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2007-08
Departmental Performance Report



Department of Justice Canada






Supplementary Information (Tables)






Table of Contents




Table 3: Sources of Respendable and Non-Respendable Revenue


Respendable Revenue ($ millions) 2007–2008
Actual
2005–06
Actual
2006–07
Main
Estimates
Planned
Revenue
Total
Authorities
Actual
Providing legal advisory, litigation and legislative services to government
Client Departments
-
-
-
-
182.0 182.0
Total Respendable Revenue [Note 2]
-
-
-
-
182.0 182.0
Non-Respendable Revenue ($ millions) 2007–2008
Actual
2005–06
Actual
2006–07
Main
Estimates
Planned
Revenue
Total
Authorities
Actual
Developing policies and laws
Family Order and Agreements Enforcement Assistance Program
6.6
6.2
 
7.9
7.9 7.3
Central Registry of Divorce Proceedings
0.8
0.7
 
0.9
0.9 0.9
             
Developing and Implementing programs
Miscellaneous Revenues [Note 1]
7.5
3.8
-
-
- -
 
Providing legal advisory, litigation and legislative services to government
Legal Services - Crown Corp. EBP
 
 
 
31.7
31.7 31.7
Legal Services - Crown Corp.
1.3
1.0
 
0.4
0.4 0.2
Client-Departments Cost Recoveries
153.6
154.5
-
0.7
0.7 0.3
Miscellaneous Revenues [Note 1]
2.5
3.2
 
0.5
0.5 4.3
 
Providing prosecution services
Legal Services – Crown Corp.   0.2        
Client Departments Cost Recoveries   5.2        
Fines and forfeitures 2.9 1.0        
Miscellaneous Revenues [Note 1] .3 0.8        
 
Total Non-Respendable Revenue [Note 3]
175.5
176.6
-
42.1
42.1 44.6

Note 1: Miscellaneous revenues have been applied to proper program activities in 2006 and 2007.

Note 2: Respendable revenue under net vote authority

Note 3:Non-Respendable Revenues include refunds and reversal of previous years expenditures. Under accrual accounting (see Departmental Financial Statements - Table 15), these refunds and reversals are excluded from revenues and reported with expenses.



Table 4-A: User Fees Act


  2007–2008 Planning Years
User Fee
Fee Type
Fee-setting Authority
Date Last Modified
Forecast Revenue
($000)
Actual Revenue
($000)
Full Cost
($000)
Performance Standard Performance Results Fiscal Year Forecast Revenue
($000)
Estimated Full Cost
($000)
The family Order and Agreements Enforcement Assistance (FOAEA) 
Regulatory

FOAEA Act

March 1999

6,000 7,284 7,284 Yes Results are available in table 4-B 08/09

09/10

10/11

6,000

7,000

7,000

6,000

7,000

7,000

The Central Divorce Proceedings
Regulatory

CRDP

Fee Order

May 1986

750
762
762
Yes Results are available in table 4-B 08/09

09/10

10/11

800

800

800

800

800

800

Fees charged for the processing of access requests filed under the Access to Information Act (ATIA)
Other product and services
Access to Information Act (ATIA)
1992
4.0
2.2
1,636
Yes
Results are available in table 4-B
08/09

09/10

10/11

4.2

4.5

4.8

2,000

2,250

2,500

   
 
 
Total

6,754.0

Total

8,048.2

Total

9,682.0

    Subtotal 08/09

Subtotal 09/10

Subtotal 10/11

6,804.2

7,804.5

7,804.5

8,800

10,050

10,300

B. Date Last Modified N/A                      
C. Other Information
ATIA
Full cost reflects the cost of the Access to Information and Privacy (ATIP) Office in Justice. The role of the ATIP Office is to respond to all formal requests that are made to the Department of Justice, in accordance with the Access to Information Act. As other central agencies, the DOJ ATIP Office has an expanded role; in addition to processing requests, the Office responds to consultations from other government institutions regarding solicitor-client information for the Government as a whole.
Although the User Fees Act may provide some of the performance indicators, fee waiver must be considered in light of the ATIP legislation.

Table 4 B: Policy on Service Standards for External Fees


External Fee
Service Standard
Performance Results
Stakeholder Consultation
The family Order and Agreements Enforcement Assistance (FOAEA)
  1. Processing of tracing applications under Part I of the Act will be completed and a response provided to provincial/territorial enforcement programs within 10 business days. 
  2. Garnishment applications under Part II of the Act will be in effect 35 days after receipt.
  3. Licence-denial applications under Part III of the Act will be initiated and terminated within 10 business days.
  4. Public enquiries are to be responded to within 48 hours.
A total of 25,858 applications received and treated within 10 business days. Standard met at 100%.

69,087 garnishment applications accepted within the time frame. Standard met at 100%.

10,794 applications received and processed within the time frame. Standard met at 100%.

89,707 calls received through the automated interactive voice response system (IVR).

Standard met at 90%.

Informal feedback and general day-to-day interactions with clients and stakeholders, including provincial and territorial maintenance and enforcement programs, courts, creditors and other federal government partners, indicate a high level of satisfaction with the services provided under both the Family Orders and Agreement Enforcement Assistance and Central Registry of Divorce Proceedings programs.

A client satisfaction survey was launched in January 2005 to provide a more formal assessment of client satisfaction with service standards, levels and accessibility. Findings indicate strong levels of satisfaction

The Central Divorce Proceedings
  1. Clearance Certificates are to be issued within 3 weeks of receipt of the application.
  2. Divorce information is to be provided to Statistics Canada annually, according to schedule.
  3. All telephone enquiries are to be responded to within 24 hours and all written enquiries are to be responded to within 5 business days.
  4. Quarterly invoices and compensation reports are to be issued within 30 days.

Standard met at 90%.

Standard met 100%.

16,093 telephone enquires and written enquiries was received and standard was met at 90%.

Standard met at 100%.

A client satisfaction survey was launched in January 2005 to provide a more formal assessment of client satisfaction with service standards, levels and accessibility. Findings indicates strong levels of satisfaction.
Fees charged for the processing of access requests filed under the Access to Information Act (ATIA)
Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the ATIA. Notice of extension to be sent within 30 days after receipt of request.

The Access to Information Act provides fuller details:

http://laws.justice.gc.ca/en/A-1
Standard met at 95.0%.
The service standard is established by the Access to Information Act and the Access to Information Regulations. Consultations with stakeholders were undertaken by the Department of Justice and Treasury Board Secretariat for amendments done in 1986 and 1992.
Other Information
N/A



Table 5: Details on Transfer Payment Programs (TPPs)


1) Name of Transfer Payment Program: Aboriginal Justice Strategy (Voted)
2) Start Date: April 2007 3) End Date: March 31, 2012
4) Description:
Aboriginal people continue to be over-represented in the criminal justice system, both as victims and accused, and under-represented in the judiciary, legal profession and police.  When Aboriginal people come into contact with the justice system as victims or accused, their needs – related to culture, economic positions and social circumstances – must be taken into account to make the system more relevant and effective for them. 

One of the federal government’s key responses to addressing these issues has been the Aboriginal Justice Strategy (AJS), which co-funds, along with provinces and territories, community-based justice programs offering one, all, or a combination of diversion programs, sentencing circles or panels, family and civil mediation and other justice activities in Aboriginal communities.  In response to recommendations related to justice made by the Royal Commission on Aboriginal Peoples, the AJS was established in 1996 and was subsequently renewed in 2001 and again in 2007.  The mandate of the AJS is to:

  • To contribute to decreasing rates of crime and victimization in Aboriginal communities operating AJS programs;
  • To assist Aboriginal communities to take greater responsibility for the local administration of justice;
  • To assist Aboriginal communities to provide better and more timely information about community justice programs funded by the AJS;
  • To reflect and include relevant Aboriginal cultural values in Canadian justice administration.

The AJS is managed by the Department of Justice Canada’s (DOJ) Aboriginal Justice Directorate (AJD).  In collaboration with provincial and territorial counterparts, the AJD pursues the goals of the AJS through program development and support, community-based justice program funding and capacity-building support. The AJS supports programs and activities in all 13 provinces and territories in on-reserve, off-reserve and urban settings.

5) Strategic outcome(s): A fair, relevant and accessible justice system that reflects Canadian values.
6) Results Achieved:
In 2007-2008, the AJS supported 90 community-based justice programs serving approximately 400 Aboriginal communities across Canada, along with 19 capacity-building initiatives. 

