2020–21 Departmental Results Report

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Results: What We Achieved

Core Responsibilities

Legal Services

Description

The Minister of Justice and Attorney General of Canada provides legal services to the federal government and its departments and agencies. The Minister is responsible for seeing that the administration of public affairs is in accordance with the law. The Minister is also responsible for examining all government bills and regulations for consistency with the Canadian Charter of Rights and Freedoms‍^{Endnote xiii}. Additionally, the Attorney General is responsible for advising the heads of departments on all matters of law, for the legislative drafting of all government bills and regulations, and for conducting all litigation for federal departments or agencies on subjects within the authority or jurisdiction of Canada.

Results

Legal work has become increasingly complex and crosscutting, and the practice of law is dynamic. Moreover, demands for legal services may evolve, depending on the specific priorities of client departments and the various risks they face in implementing these priorities. As the main provider of legal services to the Government of Canada, the Department has adopted a client-centric approach to improve its strategic partnerships and ensure that it delivers effective and fiscally sustainable legal services that meet Government and client priorities. It does so by taking an enhanced collaborative approach that focuses on supporting client departments in their search for solutions that benefit Canadians.

The COVID-19 pandemic has generated a surge of demand for legal advisory, litigation and legislative services to support the Government of Canada in its response and help Canadians. In addition to the sharp and sustained increase in demand, the Department has faced tighter timelines and highly complex issues involving multiple stakeholders, while having to adapt to a modified work environment. Furthermore, there has been a significant increase in the volume and complexity of litigation in Indigenous legal matters and class proceedings. To mitigate the impacts and manage risks, Justice Canada collaborated with client departments and partners in central agencies with respect to assessing, prioritizing, planning and resourcing to meet urgent, rapidly changing and competing priorities. The Department also managed operational risks through its departmental strategic risk framework. This included rapidly and effectively coordinating, reallocating, mobilizing, and redeploying resources where needed to adapt operations accordingly.

The Department made use of virtual conferencing platforms as part of its transition to virtual mediations, conciliations and hearings. Over the course of the fiscal year, the Department successfully transitioned from participating in very few remote hearings to doing so in over 4,100 virtual hearings across all court levels.

International travel was disrupted by the pandemic. The Department managed the direct impact on its activities with respect to Canada’s international trade interests by taking a flexible approach and using a number of innovative practices that allowed the Government to participate efficiently in virtual trade dispute hearings and international trade negotiations. Similarly, virtual technology was used (where appropriate) to conduct negotiation activities in the areas of mutual legal assistance and extradition and to enable the Department to participate in international conferences and inter-governmental meetings.

1. Departmental Result: Departments and Agencies Receive High-Quality Legal Services

The Department continued to provide high-quality legal advisory, litigation and legislative services to support the Government of Canada’s response to the COVID-19 pandemic, to advance its ongoing commitment to working towards reconciliation with Indigenous peoples through the renewal of nation-to-nation, government-to-government and Inuit-Crown relationships, as well as to advance priorities related to social, international, economic and governmental affairs.

In all areas of its work, the Department remains committed to protecting the rights of Canadians and ensuring that the Charter is respected. During the reporting period, 30 Charter statements relating to government bills were tabled pursuant to section 4.2 of the Department of Justice Act‍^{Endnote xiv}.

1.1 COVID-19 Pandemic

Throughout 2020-21, the Department of Justice Canada provided timely and critical legal services to support the development and implementation of the Government’s response to the COVID-19 pandemic and its impacts. These included advisory, legislative and litigation services to departments and agencies in such matters as constitutional, human rights, Charter, privacy, criminal, commercial, regulatory, and labour and employment law. More specifically, the Department provided services in the following matters:

1.2 Advancing Reconciliation

The Department provided integrated legal and policy advice and legislative and litigation support to federal departments and agencies to advance the Government’s reconciliation agenda on a wide range of high-priority initiatives and economic development issues regarding Indigenous peoples. This included providing support to:

• ISC in the continued implementation of An Act respecting First Nations, Inuit and Métis children, youth and families‍^{Endnote xlii}, as well as policy reforms. In particular, the Department assisted ISC in negotiations to develop tripartite coordination agreements with Indigenous governing bodies representing section 35 rights holders and the relevant provincial and territorial governments. The objectives are to establish coordination measures related to the effective exercise of legislative authority by Indigenous governing bodies, as well as fiscal arrangements to support that exercise; to address the provision of emergency services to ensure the safety, security and well-being of Indigenous children; and to ensure that Indigenous children are able to exercise their rights effectively (17 coordination agreement tables have been established, representing 35 communities).
• Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) and ISC in advancing the implementation of the Recognition and Reconciliation of Rights Policy for treaty negotiations in British Columbia‍^{Endnote xliii} (BC) by supporting and enabling approaches to the negotiation of treaties, agreements and other constructive arrangements between Canada, the province, and participating Indigenous nations. The Department provided legal assistance and support on:
  • treaty negotiations in BC at 34 tables and at 30 Recognition of Indigenous Rights and Self-Determination tables‍^{Endnote xliv};
  • several key agreements, including a Reconciliation Framework Agreement for Fisheries Resources with A-Tlegay Member Nations‍^{Endnote xlv} and the signing of preliminary agreements with Wet’suwet’en Hereditary Chiefs and Lake Babine First Nation;
  • seven new negotiation tables that were established in 2020-21; and
  • many other issues, including fisheries, revenue sharing, land-tenure models, and governance.
• Fisheries and Oceans Canada in developing a plan for the long-term implementation of Atlantic First Nations’ treaty rights to fish in pursuit of a moderate livelihood, as well as its Blue Economy Strategy‍^{Endnote xlvi}, which aims to create opportunities for fishers and coastal communities while advancing reconciliation and conservation objectives.
• CIRNAC’s efforts to resolve specific claims‍^{Endnote xlvii} in a manner that balanced the interests of First Nations with those of Canada. This work resulted in the settlement of 36 specific claims for compensation, totalling more than $1.7 billion. Justice Canada provided 41 legal opinions on the validity of new specific claims, which were almost all accepted for negotiation on the grounds invoked.
• ISC in the implementation of the 10-year grant‍^{Endnote xlviii}, a key component of the development of a new fiscal relationship between Canada and First Nations. Justice Canada assisted in work on retroactive conversion of contribution agreements to 10-year grant agreements, reviewing for ministerial approval the financial administration by-laws passed by First Nations under section 83 of the Indian Act‍^{Endnote xlix} and advising on the role of the First Nations Financial Management Board in supporting 10-year grant eligibility.
• Immigration, Refugees and Citizenship Canada in relation to the Truth and Reconciliation Commission Calls to Action‍^{Endnote l} 93 and 94, including making revisions to the Citizenship Guide and supporting Bill C-8‍^{Endnote li}’s passage through Parliament to amend the Oath of Citizenship.

