Aboriginal Affairs Portfolio Evaluation

Appendix A: AAP Logic Model

AAP activities and outputs are highly inter-related. For the purposes of the Logic Model, four core activity areas have been identified. It is important to note that the Logic Model is a high-level, strategic tool, and does not reflect the organizational structure of, nor lines of accountability, within the AAP.

It is also important to note that AAP works in a responsive, consultative and collaborative manner with its clients and partners, and that in accordance with client needs, there is strategic coordination and fluid integration of services provided.

Each activity area and its related outputs are provided below.

National Strategic Coordination and Legal Risk Management

The AAP plays a national, strategic coordination role regarding Aboriginal law and Aboriginal legal policy, and is responsible for northern development legal issues under the AANDC mandate.Footnote 18 AAP works collaboratively across the Portfolio, the Department and in consultation with client departments. Consistent with the Department’s legal risk management approach, the AAP counsel identify and assess legal risks related to Aboriginal legal issues that involve/may have an impact on the federal Crown or on federal policy. They also take into consideration wider-ranging impacts (e.g., on other levels of government). Strategic coordination and legal risk management are thus integral to all AAP activities, and essential to the horizontal management of Aboriginal law and northern development legal issues from a ‘whole of government’ perspective.

Litigation Services

Litigation services comprise a major element of the Portfolio’s activities.Litigation services consist of several key activities, including: working collaboratively with client departments on legal issues; developing and providing litigation strategies and advice; conducting litigation; developing dispute resolution (DR) options and strategies, and making recommendations and pursuing them as appropriate. Activities related to litigation fall within the broader framework of strategic coordination and legal risk management described above. The framework represents a critical approach and integral tool for the Portfolio’s legal services, as Aboriginal law and northern development legal issues arise in multi-layered and complex public policy environments, influenced by historic and current social, cultural, environmental and economic factors, with potentially profound future impacts. The AAP counsel consult with, and seek the advice of, other counsel within the Department as appropriate to each file.

The primary outputs of litigation services are: litigation strategies and advice; litigation conducted; DR options and strategies developed, and recommendations made and pursued as appropriate. In addition, government decision-makers are informed of legal risk and options through various communication vehicles and mechanisms (e.g., meetings, briefings, reports).

Management and Support of a National Law Practice

The AAP undertakes many activities to ensure the effective management and support of a national law practice pertaining to Aboriginal law and northern development legal issues. This includes ongoing tracking and analysis of trends, drivers, risks, and other themes related to relevant legal issues through the completion of in-house data analysis, as well as national consultation and coordination and environmental scanning. These efforts assist the AAP in managing, forecasting and resourcing its work, and in providing effective services to client departments. The ALC maintains a national litigation inventory, which provides critical data for trend analysis and forecasting purposes.

In managing the national law practice, the AAP engages with partners and stakeholders through various information-sharing and coordination mechanisms, such as inter-departmental committees (e.g., the Strategic Intake Committee for litigation). Managing the national law practice also involves providing training opportunities and information sharing to develop knowledge and understanding within Justice, AANDC and other client departments, where Aboriginal law and northern development legal issues frequently emerge (e.g., legal project management training for counsel and paralegals; labour relations training for managers and supervisors; law and policy professional development sessions for the Portfolio, regions and clients; publisher training for support staff; ongoing lunch-and-learn sessions on specific aspects of Aboriginal law).

To ensure the provision of high-quality legal services, the AAP utilizes various knowledge and practice management tools and products. For example, there is an online tool accessible by both AANDC and AAP to track requests and deliver opinions. AAP has also piloted approaches for legal risk management to legal advisory services in both the ALC and LSU. Other tools, such as Justipedia (an online research and precedent database launched in 2012) are used to assist with the management and coordination of the Aboriginal Law practice.

The primary outputs of management and support of national law practice include: trends analysis and forecasts; national consultation and coordination; briefings and reports; organizational learning and training products, and knowledge/practice management tools and products, such as Microsoft Windows Azure Access Control Service SharePoint site; practice directives and guidelines; and litigation and Deskbooks.

Legal Advisory Services

Legal advisory services are integral to the management and resolution of legal issues within the federal government. Advisory services encompass legal advice, litigation support and drafting of commercial and legislative documents, and negotiations support; still, services may vary by region.

Specific activities can include:

Key outputs of legal advisory services are:

Legal advisory services may be called upon, for example, to identify National Coordinators who are experts in substantive areas of law to develop legal templates and benchmarks pertaining to these areas. Through legal advisory activities and outputs, government decision-makers are informed of legal risks and options through various communication mechanisms (e.g., meetings, fora, committees).