A summative evaluation of the AJS 2002-2007 mandate was conducted in 2006-2007 and finalized in April 2007.  This evaluation helped shape the development and implementation of a renewal plan for the AJS, which was due to expire on March 31 2007.

 
7) Actual Spending
2005- 2006
8) Actual Spending
2006–2007
9) Planned Spending
2007–2008
10) Total Authorities
2007–2008
11) Actual Spending
2007–2008
12) Variance(s) Between
9) and 11)
13) Program Activity A1.1.1 Aboriginal Justice Strategy
14) Total Grants
55,000
4,000
0
260,000
96,996
-96,996
14) Total Contributions
7,345,000
7,287,586
6,900,000
11,110,000
9,586,445
-2,686,445
14) Total Other Types of TPs
   
15) Total
7,400,000
7,291,586
6,900,000
11,370,000
9,683,441
-2,783,441
16) Comment(s) on Variance(s):
  • Excess funds were transferred to the contribution side of the Program to offset higher funding needs.
  • Supplementary funding of $260k for five years approved at Second Supplementary estimates; only $96k was spent with funding received late in the fiscal year
  • Supplementary funding of $9M for five years approved in two parts at First and Second Supplementary estimates
17) Significant Evaluation Findings and URL(s) to Last Evaluation: 
|
A summative evaluation of the 2002-2007 AJS mandate was conducted in 2006-07 and finalized in April 2007. The complete 2007 AJS summative evaluation report is available on the Department of Justice web site at: http://www.justice.gc.ca/eng/pi/eval/rep-rap/07/ajs-sja/p2.html

The evaluation included a series of case studies and a study on the impact of the AJS on recidivism rates that shows that participants in an AJS program are approximately half as likely to re-offend as are individuals who do not participate in such a program.  Other positive impacts noted in the evaluation report are that AJS programs address victims’ concerns, enable victims to participate in justice processes, contribute to stable communities and contribute to a marked reduction in youth alienation.  The evaluation found that the AJS represents a cost-effective and relevant model for dealing with Aboriginal offenders, which reflect Aboriginal values and beliefs and recommended that: 

  • in the event additional funding for the AJS is secured, increasing the number of, and participation in, community-based justice programs should be an overall funding priority;
  • the AJD should work toward formalizing the selection process for new AJS programs, making the application process more accessible, enhancing communication about the program, and should develop tools to improve AJS program reporting; and
  • the AJD should increase the level of coordination of provincial, territorial, and federal efforts in relation to the implementation of community-based justice programs.
The report concluded that AJS objectives continue to be particularly relevant to Aboriginal people, given the severity of the problems Aboriginal people continue to face in the mainstream justice system.   


1) Name of Transfer Payment Program: Access to Justice Services Agreements (Voted)
2) Start Date: 1996 3) End Date: March 31, 2009 (ongoing)
4) Description:
The goal of the Access to Justice Services Agreements (AJAs) is to integrate federal government funding support to Canada’s three territories for access to justice services (that is, both criminal and civil legal aid, Aboriginal Courtwork, and Public Legal Education and Information) through ongoing contribution agreements that allow the territories the flexibility needed to provide these services in an extremely challenging environment (vast distances, harsh climate, cultural/linguistic differences). The overarching goal of federal support for Aboriginal Courtwork services is to facilitate and enhance access to justice by assisting Aboriginal people involved in the criminal justice system to obtain fair, just, equitable and culturally sensitive treatment.  With regard to legal aid services in the territories, the federal goal is to enable the territories to provide legal aid services to economically disadvantaged persons involved in serious criminal matters. And, with respect to public legal education and information, the goal is to assist the territories in providing members of the public with the legal information they need to make informed decisions and participate effectively in the justice system. 
5) Strategic outcome(s): A fair, relevant and accessible justice system that reflects Canadian values.
6) Results Achieved:
Territories are enabled to provide access to justice services (legal aid, Aboriginal Courtwork and public legal education and information).  New terms and conditions have been approved and contribution funding agreements signed with all three territories for the two-year period, 2007-2008 to 2008-2009. 
 
7) Actual Spending
2005- 2006
8) Actual Spending
2006–2007
9) Planned Spending
2007–2008
10) Total Authorities
2007–2008
11) Actual Spending
2007–2008
12) Variance(s) Between
9) and 11)
13) Program Activity A1.4.7 Access to Justice Services in the Territories    
14) Total Grants
   
14) Total Contributions
4,856,593
4,856,593
3,356,593
5,156,593
5,156,593
-1,800,000
14) Total Other Types of TPs
   
15) Total Program Activity
4,856,593
4,856,593
3,356,593
5,156,593
5,156,593
-1,800,000
16) Comment(s) on Variance(s):
Supplementary funding of $1.5M annually over next five years approved at first Supplementary Estimates plus $300K for 2007-2008 reallocated from within the Department to meet the territories’ acute need for additional resources.    
17) Significant Evaluation Findings and URL(s) to Last Evaluation(s).
The 2008 Aboriginal Courtwork Program Summative Evaluation report indicates that there is a strong and continuing need for the ACW Program; the ACW Program has been successful in achieving its intended outcomes; the cost of the ACW Program expressed on a per client or per Courtworker basis is very low; and opportunities to further expand the impact of the ACW Program are constrained by resource issues.  According to the results of the recent national survey of Aboriginal accused, 90% of clients are satisfied with the information they received from courtworkers.  For further information, the evaluation report can be found at: http://www.justice.gc.ca/eng/pi/eval/rep-rap/07/acw-papa/index.html.  The Legal Aid Program’s evaluation for the current five-year period is planned to be completed early in fiscal year 2011-12.
18) Significant Audit Findings and URL(s) to Last Audit(s).
n/a


1) Name of Transfer Payment Program: Child-centered Family Justice Fund (Voted)
2) Start Date: August 12, 2003 3) End Date: March 31, 2008
4) Description:
The Child-centred Family Justice Fund (CCFJF) is a key component of the Child-centred Family Justice Strategy.  While the federal government does not provide direct services to separated and divorced parents since the provinces and territories are responsible for the administration of justice, the Department of Justice is committed to assisting and promoting the development, expansion and maintenance of such services through the CCFJF.
5) Strategic outcome(s): A fair, relevant and accessible justice system that reflects Canadian values.
6) Results Achieved:
Programs are developed and implemented in response to identified needs and gaps and are integrated with Government priorities and commitments.
 
7) Actual Spending
2005- 2006
8) Actual Spending
2006–2007
9) Planned Spending
2007–2008
10) Total Authorities
2007–2008
11) Actual Spending
2007–2008
12) Variance(s) Between
9) and 11)
13) Program Activity A1.3 Family Justice    
14) Total Grants
23,430
29,950
50,000
0
0
50,000
14) Total Contributions
16,042,102
16,170,761
11,950,027
16,250,027
16,250,027
-4,300,000
14) Total Other Types of TPs
   
15) Total Program Activity
16,065,532
16,200,711
12,000,027
16,250,027
16,250,027
-4,250,000
16) Comment(s) on Variance(s):
Supplementary funding of $4M approved at first Supplementary Estimates plus internal transfer of funds to the PLEI/Professional Training component to support projects that address the needs of official languages minority communities.
17) Significant Evaluation Findings and URL(s) to Last Evaluation(s). If an evaluation is planned, but has not yet occurred, indicate when it will be completed.
A Summative Evaluation was completed in 2007-2008 and will be posted shortly on the Department of Justice web site.
>18) Significant Audit Findings and URL(s) to Last Audit(s):

 


1) Name of Transfer Payment Program: Court Ordered Counsel in Federal Prosecutions (Voted)
2) Start Date: FY2002-2003 3) End Date: March 31, 2012 (ongoing)
4) Description:
The Department of Justice provides contribution funding to the provinces, territories and their legal aid delivery entities to provide court ordered funded counsel in instances where individuals do not qualify for legal aid in federal prosecutions.  These federal cases (primarily drug cases) involve serious charges and there is a likelihood of incarceration upon conviction. This program reduces the likelihood of a lengthy stay of proceedings until the prosecuting authority arranges court-ordered counsel for the accused. 
5) Strategic outcome(s): A fair, relevant and accessible justice system that reflects Canadian values.
6) Results Achieved:
In fiscal year 2007-08, 38 cases were funded through contribution agreements with either provinces or their legal aid delivery entities. 
 