1.3 Social Affairs

In the area of social affairs, the Department provided legal services to support:

• Health Canada and Employment and Social Development Canada, as co-leads with Justice Canada, in relation to the introduction, legislative progression and enactment of Bill C-7‍^{Endnote lii}, An Act to amend the Criminal Code (medial assistance in dying).
• Health Canada in strengthening Medicare and renewing health agreements with provinces, as well as laying the groundwork for national universal pharmacare through work to establish the newly created Canadian Drug Agency Transition Office and to implement a drug plan for Canadians with rare diseases.
• Health Canada with regulatory initiatives under the Tobacco and Vaping Products Act‍^{Endnote liii} and the Cannabis Act‍^{Endnote liv} to address the rapid rise in youth vaping in Canada, by establishing a maximum nicotine concentration in vaping products‍^{Endnote lv} and restricting flavours in vaping products and inhaled cannabis extracts‍^{Endnote lvi}.
• The introduction of Bill C-6‍^{Endnote lvii}, An Act to amend the Criminal Code (conversion therapy), by the Minister of Justice. This legislation proposes new offences that would prohibit causing a minor to undergo conversion therapy in Canada or abroad, conversion therapy without consent, and profiting from, advertising or promoting conversion therapy.
• Public Safety Canada (PS) and the Royal Canadian Mounted Police as co-leads with Justice Canada in implementing the Government’s firearms‍^{Endnote lviii} policy commitments. These include the enactment of new regulations to prohibit assault-style rifles and a new Amnesty Order to promote compliance, as well as the introduction of Bill C-21‍^{Endnote lix}, An Act to amend certain Acts and make certain consequential amendments (firearms) to help municipalities create safer communities and counter firearms violence, smuggling and trafficking.
• Canadian Heritage and PS in policy development on combatting online hate and hate groups and other online harms.
• PS and related agencies in the identification, investigation and mitigation of threats posed by ideologically motivated violent extremism and terrorist organization activities, and in relation to programs to counter these threats.
• PS and related departments and agencies in regard to the continued implementation of Bill C-59‍^{Endnote lx}, An Act respecting national security matters. Justice Canada played a vital role by providing legal advice and assisting in establishing collaborative relationships with the external review bodies.
• The Parole Board of Canada in relation to the Criminal Records Act‍^{Endnote lxi} and measures to address systemic inequities in the records phase of the criminal justice system and reduce barriers.
• Innovation, Science and Economic Development Canada in policy development on digital and data issues, as well as a legislative proposal for new obligations on the handling of personal information by organizations and to strengthen enforcement authorities of the Privacy Commissioner of Canada (Bill C-11‍^{Endnote lxii}, An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make related and consequential amendments to other Acts).
• Canadian Heritage and TBS in the review, modernization and strengthening of the Official Languages Act and its related instruments, to better meet the expectations of Canadians, respond to new challenges and reaffirm the importance of Canada’s linguistic duality – this work included publication of a white paper for consultation‍^{Endnote lxiii}.

1.4 International Affairs

In the area of international affairs, the Department provided legal services to support:

• Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency (CBSA) in relation to the in-Canada asylum program‍^{Endnote lxiv}, including the implementation of temporary changes to asylum measures to address the COVID-19 pandemic, as well as working closely with United States counterparts;
• Global Affairs Canada (GAC) and other government departments in the implementation of the Canada-United States-Mexico Agreement‍^{Endnote lxv} (CUSMA), which came into force in July 2020, by drafting the implementation bill, regulations and other required instruments, as well as assisting in the negotiation of procedural rules and the establishment of dispute settlement rosters;
• GAC in climate change matters and innovative finance transactions with development partners in Europe and Africa – these multimillion-dollar transactions made under the International Assistance Innovation Program‍^{Endnote lxvii} and the International Financial Assistance Act‍^{Endnote lxviii} contribute to Canada’s commitment to the United Nations Sustainable Development Goals;
• the Canadian Space Agency in the negotiation and signing of various agreements, including with the US to develop, operate and utilize the Civil Lunar Gateway station‍^{Endnote lxix} in orbit of the moon; and
• the Competition Bureau in launching the inaugural Digital Enforcement Summit‍^{Endnote lxx}, which allowed international partners to explore new enforcement tools in the digital era.

1.5 Economic Affairs

In the area of economic affairs, the Department provided legal services to support:

• Canada Economic Development for Quebec Regions and the Atlantic Canada Opportunities Agency on a number of key initiatives and programs, such as the Black Entrepreneurship Program‍^{Endnote lxxi}, Regional Air Transportation Initiative‍^{Endnote lxxii}, and Regional Economic Growth through Innovation program‍^{Endnote lxxiii};
• the Government’s successful defence of the constitutionality of the Greenhouse Gas Pollution Pricing Act‍^{Endnote lxxiv} before the Supreme Court of Canada, in a decision rendered in March 2021;
• Finance Canada and Environment and Climate Change Canada in their initiatives to reduce greenhouse gas emissions, put a price on carbon, and increase climate change resilience, including the introduction of Bill C-12‍^{Endnote lxxv}, Canadian Net-Zero Emission Accountability Act;
• Canada’s efforts to advance the development of major resources projects, such as the Trans Mountain Expansion Project, in collaboration with provincial and territorial governments, Indigenous peoples, and other partners;
• Canadian Heritage regarding the introduction of Bill C-10‍^{Endnote lxxvi}, An Act to amend the Broadcasting Act, which aims to modernize the Broadcasting Act‍^{Endnote lxxvii}, including subjecting web giants broadcasting in Canada to the same regulations as traditional broadcasters;
• Canada Revenue Agency in its commitment to combat tax evasion and avoidance to ensure the fairness and integrity of the tax system;
• Finance Canada in making amendments to strengthen legislation and regulations to improve tools to address money laundering and anti-terrorist financing; and
• CBSA, Finance Canada, FINTRAC‍^{Footnote 2} and the RCMP in providing evidence in the Cullen Commission of Inquiry into Money Laundering in BC^{Endnote lxxviii}.

