1. Relevance |
Continued need for the CAP |
1.1 To what extent do CAP services address the legal needs of its clients? Is there a continued need for the CAP? |
- Extent, scope and nature of demand for:
- Legal advisory services
- Legislative drafting services
- Litigation services
- CAP advisory, drafting and litigation services meet client needs.
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- Number of actively managed files over the evaluation periodFootnote 47
- Trends in the types of files actively managed (advisory, litigation, legislative drafting)
- Number of files closed
- Perceived relevance of CAP services to the needs of clients
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- Document review and analysis
- CAP clients/survey
- Interviews
- CAP staffFootnote 48interviews, survey
- iCase/analysis
- CAP client files/analysis
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1.2 Has the demand for CAP services changed and if so, how? |
- Nature of and extent to which demand for CAP services has changed over the past five years
- Nature and extent to which demand for CAP services is expected to change over the next five years
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- Trends in client requests for legal services by type of service (advisory, litigation, legislative drafting)
- Changes in types of requests, including new or special requests
- Changes in the complexity of requests for services
- Trends in risk levels
- Expected trends/emergent issues
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- CAP clients/survey, interviews
- Justice officials/interviews
- CAP clients/survey, interviews
- CAP staff/interviews, survey
- CAP administrative records/analysis
- CAP client files/analysis
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Alignment with Government Priorities and Departmental Strategic Outcomes |
1.3 To what extent are the activities of the CAP aligned with
- Government of Canada priorities? and
- The second strategic outcome of Justice?
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- Extent to which the CAP mandate and activities are aligned with Government of Canada priorities
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- Consistency between CAP mandate and activities with the priorities of the federal government
- Contribution to drafting legislation and regulation required to support Government of Canada priorities
- Perceived relevance of CAP to the needs/ priorities of the Government of Canada
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- Documentation/analysis
- Speech from the Throne, federal budget/analysis
- CAP staff/interviews
- Clients/interviews
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- Extent to which CAP activities are aligned with the second strategic outcome of Justice
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- Consistency between CAP activities and the Justice strategic outcome
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- Justice strategic priorities/analysis
- CAP Business Plan/analysis
- Documentation/analysis
- CAP staff/interviews
- Justice officials/interviews
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Alignment with Federal Roles and Responsibilities |
1.4 To what extent do the activities of the CAP align with federal roles and responsibilities? |
- Extent to which the CAP mandate and activities are aligned with the federal government’s role and responsibilities
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- Alignment of CAP services with federal government’s roles and responsibilities
- Alignment of CAP services with clients’ mandates
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- Documentation/analysis
- Constitutional & Statutory
- Authorities/analysis
- PAA/analysis
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2. Portfolio Design |
CAP Design |
2.1 Are the mandate and objectives of the CAP clear? |
- Scope and clarity of CAP mandate and objectives
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- Clarity of stated mandate and objectives of CAP
- Awareness of the stated mandate and objectives of CAP among client agencies
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- Constitutional & Statutory
- Authorities/analysis
- Documentation/analysis
- PAA/analysis
- CAP staff/interviews
- CAP clients/interviews
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2.2 Is the CAP governance structure appropriate? |
- Clarity of CAP roles and responsibilities
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- Clarity of the roles and responsibilities of CAP counsel
- Adherence to the roles and responsibilities of the CAP by counsel
- Awareness of CAP counsel role/ responsibilities among client departments/agencies
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- Documentation/analysis
- CAP staff/interviews
- CAP legal counsel/survey
- CAP clients/interviews
- Justice officials/interviews
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2.3 Do the program/services duplicate or overlap with programs/services delivered by other legal service areas of Justice? |
- Areas of overlap with other legal services provided by Justice
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- Evidence of duplicative services
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- Document review and analysis
- CAP legal staff and management/interviews
- Justice legal staff/interviews
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2.4 Is the CAP structured in such a way that it is likely to achieve its objectives? |
- Organizational structure and delivery strategies support achievement of CAP objectives
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- Organizational factors and activities that contribute to/detract from achieving CAP objectives
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- CAP governance structure/analysis
- CAP documentation/analysis
- CAP staff and client interviews
- CAP legal counsel survey
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CAP Performance Monitoring |
2.5 Is there sufficient capacity within CAP to support ongoing quality improvement, and performance measurement? |
- Sufficiency of capacity and resources, including methods/systems to support ongoing quality improvement, performance measurement
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- CAP administrative files/analysis
- CAP staff/interviews
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3. Performance |
Achievement of Expected Outcomes |
3.1. Direct Outcomes |
Effectiveness |
3.1.1 To what extent has the CAP enhanced the awareness and understanding of legal risk management of clients? |
