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SECTION I: OVERVIEW

Chief Administrator's Message

I am pleased to present the Performance Report of the Courts Administration Service ("the Service") for the period ending March 31, 2008.

The purpose of this report is to explain to Canadians how the achievements of the Service make a difference in their lives. It also reports on the status of commitments made in the Report on Plans and Priorities for 2007-2008.

During 2007-2008, the principal efforts of the Service centered around providing better service to Canadians, mostly through the increased use of technology facilitating access to the Courts and their processes. To that effect, new classes of proceedings were added to the Service's e-filing initiative, as were the filing of Income Tax and GST certificates from certain regional offices of the Canada Revenue Agency. The Service also focussed on several "e-projects" which form the basis of the creation of a common Case Management System which will better assist the Service, the Courts, and by extension the Canadian public.

People remain at the heart of the Service's vision. During 2007-2008, particular emphasis was placed on training and the creation of learning plans for employees. In addition, anti-harassment workshops were offered to employees across the country, with a view to nurturing employee well-being. As with other departments, significant turnover in the Service's Human Resources Division hampered staffing activity and delayed the implementation of certain initiatives such as succession planning. The Human Resources Division, however, is now fully staffed and I am confident that our staff-centered initiatives will gain renewed impetus in 2008-2009 and in subsequent years.

As in previous years, I wish to express my sincere appreciation to the Chief Justices, Judges and Prothonotaries for their support, to the staff of the Service for their continued commitment to excellence in service delivery, and to public officials from several provinces and territories who provide support under existing arrangements.

Raymond P. Guenette

Management Representation Statement

I submit for tabling in Parliament, the 2007–08 Departmental Performance Report of the Courts Administration Service.

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2007–08 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

  • It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
  • It is based on the department's approved Strategic Outcome and Program Activity Architecture that were approved by the Treasury Board;
  • It presents consistent, comprehensive, balanced and reliable information;
  • It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
  • It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada.

Name: Raymond P. Guenette
Title: Chief Administrator

The Courts Administration Service

The Courts Administration Service was established on July 2, 2003 by the Courts Administration Service Act, S.C. 2002, c. 8. It is responsible for meeting the requirements of the Federal Court of Appeal, the Court Martial Appeal Court of Canada, the Federal Court and the Tax Court of Canada, and ensuring public access to those courts and to their records.

Mandate

The Courts Administration Service's mandate is to support the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada; ensure effective access for the public to these Courts in both official languages; and account to Parliament through the Minister of Justice for the effective use of the resources provided.

Mission Statement

Our mission is to provide timely and accurate registry, judicial support and corporate services to the judiciary and to our clients in the most innovative and cost-effective manner, while promoting a healthy workplace and encouraging employees' ongoing contribution to service delivery improvement.

Vision Statement

The Courts Administration Service, a learning organization, is recognized as a national and international model of excellence in the administration of justice.

We are dedicated to providing single point service, in both official languages, through mutual respect and diversity, while enhancing judicial independence for the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada.

Courts Administration Service

Program Activity Architecture 2007-2008


Department/Agency Courts Administration Service
Strategic Outcome The public has effective, timely and fair access, in either official language, to the litigation processes of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada.
Program Activity 1. Provide registry services 2. Provide judicial services 3. Provide corporate services
Program Sub-activity 1.1 Federal Court of Appeal and Court Martial Appeal Court of Canada Registry Operations 2.1 Executive Offices 3.1 Office of the Chief Administrator
1.2 Federal Court Registry Operations 2.2 Judicial Assistants 3.2 Finance and Corporate Services
1.3 Tax Court of Canada Registry Operations 2.3 Law Clerk Program 3.3 Chauffeurs and Court Attendants Services
1.4 Quebec and Atlantic Region * 2.4 Library 3.4 Human Resources
1.5 Ontario Region 3.5 Information Management (Records Management)
1.6 Western Region ** 3.6 Information Technology
3.7 Best Practices & Modernization
* includes Nunavut Territory
** includes Yukon Territory and Northwest Territories

Note -This PAA was modified in March 2008 and further amendments are now planned for March 2009.

Summary Information

Department's Reason for Existence

The role of the Courts Administration Service is to provide registry, judicial and corporate services to four courts of law: the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada. These services permit individuals, companies, organizations and the Government of Canada to submit disputes and other matters to the Courts, and enable the Courts to hear and resolve the cases before them fairly, without delay and as efficiently as possible.