1.6 Government Affairs

In the area of government affairs, the Department provided high-quality legal services to support the effective work of the Government of Canada. This included:

• Refining and adjusting the Government’s litigation strategy, integrating it into policy-making and ensuring consistency with Canada’s commitments, the Charter, and Canadian values. Through a cross-governmental approach, Justice Canada continues to lead and collaborate on the development of litigation positions, often on complex issues, that:
  • consider all government departments and agencies, Indigenous groups, and provincial, territorial, industry and other stakeholders;
  • include early resolution and settlement or out-of-court resolution and other alternatives to litigation, such as resolution through government initiatives and programs, or legislative and regulatory reform, where appropriate.
• Unifying the Department’s positions, through the use of long-standing internal challenge functions and review mechanisms, to ensure that positions are consistent with the Principles Guiding the Attorney General of Canada in Charter Litigation‍^{Endnote lxxix}, the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples‍^{Endnote lxxx}, the Attorney General of Canada’s Directive on Civil Litigation Involving Indigenous Peoples‍^{Endnote lxxxi}, and the United Nations Declaration on the Rights of Indigenous Peoples‍^{Endnote lxxxii}.
• Federal public service matters concerning harassment and related issues of workplace violence, respect, civility and mental health. Upon coming into force, the Work Place Harassment and Violence Prevention Regulations‍^{Endnote lxxxiii} created a new framework for the prevention and resolution of alleged occurrences.
• Resolving litigation relating to sexual harassment, assault or misconduct, and harassment or discrimination in the workplace based on gender or sexual orientation and advancing the Government’s objective of bringing about real and lasting cultural change. This included implementing three final settlement agreements in relation to major class proceedings (namely the LGBT purge‍^{Endnote lxxxiv}, Heyder Beattie‍^{Endnote lxxxv}, and Tiller‍^{Endnote lxxxvi} class actions), as well as establishing the Assistant Deputy Ministers Steering Committee on Workplace Harassment and Discrimination Class Actions.
• Effective support to the Privy Council Office on matters such as Governor in Council appointments and performance management.

The Department conducts the Legal Services Client Feedback Survey‍^{Endnote lxxxvii} (CFS) as a standardized approach to measure client satisfaction and help improve the legal services it provides. The results presented for 2020-21 reflect interim feedback collected during Cycle IV of the CFS. The interim results above for 2020-21 show that client satisfaction ratings on the overall quality of legal services provided by Justice Canada continue to exceed the target of 8.0. In addition, consistent with the previous results collected as part of Cycle III of the CFS, the Department continues to exceed the target of 8.0 for the performance of legal services against the Department’s service standards. Together, overall service quality and performance ratings indicate that legal service users were largely satisfied with the services provided by Justice Canada.

In terms of the percentage of litigation files successfully resolved from a Government of Canada perspective, 92% is higher than the typical success rate. Due to impacts of the COVID-19 pandemic and several court closures throughout the reporting period, 58% fewer litigation files were resolved as compared to previous years. Although the number of files resolved decreased, there are a number of factors, such as type of files or matters resolved during this period, that could explain the 7% increase in successfully resolved files between 2019-20 and 2020-21.

Gender-Based Analysis Plus

The guiding principles of Gender-Based Analysis Plus‍^{Endnote lxxxviii} (GBA Plus) continued to be applied in all areas of the Department’s work in 2020-21, including the provision of legal services to client departments and advice to Cabinet to help ensure inclusive outcomes for Canadians.

The Department also provided legal advisory support to TBS and the Public Service Commission for a number of initiatives aimed at making the federal public service more inclusive and representative of the diversity of the Canadian population. These initiatives included:

• collecting and analyzing richer disaggregated data on diversity, inclusion, representation and experiences;
• the TBS launch of a dedicated Centre on Diversity and Inclusion‍^{Endnote lxxxix} to co-develop initiatives with employee networks and with stakeholder groups that continue to face barriers to representation and inclusion and to foster an ongoing dialogue for positive change;
• analyzing legislation for potential changes to further remove barriers to inclusion;
• proposed amendments to the Public Service Employment Act‍^{Endnote xc} to address employment equity objectives and increase diversity and inclusion in the federal public service at all levels, as well as reduce bias and barriers faced by equity-seeking groups in the appointment system and staffing processes;
• reviewing staffing processes under the Federal Internship Program for Canadians with Disabilities‍^{Endnote xci};
• implementing a new Diversity-Targeted Management Program; and
• developing regulations to allow positive targeting of individuals who are part of a special program under the Canadian Human Rights Act‍^{Endnote xcii} or the Charter.

GBA Plus considerations also informed the Department’s work with PS, CBSA and the RCMP to help combat intimate partner and gender-based violence and self-harm involving firearms through measures to reduce firearms-related crime and deter illicit access to firearms. Bill C-21‍^{Endnote xciii} proposed a new "red flag" regime that would enable people to make an application to a court for a weapon prohibition order relating to an individual who may pose a danger to themselves, their family, or others.

Experimentation^{Footnote 11}

The Department continued to seek opportunities to improve the delivery of legal services by exploring the adoption of emerging technologies. This included continuing to pilot new electronic tools to support litigation and evidence management, as well as working towards the acquisition, implementation and adoption of new evidence-management platform software tools. These tools are expected to generate new insights into services delivered to clients (e.g. identification, preservation and collection of evidence).

Legal advisory services supported the Department’s exploration of the use of artificial intelligence tools, such as predictive analysis, to support government operations and decision making. The work of Justice Canada’s artificial intelligence task force is ongoing.

Justice Canada currently uses a Client Feedback Survey‍^{Endnote xciv} (CFS) to assess client satisfaction with the legal services it provides to government departments and agencies. Individual client departments are surveyed on a two-year cyclical basis. In 2020, the Department began experimenting with a different platform to collect information on client satisfaction through an Instant Client Feedback Survey (ICFS) that follows the completion of key milestones on some individual files. A pilot is being conducted, which will run in parallel with the CFS to generate enough evidence to assess its viability.

2030 Agenda for Sustainable Development

As a signatory to the United Nations 2030 Agenda for Sustainable Development‍^{Endnote xcv}, the Government of Canada is committed to its 17 Sustainable Development Goals (SDGs) and to the overarching vision to leave no one behind. Through its Access to Justice Secretariat, which serves as a focal point, the Department of Justice Canada leads Canada’s efforts to advance SDG 16 domestically and abroad. This goal calls for peaceful, just and inclusive societies that provide access to justice for all, domestically and internationally, and build institutions that are effective, accountable, and inclusive at all levels.

The Department also supported the advancement of the overall 2030 Agenda, including SDGs 3 (Good Health and Well-Being), 5 (Gender Equality), 7 (Affordable and Clean Energy), 8 (Decent Work and Economic Growth), 10 (Reduced Inequalities), 11 (Sustainable Cities and Communities), 12 (Responsible Consumption and Production), and 13 (Climate Action).

