 2012, the Internal Services budget was also reduced by $3.2 million, off-set by the addition of funds received for various initiatives that were not identified in the Planned Spending.
Evaluations under the Internal Services Program include:
- The Informal Conflict Management System Evaluation (2011)
- The Legal Excellence Program Evaluation (2010)
The Department responds and takes actions on recommendations stemming from evaluations and other performance information. A source of performance information is the Public Service Employee Survey (PSES). The 2011 PSES identified an opportunity for improvement in the Department's human resources management practices. In response, the Department implemented its PSES Action Plan, and it continues to support organizational unit plans. Furthermore, the Department followed up on audit recommendations for improved control of information supporting client invoices and recoveries through the Cost Recovery Process Improvement Project, bringing the Department of Justice into better alignment with existing Government of Canada policies.
The Federal Sustainable Development Strategy
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. The Department contributes to the following target areas of Theme IV (Shrinking the Environmental Footprint – Beginning with Government) of the FSDS:
- Surplus Electronic and Electrical Equipment Target
- Printing Unit Reduction Target
- Paper Consumption Target
- Green Meetings Target
- Green Procurement Target
In implementing the second year of this three-year Departmental Sustainable Development Strategy, the Department succeeded in meeting most of its objectives:
- In the second year, the Department successfully implemented and managed its plan for electronic equipment and electronic waste handling, as well as battery recycling programs in the National Capital Region and regional offices.
- A print management strategy was completed on March 31, 2013. Over the past two years, approximately 1,400 printing units were removed from the Department. The print-unit inventory now totals 480, which reflects an 8:1 ratio of office employees to printing units.
- In reducing the total amount of paper purchased in fiscal year 2012-13, the Department met its paper-reduction target for March 31, 2013.
- The Department's Green Meetings and Events Guide, which supports the hosting of meetings that observe sustainable development principles, was adopted.
- Green procurement best practices and management processes continued to be promoted and implemented.
Additionally, the Department's legal services units continued to employ the checklists regarding sustainable development considerations that inform their legal advice in relation to the various areas of the law. Efforts continue to increase the Department's videoconferencing capacity to reduce the need for travel. Finally, the Department adopted a multi-year Information@Justice – Going Digital Strategy that will support a transformation of the way employees work.
For additional details on the Department's Greening Government Operations activities, please see the List of Supplementary Information Tables in Section III.
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