7) Actual Spending
2005- 2006
8) Actual Spending
2006–2007
9) Planned Spending
2007–2008
10) Total Authorities
2007–2008
11) Actual Spending
2007–2008
12) Variance(s) Between
9) and 11)
13) Program Activity A1.4.3 Court Ordered Council in Federal Prosecutions    
14) Total Grants
   
14) Total Contributions
396,437
1,601,039
2,378,000
5,851,000
5,850,842
($3,472,842)
14) Total Other Types of TPs
   
15) Total Program Activity
396,437
1,601,039
2,378,000
5,851,000
5,850,842
($3,472,842)
16) Comment(s) on Variance(s):
  • Expenditures for this program are a direct response to Court Orders against the Federal Crown for funded counsel in federal prosecutions.  The number of cases, the complexity of the issues and evidence involved are cost drivers.  Accordingly, predicting expenditures from year to year is difficult.   The Program’s planned-for expenditures on Court Ordered Counsel in Federal Prosecutions were covered using funding identified from other areas of the department.
  • Supplementary funding of $1.65M for next five years approved at First Supplementary Estimates PLUS $4.2M obtained internally to meet  additional needs related to two mega cases
17) Significant Evaluation Findings and URL(s) to Last Evaluation(s).
The Program’s evaluation for the current five-year period is planned to be completed early in fiscal year 2011-12
18) Significant Audit Findings and URL(s) to Last Audit(s).
Given that, in all cases, the recipients of contributions are provincial and territorial governments (and their legal aid delivery entities) and that the overall level of risk to the Program has been assessed at low/medium, no audits were conducted.


1) Name of Transfer Payment Program: Legal Aid (Voted)
2) Start Date: August 17, 1971 3) End Date: March 31, 2012 (ongoing)
4) Description:
Contribution funding in support of criminal legal aid and immigration and refugee legal aid service delivery by provinces, as well as support for funded counsel in PSAT cases involving economically disadvantaged persons and in federal prosecutions.
5) Strategic outcome(s): A fair, relevant and accessible justice system that reflects Canadian values.
6) Results Achieved:
Provinces were enabled to provide legal aid services to eligible persons involved in serious criminal, youth criminal justice, and immigration and refugee matters.  As well, PSAT cases and federal prosecutions involving economically disadvantaged persons were not stayed due to lack of funded defence counsel.
 
7) Actual Spending
2005- 2006
8) Actual Spending
2006–2007
9) Planned Spending
2007–2008
10) Total Authorities
2007–2008
11) Actual Spending
2007–2008
12) Variance(s) Between
9) and 11)
13) Program Activity A1.4.1 access to justice    
14) Total Grants
   
14) Total Contributions
119,775,396
119,827,507
119,827,507
119,827,507
119,827,507
0
14) Total Other Types of TPs
   
15) Total Program Activity
119,775,396
119,827,507
119,827,507
119,827,507
119,827,507
0
16) Comment(s) on Variance(s):
The Legal Aid Program does not generally lapse criminal legal aid and I&R contribution funds due to its redistribution formula.  The Program’s planned-for expenditures on PSAT and FCOC cases were covered using funds identified from other areas of the department.
17) Significant Evaluation Findings and URL(s) to Last Evaluation(s).
The Program’s evaluation for the current five-year period is planned to be completed early in fiscal year 2011-12
18) Significant Audit Findings and URL(s) to Last Audit(s).
Audits of the provinces’ legal aid programs did not result in significant audit findings.  The issues encountered (such as those related to solicitor-client privilege) will help inform the development of possible approaches to future FPT audits (such as joint audits).


1) Name of Transfer Payment Program: Victims Fund (Victims of Crime Initiative and Federal Victims Strategy)
2) Start Date:
  • VCI April 1, 2005
  • FVS April 1, 2007
3) End Date:
  • VCI March 31, 2010
  • FVS March 31, 2011
4) Description:
The Victims Fund is a grants and contributions fund with broad terms and conditions designed to raise awareness and enhance services and assistance to victims of crime.  The Victims Fund is administered by the Policy Centre for Victim Issues and provides support to victims of crime as well as to governmental and non-governmental organizations to implement a wide range of victim focused projects and activities.    
5) Strategic outcome(s):
A fair, relevant and accessible justice system that reflects Canadian values
6) Results Achieved:

In 2007/08 the Victims Fund:

  • Provided funding to 410 victims and 75 support persons to attend NPB hearings (totaling $323,974).  Victims have reported that the funding received was very helpful and increased their ability to participate in criminal justice system. 
  • Provided $70,394 to Canadians victimized abroad
  • Provided $733,989 to P/T governments to implement legislation to benefit victims or to advance the Canadian Statement of Basic Principles of Justice for Victims of Crime, including the purchase of testimonial aids, training, salary for service providers, consultations, evaluation and research
  • Provided funding for grants ($254,394) and contribution agreements ($2,590,935) to a wide base of stakeholders including NGOs, government, service providers and victim advocates and stakeholders. The projects and activities funded in 07/08 included such things as training events, evaluation of programs, research, and networking.
  • Provided funding for 24 projects (totaling $92,441) related to National Victims of Crime Awareness Week across Canada
  • Victims Fund recipients report reduced financial hardship, increased willingness to participate in the criminal justice process, and an overall improved experience for victims of crime in the criminal justice process as a result of funding available

In 2007/08 significant enhancements to the Victims Fund were implemented, increasing the Fund from approximately 2M per year to 7.75M per year.  The new resources complimented the broad, general objectives of the existing funds by providing resources for targeted activities and objectives, namely:

  • Financial assistance to Canadians victimized abroad 
  • Expanded support for registered victims to have a support person attend NPB hearing with them
  • Funding for increasing support for victims in northern community justice committees 
  • Increased resources for provincial and territorial government partners to (a) increase services to under-served victims, (b) provide resources for victims to attend sentencing hearings to present a Victim Impact Statement, and (c) respond to the emergency needs of crime victims in the three territories.   

2007/08 was the first year of the enhanced funding and because funds were received late in the fiscal year, full take up was not possible. 

Through 07/08 the PCVI worked closely with provincial and territorial partners to simplify the required application and reporting requirements and developed tools to assist jurisdictions in developing programs and capacity to access the funds.  This assistance and additional measures will continue through 08/09.

 
7) Actual Spending
2005- 2006
8) Actual Spending
2006–2007
9) Planned Spending
2007–2008
10) Total Authorities
2007–2008
11) Actual Spending
2007–2008
12) Variance(s) Between
9) and 11)
13) Program Activity A1.2.5 Victims of Crime Initiative    
14) Total Grants
0
343,023
1,750,000
850,000
239,788
1,510,212
14) Total Contributions
788,813
1,908,150
6,750,000
7,650,000
2,426,494
4,323,506
14) Total Other Types of TPs
   
15) Total Program Activity
788,813
2,251,173
8,500,000
8,500,000
2,666,282
5,833,718
16) Comment(s) on Variance(s):
New funding for five years approved at first supplemental estimates (Federal Victims Strategy)
17) Significant Evaluation Findings and URL(s) to Last Evaluation(s).
  • A comprehensive evaluation of the Victims Fund will be completed through the summative evaluation of the Federal Victims Strategy in 2010.  The Formative (Mid-Term) evaluation completed in 2007/08 noted that the Victims Fund grants and contributions were found to be directed to the objectives and anticipated outcomes described in the RMAF, noting that the Victims Fund continues to be considered an effective vehicle to contribute to the improvement of the experience of victims of crime in the criminal justice system. Evaluation findings indicated that the Victims Fund has helped to increase the willingness of victims/witnesses to participate in the criminal justice system by ensuring more support and accommodations and that the financial assistance provided to victims or their family members has reduced the financial hardship of attending early eligibility (homicide) parole hearings and National Parole Board hearings. 
  • The evaluation results from 2005 (Evaluation of the 2000-2004 Victims of Crime Initiative) were very positive.  The evaluation highlighted that a small investment has resulted in significant improvements in victim services, awareness, education, training etc, particularly in the smaller jurisdictions and the North.  The current combinations of policy instruments (PCVI mandate and the Victims Fund) appear to be the most effective methods for federal involvement in the area of victims’ issues.  Provincial/ territorial service delivery has been positively enhanced as a result of the Initiative particularly in managing some of the ongoing increased workload that has resulted from victims’ legislation.  http://www.justice.gc.ca/eng/pi/eval/rep-rap/04/vic-vac/tech/tech.pdf
18) Significant Audit Findings and URL(s) to Last Audit(s).
n/a


1) Name of Transfer Payment Program: Youth Justice - Intensive Rehabilitative Custody and Supervision Program (IRCS) (Voted)
2) Start Date: April 1, 2002 3) End Date: March 31, 2013 (on going)
4) Description:
The overall objective of this Program is to financially assist provinces and territories in providing the specialized services required for the implementation of the Intensive Rehabilitative Custody and Supervision (IRCS) sentence [paragraph 42(2)(r) and subsection 42(7) of the Youth Criminal Justice Act (YCJA)] and other sentencing options applicable under the YCJA to serious violent youth offenders with mental health problems. It is expected that these services will reduce violence in those convicted of the most serious violent offences. 
5) Strategic outcome(s):
A fair, relevant and accessible justice system that reflects Canadian values
6) Results Achieved:
Provinces and territories have the financial capacity to implement sentencing options that involve specialized treatment programs to address the mental health issues of serious violent youth offenders.   
 
