Central Agencies Portfolio Evaluation

Appendix A: Logic Model

The Central Agencies Portfolio Logic Model

A logic model is a graphical depiction of a service, program, policy or initiative which depicts its activities, outputs and intended outcomes. As part of the evaluation strategy that was developed in advance of the evaluation, a logic model was developed for the Central Agencies Portfolio (CAP). The following textual description provides the details of and explains the linkages among the elements of the CAP logic model. The graphical depiction of the CAP logic model follows (Figure 3.1).

Activities and Outputs

In logic model theory, an activity results in an output, product or service that is within direct control of the organization and that can be easily identified or recognized as such. In the case of CAP, it undertakes several different activities which align with the three primary Justice activities:

In accordance with the Department’s legal risk management approach, CAP identifies and assesses legal risks related to the legal issues of concern to its clients, and/or that may have a broader impact on the Government of Canada.

Each of these areas of activity is described below.

Legal Advisory Services

Legal advisory services include the provision of legal advice to federal government officials on a variety of legal matters affecting the government, including advice on existing litigation and potentially litigious situations, proposed policy or legislative instruments, and legal consequences and implications of policy decisions. In preparing this advice, the CAP counsel consult with officials within the appropriate client departments and agencies. In addition, consultations are held, as appropriate, with specialized sections within Justice and other portfolios. Counsel include identification and assessment of legal risks in their legal advice to federal government departments as well as possible options to prevent or reduce legal risks.

The CLEL will be providing legal advisory services in the area of LEL directly or indirectly to departments throughout the Government of Canada through their legal services. Although counsel from other LSUs will continue to author the legal advice given to their client departments in this area, they will do so with the guidance of the CLEL.

Providing expert legal advice results in several different outputs, including legal opinions, briefing notes and recommendations, working papers, Memoranda to Cabinet, legal documents, legal trends and developments.

Litigation Services

The litigation work of the CAP involves the legal representation of deputy heads of federal departments and agencies associated in labour and employment matters either before the tribunals or courts. CAP counsel in some LSUs provide specialized litigation services and expertise to defend the federal Crown before various federal courts as well as administrative tribunals. These litigation services include providing advice on litigation strategy, and identifying opportunities for early resolution and settlement of litigious matters. In preparing and advising on litigation matters, counsel may consult as appropriate with specialized experts within Justice, with LSU counsel and with other departments or agencies. Litigation counsel also inform government officials of the legal risks on their litigation matters and provide options to reduce those risks through litigation strategies.

TBS counsel represent the Crown before the following board and tribunals:

As mentioned earlier, TBS counsel also appear for the Attorney General of Canada before the Federal Court of Canada and the Federal Court of Appeal in labour and employment law matters, and PSC counsel appear before the PSLREB.

The primary outputs of litigation services are litigation strategies (which may include research and exploration of options), briefings to clients and decision makers (through meetings and reports), litigation advice, identification and recommendation of DR options or opportunities, and the conduct of litigation. This may include single-client as well as multi-client files.

Legislative Services

CAP counsel have two main roles with respect to legislative services: 1) the TCD drafts tax legislation, regulations and statutory instruments, and 2) CAP counsel provide legislative support for the drafting of bills, regulations and other statutory instruments for matters related to their clients’ mandates. Legislative support includes collaborating with Department of Finance staff to prepare the federal budget; assisting LSB counsel in drafting legislation and regulations; and providing legal advice and direction in the development and drafting of the legal content of bills, regulations, statutory instruments and guidelines, in regard to the clients’ mandate, policies and ongoing operations. CAP counsel also advise clients on legal and policy matters related to compliance with the Statutory Instruments Act, the Canadian Charter of Rights and Freedoms (the Charter) and the Canadian Bill of Rights.

As a result of the legislative services provided, CAP counsel produce or are involved in the production of legislative proposals, draft legislation (government and private Member's bills), regulations, and orders in council copies of enacted legislation, legislative drafting instructions and procedures.

Risk Management

Counsel consider legal risks in the course of providing forward-looking legal advice and assisting client departments/agencies to respond proactively to prevent, mitigate or manage their legal risks. Counsel apply the Justice legal risk grids to ensure that legal risks are consistently assessed following the same criteria across Justice, and utilize Justice legal risk management processes as required, for example, in the preparation of contingency plans on high-risk files. The Justice processes for assessing the level and impact of legal risk ensure that the level of risk is accurately determined and communicated in a consistent and timely manner.