Financial Resources(millions of dollars)


2007-08
Planned Spending Total Authorities Actual Spending
61.6 63.8 60.6

Human Resources


2007-08
Planned Actual Difference
650 FTE 594 FTE 56 FTE

FTE – Full Time equivalent

Departmental Priorities


Name Type Performance Status
Priority No. 1 Modernization of our business processes and registry services operations ongoing Successfully met
Priority No. 2 Implementation of a comprehensive, dynamic, and fully integrated work environment to support the delivery of our services to clients and the judiciary ongoing Successfully met

Program Activities by Strategic Outcome


(millions of dollars) Expected Results Performance Status 2007-2008 Contributes to the following priority
Planned Spending Actual Spending
Strategic Outcome: The public has effective, timely and fair access, in either official language, to the litigation processes of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada.
Registry Services - Efficient CAS processes that provide timely access for Canadians to the registry and are responsive to the judiciary Successfully met 37.2 38 Priority No. 1 & No. 2
- A sustainable system of services to the courts that makes better use of technology, optimizes resources and ensures value for money spent Successfully met
- Records and information management that ensures the highest quality of information to users Successfully met
- Increased awareness and understanding of CAS and Courts by all stakeholders Successfully met
Judicial Services - The maintenance of effective and efficient services in support of the courts Successfully met 20.6 22.6 Priority No. 1 & No. 2
- Better reporting on results and value for money to Canadians and Parliament Successfully met
- Improved employee well-being Successfully met
- Excellence and professionalism in our workforce Successfully met

Note – Expected Results have been modified in the Report on Plans and Priorities (RPP) 2008-2009.

Summary of Departmental Performance

The Service is entirely funded by parliamentary appropriations and it received 63.7 million dollars in 2007-2008. With actual expenditures of 60.6 million dollars, there was a surplus at year end of 3.1 million dollars, or approximately 5% of the total available funding. Most of this funding will be carried forward to 2008-2009 to deal with projects not completed in 2007-2008. It should be noted that one of the principal causes of the surplus is the continued difficulty in recruiting HR staff which in turn impacts the Service's overall recruitment ability. Recruitment and retention is a problem plaguing most governmental and non-governmental organizations.

In addition to appropriations used to run court operations, the Service also collects revenue through filing fees, fines and sales of copies of filed documents, including judgments and orders. The Service is not mandated to spend these revenues and they are deposited directly into the Consolidated Revenue Fund of Canada. In 2007-2008, these revenues accounted for 5.4 million dollars, a marked increase over 2006-2007 attributable to a large increase in fine revenue resulting from judicial decisions.

In fiscal year 2007-2008 the Service received approximately $900,000 in funds under the Public Service Modernization Act Special Investment Framework. Six initiatives to implement this act are under way and will be completed by March 2009. More information regarding these initiatives can be found in Section IV of this report.

Bill C-3, an Act to amend the Immigration and Refugee Protection Act (certificate and special advocate) came into force on February 22, 2008, and with it provisions relating to Special Advocates, whose role consists of protecting the interests of permanent residents or foreign nationals during in camera evidentiary hearings held in the context of the issuance of security certificates pursuant to that legislation.

Further to discussions with the Department of Justice during the course of 2007-2008, the Service agreed to provide certain forms of support to Special Advocates in the context of their review of classified material on the Service's premises. Broadly speaking, this support consists of access to facilities within which Special Advocates may consult classified materials, as well as the provision of some administrative and other support to facilitate the preparation of court documentation for hearings in which the Special Advocates are principal participants.

This type of cross-departmental arrangement represents a first for the Service, and the full effects of this initiative will only be realized in 2008-2009 and in subsequent years.

Following the recommendations expressed in the context of the Internal Audit Report on Human Resources Management 2003 to 2005, several policies and directives regarding the Service's internal management of HR practices were reviewed or created during the past year.

Last year, the Service hosted delegations from Ukraine and China. For many years, the Service has shared its expertise with other international judicial organizations and is recognized throughout the world as a leader in the area of registry services.


Priority 1 :
Modernization of our business processes and registry services operations.