7) Actual Spending
2005- 2006
8) Actual Spending
2006–2007
9) Planned Spending
2007–2008
10) Total Authorities
2007–2008
11) Actual Spending
2007–2008
12) Variance(s) Between
9) and 11)
13) Program Activity A1.2.3 Intensive Rehabilitative Custody and Supervision    
14) Total Grants
14) Total Contributions
2,885,475
3,424,450
11,048,000
6,949,487
4,039,250
7,008,750
14) Total Other Types of TPs
   
15) Total Program Activity
2,885,475
3,424,450
11,048,000
6,949,487
4,039,250
7,008,750
16) Comment(s) on Variance(s):
  • Supplementary funding of $11M on-going approved at First Supplementary Estimates minus Reallocation of $10.2M; only $4M was spent.
  • The number of IRCS sentences imposed by the courts remained much lower than initially anticipated, leading to actual spending lower than anticipated.
17) Significant Evaluation Findings and URL(s) to Last Evaluation(s).
A Summative Evaluation of this Program is scheduled for 2009-10.
18) Significant Audit Findings and URL(s) to Last Audit(s).
Audits are conducted regularly and usually involve the agreements with two or three jurisdictions per year.


1) Name of Transfer Payment Program: Youth Justice Services Funding Program (Voted)
2) Start Date: April 2, 1984 3) End Date: March 31, 2011 (ongoing)    
4) Description:
The overall objective of this Program is to support the policy directions of the Youth Justice Initiative. The specific objectives of the individual agreements are to support and promote an appropriate range of programs and services that: encourage accountability measures for unlawful behavior that are proportionate and timely; encourage the effective rehabilitation and reintegration of young persons into their communities; target the formal court process to the most serious offences; and target detention and custody to the most serious offences.
5) Strategic outcome(s):
A fair, relevant and accessible justice system that reflects Canadian values.
6) Results Achieved:
The contribution agreements support a sustainable youth justice system that is capable of innovations and supports federal youth justice priorities.   
 
7) Actual Spending
2005- 2006
8) Actual Spending
2006–2007
9) Planned Spending
2007–2008
10) Total Authorities
2007–2008
11) Actual Spending
2007–2008
12) Variance(s) Between
9) and 11)
13) Program Activity A1.2.2 Youth Justice Services    
14) Total Grants
14) Total Contributions
185,302,415
177,302,415
177,302,415
177,302,415
177,302,415
0
14) Total Other Types of TPs
   
15) Total Program Activity
185,302,415
177,302,415
177,302,415
177,302,415
177,302,415
0
16) Comment(s) on Variance(s):
n/a
17) Significant Evaluation Findings and URL(s) to Last Evaluation(s).
A Summative Evaluation of this Program is scheduled for 2009-10.  
18) Significant Audit Findings and URL(s) to Last Audit(s).
Audits are conducted regularly, and usually involve the agreements with two or three jurisdictions every year.



Table 6 Horizontal Initiatives


1. Name of Horizontal Initiative:
National Anti-drug Strategy
2. Name of Lead Department(s):
Department of Justice
3. Lead department Program Activity:
Justice Canada Lead Role for the National Anti-Drug Strategy;Youth Justice Fund – Youth Justice Anti-drug Treatment Component; and Drug Treatment Courts
4. Start date of the horizontal initiative:
2007-08
5. End date of the horizontal initiative:
2011-12 and ongoing
6. Total Federal Funding Allocation (start to end date): : $598 million[1]
7. Description of the Horizontal Initiative (including funding agreement):

The National Anti-Drug Strategy is built on the former Canada’s Drug Strategy, with a clear focus on illicit drugs and a particular emphasis on youth. Its goal is to contribute to safer and healthier communities through coordinated efforts to prevent use, treat dependency and reduce production and distribution of illicit drugs. It encompasses three action plans: prevention, treatment and enforcement.

The prevention action plan supports efforts to prevent youth from using illicit drugs by enhancing their awareness and understanding of the harmful social and health effects of illicit drug use and to develop and implement community-based interventions & initiatives to prevent illicit drug use. The treatment action plan supports effective treatment and rehabilitation systems and services by developing and implementing innovative and collaborative approaches. The enforcement action plan aims to contribute to the disruption of illicit drug operations in a safe manner, particularly targeting criminal organizations.

8) Shared Outcome(s):
  • Reduced demand for illicit drugs in targeted populations and areas;
  • Reduced impacts of illicit drug use through prevention and treatment efforts; and
  • Reduced supply of illicit drugs.
9) Governance Structure(s):

The governance structure of the Strategy consists of an Assistant Deputy Minister Steering Committee and working groups on policy and performance, prevention and treatment, enforcement, and communications. The governance structure is supported by the Strategic Initiative Unit of the Department of Justice Canada.

The Assistant Deputy Minister Steering Committee (ADMSC), which is chaired by the Department of Justice Canada, oversees the implementation of the Strategy, making decisions necessary to advance the initiative, where required, and ensuring appropriate and timely outcomes for the initiative and accountability in the expenditure of initiative resources.  The ADMSC prepares questions for the consideration of Deputy Ministers, where appropriate.

The Prevention and Treatment Working Group, chaired by Health Canada, oversees the development and implementation of the Prevention and Treatment Action Plans. The Enforcement Working Group, chaired by the Department of Public Safety Canada, oversees the development and implementation of the Enforcement Action Plan. The Policy and Performance Working Group, chaired by the Department of Justice Canada, oversees the development and articulation of policy directions and outcomes for the Strategy and the work of the Sub-Committee on Evaluation and Reporting. The communications Working Group, chaired by the Department of Justice Canada, oversees communication of the Strategy including, making decisions necessary to advance communication of the initiative and ensuring coordination of communication.

10) Federal Partners 11. Federal Partner Program Activity 12. Names of Programs for Federal Partners 13. Total Allocation (from start to end date) 14. Planned Spending for 2007–08 15. Actual Spending for 2008–09 16. Expected Results for 2007-2008 17.

Results Achieved in 2007-2008

1. Department of Justice A1 a. Justice Canada Lead Role for the National Anti-Drug Strategy
$3.3M
$660,207
$568,388 
Effective leadership of the federal response to concerns around illicit drug prevention, treatment and enforcement through:

•  Assuming overarching responsibility for policy and coordination;

•  Establishing and maintaining a NADS Governance Structure;

•  Assuming the lead for and coordination of all NADS communications activities;

• Taking lead responsibility for accountability – evaluation and performance reporting.
•  Coordinated and contributed to 4 Memoranda to Cabinet which received policy approval in February- March 2007;

•  Established the Governance Structure for the NADS;

•  Coordinated the 3 NADS TB Submissions that were approved by the Board in September 2007;

•  Developed and negotiated all partner participation in and agreement to a Results-based Management and Accountability Framework (RMAF) that was submitted to Treasury Board at the end of March 2008;

•  Played a leadership role in the policy and performance of the Strategy through the ADM-level Steering Committee and the Policy and Performance Working Group of the Governance Structure;

•  Provided leadership and overall coordination of all communications activities, including the development and maintenance of the NADS website.
b. Drug Treatment Courts
(Treatment Action Plan)
$16.2M
$3.9M
$1.9M
New Drug Treatment Courts operational and reporting as required as per funding agreements Annual workplans and progress reports that are consistent with the DTC Funding Program objectives were received.
c. Youth Justice Fund - Youth Justice Anti-drug Treatment Component (Treatment Action Plan)
$6.9M
$500,000
$259,708
To fund projects on Treatment Services and Program Enhancements

To enhance capacity to plan/deliver a range of treatment services & programs to targeted populations

A total of 9 proposals were received in 2007-2008.