Outcomes

Outcomes are the expected results or changes that have occurred as a result of the activities and outputs. Unlike outputs, their achievement is beyond the direct control of the CAP. Once an activity and its outputs are produced, CAP no longer has immediate control or influence over the outcomes; it becomes the clients’ responsibility/choice to heed the legal advice or not. However, if the legal advice and/or services are timely, useful, relevant, consistent, identify and assess the legal risks and provide options where appropriate, CAP clients will be better informed in making their decisions.

1. Immediate Outcomes

Immediate outcomes are those that occur in the short term, or most directly as a result of the activities and outputs. Together, the three activity areas – legal advisory services, legislative services, and litigation services – contribute to the achievement of four interrelated outcomes.

Enhanced awareness and understanding of legal risks

CAP plays a critical role in enhancing awareness and understanding within the Portfolio, the Department and client departments and agencies, of legal issues and options for mitigating legal risk. Strategic coordination and legal risk management, which are embedded throughout CAP legal services, support client officials in decision making and managing their legal risks, whether for department-specific or broader whole-of-government legal issues related to the central agency functions of government.

In addition, through briefings, training sessions and practice groups, CAP helps federal government officials in developing a broader awareness and understanding of trends, legal issues impacts and implications related to their priority areas, mandates and legal matters. Case-specific, relevant advice, options and strategies also contribute to awareness and understanding, which in turn contribute to sound decision making.

Successful achievement of the first immediate outcome feeds into the achievement of three more immediate outcomes, as outlined below.

Clients have quality legal advice and support to make informed decisions

The legal advice provided by counsel is communicated in a manner intended to provide clients with the necessary understanding of their legal obligations and risks, what options are available to avoid or minimize those risks, and to provide decision makers with the information they require to make informed, timely and strategic decisions related to their programs, policies and operations.

The CAP ensures the provision of timely, responsive, and useful legal advice by complying with Justice Service Standards in the Memorandum of Understanding with each of its client departments and agencies. This outcome will include responding in a timely manner to client requests for legal services; meeting mutually agreed-upon deadlines; providing regular progress reports; and providing clear and practical guidance, including the provision of legal options for the prevention, containment or early resolution of contentious issues. While the clients’ priorities and objectives should be considered, the litigation strategies and legal advice are expected to be guided by the rule of law and the Department’s responsibilities under the Department of Justice Act. While the evaluation will not assess the accuracy of the legal advice provided by CAP counsel, it will examine the processes, structures and fora available and used to support the provision of accurate legal advice.

Legislation, regulations and statutory instruments that support government policy

The CAP is responsible for legislative drafting in tax matters and providing legal and legislative support services in the development of the federal budget, which contribute to the Government of Canada’s ability to meet its legal and policy objectives. CAP counsel also work with the LSB who provides revision services for tax legislation, and seeks advice from CAP on financial matters. More broadly, CAP provides legislative support to LSB in the drafting of a variety of legislation and regulations related to CAP responsibilities. Beyond legislative drafting on tax matters and providing legal and legislative services in the development of the federal budget, the CAP counsel provide significant legislative support for the drafting and development of other types of legislation related to their clients’ mandates.

Timely, responsive and quality litigation services

This outcome includes: responding to client requests for litigation services efficiently; meeting mutually agreed-upon or court-imposed deadlines; providing regular progress reports; and providing clear and practical guidance, including for the prevention, containment or early resolution of contentious issues. The resulting litigation strategy responds to the client department or agency’s priorities and objectives, while ensuring that it is guided by the rule of law and the Department’s responsibilities under the Department of Justice Act. The litigation services are also commensurate with the available resources and are assigned to counsel with the appropriate level of experience given the level of risk and complexity of the file. By continuing to work with client departments to identify and manage legal risks, the Department ensures that the legal advice and support related to litigation are timely and of high quality.

2. Intermediate Outcomes

CAP’s immediate outcomes contribute cumulatively to five interrelated intermediate outcomes. The intermediate outcomes are broader in scope than the immediate outcomes, are further removed from the activities and outputs of CAP counsel, and are subject to the influence of other factors external to the CAP.