During 2007-2008, Judicial and Registry Services worked with Information Technology staff worked on the following four initiatives to improve client service and productivity, and to assist in the implementation of the new Court Management System (CMS): e-filing, e-scanning, digital recording and electronic distribution of judgments and orders. During the next few years, the Service's goal is to complete the development and implementation of the new CMS to allow for a uniform method of electronic reception, transmission, storage and retrieval of all court files for all four Courts.


Priority 2 :
Implementation of a comprehensive, dynamic and fully integrated work environment to support the delivery of our services to clients and the judiciary.


In 2007-2008, the Service continued its efforts to form a single, highly skilled team to support the amalgamated registries of the four courts. Registry personnel, particularly new employees, received special training regarding the handling of documents and court procedures. This cross-training ensures that the public and the judiciary are well served at all of the Service's offices across Canada.

The consolidation of the staff in the National Capital Region (NCR) in fewer physical locations is still a priority for the Service given that staff is currently located in five separate locations in Ottawa. The relocation of almost a third of the Service's employees in this region is scheduled for fall 2008.

In 2007-2008, the Service received funds under the Public Service Modernization Act Special Investment Framework. The Service's Human Resources division undertook a project that consists of six initiatives to implement Public Service Modernization Act that will be completed by March 2009. (For more information, see Section IV – Other Items of Interest)

Towards the end of the year, a Management Accountability Framework (MAF) self assessment was completed. This self assessment exercise involved the Service's Senior Management Committee members and directors. Gaps and shortcomings were identified for inclusion in work plans. This exercise was key to sensitizing the managers to the MAF and highlighting its importance for the organization's overall management approach and performance.

On February 22, 2008, Bill C-3, an Act to amend the Immigration and Refugee Protection Act (certification and special advocate) came into force, and following discussions with the Department of Justice, the Service agreed to allow access by the Special Advocates to its premises for the purpose of consulting court files. This required the reconfiguration of facilities and staff relocation.

During 2007-2008, the Learning Services of the Service offered a one-day Anti Harassment Workshop to all employees and managers across Canada via the Joint Learning Program which is a partnership of the Public Service Alliance of Canada and the Canada Public Service Agency. An interim summary of the comments gathered during these workshops was presented to the Senior Management Committee members in June 2008. The final report will be presented in fall 2008 once all workshops in our Western offices are completed.

In order to enhance the professional development of the Service's personnel and improve service delivery, formal training and information sessions were provided to judicial, registry and operational staff, particularly to new employees, on a wide range of registry related subjects. Increased opportunities were also given for exchanges or internships between the regional offices and headquarters.

Learning plans for more than 90% of the employees were completed by the end of March 2008.

Operating Environment

The Service continues to face certain ongoing financial pressures. For example, at the request of the Chief Justice of the Federal Court, four new Prothonotary positions were created for the Federal Court between 1999 and 2003. In addition, four new Deputy Judges have been appointed to the Federal Court since 2004. In December 2006, the Service did obtain temporary funding for those positions as well as their related support costs for the 2007-2008 fiscal year, but the funding must be requested year after year even though these requirements are ongoing. The Service will continue to work with the Treasury Board Secretariat and other partners on finding a permanent solution to these funding issues.

It should also be noted that over the years, the Service has absorbed certain additional expenses which have added to the financial stress on the organization. For example, it absorbed ongoing cuts pursuant to the Government's Expenditure Review that was conducted four years ago.

During 2007-2008, the Service has been working on key modernization initiatives to improve service delivery to the judiciary, to the legal profession and to the general public. These initiatives include the implementation of new technologies and in particular improvements to the case management system.

Context

Last year, the Service's Program Activity Architecture (PAA) has been reviewed and amendments were submitted to Treasury Board Secretariat for changes at the sub-activity level. The proposed PAA better reflects the organization. Also the Service's Performance Measurement Framework (PMF) was developed in collaboration with senior managers. The PMF will be used to gather the necessary data that will enable the Service to evaluate its performance in a more structured format. In order to do so, surveys will be developed and statistical information will be gathered.

For more than half of 2007-2008 the Service's Human Resources Division was significantly understaffed. Because of this situation hiring was delayed and competitions cancelled in some cases. This situation created significant stresses within the organization and in particular in Registry Services. With the help of the Public Service Commission and private consultants some of the most urgent staffing was undertaken but this situation impacted staff's morale and to a certain extent client service. The Human Resources Division (HR) is now fully staffed and normal staffing activities have resumed.