3 projects funded by the end of the fiscal year (2 completed and 1 on-going as at March 31-08) 4 will be funded in 2008-2009

Of the 3 funded projects, all targeted youth in conflict with the law dealing with illicit drug use issues; all 3 projects enhanced capacity through training and/or research and 1 project provided treatment through a pilot program.
2. Health Canada N/A a. Mass Media Campaign

(Prevention Action Plan)

$29.8 M
4.0M
$4.8M
Increased awareness and understanding of illicit drugs and their negative consequences Radio, print and web advertisements were developed and disseminated to parents.  Tips and tools for parents were also made available at www.drugprevention.gc.ca and in the Talking with Your Teen about Drugs booklet.
3.4 b. Drug Strategy Community Initiatives Fund (DSCIF)
(Prevention Action Plan)
$78.0M
$11.97M[2]
$10.2M
Increased awareness and understanding of illicit drugs and their negative consequences

Enhanced uptake of knowledge in communities to address illicit drug sue and its negative consequences

In 2007/08, Health Canada provided $2.920M in funding for national projects and $3.705M in funding for regional projects. A new DSCIF call for proposals addressing NADS objectives, closed in February 2008. A total of 299 proposals were received for consideration.
c. Drug Treatment Funding Program (DTFP)

(Treatment Action Plan)

$124.7M
$18.0M
$14.1M
Improved collaboration on responses and knowledge of treatment issues

Enhanced capacity to plan/deliver a range of treatment services and programs to targeted populations

Enhanced F/P/T commitments to improve treatment systems in targeted areas of need

In 2007/08, consultations were held with provinces and territories to finalize the Drug Treatment Funding Program (DTFP) design. Developmental funding in the amount of $85,000 was provided to 2 provinces to undertake a situational analysis describing the current “state of affairs” in relation to the implementation of evidence-informed practices and performance measurement and evaluation activities. As well, discussions were held with the BC Ministry of Health and Vancouver Coastal Health Authority regarding options for new treatment interventions for drug addicted people living in the Downtown Eastside, in particular women engaged in the sex trade.
4.1.1.2 d. National Native Alcohol and Drug Abuse Program (NNADAP)

(Treatment Action Plan)

$36.0M
$2.4M[3]
$2.2M[4]
Enhanced capacity to plan/deliver a range of treatment services and programs to targeted populations In 2007/08, FNIHB initiated a number of activities to prepare the groundwork for additional NADS investments in 2008/09.  These investments included: establishing a national certification process; enhancing and expanding opportunities for certified, evidence-based training; initiating work on an addictions information data system; producing a detailed report on workforce issues that will help shape future investments.
3.4 e. Office of Controlled Substances

(Enforcement Action Plan)

$12.8 M
$1.6M
$1.6M
Increased capacity to control and monitor controlled substances and precursor chemicals The Office of Controlled Substances (OCS) continued to expand and develop the inspection program for precursor chemicals. Two new inspectors were hired in Alberta and four in Ontario.  Seventy-five inspections were conducted; these comprised of inspections of dealers licensed under the Precursor Control Regulations as well as some pre-license inspections and a small number of targeted inspections under the Narcotic Control Regulations.  Development of tools and processes continues in order to create the appropriate structure for a further expanded inspection program
f. Drug Analysis Services

(Enforcement Action Plan)

$ 49.2 M[5] $ 3.4 M[6]
$8.0M
$9.0M
Increased capacity to gather, analyze/share intelligence and analyze data

Increased awareness of illicit drug and precursor chemical issues for enforcement

Drug Analysis Services (DAS) Laboratories received more than 107,000 exhibits and issued more than 124,000 certificates of analysis.  Although the average time to analyze exhibits exceeded the performance target (60 days), all received exhibits that indicated a court date were analyzed and reported before that date.  The Destruction Unit processed more than 113,000 requests for authorization to destroy seized controlled substances.  In the administration of Part III Sections 24 (4) to 29 of the CDSA, Health Canada reimburses police services destruction costs. New procedures have been put in place for the reimbursement of these costs. At this time, it is difficult to project the long term impact of these procedures but an increase in claims for reimbursements has been seen.
3. Canadian Institutes of Health Research 1.2.6 Research on Drug Treatment Model

(Treatment Action Plan)

$4.0 M
$100,000
$34,446
Increased awareness and understanding of illicit drugs and their negative consequences On November 8 and 9, 2007, the CIHR Institute of Neurosciences, Mental Health and Addiction held a Consultation Workshop to identify research priorities related to addiction treatment for illicit drug use.  Addiction experts, health professionals and potential partners were invited to the consultation funded by NADS. The priorities established during the consultation constituted the base of two Requests for applications (RFAs).  RFAs were posted on the CIHR web site in April 2008.
4. Department of Public Safety Canada 5 a. Crime Prevention Funding and Programming

(Prevention Action Plan)

$20.0M
$2.0M
$830,013
Enhanced support for targeted at-risk populations.

Enhanced knowledge in communities to address illicit drug use and its negative consequences.

Funded projects are only in the early implementation stage and it is premature to outline firm results or outcomes. The six projects which have been approved for funding thus far implicate individuals and communities in British Columbia, Ontario and Atlantic Canada.  They aim to engage youth-at-risk of becoming involved in substance abuse-related crime in programs which help them acquire employment, interpersonal and other pro-social skills which contribute to reduction in risks factors.  These projects respond to priorities of the National Crime Prevention Centre by addressing substance use among youth and/or Aboriginal people. An additional 21 projects have been developed and are being reviewed. 
3 b. National Coordination of Efforts to Improve Intelligence, Knowledge, Management, Research, Evaluation

(Enforcement Action Plan)

$4.0M
$800,000
$586,000
Safer Communities and more effective policing through strategic national law enforcement policies Led, coordinated and drafted NADS TB Submission with enforcement action plan partners.  Coordinated the 2007 Canada-U.S. Border Drug Threats Assessment and drafted the Canada Drug Policy Section.  Extensive participation in developing the NADS RMAF.  Coordinating sections of the annual report on national drug trends for submission to the UN. Participation in FPT policy forums (CCSO impaired driving and drug issues groups), and international policy forums including the UN Commission on Narcotic Drugs and the Inter-American Drug Abuse Control Commission.

Funded 8 projects for research, knowledge and information exchange.

5. Royal Canadian Mounted Police 1.1.2.7 a. Drugs and Organized Crime Awareness Service (DOCAS)

(Prevention Action Plan)

$15.1 M
$3.0 M
$1.8M
Increased awareness of the nature, extent and consequences of substance use/abuse within the school, and Aboriginal communities and among youth, professionals and the general public. Improved skills / competencies in the delivery of programs The RCMP continued to engage youth and communities with prevention programming aimed at providing information on the negative consequences of drug use and risky behaviours. Also, DOCAS aims to provide awareness services for other agencies who may deal with issues related to illicit drug use or abuse. For 2007/2008, this included the following programs: D.A.R.E., Drugs and Kids, Drug Awareness Officer Training (DOAT). Efforts are also underway to improve the programming material for Aboriginal Shield.
3.5.2 b. National Youth Intervention and Diversion Program

(Treatment Action Plan)

$3.6M
$410,276
$208,681
To establish a team and a workplan for the program Hired 3 full-time employees to start up the program

Developed a comprehensive draft five-year work plan

Organized and/or participated in 30 consultations

1.1.2.7 c. The RCMP Drug Enforcement Program

(Enforcement Action Plan

$91.4M
$12.6M[7]
$10.9M
Improved understanding and knowledge of drugs, related trends, and production and diversion methods

Enhanced ability to detect and respond to the supply of illicit drugs and harmful substances

Undertook an initiative to train the Marihuana Grow Operation teams to respond in an ancillary role of Clandestine Drug Laboratory responders.