Several Department of Justice Canada initiatives contribute to advancing SDGs:

• Justice Canada’s role in many international reform processes (e.g. the United Nations Commission on International Trade Law‍^{Endnote xcvi}, the UN Conference on Trade and Development‍^{Endnote xcvii}, and the Organisation for Economic Co-operation and Development‍^{Endnote xcviii}) supports the rules-based international order which seeks to ensure access to justice and respect for the rule of law on the international level (SDG 16).
• Contributions to World Trade Organization‍^{Endnote xcix} and UN Investor-State Dispute Settlement‍^{Endnote c} reforms help ensure inclusive international dispute settlement mechanisms and better gender representation, through measures such as requiring gender diversity among panelists and arbitrators (SDGs 5, 16).
• Canada’s commitment to strengthening its Anti-Money Laundering and Anti-Terrorist Financing Regime‍^{Endnote ci} includes the objective of modernizing and expanding the extradition and mutual legal assistance treaty networks. The International Assistance Group‍^{Endnote cii}’s Treaty Negotiation Team actively engages with a number of international/foreign partners. The treaties aim to facilitate information and evidence sharing between Canada and foreign states engaged in combating money laundering, terrorist financing and related offences. The work includes participating in international forums and on individual files to assist in the recovery of proceeds of crime and the fight against organized crime (SDG 16, targets 16.4, 16.5, 16.6).
• Justice Canada obligations imposed on legal agents of the Minister of Justice certify that they do not engage in bribery, lobbying or criminal acts in Canada and abroad (SDG 16, target 16.5).
• The Department provides assistance with respect to initiatives aimed at ensuring a more inclusive and representative federal public service (SDG 10).
• Legal advisory support was provided to TBS with respect to amendments to the Federal Sustainable Development Act‍^{Endnote ciii}, which came into force in 2020, and to the Centre for Greening Government, which is responsible for implementing the Greening Government‍^{Endnote civ} facet of Canada’s Federal Sustainable Development Strategy‍^{Endnote cv} (SDGs 7, 11, 12, 13).
• Legal advisory services were provided in relation to the Criminal Records Act and measures to address systemic inequities in the records phase of the criminal justice system (SDGs 10, 16).
• Legal advisory services were provided with respect to efforts to counter the growing rise of and prevalent threats posed by ideologically-motivated terrorist groups (SDG 11).
• Justice Canada provided legal support to implement the Government’s firearms policy commitments, including through new regulations, a new Amnesty Order and the introduction of Bill C-21 (SDG 11).

Financial, human resources and performance information for the Department of Justice Canada’s Program Inventory is available in GC InfoBase‍^{Endnote cvi}.

Justice System Support

Description

The Department of Justice Canada plays an essential role in ensuring a fair, relevant and accessible justice system. This responsibility is shared among 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.

Results

The Department develops and coordinates all federal justice legislative reforms, policy options and initiatives, and tests innovative approaches to strengthening the legal framework within various domains: criminal justice (including sentencing, criminal procedure, youth criminal justice and victims of crime); family and children’s law (including marriage and divorce); access to justice; bijuralism^{Footnote 12}; human rights; privacy; access to information; official languages; and Indigenous justice.

The Department provided justice system support to realize three key results:

1. Laws and policies abide by the rule of law and promote respect for rights and a fair, accessible and relevant legal framework in Canada.
2. The criminal justice system supports alternative ways of responding to the causes and consequences of offending.
3. Canadians in contact with the justice system have access to appropriate services enabling a fair, timely and accessible justice system.

As the Department worked to achieve these results, it strove to remain ready to respond to the accelerated pace at which new policy issues emerged or unfolded. Adding to this complexity, the broad scope of justice issues and the multi-tiered nature of Canada’s justice system require the involvement and collaboration of many partners and stakeholders.

The COVID-19 pandemic made even more apparent the challenges that the Department faces in maintaining appropriate capacity to respond to existing and future policy priorities in a timely manner and the importance of actively maintaining relationships with essential justice system partners and stakeholders. To mitigate risks, the Department continued to monitor emerging trends to inform its ongoing and future planning and maintain policy and program responsiveness.

In May 2020, in response to the challenges faced by the courts as a result of the COVID-19 crisis and related restrictions, an Action Committee on Court Operations in Response to COVID-19‍^{Endnote cvii} was established to provide national leadership to support the work of provincial and territorial governments, court administrators, and other officials responsible for the administration of justice. The Committee is co-chaired by the federal Minister of Justice and the Chief Justice of Canada, and its members include both federal and provincial officials from the Justice sector. The Committee has hosted 14 virtual meetings and has released 16 publications to promote a nationally harmonious approach to safely restoring Canadian court operations during the pandemic and to address the longer-term impacts on court operations. The Committee developed national principles and parameters, identified common needs and solutions, and promoted best practices. It enhanced information sharing and collaboration among its members, while playing a key leadership role during the pandemic and setting a positive example for coordination and communication across jurisdictions and sectors to preserve the continuity of court operations.

Due to the COVID-19 pandemic, many funding programs were affected by the decreased capacity of funding recipients to carry out planned activities. This resulted in unspent program funds. In order to support project delivery impeded by the pandemic and address lapsing funds, the Department worked with clients to reallocate and redirect funding to priorities and programs where needs were identified and where it could be used.

1. Departmental Result: Laws and Policies Abide by the Rule of Law and Promote Respect for Rights and a Fair, Accessible and Relevant Legal Framework in Canada

The Department worked to foster safety and security while supporting efforts to transform the criminal justice system. Specifically, it continued to strive to advance improvements to the criminal justice system to ensure Canadians are kept safe, to help increase efficiencies, and to reduce delays for all those involved in the system. Work was also done to address the overrepresentation of Indigenous people, Black people, and members of marginalized communities, such as those with mental health and substance abuse challenges, in the criminal justice system.

The Department remained committed to engaging with provincial and territorial governments and Indigenous governments, organizations and communities, as well as other countries, domestic and international organizations, and an increasingly diverse community of stakeholders. It focused efforts on identifying emerging issues, developing various options (including policy, legislative and operational responses), and implementing reforms to improve the criminal, family and youth justice systems and promote public confidence.

In order to address systemic issues related to existing sentencing policies, the Department led policy development and legislative work to support the introduction of Bill C-22‍^{Endnote cviii}, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act. The proposed sentencing reform measures are intended to address the overrepresentation of Indigenous people, Black people and members of marginalized communities by repealing mandatory minimum penalties for all drug offences, one tobacco-related offence, and 13 firearm-related offences. This legislation would also allow for greater use of conditional sentence orders and require law enforcement and prosecutors to consider alternative measures for simple drug possession offences, such as diversion rather than laying a charge or prosecuting. To reduce Indigenous overrepresentation and address systemic racism in the Canadian justice system, the federal government announced $49.3 million in the Fall Economic Statement 2020‍^{Endnote cix} to support the implementation of Gladue Principles‍^{Endnote cx} in the mainstream justice system.

In alignment with Canada’s whole-of-government approach to implementing the TRC Calls to Action, the Department also supported the Deputy Minister’s role as a member of the Deputy Ministers Committee on Indigenous Reconciliation, which oversees the progress on the Calls to Action.

The Department worked with Public Safety Canada to develop responses to the Final Report of the National Inquiry into MMIWG‍^{Endnote cxiv} and support the federal government’s approach to implementing the Calls for Justice. More specifically, the Department worked as co-lead to develop the Justice Theme of the federal component (i.e. the Federal Pathway‍^{Endnote cxv}) of the MMIWG National Action Plan‍^{Endnote cxvi}. This work was informed by engagements with the National Family and Survivors Circle and other working groups. While COVID-19-related restrictions considerably hampered planned engagement activities, the Department was able to participate in virtual meetings with Indigenous partners and stakeholders, provinces and territories, and other federal departments and agencies. This collaborative approach reinforced the interconnectedness of the thematic areas of the National Action Plan and helped present a more cohesive and comprehensive narrative with numerous proposed initiatives aimed at ending violence against Indigenous women, girls and 2SLGBTQQIA+^{Footnote 13} persons.

