2017-18 Departmental Plan

Key Risks: things that could affect our ability to achieve our plans and results

The effective management and monitoring of key corporate risks will support the implementation of the Department’s 2017-18 priorities.

The accelerated pace at which new policy issues may emerge or unfold is an ongoing source of uncertainty, posing challenges for timely policy and program responses. Adding to this complexity, the broad scope of justice issues, and the multi-tiered nature of Canada’s justice system, require the involvement and collaboration of many partners and stakeholders, including the provinces and territories, other federal departments, non-governmental organizations, stakeholder communities, and international institutions. At times, these relationships may be affected by the need to balance expectations and interests, which may prove even more difficult in times of economic uncertainty.

To manage these risks, the Department will continue to monitor emerging trends to inform its forward planning and maintain policy and programs responsiveness. The Department will depart from its conventional approach to consultation and will undertake a deliberate engagement strategy, directed at activating a different and more diverse representation of external networks, organizations and voices. The Department will also continue to maintain close dialogue with our provincial and territorial partners. These activities will be complemented by the Department’s continued succession planning and knowledge-management processes aimed at maintaining the proper knowledge, skills and expertise required to navigate this complex policy and program environment.

The Department must also maintain appropriate capacity to meet the legal needs of the federal government. A certain degree of uncertainty is inherent in this responsibility since legal work is increasingly complex and cross-cutting and the practice of law is not static. In addition, as client departments pursue new priorities, the nature or volume of legal services required may change. Meeting these evolving legal needs is made more challenging as departments seek to contain spending on legal services.

To address this uncertainty, the Department will continue to focus on joint planning with clients, including the sharing of information on the effective management of legal risks, the triggers and costs of legal services, and the appropriate role of legal counsel. This work will continue to be informed by the Legal Services Review, which was undertaken to manage the demand for legal services and to ensure the fiscal sustainability of those services in the long term. The Legal Services Review measures that were approved by the Treasury Board Secretariat in June 2014 have been a major driver for efficiency in the Department. These measures focused on redefining legal services, building partnerships with clients, and streamlining business performance. Through an ongoing commitment to continuous innovation and improvement, the Department will seek to find further efficiencies in managing demand and streamlining processes.

Key risks
Risks Risk response strategy Link to the Department’s Programs Link to mandate letter commitments or to government‑wide and departmental priorities (as applicable)
Responding to new and emerging policy priorities – There is a risk that the broad scope and complexity of the justice system pose ongoing challenges for timely policy and program responses.
  • Continue to monitor, research and analyze emerging trends to inform forward planning.
  • Conduct regular departmental planning sessions to promote information sharing and coordinated consideration of key policy issues.
  • Continue succession planning through knowledge management and skill/leadership development.

Strategic Outcome 1 – A Fair, Relevant and Accessible Canadian Justice System

Program 1.1 – Stewardship of the Canadian Legal Framework
  • Investing in growing the economy and protecting the environment.
  • Focus on openness and transparency.
  • Commitment to advancing reconciliation.
  • Review of the criminal justice system and amendments to the legal framework governing anti‑terrorism efforts, firearms, and cannabis.
  • Interdepartmental collaboration and speed of delivery of mandate letter commitments.
  • Ensuring that rights and privacy of Canadians are respected.
Maintaining partnerships necessary for policy/program development and delivery – There is a risk that relationships with essential justice system partners and stakeholders could weaken if not actively maintained.
  • Maintain a close dialogue with all partners
  • Continue to develop and implement stakeholder engagement plans for policy development and funding programs.
  • Continue to explore innovative forums for collaboration.

Strategic Outcome 1 – A Fair, Relevant and Accessible Canadian Justice System

Program 1.1 – Stewardship of the Canadian Legal Framework
  • Investing in growing the economy and protecting the environment.
  • Open government and transparency.
  • Commitment to advancing reconciliation.
  • Review of the criminal justice system and reducing the over-representation of Indigenous people.
  • Interdepartmental collaboration on implementation of Medical Assistance in Dying legislation, legalization and regulation of cannabis, and development and implementation of a national reconciliation framework informed by the Truth and Reconciliation Commission.
Meeting evolving demands for legal services – There is a risk that unanticipated changes in the volume or nature of legal service requests, as well as changes in law practice management, could impact the Department’s ability to deliver effective and fiscally sustainable services.
  • Collaborate with clients, including joint planning to meet government priorities and manage legal risks in a cost‑effective manner.
  • Refine the legal services delivery model through innovation and continuous improvement of departmental practices.

Strategic Outcome 2 – A Federal Government that is Supported by High-Quality Legal Services

Program 2.1 – Legal Services to Government Program
  • Reforms to the Anti‑Terrorism Act 2015
  • Implementation of Bill C-14 Medical Assistance in Dying legislation
  • Legalization and regulation of cannabis
  • Renewal of Canada’s Cyber Security Strategy
  • Review of the criminal justice system
  • Review of the nation-to-nation relationship between Canada and Indigenous peoples and advancing reconciliation
  • Major infrastructure investments
  • Economic development of Indigenous peoples
  • Border security (i.e. Beyond the Border Action Plan).
  • Working with Immigration, Refugees and Citizenship Canada to implement the Global Talent Strategy and the Electronic Travel Authorization
  • Agricultural innovation (i.e. research and discovery science)
  • Supporting the establishment of an infrastructure bank
  • Environmental Stewardship, carbon pricing and implementation of the Paris Climate Agreement including the Pan-Canadian Framework on Clean Growth and Climate Change
  • Advancement of the Innovation Agenda, supporting Canadian enterprises in increasing business and taking advantage of trade agreements and modernized internal trade
  • CF-18 fighter aircraft procurement and National Shipbuilding Procurement Strategy
  • Re-energized Canadian diplomacy and leadership on key international issues
  • Canada Revenue Agency crack down on tax evasion and combat tax avoidance
  • Legal and policy advice in the area of privacy and access to information further supporting Big Data and Open Government initiatives
  • Supporting equity, fairness and respect for the Charter in response to Charter challenges
  • Litigation strategy review, collaborating with client departments on litigation positions ensuring a cross-governmental approach