This initiative was successfully completed with the majority of current members of the MGO Teams being cross-trained in Clan Lab qualifications.  The newly trained members help create a synergistic partnership between the two teams, and target efforts in the prevention of chemical diversion and synthetic drug production. This practice will continue from this point forward, as Divisions have recognized the benefits of having an increased pool of experts in the area of safely investigating and dismantling dangerous labs, in the event of an emergency. Has led to a total 18 officers were trained in 2007/2008.

Funding under the National Anti-Drug Strategy was allocated to Divisions to enhance their Marihuana Grow Operation (MGO) Teams and Clandestine Laboratory Teams. The addition of new members allowed for greater targeting of efforts on larger grow operations, as well as emerging ‘super labs’.

There were 138 MGO seizures, and 22 Clandestine Laboratory seizures made in 2007/2008. For MGOs, this resulted in the seizure of 95,924 plants, and 1,202 kg of marihuana bud seized as part of these disruptions. For Clan labs, over 90 kg of methamphetamine and 95 kg of MDMA were seized as part of these disruptions.  

6. Correctional Service Canada 3.0 Case Preparation and Supervision

(Enforcement Action Plan)

$23.3 M[8]
$0
$0
N/A N/A
7. National Parole Board of Canada Conditional Release and Pardon Decisions

(Enforcement Action Plan)

$7.5 M[9]
$0
$0
N/A N/A
8. Office of the Director of Public Prosecutions 1.1 a. Prosecution and prosecution -related services
$9.9 M[10]
$0
$0
N/A N/A
b. Prosecution of serious drug offences under the CDSA

(Enforcement Action Plan)

$33.5 M[11]
$0
$0
N/A N/A
9. Canada Border Services Agency PA 1 Border Intelligence, Precursor Chemical Diversion, Analysis and Scientific Services

(Enforcement Action Plan)

$12.7 M
$1.5 M
$888,639
Commence implementation and hiring of staff.  For the CBSA, the reporting period for the NADS is from September 2007, (the commencement of the Strategy), to March 31, 2008. Funding released to the Regional offices, hiring processes commenced and where applicable, fractional resources were combined based on regional needs analysis and to address gaps/pressures.
10. Department of Foreign Affairs and International Trade 1.2 Annual Contributions to UNODC and CICAD

(Enforcement Action Plan)

$4.5 M
$900,000
$900,000
Enhanced capacity of Member States to implement combat crime and drugs through implementation of key international instruments, and delivery of technical assistance. DFAIT successfully managed projects involving training, equipment, technical and legal expertise resulting in increased capacity of beneficiary states and government entities to prevent and combat international crime and drugs.  Capacity building activities addressed both the supply of, and demand for, illicit drugs and also responded to Canadian policy priorities.
11. Canada Revenue Agency 42400 Special Enforcement Program

(Enforcement Action Plan)

$4.2 M
$825,019
$290,000
Increased capacity to audit MGOs and clandestine laboratories With the additional funding from the Strategy, 44 audits were started in 2007/08. Of these, 25 were completed, resulting in $1.2 M in taxes.
12. Public Works and Government Services Canada 01 Forensic Accounting Management Group (FAMG)

(Enforcement Action Plan)

$1.6 M
$200,000
$200,000
Increased capacity to provide forensic accounting services One full-time employee was hired.  FAMG provided forensic accounting analysis for 3 RCMP projects related to the Strategy.
13. Financial Transactions and analysis Centre of Canada 4881 Financial Transactions and Reports Analysis Centre of Canada

(Enforcement Action Plan)

$2.5 M
$268,000
$78,250
Enhanced support to Law enforcement

Development of financial intelligence

Ensuring compliance in high-risk reporting sectors

FINTRAC's involvement in the NADS for 2007-2008 has allowed the Centre to augment its capacity to communicate with its law enforcement and intelligence partners through its Liaison Officers' work. FINTRAC also augmented its capacity to analyze the information it receives and to create financial intelligence that is potentially relevant to drug-related cases, with the addition of one FTE dedicated specifically to NADS in the last quarter of 2007-2008. This increase in capacity is the foundation for the work that will support additional case disclosures and intelligence products by FINTRAC
   
Total $598M
Total $73.6M
Total $61.3M
18. Comments on Variances

1.a Justice - Justice Canada Lead Role for the National Anti-Drug Strategy
The funding was not fully utilized due to the late arrival of the funds, and also the complexity of the transition of the leadership role from Health Canada to Justice and the need to develop capacity within Justice to support the leadership role.

1.b Justice - Drug Treatment Courts of Justice:
There are still claims outstanding for this time frame.

1.c Justice - Youth Justice Fund - Youth Justice Anti-drug Treatment Component:
The short time frame (October-March, 2007) impacted the number of proposals received and projects approved.  Funding criteria was established and a call for proposals sent to Provincial/Territorial representatives, but there was slow uptake on the funding.  The short time frame also impacted the number of proposal reviews and agreement negotiations which could take place within the time frame.  The G's and C's allocation was $375 K and projects of a value of $166.7 K were funded over the time frame.

 2.a Health Canada - mass media campaign
Television campaign for parents was added to parent component.  Funding came from Branch surplus.

2.c Health Canada - Drug Treatment Funding Program
Delay in the announcement of DTFP resulted in lapsed funds in 2007/08.

2.f Health Canada - Drug Analysis Services
DAS has been in a chronic deficit since before 2000.  This is funded through internal reallocation.

3. Canadian Institutes of Health Research - Research on Drug Treatment Model
Actual spending was less than the allocation due to the timing of the NADS announcement and the amount of time it requires to prepare and issue RFAs.

4.a Department of Public Safety Canada- Crime Prevention Funding and Programming
The timing of NADS did not coincide well with our call for “Letters of Interest/proposals”, and so most projects were already in development, leaving little opportunity to turn these into NADS projects.  We did identify a certain number of proposals as NADS projects which in fact began their application process prior to 07/08, but most of these projects were for relatively small amounts of funding, meaning we fell short of our financial commitment, notwithstanding that we actually funded more projects than anticipated.

4.b Department of Public Safety Canada - National Coordination of Efforts to Improve Intelligence, Knowledge, Management, Research, Evaluation
As NADS funding was received late in fiscal year 2007-2008, there was insufficient time to complete staffing actions, resulting in lapsed funds equivalent to 1 FTE.

5.a RCMP - Drugs and Organized Crime Awareness Service
Actual spending was less than the allocation as a result of the re-orientation of the DOCAS program, and postponement of the Aboriginal Shield Initiative, which updated its programming material to reflect a broader range of Aboriginal cultures (i.e., Métis, Inuit).  Remaining funds that were allocated were returned to Treasury Board for the 2007/2008 fiscal year.     

5.b RCMP - National Youth Intervention and Diversion Program (NYIDP)
Overall, the NYIDP’s actual spending for FY 2007-08 was approximately fifty percent (50%) of the planned spending, which is largely due to the fact that this was the start-up year for the program.   The Director and Manager were hired in the 3rd quarter of the fiscal year; therefore, their salaries do not cover the entire fiscal year as originally calculated in the planned spending. The delays in having employees physically on-site delayed the overall development/implementation schedule for the NYIDP and, therefore, also impacted the operating expenditures.

5.c RCMP - The RCMP Drug Enforcement Program
Actual spending was less than the allocation as a result of funding for the Strategy rolling out in November 2007, and the amount of time required to fulfill human resource plans for additional trained officers.  Funding for 2007/2008 has been allocated to the requisite Divisions, and processes are underway to staff these positions.

9. Canada Border Services Agency - Border Intelligence, Precursor Chemical Diversion, Analysis and Scientific Services
The September 2007 implementation had a significant impact on the CBSA expenditures for the first year of the National Anti-Drug Strategy. Consequently, in 2007/2008 the CBSA was not able to utilize resources to their full extent (for example, procurement delays).

11. Special Enforcement Program of Canada Revenue Agency
The funding was received by the CRA in November 2007. It was not fully utilized because there was only five months to expend it and the majority of the funds are being spent on personnel costs.

13. Financial Transactions and Reports Analysis Centre of Canada
The funding was not fully utilized as it was received by the FINTRAC only in March of 2008.

19. Results to be Achieved by Non-federal Partners (if applicable): n/a:
20. Contact Information

Catherine Latimer 
General Counsel and Director General
Youth Justice, and Strategic Initiatives & Law Reform
(613) 957-9623

clatimer@justice.gc.ca


[1] It includes funding to implement MMPs for serious drug offences, which is held in a frozen allotment, to be released subject to the proposed legislation receiving Royal Assent.