The Department also secured important new investments to strengthen the implementation of Gladue Principles‍^{Endnote cxvii} across the criminal justice system, as well as new investments to pilot community justice centres. These actions support the implementation of key Calls for Justice, as well as TRC Calls to Action. Overall, the work led to significant advancement on the MMIWG National Action Plan‍^{Endnote cxviii} and its Federal Pathway‍^{Endnote cxix} component.

Since the onset of the COVID-19 pandemic, the Department has engaged in significant outreach with provincial and territorial partners concerning the impacts of the pandemic on the criminal justice system. Building on the efficiency measures in An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (former Bill C-75)‍^{Endnote cxxiii} and the lessons learned as the pandemic progressed, Bill C-23‍^{Endnote cxxiv}, An Act to Amend the Criminal Code and the Identification of Criminals Act and make related amendments to other Acts (COVID-19 response and other measures), was introduced. Bill C-23 is intended to help reduce court delays by clarifying and expanding the availability of remote appearances by video or audio technology for accused persons; permitting prospective jurors to appear by videoconference in jury selection; permitting fingerprinting to occur at a later date where it is not feasible to do so at the usual time; and expanding and updating the existing tele-warrant regime to allow more search warrants, judicial orders, and authorizations to be issued by telecommunication.

The 2021 National Justice Survey‍^{Endnote cxxv} asked respondents to rate their confidence “today” (on the day surveyed), but also “before the pandemic”. The percentages reported above for 2020-21 reflect responses as to confidence “on the day surveyed” (51% of Canadians have moderate to high confidence that the criminal justice system is fair, and 52% that the criminal justice system is accessible). These results represent a notable decrease from the responses received as to confidence “before the pandemic” (55% and 62%, respectively), which more closely aligned with previous years’ results. The decrease in percentages from 2018-19 to 2020-21 could have been influenced by several factors, such as separating the question into confidence pre- and post-pandemic, impacts of the pandemic, or other sociopolitical factors, notably increased attention to systemic racism in the criminal justice system.

The indicator related to the number of constitutional challenges is not appropriate for establishing a target and is better suited to demonstrating trends. As such, the indicator enables the Department to identify issues of interest (e.g. immigration and refugee law matters such as the Safe Third Country Agreement; criminal law matters relating to firearms, sentencing reforms, defence of self-induced intoxication, search of electronic devices).

2. Departmental Result: The Criminal Justice System Supports Alternative Ways of Responding to the Causes and Consequences of Offending

In support of ongoing policy work aimed at developing and implementing alternative measures for responding to the causes and consequences of offending, the Department continued to focus on strengthening the criminal justice system to keep the public safe, while also addressing systemic inequities in all stages of the criminal justice system.

In addition, the Department maintained its funding support to provinces, territories and non-governmental organizations for the delivery of services and programs through the Youth Justice Services Funding Program‍^{Endnote cxxvi}, the Youth Justice Fund‍^{Endnote cxxvii}, the Intensive Rehabilitative Custody and Supervision Program‍^{Endnote cxxviii}, the Drug Treatment Court Funding Program‍^{Endnote cxxix}, and the Indigenous Justice Program‍^{Endnote cxxx}.

Justice Canada continued to support provinces and territories in providing a range of programs and services that target young persons in conflict with the law. The The Youth Justice Services Funding Program‍^{Endnote cxxxi} focuses on alternative responses to youth offences, such as diversion, extrajudicial measures or sanctions; rehabilitation and reintegration; judicial interim release; intensive support and supervision; and conferencing or other community-based sanctions. Funding provided through the Intensive Rehabilitative Custody and Supervision Program‍^{Endnote cxxxii} assists with specialized assessments and treatment services for youth with mental health needs who have been convicted of certain offences. The Department also continued to engage with other federal government departments and strengthen partnerships to further determine policy and program responses relating to diversion programs for at-risk youth.

To contribute to the advancement of the Canadian Drugs and Substances Strategy‍^{Endnote cxxxiii}, Justice Canada’s Drug Treatment Court Funding Program‍^{Endnote cxxxiv} continued to provide funding to participating provinces and territories. This program provides for court-monitored treatment and community service support for non-violent offenders with problematic substance use. The program allocated $3.7 million in funding for the operation of 13 drug treatment courts.

Through the Indigenous Justice Program‍^{Endnote cxxxv}, the Department delivered funding to support 197 Indigenous community-based justice programs that serve over 650 communities and offer culturally relevant restorative justice alternatives to mainstream justice processes in appropriate circumstances. These programs are designed to reflect the cultures, values, and specific justice needs of the communities they serve.

By working closely with the provinces and territories, the Department continues to explore legislative, program and policy opportunities to promote the use of restorative justice in the criminal justice system. Restorative justice seeks to address the harm caused by crime by providing an opportunity for victims, offenders and the community to communicate about the causes, circumstances and impacts of crime and to identify and address their respective needs.

According to available data, 450 restorative justice programs were reported in the Department of Justice Canada Directory of Restorative Justice‍^{Endnote cxxxvi} in 2020-21, which is two more than the 448 programs reported in 2019-20. Of the 450 restorative justice programs, 197 were Indigenous justice programs.

The percentage of identified, eligible Intensive Rehabilitative Custody and Supervision cases receiving specialized treatment was successfully maintained at 100%.

3. Departmental Result: Canadians in Contact with the Justice System have Access to Appropriate Services Enabling a Fair, Timely and Accessible Justice System

Through its Legal Aid Program‍^{Endnote cxxxvii}, Indigenous Courtwork Program‍^{Endnote cxxxviii}, and Access to Justice Services Agreements‍^{Endnote cxxxix}, the Department continued to contribute funding to provincial and territorial governments for the provision and delivery of legal aid services to economically disadvantaged people, for public legal education and information programs, and for Indigenous courtwork services. Indigenous courtwork services help to ensure that Indigenous people (including accused persons, victims, witnesses and family members) receive the representation and services they need to navigate the criminal justice system. According to the most recent data available^{Footnote 33}, courtworkers provided 150,018 in-court and out-of-court services to more than 69,000 Indigenous people in contact with the criminal justice system over the course of one year.

The Justice Partnership and Innovation Program‍^{Endnote cxl} (JPIP) supports activities that respond effectively to the changing conditions affecting Canadian justice policy. The JPIP launched and completed a call for proposals under the workplace sexual harassment initiative that sought projects focusing on the issue in hospitality/service industries and male-dominated workplaces. Ten projects were approved. A GBA Plus requirement helps ensure that funding recipients are proactively and meaningfully taking a gender- and diversity-sensitive approach to planning and designing their project, as well as in implementing activities. This requirement is intended to help ensure that projects are more successful in reaching and meeting the needs of diverse groups, as well as removing potential systemic barriers to accessing services.