Legal advice is considered in program and policy development and decision making

Clients consider the legal advice and recommendations prepared by CAP counsel, including risk assessment results, in developing policy and in making decisions. By providing timely, responsive, consistent and useful legal advice to departments and agencies, counsel will ensure that government officials are aware of the legal risks and the legal implications of certain proposed decisions, in addition to other relevant factors (operational, political, financial, etc.). As a result, CAP’s legal advice is considered in program and policy development and decision making. The legal advice is expected to provide government officials with options to reach their objectives while considering the legal implications associated with their decisions.

Clients are better able to manage their legal risks

The CAP works collaboratively with clients and other government officials to determine options and strategies to prevent, mitigate or effectively manage legal risk. This in turn helps government departments and agencies to make informed choices and decisions about how to manage their legal risks effectively at policy, operational and case-specific levels. Given the often interrelated nature of CAP client files and issues, it is important that legal risk management encompasses in a strategic and synergistic way, a whole-of-government approach.

The CAP will provide client departments/agencies with legal advice/information on the legal issues and risks that have been identified, including their assessment of the legal risk. Counsel will consult and communicate with client officials and, together, they may review the strategies used to prevent, mitigate or manage legal risk. While the CAP will provide legal advice and, for legal issues before the courts, suggest litigation strategies, the ultimate decision on how to proceed rests with the client departments/agencies, subject to the Department of Justice Act. However, the CAP advice will support the ability of the client departments/agencies to make an informed choice on how to handle their legal risks.

Legislation and regulations that respect the Constitution and other legal obligations

CAP counsel draft regulations and support the drafting of legislation, regulations and other statutory instruments related to the federal budget, taxation and other matters. They also support the drafting of amendments to legislation related to the client department or agency. Drafted legislation (and amendments to legislation) must meet constitutional, Charter and other legal requirements (as well as bilingual requirements). This outcome also contributes to the management/mitigation of legal risk by meeting legislated obligations and ensuring that the administration of public affairs is in accordance with the law.

Appropriate resolution of litigation cases

Litigation cases are resolved through the most appropriate means, be it settlement, early DR or litigation. CAP counsel contribute by identifying, assessing and recommending options for the effective management and the appropriate methods to resolve litigious issues or claims against the Crown. It is important that resolution comes about in the most timely and cost-effective manner possible.

Interest of the Crown protected

Under the Department of Justice Act, the Portfolio must ensure that the interests of the Crown in the proper administration of justice are protected through its litigation and legal advisory services. As with all areas of Justice, the Portfolio is responsible for taking an integrated, whole-of-government approach where its legal advice and litigation positions are consistent across government. This measure is accomplished by consulting within Justice and, where appropriate, with other federal departments/agencies. When conflicting positions arise, the Portfolio will try to resolve the conflict and, when necessary, the ADMO will provide appropriate briefing within Justice to bring the issue to the attention of senior management.

3. Ultimate Outcome

Through the achievement of the immediate and intermediate outcomes and by providing high-quality, cost-effective legal services that minimize legal risk, the CAP will support the Department’s strategic outcome: “A federal government that is supported by high-quality legal services”.

Central Agencies Portfolio Logic Model

Logic Model described below
Text Version: Central Agencies Portfolio Logic Model

The Central Agencies Portfolio undertakes several activities.

Legal advisory services produce several outputs:

  • Providing legal advice
  • Identifying and assessing legal risks
  • Supporting legal risk management
  • Consulting within Justice and with client department/agencies
  • Briefing and reporting.

Legislative services’ outputs are:

  • Drafting tax legislation and regulations, and statutory instruments
  • Providing legislative drafting support
  • Identifying and assessing legal risks associated with legislation drafted for client agencies.

Litigation services’ outputs are:

  • Conducting litigation
  • Providing litigation support
  • Advising on and developing litigation strategies, including the use of early dispute resolution
  • Identifying and assessing legal risks
  • Supporting legal risk management
  • Briefing and reporting.

The immediate outcome for the Central Agencies Portfolio as a whole is enhanced awareness and understanding of legal risks.

The immediate outcome for legal advisory services is clients have quality legal advice and support to make informed decisions.

The immediate outcome for legislative services is legislation, regulations and statutory instruments that support government policy.

The immediate outcome for litigation services is timely, responsive and quality litigation services.

The intermediate outcomes are:

  • Legal advice is considered in program and policy development and decision making
  • Clients are better able to manage their legal risks
  • Legislation and regulations that respect the Constitution and other legal obligations
  • Appropriate resolution of litigation cases
  • Interest of the crown protected.

The ultimate outcome of CAP is contribution to a federal government that is supported by high-quality legal services.