- Change in level of awareness/ understanding by clients of the legal risks relevant to their agency or business line
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- Client decision-makers are aware of legal risks
- Counsel identify or assess legal risks
- Number of files where legal risks have been identified and assessed
- Client awareness of potential legal risk
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- CAP clients/interviews, survey
- CAP counsel/interviews, survey
- Case files/analysis
- iCase data/analysis
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3.1.2 To what extent has the CAP produced high quality legal advice and support in response to client requests? |
- Extent to which legal services provided by CAP responds to client needs
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- Legal advice addresses client needs
- Legal options are provided to the client
- Usefulness of the legal advice and services provided
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- Document review and analysis
- iCase data/analysis
- CAP clients/interviews, survey
- CAP counsel/interviews
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- Extent to which CAP staff has effective tools and resources necessary to support the provision of legal services
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- Processes, tools and resources available to support the delivery of legal services that are consistent across Justice
- Evidence of quality assurance mechanisms in place in a regular use
- Evidence of consultations to ensure consistency of law and the Government of Canada position
- CAP counsel levels of satisfaction with tools and resources to support delivery of legal services
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- Documentation/review
- CAP staff/interviews, survey
- Other Justice counsel/interviews
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- Responsiveness of the CAP to meeting client requests
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- CAP meets or exceeds established departmental services standards for timeliness, usefulness, responsiveness
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- Clients/interviews, survey
- CAP staff/interviews, survey
- iCase data/analysis
- CAP client files/analysis
- Case studies
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3.1.3 To what extent has the CAP contributed to the creation of regulations and statutory instruments that support government related legislative needs? |
- Regulations and statutory instruments drafted by CAP contribute to the making of legislation, regulations and statutory instruments that support government legislative needs
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- Usage of drafting protocols/ procedures, tool and resources available
- Legislative drafting services and products meet federal government needs (e.g., enacting federal budget)
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- Document review and analysis
- CAP counsel/interviews, survey
- iCase data/analysis
- CAP client files/analysis
- CAP client/interviews
- Case studies
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3.1.4 To what extent does CAP provide timely and responsive litigation services |
- Responsiveness of the CAP to clients’/Government of Canada litigation needs
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- Evidence of consultations to ensure consistency of law and the Government of Canada position in litigation cases
- Evidence of options considered
- Number of files where DR was used
- Appropriate dispute resolution (DR) options are identified to address client needs
- Client is kept informed of the status of the litigation
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- Clients/interviews, survey
- CAP counsel/interviews, survey
- DoJ counsel/interviews
- iCase data/analysis
- CAP client files/analysis
- Case studies
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3.2 Intermediate Outcomes |
Effectiveness (continued) |
3.2.1 To what extent do the legal services provided by CAP counsel contribute to program and policy development, and to decision making of client departments and agencies? |
- Extent to which legal advice provided by CAP counsel is considered by decision-makers
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- Legal advice provided responds to needs of the client
- Usefulness of the advice to support clients’ decision making
- Client satisfaction with the legal advice
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- CAP case files/analysis
- Clients/interviews, survey
- CAP staff/interviews, survey
- Case studies
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3.2.2 To what extent has the CAP contributed to client departments and agencies being better able to manage their legal risks? |
- Nature and extent of CAP contribution to legal risk management
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- Number/% of files where legal risk is assessed/reassessed
- Number/% of files where legal risk mitigation/management options are provided to clients
- Number/% of high-risk or high impact files where contingency plans have been developed
- Clients understand/consider mitigation options
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- CAP client files/analysis
- Clients/interviews, survey
- Case studies
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3.2.3 To what extent has the CAP contributed to the creation of federal legislation that respects the Constitution and other legal requirements? |
- Extent/nature of measures available and used to ensure that legislative drafts respect the Constitution and other legal requirements
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- Nature of quality assurance mechanisms in place in regular use
- Evidence of collaboration with LSB drafting experts
- Among CAP counsel, level of satisfaction with tools to support legal services
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- CAP client files/analysis
- CAP staff/interviews
- Other Justice counsel
- Interviews
- Case studies
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3.2.4 To what extent is there appropriate resolution of litigation cases? |
- Extent to which litigation cases are effectively resolved/litigated
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- Evidence that alternatives to litigation were explored
- Extent that DR is used in litigation cases where feasible
- Number/% of potential litigation cases resolved through different options (e.g., withdrawn by party, court, DR, etc.)