In addition, the JPIP provided approximately $1 million in funding to provincially-designed public legal education and information organizations (and territorial counterparts) to address increased demand for information and advice related to the COVID-19 pandemic. Priority issues addressed included employment rights, family law, housing, public health, small businesses, financial, bankruptcy, and estate planning. The funding also supported the provision of information on court proceedings during the pandemic.

In collaboration with the Aboriginal Law Centre, the JPIP continued its work on the revitalisation of Indigenous laws and legal traditions. This initiative, which contributes to CTA 50, will support renewed relationships with Indigenous peoples through the funding of projects across Canada that support the development, use and understanding of Indigenous laws and are intended to improve equality for Indigenous people in the Canadian justice system. Twenty-one projects have been announced, for a total of approximately $9.5 million.

The Department leads the Federal Victims Strategy‍^{Endnote cxli}, which undertakes policy and program initiatives to increase access to justice for victims and survivors of crime and give them a more effective voice in the criminal justice system. Within the Strategy, the Department administers the Victims Fund‍^{Endnote cxlii}.

Funding provided through the Victims Fund‍^{Endnote cxliii} in 2020-21 helped to address the needs of victims of crime‍^{Footnote 34} and their families. The Department launched a targeted call for proposals to support public legal education and information non-governmental organizations that would address senior abuse and neglect. In total, nine projects were approved. This initiative allowed the organizations to undertake several activities to support victims of senior abuse and neglect. For example, funding was provided to Éducaloi^{Endnote cxliv}, an organization aiming to improve access to justice in Quebec, to work with community organizations to better understand the needs of seniors and improve its information materials, activities and tools on senior abuse. Seniors will benefit from being more aware of their rights and having better access to relevant legal information. Justice Canada also began work to address national data gaps on the issue of senior abuse and collaborated with Employment and Social Development Canada to plan for public consultations on the development of a federal policy definition.

The Government renewed provincial and territorial funding for the Family Information Liaison Units‍^{Endnote cxlv}, under the Victims Fund, for an additional three fiscal years, resulting in the approval of 13 projects. The Government also renewed funding for community-based organizations for an additional three fiscal years, under which 12 projects were approved.

The Department continued to provide policy and program support to Child Advocacy Centres across Canada, to support child and youth victims of abuse and their families. This also included additional funding for 21 Centres so they could access urgently needed resources, such as additional staff, personal protective equipment, training and technology, and better respond to the needs of children, youth and their families during the COVID-19 pandemic.

Furthermore, through the Victims Fund, the Department continued to deliver funding to five provinces and territories to support their Independent Legal Advice programs for victims of sexual assault. Three jurisdictions have expanded their programs to include independent legal representation for victims of sexual assault specific to hearings associated with the admissibility of sexual history evidence and/or third-party record applications. Eleven projects supporting the delivery of services to victims and survivors of human trafficking were also funded under the Victims Fund.

In addition, through the Strategy, the Department hosted events to raise awareness, share information, and build knowledge among criminal justice professionals and victim services organizations on ongoing and emerging issues involving victims and survivors of crime. In collaboration with a national organizing committee, the Department organized the 15^th annual Victims and Survivors of Crime Week‍^{Endnote cxlvi}, which included a virtual federal symposium and supported 90 local events across Canada. In support of the implementation of the Canadian Victims Bill of Rights‍^{Endnote cxlvii} (CVBR), public legal education and information materials on the CVBR were translated into 11 Indigenous languages. All provincial and territorial governments also received funding for CVBR-related projects and activities.

The Department also continued to work closely with Women and Gender Equality Canada and other federal departments on the implementation of the Federal Strategy to Address Gender-Based Violence‍^{Endnote cxlviii} and towards the development of a National Action Plan to Address Gender-Based Violence. In addition, the Department worked with federal-provincial-territorial officials to begin updating the Handbook for Criminal Justice Practitioners on Trafficking in Persons‍^{Endnote cxlix}, which is one of the commitments made through the National Strategy to Combat Human Trafficking 2019-2024‍^{Endnote cl}.

Through the Canadian Family Justice Fund‍^{Endnote cli}, the Department supported the delivery of justice programs and appropriate services for families experiencing separation and divorce. Using this funding, the provinces of Alberta and Newfoundland and Labrador began work on the implementation of the official languages provision of the Divorce Act‍^{Endnote clii}. In addition, 21 projects received funding to support initiatives such as Le Petit Pont‍^{Endnote cliii}, a non-governmental organization in Quebec. Funding was used to provide coaching interventions for families (in particular, high-conflict parents) to help them adapt in the context of separation and divorce, with a view to protecting the best interests of the children.

The Access to Justice in Both Official Languages Support Fund‍^{Endnote cliv} provided funding to 72 projects as part of the Government’s Action Plan on Official Languages 2018-2023: Investing in our Future‍^{Endnote clv}. The funding, provided to 16 organizations/associations, four academic institutions, and four provincial governments, helped to increase the capacity of the justice system and its stakeholders to offer justice services in both official languages and increase the availability of legal information to official language minority communities. Projects focused on raising awareness, supporting public legal information activities, developing linguistic tools, and providing training to justice professionals. For instance:

• The Legal Access Project of the Réseau des Chercheures africaines (RECAF), a Toronto-based community organization, increased awareness about various rights and obligations through free French-language workshops offered to 134 participants from multicultural communities.
• The Judicial Linguistic Training Program for provincial Crown prosecutors, legal aid lawyers, court clerks, and probation officers, offered by the Centre canadien de français juridique‍^{Endnote clvi}, a Manitoba-based non-governmental organization, delivered 27 training sessions.

Nonetheless, several projects under the Fund were impacted as a result of the inability to hold in-person training sessions. Some funding that had been reserved for training activities was therefore reallocated to other projects. As a result of the pandemic, organizations have had to rethink the delivery of training, shifting where possible to online components as opposed to in-person training.

Through the Contraventions Act Fund‍^{Endnote clvii}, the Department provided financial resources to six provinces and one municipality where the Contraventions Act‍^{Endnote clviii} regime is in effect and where there are no provincial obligations to fulfill the offender’s official language rights. This funding ensures that language rights are respected in relation to the administration and enforcement of federal contraventions and that affected Canadians have access to communications in their official language of choice in designated areas and receive judicial services in their official language of choice at any courthouse.

The Office of the Federal Ombudsman for Victims of Crime‍^{Endnote clix} (OFOVC), which operates at arm’s length from the federal government, provided direct information, referrals and complaint-review services to its primary clients: victims, victims’ family members or representatives, victim-serving agencies, and other stakeholders. The OFOVC served a total of 644 clients during the reporting period.