[2] Original allocation as per RMAF is $15.7M. Variance due to reallocation of $1.79M in contribution dollars to 2008/09, the $1billion reduction exercise conducted in 2005/06 and lapsed funds.

[3] The original allocation of $3.2M for 2007/08 was re-profiled to future program years.

[4] This figure does not include accommodation, EBP and Branch fees.

[5] Original allocation as per RMAF is $62.4M. Variance is a result of internal reallocation to support DAS activities (research, policy, regulatory development).
[6] This funding to implement MMPs for serious drug offences is held in a frozen allotment, to be released subject to the proposed legislation receiving Royal Assent.

[7] This figure does not include accommodation amounts that are transferred to PWGSC.

[8] This funding to implement MMPs for serious drug offences is held in a frozen allotment, to be released subject to the proposed legislation receiving Royal Assent. No funding was available for 2007/08.

[9] This funding to implement MMPs for serious drug offences is held in a frozen allotment, to be released subject to the proposed legislation receiving Royal Assent. No funding was available for 2007/08.

[10] No funding was allocated for fiscal year 2007/08.

[11] This funding to implement MMPs for serious drug offences is held in a frozen allotment, to be released subject to the proposed legislation receiving Royal Assent. No funding was available for 2007/08.



Table 7: Sustainable Development Strategy

The Department of Justice’s fourth Sustainable Development Strategy (SDS), spanning from 2007 to 2009, has been developed by building on accomplishments and challenges from the three previous strategies, by responding to the government guidance for a more coordinated and consistent approach to implementing sustainable development efforts in the Government of Canada, and by linking sustainable development efforts in the Department to the key legal, policy and operational activities of the Department.

The Strategy has three objectives:

  • Further develop the capacity of the Department to support the provision of legal services related to sustainable development (supports Strategic Outcome II – A federal government that is supported by effective and responsive legal services)
  • Incorporate sustainable development principles and practices into the Department’s policy and program operations (supports Strategic Outcome I – A fair, relevant and accessible justice system that reflects Canadian values)
  • Improve the environmental sustainability of the Department’s physical operations (supports Program Activity C1 – Internal services)

These objectives, along with their respective targets and performance indicators, are aimed at improving the existing capacity and practices in the Department towards achieving sustainable development in its internal operations, as well as in its work with its client organizations.

The complete text of the Sustainable Development Strategy 2007-2009 may be obtained at: http://www.justice.gc.ca/eng/dept-min/pub/sds-sdd/07_09/index.html

1. Further develop the capacity of the Department to support the provision of legal services related to sustainable development 


Department’s Expected Results
for 2007-2008
Achieved SDS Departmental Results for 2007-2008
A minimum of 5 best practices and/or case studies will be identified, documented, and developed to support the enhancement of the Department’s capacity to include sustainable development in its legal services, where appropriate
  • Distribution of a framework for a Sustainable Development Checklist for Counsel in progress
  • Considerations of adding sustainable development to the client impact statement of the Legal Risk management tool in progress
  • Case study of the procedures developed and implemented for coordination of legal advice on Environmental Assessments
  • Examination of Precautionary Principle in provision of legal advice under review
  • Citizenship and Immigration Law Conference, November 2007 – presentations on the application of SD within immigration policy on migrant workers and the contribution of the Canada Border Services to promoting sustainable communities.
New areas for application of sustainable development will be identified
  • Application of  green procurement policy and environmental standards within Commercial Law practice and advice
  • Exploring the connection between the harmonization of federal legislation with the civil law of the Province of Quebec initiative as a practical application of sustainable development principles
  • Connection between sustainable development and Aboriginal law
Guidelines, learning and practical tools will be identified to support achievement of this goal, along with the relevant existing training tools
  • Distribution of a Framework for a Sustainable Development Checklist for Counsel in progress
  • Sustainable development was one of the themes explored at the Legislative Services Branch Perspective Building Day (02/21/08)
  • Enhancements to SD intranet site centred around the three SDS objectives
  • SD is a component of a compulsory management training and three DOJ staff attended the CSPS one-day course on sustainable development.
A survey will be conducted to establish the baseline for raising awareness and knowledge of sustainable development among staff and to identify training needs
  • A department-wide online survey was completed for the end of the fiscal year.  The environment was identified as the number one priority, requiring more efforts in supporting recycling, public transit or carpooling, better user education on reducing printing. Energy consumption and waste management were top of mind. Better than 55% of employees felt that SD was relevant to their work.

2. Incorporate sustainable development principles and practices into the Department’s policy and program operations


Department’s Expected Results
for 2007-2008
Achieved SDS Departmental Results for 2007-2008
A minimum of 5 case studies and/or best practices will be developed to demonstrate clear link to sustainable development
  • A process was established to select and document, in a systematic fashion, key examples of Best Practices that link the department’s policies or programs to sustainable development, with an emphasis on the social dimension of sustainable development.  
  • Some key examples of Best Practices were identified and work was begun to document them.
Areas where sustainable development can be applied more rigorously will be identified
  • An assessment of actions to be undertaken to implement sustainable development in relation to policy and program work was conducted (examples include a sustainable development checklist for policy and program development; integration of sustainable development into the department’s policy structures, etc.).
  • An internal working group developed an interpretation of sustainable development for use in the context of departmental policy and program work.
  • The department’s Policy Committee, Policy Committee Working Group and Policy Cycle were identified as key mechanisms through which to apply sustainable development more rigorously in policy and program work.
  • Sustainable development was taken into consideration in foresight, “access to justice” and emerging issues discussions involving the department’s policy community – for instance by considering the sustainability of the justice system as a factor for evaluating possible future policy initiatives.  
Full compliance will be achieved with the Cabinet Strategic Environmental Assessment Directive
  • All MCs and TB submissions are subject to a preliminary scan in compliance with the Strategic Environmental Assessment (SEA) Directive and documents acknowledge this requirement.  sustainable development.
Policy research capacity will be enhanced to address sustainable development issues impacts on the Department’s work
  • A process for systematically building sustainable development into the department’s policy research capacity was identified - specifically to integrate sustainable development into the formal Research Review Committee process applied in the department. This will entail a revision to the formal template and protocol for evaluating research proposals with a SD lens.
SD activities will be re-grouped and linked to the Department’s Program Activity Architecture
  • This activity was not pursued because it is not aligned with Government standards for Program Activity Architecture.
Legal risk management will be linked to sustainable development
  • Analysis begun of the appropriateness of including sustainable development considerations in the assessment of client impact.
Sustainable development will be integrated into our corporate priorities
  • Analysis begun of how sustainable development can be integrated into departmental business planning and management performance agreements
Processes and systems will be developed to monitor progress of sustainable development activities
  • The SD Working Group established by the Policy Committee Working Group provided leadership with respect to the application of sustainable development in the context of policy and program work.
  • Consultations within the Policy Sector resulted in a work plan which serves as a practical blueprint of activities for the SD Working Group and more broadly.

