Accountability and Coordination Framework of the Roadmap for Canada’s Linguistic Duality - Justice Canada Component Evaluation

EXECUTIVE SUMMARY

1. Introduction

This document reports on the evaluation of the Accountability and Coordination Framework of the Roadmap for Canada’s Linguistic Duality - Justice Canada Component. Its main purpose is to determine the relevance, effectiveness, efficiency and economy of the Official Languages Law Section under the mandate conferred by the Framework.

2. Program Description

The Framework is part of the Roadmap, and its main goal is to enhance horizontal coordination of the Official Languages Program. It is of particular importance because it is connected with all of the Roadmap’s initiatives.

The horizontal coordination function mentioned in the Framework is a shared responsibility between two departments. First, the Department of Canadian Heritage, through the Official Languages Secretariat (OLS), plays a leading role in coordinating the implementation of the Roadmap. Second, the Department of Justice, through its Official Languages Law Section (OLLS), supports the coordination activities undertaken by the OLS under the Roadmap. Specifically, the coordination functions assigned to the OLLS are specified in the Accountability and Coordination Framework that provides for the OLLS to prepare and coordinate the federal government’s position in litigation involving language rights, to prepare directions regarding language rights, and to review initiatives, programs and policy directions likely to influence official languages in order to identify the legal implications. As well as supporting the OLS, the OLLS provides legal advice on issues involving the Official Languages Act, the constitutional provisions dealing with language rights, and the other federal, provincial and territorial legislation and regulations pertaining to language rights.

3. Methodology

The evaluation of this initiative is based on two main research methods:

4. Relevance

The evaluation found that the mandate and functions carried out by the OLLS under the Roadmap are consistent with the priorities and roles of the Government of Canada and the Department of Justice with respect to official languages. The work accomplished by the OLLS aims at supporting the federal government and the Official Languages Program (OLP) towards respect of linguistic obligations relating to the associated legal framework. Also, these functions comply with the Department’s role set out in the Roadmap and its Accountability and Coordination Framework. Since the OLLS is a specialized legal service, the functions assigned to it align with the Department’s second strategic outcome: "a federal government supported by effective and responsive legal services".

One of the Department’s operational priorities for 2011-12 is to provide "direct and indirect support for implementation of all government priorities". This priority means that critical legal services will be provided to support departments in implementing priorities related to the four core government spending areas, which are Government Affairs, Economic Affairs, Social Affairs and International Affairs. Since linguistic obligations have an impact on all these areas, the OLLS, by the nature of its functions, is contributing to this departmental priority.

The functions carried out by the OLLS are widely perceived as still necessary. In particular, the proactive nature of the advice provided by the OLLS is recognized, as well as its impact on minimizing the legal risks in the official languages sector. Also recognized is its contribution to the consistency of the federal government’s positions in litigation involving official languages.

5. Effectiveness

The horizontal role that the OLLS plays is well recognized by official languages stakeholders in the federal government. In recent years, the OLLS has established a strong role for itself in litigation cases that drew on a number of federal institutions, or as an advisor on the Committee of Assistant Deputy Ministers on Official Languages, which ensures coordination of the Official Languages Program.

There is still uncertainty about whether there has been in recent years any improvement in coordination of the Official Languages Program in general, but the role of the OLLS is not questioned in this regard. However, the coordination role that the OLLS plays is not clear for many. It is recognized that it guides the Roadmap coordination bodies on legal issues, but the OLLS’s positioning under the Coordination component of the Official Languages Program seems to give it more responsibilities in this regard. Therefore, it would be useful to better communicate the OLLS’ coordination role.

Some resources provided by the OLLS emerge as highly used and valued, especially the litigation summaries and legal opinions. These tools are intended for the key federal stakeholders, some of whom were interviewed during this evaluation. Other activities such as the training, the practice group and the on-line information also generate interest. However, the number of training activities that have been evaluated is limited. To obtain more structured feedback, it would be important for the OLLS to consider developing feedback mechanisms that are relevant to the different forums where training activities are held.

Since the OLLS played a key role in communicating the issues around official languages litigations, the evaluation shows that it contributed to better knowledge of the spirit and intent of the Official Languages Act within federal institutions.

6. Efficiency and Economy

The evaluation found that value-for-money resulting from the OLLS performing its duties in fulfilling its responsibilities under the Framework has been achieved. Although the financial resources represented under the Roadmap are relatively modest, they enabled the OLLS to strengthen its capacity and, therefore, take on a more proactive role in the area of official languages and add a number of outcomes to its achievements.

Given the current language rights context, the OLLS’s workload has increased over time. Without necessarily resorting to additional resources, the OLLS adopted approaches for optimizing its resources. In concrete terms, it established an information-sharing system and optimized the duties of assistants and paralegals for supporting the lawyers in their functions. These measures also help ensure the quality of the services that the OLLS provides.

Lastly, there does not appear to be any other more cost-effective way to achieve the goals sought by the OLLS.