The results above show that the percentage of federal funds accessed by provinces, territories, non-governmental organizations and other stakeholders to deliver targeted services in support of federal priorities is consistent with that of previous reporting periods. Though slightly below the departmental target, the results remain consistent at 98% despite the COVID-19 pandemic.

The decrease in criminal legal aid applications is linked to broad changes in provincial policies and legal aid service delivery, as well as other factors. It does not indicate a reduction in legal aid services. For example, in Quebec, a program allowing defence lawyers and the Crown to deal with lesser offences outside of the court system is gaining in popularity, and decreases in social assistance recipients and in criminal offending may also play a role. Alberta now provides enhanced duty counsel services in more court locations, to try to resolve issues before trial. The province also provides duty counsel in specialized courts, and has streamlined its application process to pre-screen clients to determine eligibility for legal aid. As a result, ineligible clients no longer fill out applications.

Results above relating to the OFOVC indicate that the percentage of client inquiries or complaints assessed and acted upon is successfully maintained at 100%, in accordance with the established target.

Gender-Based Analysis Plus

To help reduce inequality in Canada and address the diverse needs of different groups of people and foster fair and inclusive outcomes for Canadians, the Department took Gender-Based Analysis Plus‍^{Endnote clx} (GBA Plus) considerations into account throughout different programs and initiatives under the Justice System Support core responsibility.

Justice Canada negotiators continued to integrate a GBA Plus lens in their work on administration-of-justice agreements with Indigenous peoples, from the development and negotiation phase to the final agreements and their implementation.

Furthermore, the Department applied a GBA Plus lens in its work in drafting the federal narrative on Justice with respect to the National Action Plan‍^{Endnote clxi} in response to the Final Report of the MMIWG National Inquiry‍^{Endnote clxii}. More specifically, the narrative discusses the barriers faced by Indigenous women, girls and 2SLGBTQQIA+ persons. The complete federal narrative informed the development of the federal chapter of the National Action Plan (the Federal Pathway‍^{Endnote clxiii}), together with input from all key partners, including provincial and territorial governments, Indigenous leaders, and families and survivors.

In support of the modernization of the Privacy Act‍^{Endnote clxiv}, the Department led collaborative, inclusive and context-sensitive policy development, with a specific focus on privacy issues of importance to Indigenous persons and communities. This work involved holding an accessible, online public consultation to obtain a broad variety of perspectives and input. The consultation included targeted outreach to Indigenous partners, with a view towards developing a better understanding of Indigenous perspectives on public sector privacy.

To support the integration of GBA Plus into criminal justice programs, policies and legislation, the State of the Criminal Justice System initiative published several new data and analytical products assessing the gendered experiences of women as victims, survivors, accused and offenders. The 2020 State of the Criminal Justice System report‍^{Endnote clxv}, which focuses on women, takes a GBA Plus approach to reporting on criminal justice system performance, by examining the prevalence and nature of criminal justice system involvement through a gender lens. Where available, the analysis examines the intersection of gender and other characteristics such as age, Indigeneity, immigrant status, disability, sexual orientation, and ethnicity. Along with the report, the online State of the Criminal Justice System dashboard‍^{Endnote clxvi} was updated with a new population-based theme on women, which includes a pre-filtered view of performance indicators that can be disaggregated by sex or gender as well as pages specifically focused on the experiences of Indigenous women and girls. This initiative will help to ensure that policy makers have the data that they need to better tailor interventions to address the needs of women interacting with the criminal justice system.

Experimentation^{Footnote 44}

The Department remains committed to innovation and improvements in program design and delivery. It also continues to seek opportunities to improve the accessibility of justice information, engagement and outreach, and delivery of services.

Justice Canada continues to experiment with pilot projects for stand-alone administration-of-justice agreements with Indigenous peoples that are not part of the Recognition of Indigenous Rights and Self-Determination discussion tables‍^{Endnote clxvii}. The Department is also negotiating stand-alone administration-of-justice agreements with several First Nations, and these agreements are flexible enough to work with both small and large Indigenous communities. Regardless of the size of the negotiation table, the Department is mindful of the specific needs of each First Nations as they assume control of targeted areas of governance. Whether the discussion is about capacity building or enforcement, the tables are ambitious and demonstrate a degree of collaboration that is novel and could be models for other tables.

2030 Agenda for Sustainable Development

Justice Canada’s Access to Justice Secretariat supports the Department in its leadership role for advancing Sustainable Development Goal 16 and provides a focal point for the Government’s efforts to promote access to justice for all, domestically and internationally, through partnerships with government and civil society representatives at home and abroad. As part of these efforts, Justice Canada organized a virtual Global Week for Justice in 2020‍^{Endnote clxviii} in collaboration with Pathfinders for Peaceful, Just and Inclusive Societies, the Organisation for Economic Co-operation and Development (OECD), and the Open Government Partnership. This event brought together justice leaders from around the world to discuss ways to advance SDG 16 and access to justice in the context of the pandemic response and recovery. Justice Canada also co-hosted the OECD Virtual Global Roundtable on Accessible and People-Centered Justice‍^{Endnote clxix} in 2021, which provided OECD countries with an opportunity to share best practices and innovations that promote people-focused justice.

The Department is working with Statistics Canada and several other federal departments to implement the Canadian Legal Problems Survey‍^{Endnote clxx}. This large-scale survey will make it possible to estimate the prevalence and nature of serious legal problems in Canada, as well as provide information on whether and how problems have been resolved. The initiative aims to garner a greater understanding of the legal problems that Canadians are experiencing and the mechanisms they are using to resolve these problems. This will then help inform justice initiatives and, more broadly, foster greater access to justice. Survey sampling methods have been designed to ensure that the experiences of Indigenous people can be compared with those of non-Indigenous people.

Other Justice Canada initiatives that contribute to advancing SDGs include:

• work relating to the implementation of the Divorce Act official language provision, to promote the right for Canadians in every part of the country to obtain a divorce in the official language of their choice (SDG 16);
• implementation of the federal government responses to the TRC Calls to Action‍^{Endnote clxxi} and the MMIWG National Inquiry’s Final Report‍^{Endnote clxxii}, including negotiations of administration-of-justice agreements (SDGs 3, 10, 16);
• work with respect to Bill C-15‍^{Endnote clxxiii}, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples (SDGs 3, 10, 16);
• review and modernization of the Privacy Act (SDGs 16, 17);
• engagements to explore the development of an Open Justice Commitment‍^{Endnote clxxiv} as part of Canada’s Fifth National Action Plan on Open Government‍^{Endnote clxxv}, as well as participation in the Open Government Partnership’s Coalition on Justice‍^{Endnote clxxvi} (SDG 16);
• negotiation and adoption of the 14^th UN Congress on Crime Prevention and Criminal Justice‍^{Endnote clxxvii} Kyoto Declaration on Advancing Crime Prevention, Criminal Justice and the Rule of Law: Towards the Achievement of the 2030 Agenda for Sustainable Development‍^{Endnote clxxviii} (SDGs 5, 11, 16, 17);
• support for efforts by the UN Office on Drugs and Crime to mainstream gender in the implementation of the UN Convention against Transnational Organized Crime‍^{Endnote clxxix} (SDGs 5, 16);
• support for the implementation of the UN Convention against Corruption‍^{Endnote clxxx} (SDGs 5, 16);
• preparations for and participation in:
  • various working groups of the Conference of the Parties to the UN Convention against Transnational Organized Crime including its working group on trafficking in persons and its working group on international cooperation‍^{Endnote clxxxi} (which resulted in the adoption of recommendations on the use of joint investigative teams and special investigative techniques)
  • the Committee of Experts of the Mechanism for Follow-Up on Implementation of the Inter-American Convention against Corruption
  • the OECD Bribery Working Group‍^{Endnote clxxxii} (i.e. to implement and enforce the OECD Anti-Bribery Convention and the 2009 Recommendation for Further Combating Bribery of Foreign Public Officials in International Business Transactions) (SDG 16);
• representing Canada in the negotiation of a proposed Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity and War Crimes‍^{Endnote clxxxiii} (SDG 16).

Financial, human resources and performance information for the Department of Justice Canada’s Program Inventory is available in GC InfoBase‍^{Endnote clxxxv}.

Internal Services

Description

Internal Services are those groups of related activities and resources that the federal government considers to be services in support of programs and/or required to meet the corporate obligations of an organization. Internal Services refers to the activities and resources of the 10 distinct service categories that support program delivery in the organization, regardless of the Internal Services delivery model in a department. The 10 service categories are:

• Acquisition Management Services
• Communications Services
• Financial Management Services
• Human Resources Management Services
• Information Management Services
• Information Technology Services
• Legal Services
• Material Management Services
• Management and Oversight Services
• Real Property Management Services

Results

Initiatives under the Department of Justice Canada’s Internal Services program contributed to business and legal excellence with a focus on the Department’s workforce and modernization efforts.

Supporting Employees

During the reporting period, the Department of Justice Canada established a new Anti-Racism and Anti-Discrimination Secretariat to lead efforts across the Department to identify and eliminate all forms of systemic discrimination. The Secretariat focuses on outcome-driven initiatives, including those detailed in the departmental Employment Equity Plan, to improve representation, career development, anti-racism training, measurement, and accountability. This work involves internal collaboration with equity and diversity advisory committees, bargaining agents, functional communities, senior leaders, and diversity champions, as well as external collaboration with central agencies, other departmental secretariat leads, and employee groups. The Secretariat’s work supports the Department in becoming a representative, diverse and inclusive organization and influences policy and process development to enable all Canadians to have equitable access to justice.

The Department also established a task force and began consultations for the development of its first Accessibility Plan. The consultations sought to identify barriers to accessibility and initiate steps to address them in such areas as program and service delivery, employment, the built environment, information and communications technology, and procurement. One of the pillars of the Accessibility Plan focuses on improving access to justice, as well as the accessibility of our public communications. As part of these efforts, the Department released a braille version of the Criminal Code and new plain-language content on its website.

Justice Canada continued to foster a psychologically healthy, safe, respectful, and inclusive workplace through the implementation of its Psychological Health and Safety Management System, Mental Health Strategy, and Mental Health Action Plan. However, the Department acknowledges that workload is a long-standing issue in many areas of the Department and that the circumstances over 2020-21 were very challenging and stressful for all employees.

The Department also implemented the changes brought by Bill C-65‍^{Endnote clxxxvi}, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, and related regulations, to address harassment and violence in the workplace.

Furthermore, the Department established an internal Ombuds office to provide employees with a trusted and safe space to talk about workplace issues and help them navigate existing resources to find support and solutions. Justice Canada continued its efforts to ensure the health and safety of employees during the pandemic by providing timely communications, tools and training, along with access to a broad array of external resources.

To promote stability, the Department enhanced its emergency preparedness, business continuity management, and ability to deliver critical services. Frequent task force and committee meetings, careful management of building occupancy, and continual improvement in the area of virtual work ensured departmental readiness to respond to changing circumstances related to the pandemic. The Department also prepared a plan for a future easing of workplace restrictions, which is being continually adjusted in accordance with the most up-to-date public health recommendations.

The Department strengthened its workforce through recruitment, professional development and talent management strategies. It built expertise in emerging areas, provided opportunities for continuous learning, and improved the retention of employees with the skills and competencies to meet its business needs. Among other examples, the Department established a training and development program for junior-level counsel. The program included the use of a GBA Plus lens, which resulted in a curriculum where participants must complete GBA Plus learning to meet the required competencies.

The Department continued to implement strategies to improve support for employees experiencing pay-related issues and to minimize future problems. Dedicated resources were put in place to improve internal processes and build awareness of new and existing tools. Justice Canada also implemented new tracking and measurement processes, which enhanced analytical capacity and performance monitoring.

Modernization

Modernization of staffing processes and implementation of a new electronic assessment tool also continued. Using Microsoft Power BI, the tool supports feedback to candidates and further informs our departmental learning needs.

To improve collaboration within the organization, across government, and with external partners, the Department continued to promote digital information sharing and technology. This included communicating across multiple platforms to engage Canadians in conversations about key Justice Canada priorities. During the fiscal year, the Department gained more than 30,100 new followers across its multiple social media platforms, an increase of 23 percent. Offering visually compelling, digitally based content that can be easily accessed and understood continues to drive the Department’s communications efforts and its ability to engage with its audiences.

Throughout the COVID-19 pandemic, the Department’s digital platforms and technology structure have continued to be instrumental in connecting, engaging, and sharing critical information with – and maintaining the confidence of – employees, other government departments, the legal community, stakeholders, and the general public.

The Department made great progress on improved network infrastructure, access to new software, and reliable digital platforms, which supported the transition to remote work during its emergency response. A forward-thinking approach to risk assessment also contributed to information management and information technology readiness and allowed Justice Canada to enhance service delivery. In addition, the development of the departmental National Workplace Accommodations Strategy continued, informed by lessons learned from the experience of prolonged remote work throughout the pandemic, to provide a vision for workplace modernization that drives the legal profession into the future.

Justice Canada supported the objectives of the Federal Public Service Data Strategy Roadmap‍^{Endnote clxxxvii} through the implementation of its own five-year Data Strategy, improving capacity for evidence-based decision making and greater openness and transparency. The Strategy first focused on establishing principles and guidelines to define data-related roles and responsibilities for employees and to manage data quality, usability, privacy, and access.

In support of the Federal Sustainable Development Strategy 2019-2022‍^{Endnote clxxxviii}, the Department developed the Justice Sustainable Development Strategy 2020-2023‍^{Endnote clxxxix} to build a strong sustainable development culture and continue the shift to low-carbon, climate-resilient and green government.

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