Evaluation of Litigation Services

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Table of Contents

• Executive Summary
• 1. introduction
  • 1.1 Purpose of The Evaluation
  • 1.2 Evaluation Scope
• 2. Program Profile
  • 2.1 Program Description
    • 2.1.1 Brief Overview
    • 2.1.2 Governance Structure
    • 2.1.3 National Litigation Sector Resources
• 3. Evaluation Methodology
  • 3.1 Document Review
  • 3.2 Key informant interviews
  • 3.3 Administrative Data Review
  • 3.4 Survey of Litigation Staff
  • 3.5 Limitations, Challenges, and Mitigation Strategies
• 4. Findings
  • 4.1 Effectiveness
    • 4.1.1 Managing Demand
    • 4.1.2 Quality of Litigation Services
    • 4.1.3 Consistency, Coherence, and Speaking With One Voice
    • 4.1.4 Clarity of Accountability Structures
    • 4.1.5 Communication and Engagement
    • 4.1.6 Legal Risk Management
  • 4.2 Efficiency
    • 4.2.1 Management of Litigation Services
    • 4.2.2 Delivery of Litigation Services
    • 4.2.3 Flexibility in The Use of Litigation Resources
    • 4.2.4 Resolving Cases in an Appropriate, Timely, and Cost-effective Manner
• 5. Conclusions and Recommendations
  • 5.1 Conclusions
  • 5.2 Recommendations
• Appendix A: Glossary
• Appendix B: Profile of Litigation Services
• Appendix C: Methodology

List of Figures

• Figure 1: Litigation Services Delivered by Justice Canada
• Figure 2: Litigation Expenditures in the NLS
• Figure 3: Number of Actively managed NLS Litigation Files by Top Six Clients
• Figure 4: Number of NLS Files Opened and Closed by FY
• Figure 5. Number of TLS Unit Files Opened and Closed by FY
• Figure 6. Number of ESDC/VAC LSU Files Opened and Closed by FY
• Figure 7. Number of TBS LSU Files Opened and Closed by FY
• Figure 8. Number of CBLS Files Opened and Closed by FY
• Figure 9: Success Ratio Applied to High-risk and High-complexity NLS Litigation Files (Adjudicated and Settled) by Fiscal Year and Overall
• Figure 10: Effectiveness of NLS interaction and Collaboration on Litigation Files
• Figure 11: Access to Tools and Supports
• Figure 12: Average NLS Hours per Resolved Litigation File by Complexity, Risk, Final Outcome Type, and FY

List of Tables

• Table 1: Summary of Limitations, Challenges, and Mitigation Strategies
• Table 2: Client Feedback Survey Results
• Table 3: Crown Result for Adjudicated Litigation Files by FY
• Table 4: Key informants
• Table 5: Respondent Characteristics

Acronyms

AAP

Aboriginal Affairs Portfolio

ADAG

Assistant Deputy Attorney General

ADAGO

Office of the Assistant Deputy Attorney General

ADM

Assistant Deputy Minister

ARO

Atlantic Regional Office

BCRO

British Columbia Regional Office

BoD

Board of Directors

BRLP

Business and Regulatory Law Portfolio

CAP

Central Agencies Portfolio

CBLS

Competition Bureau Legal Services

CBSA

Canada Border Services Agency

CIRNAC

Crown-indigenous Relations and Northern Affairs Canada

CLS

Civil Litigation Section

CRA

Canada Revenue Agency

CSC

Correctional Service Canada

DM

Deputy Minister

DPR

Dispute prevention and resolution

ESDC

Employment and Social Development Canada

EWN

Early Warning Notes

FCC

Federal Court of Canada

FY

Fiscal year

IFMS

integrated Financial Management System

IRCC

Immigration, Refugees and Citizenship Canada

ISC

indigenous Services Canada

LRM

Legal risk management

LSU

Legal Services Unit

LTRL

Long-term reference levels

MOU

Memorandum of Understanding

NCR

National Capital Region

NeDLSS

National eDiscovery and Litigation Support Services

NLC

National Litigation Committee

NLS

National Litigation Sector

NRO

Northern Regional Office

NSLAG

National Security Litigation and Advisory Group

O&M

Operations and Maintenance

ORO

Ontario Regional Office

PRO

Prairie Regional Office

PSDIP

Public Safety, Defence and Immigration Portfolio

PSES

Public Service Employee Survey

PSWG

Paralegal Strategy Working Group

QRO

Québec Regional Office

RCMP

Royal Canadian Mounted Police

RDG

Regional Director General

SCC

Supreme Court of Canada

SST

Social Security Tribunal

TB

Treasury Board

TBS

Treasury Board Secretariat

TC

Transport Canada

TCC

Tax Court of Canada

TLS

Tax Law Services

TLSP

Tax Law Services Portfolio

VAC

Veterans Affairs Canada

Date modified:

2020-05-08