- Level of client satisfaction with CAP management of litigation files
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- iCase
- CAP client files/analysis
- CAP counsel interviews
- CAP clients/interviews
- Case studies
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3.2.5 In what ways do CAP services protect the interests of the Crown? |
- Legal issues/risks are addressed so that the Crown’s interest is protected
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- Protocols, processes and resources available to assist in developing strategies to protect Crown’s interests
- Legal strategies developed with a whole-of-government perspective
- Extent to which the Government of Canada’s position is consistently communicated and represented by CAP counsel
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- CAP client files/analysis
- CAP counsel/interviews
- CAP clients/interviews
- Case studies
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3.3 Ultimate Outcome |
Effectiveness (continued) |
3.3.1 To what extent has the CAP contributed to a federal government that is supported by high-quality legal services? |
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- Achievement of direct and intermediate outcomes
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- Cumulative/contribution analysis
- CAP staff/interviews
- Justice officials/interviews
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4. Demonstration of Efficiency and Economy |
Efficiency and Economy |
4.1 Has the CAP’s resource utilization been appropriate in relation to the resources allocated, activities and outputs produced and demand for services? |
- Budget and work plan priorities and activities in relation to outputs delivered
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- Cost of legal inputs for each type of service (e.g., advisory, litigation)
- Change in level of effort for each type of services
- Analysis of planned versus actual inputs/resources used
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- CAP financial data/analysis
- iCase data/analysis
- CAP staff/interviews, survey
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4.2 Is the CAP’s capacity to deliver services sufficient given current and future demand for services? |
- Level and scope of services available in relation to demand for services (past, current, projected) by area of service delivery and LSU
- Appropriateness of Labour Law Continuing Education to support efficient and economical service to clients in the area of labour law.
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- Volume of requests per type of service and LSU
- Capacity to complete requests (within reasonable timelines)
- Capacity to cover all court/tribunal proceedings
- Capacity to assign counsel to all court/tribunal proceedings
- Impact of the Law Practice Model on human resource needs
- Evidence of initiatives to improve efficiency
- Evidence that the level of CAP counsel assigned to a file is appropriate given its level of risk and complexity
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- iCase/analysis
- CAP staff/survey, interviews
- Clients/interviews, survey
- Case studies
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4.3 Does the financial model utilized by the CAP provide appropriate and sufficient funding to meet current and future demand for services? |
- Sufficiency of A-base funding to discharge the Minister’s responsibilities
- Level of satisfaction that CAP and its clients have with
- the CAP funding model, and
- the specific agreements/MOUs
- Trends in financial models for supporting/funding legal services
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- Gap between financial inputs and resource requirements for outputs
- Examples from other jurisdictions that provide similar types of legal services within government
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- CAP staff/interviews
- Financial documentation/ review
- Clients/interviews
- Literature /environmental scan
- Financial documentation/ review
- CAP managers/interviews
- FIN staff/interviews
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4.4 Are there alternative ways of delivering the same services to CAP clients? |
- Trends in practices/service delivery models
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- Examples from other jurisdictions/private sector
- Alternative models to deliver similar types of services in a government context.
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- Literature/environmental scan
- CAP managers/interviews
- Justice officials/interviews
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