Expected Direct Outcomes

The activities and outputs of the AAP lead to a set of inter-related direct outcomes, which are described below:

High-quality litigation services related to Aboriginal law and northern development legal issues

The AAP activities are designed to deliver timely, responsive and high-quality litigation services, in accordance with the Department of Justice statutory mandate, followed by departmental standards and the terms of Memoranda of Agreement negotiated with client departments and agencies;

Enhanced capacity to deliver legal services related to Aboriginal law and northern development legal issues in an integrated, consistent and responsive manner

Enhanced capacity to deliver legal services is achieved through ongoing strategic management and coordination. This includes identification and assessment of key and emerging Aboriginal law and northern development legal issues, undertaking litigation trend analysis and forecasting, conducting retrospective case analyses, consultations and professional development, and training and knowledge management/reuse. Aboriginal law is an evolving field, and the AAP’s work is at the forefront. Capacity- and expertise-building are central to effective management and support the national law practice in this sphere, and to evolving Aboriginal policy and program development more generally. This includes addressing resource challenges and efficiencies in practice (e.g., use of new technology); and

Enhanced awareness and understanding within the federal government of issues, options, approaches to Aboriginal law, Aboriginal legal policy and northern development legal issues

The AAP plays a substantive role in enhancing awareness and understanding within the federal government of issues, options and approaches to Aboriginal law, Aboriginal legal policy and northern development legal issues. Through its strategic coordination and legal risk management function, high-quality litigation and legal advisory services, as well as more general awareness and training sessions, the AAP supports and assists federal government officials in decision-making and managing legal risk. This includes ensuring a broader awareness and understanding of legal issues, impacts and implications, and providing case specific, relevant advice, options and strategies for their consideration and resolution.

Expected Intermediate Outcomes

Achievement of direct outcomes leads to two inter-related intermediate outcomes:

Aboriginal law and policy issues, claims and northern development legal issues are effectively addressed, litigated and resolved across government

Through all of its activities, the AAP contributes to the effective management, litigation and resolution of Aboriginal law and policy issues, claims against the Crown and northern development legal issues. It is important to note that the AAP’s efforts inform and influence – but do not control – government decision-making. While the quality of the services provided is a factor in how issues are addressed, litigated and resolved, it is also important to note that client decisions and court decisions are outside the scope of the AAP’s control; and

Government departments and agencies are better able to manage their legal risks on Aboriginal issues

The AAP provides analyses, advice and options about legal risks related to Aboriginal issues. The AAP’s managers and counsel work closely and collaboratively with government officials to determine options and strategies that prevent and mitigate, and effectively manage, legal risk within the federal government. This in turn helps government departments and agencies to make informed choices and decisions about how to effectively manage legal risks. These AAP activities contribute to policy and program, as well as case-specific legal risk management.

Expected Ultimate (Strategic) Outcomes

Overall, by achieving these direct and intermediate outcomes, the work of the AAP contributes to the following ultimate (strategic) outcomes of the Department:

The logic model is shown below.

Aboriginal Affairs Portfolio Logic Model

Aboriginal Affairs Portfolio Logic Model, described below

Aboriginal Affairs Portfolio Logic Model - Text equivalent

This figure illustrates the linkages amongst the Aboriginal Affairs Portfolio’s objectives, activities, outputs, direct outcomes, intermediate outcomes and ultimate outcomes.

The Aboriginal Affairs Portfolio has three objectives. First, to ensure that federal legal policy, legal positions and advice in the field of Aboriginal law, as well as Aboriginal Affairs and Northern Development Canada-related northern development legal issues are consistent and integrated across the federal government. Secondly, to contribute to the resolution of Aboriginal legal issues and claims; and thirdly to contribute to the development of Aboriginal legal policy and national law practice management.

The objectives are linked to four activity areas of the Portfolio. The first is an over-arching function of providing national strategic coordination and legal risk management of Aboriginal law and Aboriginal legal policy as well as northern development legal issues under the AANDC mandate. This contributes to the three activity lines of Litigation Services, Management and Support of National Law Practice and finally, Legal Advisory Services.

The outputs of Litigation Services include: litigation strategies and advice; litigation conducted; resolution options and strategies being recommended and pursued; and government decision-makers being informed of legal risks and options.

The outputs of Management and Support of National Law Practice include: trends analysis and forecasts; national consultation and coordination; briefings and reports; organizational learning and training processes and products; and knowledge and practice management tools and products.

The outputs of Legal Advisory Services include: legal analyses and advice; dispute prevention and resolution strategies and options; government decision-makers being informed of legal risks and options; operational and transactional work; and facilitation of “on-the-ground” First Nation economic development.

The activities and outputs contribute to three direct outcomes. The first is high-quality legal services related to Aboriginal law and northern development legal issues. The second is an enhanced capacity to deliver legal services related to Aboriginal law and northern development legal issues in an integrated, consistent and responsive manner. The third direct outcome is an enhanced awareness and understanding within the federal government of issues, options and approaches to Aboriginal law, Aboriginal legal policy and northern development legal issues.

The three direct outcomes contribute to two intermediate outcomes. The first is that Aboriginal law and policy issues, claims and northern development legal issues are effectively addressed, litigated and resolved across government. The second intermediate outcomes is that government departments and agencies are better able to manage their legal risks on Aboriginal issues.

The intermediate outcomes contribute to the ultimate outcomes, which are contribution to a fair, relevant and accessible justice system and contribution to a federal government that is supported by high-quality legal services.