3. Improve the environmental sustainability of the Department’s physical operations


Department’s Expected Results
for 2007-2008
Achieved SDS Departmental Results for 2007-2008
All areas of significant impact will be identified The following areas were identified:
  • Paper consumption
  • Solid waste management
  • Energy conservation
  • Technology use and funding
  • Green Procurement Policy
A pilot area will be established and measures implemented to reduce environmental impact in one area by 20%
  • The Department is working with PWGSC and building property manager to implement the composting of its paper towels, which represents the bulk of DOJ’s solid waste. 
Double-sided printing will be monitored and increased by 20%
  • Department is moving to double-sided printing as a default setting through user education and IT service agreement.
Paper consumption levels will be monitored and measures will be put in place to reduce consumption by 10%
  • Large litigation case files are increasingly being prepared in electronic form and copied to disk resulting in bulk paper savings.
  • Analysis begun of how to track paper consumption through purchasing data.
Diversion of solid waste will be increased from 78% to 80%
  • Paper towels and battery recycling discussed with Headquarters Office facility manager.
Training will be developed for all appropriate managers on sustainable development practices
  • SD is a component of a compulsory management training  and three DOJ staff attended the CSPS one-day course on sustainable development.
Specific sustainable development targets will be developed and included in senior managers’ performance agreements, including targets on green procurement
  • Analysis begun of how sustainable development can be integrated into departmental business planning and management performance agreements
Specific sustainable development targets will be developed and included in senior managers’ performance agreements, including targets on green procurement
  • Analysis begun of how sustainable development can be integrated into departmental business planning and management performance agreements
Implementation of at least two recommendations from the energy and solid waste audits will be initiated
  • Reuse of surplus office items encouraged through Finance and Administration’s Web inventory
  • Paper reduction campaign through double-sided printing and photocopying promoted through website and corporate newsletter
  • The Information Management Branch has made changes  regarding standards for more energy efficient monitors and the associated renewal period, which were approved by BIT.COM;
  • IMB undertook a comprehensive "Server Virtualisation and Consolidation" initiative, which should reduce the number of servers, and reduce power consumption;
All appropriate staff will have received training on Green Procurement Policy
  • All contract officers provided training on green procurement as part of their contract training
Increase in suppliers offering green products will be monitored
  • Clients will be encouraged to ensure that future supply arrangements and standing offers negotiated by PWGSC with suppliers address desired environmental criteria
Spending data will be assessed and baseline for future purchases established
  • Implementation of Green Procurement Policy is monitored and enforced
  • As part of a redesign of the IM/IT Investment Proposals, information regarding how initiatives support SD objectives was added to the template for all IM/IT investment proposals (ref: new template). The information provided in these proposals was subsequently used in a new investment selection criteria which now takes into consideration SD objectives (ref: new evaluation sheet).
Other
  • IMB has worked towards improving the infrastructure to support tele-working (for example, the implementation of crypto cards, and enhancements to remote access)

The tabling of the current strategy provided renewed impetus to consider how sustainable development might be integrated into the operations of the department.  This resulted in the establishment of a departmental steering committee and departmental networks for each of the three SD objectives.  The SD secretariat was also reorganized to include a legal counsel to focus on the first objective relating to the provision of legal services.

During 2007-08, the Office of the Auditor General conducted an audit of the implementation of the department’s SD strategy.  The audit report and recommendations have had a significant impact on implementation activities, particularly resulting in a review of the strategy itself.  This review has led to the conclusion that, although the strategy is fundamentally sound, there are weaknesses in some of the performance indicators.  The current implementation plans accordingly focus on indicators involving activities that will produce clear results.  Activities related to indicators that cannot be accomplished or are not aligned with the business of the department are not being pursued.



Table 8: Response to Parliamentary Committees and External Audits


Response to Parliamentary Committees

Standing Committee on Public Safety and National Security

- Report 7 (39th Parliament, 1st Session)

Summary:
This report, entitled Rights, Limits, Security: A Comprehensive Review of the Anti-terrorism Act and Related Issues (Adopted by the Committee on March 20th 2007; Presented to the House on March 27th 2007), describes the Committee’s findings and recommendations intended to suggest the changes deemed necessary to improve the Anti-terrorism Act and related legislation.

Recommendation:
Sixty recommendations were put foreword by the Committee.

Response:
The Government responded to these recommendations. The response was presented to the House on July 18th 2007 and is available online via the links below.

Hotlink for English:
http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=10804&Lang=1&SourceId=213371

Hotlink for French: http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=10804&Lang=2&SourceId=213370

Standing Committee on Public Safety and National Security

- Report 9 (39th Parliament, 1st Session)

Summary:
This report, entitled Subject matter of Bill C-279, An Act to amend the DNA Identification Act (establishment of indexes) (Adopted by the Committee on April 26th 2007; Presented to the House on April 30th 2007), states that the Committee in principle fully supports the intention underlying Bill C-279 and believes that the necessary steps must be taken, either by amending the DNA Identification Act or by providing for the establishment of a DNA human remains index and a DNA missing persons index, to help law enforcement agencies to search for and identify persons reported missing.

Recommendation:
The Committee recommends that the Government consider the advisability of bringing in the legislation necessary to establish missing persons indexes after the completion of federal-provincial-territorial discussions on its implementation.

Response:
The Government responded to this recommendation. The response was presented to the House on June 20th 2007 and is available online via the links below.

Hotlink for English:
http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=10804&Lang=1&SourceId=212790

Hotlink for French: http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=10804&Lang=2&SourceId=212792

Standing Committee on Public Safety and National Security

- Report 10 (39th Parliament, 1st Session)

Summary:

This report, entitled Counterfeit Goods in Canada – A Threat to Public Safety (Adopted by the Committee on May 29th 2007; Presented to the House on June 4th 2007), describes the Committee’s findings regarding the effects of counterfeiting and piracy on the Canadian economy.

Recommendation:
Fourteen recommendations were put foreword by the Committee.

Response:
The Government responded to these recommendations. The response was presented to the House on October 17th 2007 and is available online via the links below.

Hotlink for English:
http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=10804&Lang=1&SourceId=215234

Hotlink for French:
http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=10804&Lang=2&SourceId=215235

Standing Committee on the Status of Women

- Report 12 (39th Parliament, 1st Session)

Summary:
This report, entitled Turning Outrage into action to address trafficking for the purpose of sexual exploitation in Canada (Adopted by the Committee on February 13th 2007; Presented to the House on February 27th, 2007), describes the Committee’s study on trafficking of women, the vast majority of whom are trafficked for the purpose of sexual exploitation.

Recommendations:
Thirty three recommendations were put foreword by the Committee.

Response:
The Government responded to these recommendations. The response was presented to the House on June 15th 2007 and is available online via the links below.

Hotlink for English:
http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=10477&Lang=1&SourceId=212908

Hotlink for French: http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=10477&Lang=2&SourceId=212909



Response to the Auditor General (including to the Commissioner of the Environment and Sustainable Development)
Chapter 5 of the May 2007 Report of the Auditor General, entitled Managing the Delivery of Legal Services to Government – Department of Justice Canada, found that DoJ has made progress in the management of litigation risk as well as in the management of legal agents. However, little progress has been made in improving current financial arrangement with client departments, resulting in lack of incentive to control costs and manage the increasing demand for legal services. It was also put forth that DoJ lacks information on its volume of work and the use of staff time, resulting in limited understanding of the cost effectiveness of legal service delivery. http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=13197&Lang=1&SourceId=242780

Six recommendations and subsequent DOJ responses were put forward, as follows:

  • Recommendation 1: Justice Canada should complete its corporate strategic planning and develop strategies to meet its long-term goals.
  • Response: The Department agrees with the recommendation and will continue its efforts to implement planning frameworks and processes to meet its strategic outcomes. The Department created the Office of Strategic Planning and Performance Management in February 2005 to begin to strengthen the Department’s strategic planning and performance management capabilities, including integrated planning and strategic analysis, and performance measurement and reporting for the Department. The Department is also developing a corporate human resources strategy which encompasses the key strategic human resources priorities of the Department as well as other human resources management initiatives in support of government-wide priorities.
  • Recommendation 2: Justice Canada should examine the weaknesses noted in its management of legal agents used for civil work and take corrective action.
  • Response: The Department agrees with the Auditor General’s recommendation. The Department has an action plan to support the continued implementation of improvements to the management of legal agents. This action plan will address the issues raised by the Auditor General.
  • Recommendation 3: In addition to its current management of alternative dispute resolution initiative, Justice Canada should ensure that it clearly defines each initiative’s objectives, estimates the potential cost savings and formally reviews the outcome of initiatives against their objectives.
  • Response: The Department agrees with the Auditor General's recommendation, which is consistent with the recent review of the Department's dispute resolution initiative that has resulted in a new mandate focused on providing services to departments supporting long-term prevention and early resolution of disputes. These client-focused services include systems design, legal advisory support, and training, all of which are linked to the departmental priorities of improving practice management and managing the volume of litigation.
  • Recommendation 4: Justice Canada should define performance measures for its corporate priorities and improve its performance reporting to Parliament.
  • Response: The Department agrees with the Auditor General’s recommendation. The Department will incorporate measures from the Management Accountability Framework completed by the Treasury Board Secretariat into the Departmental Performance Report (DPR). A number of implementations have also taken place in the Report on Plans and Priorities (RPP) the DPR in an effort to improve reporting to Parliament and to the public on initiatives and priorities. Also, as part of its efforts to improve reporting, the Department has implemented a practice whereby a committee of performance measurement specialists within the Department, as well as one external adviser, assess the quality of data used to arrive at management's assessments of the degree to which the Department is achieving its priorities each year. The results of these reviews are reported in the departmental performance report.
  • Recommendation 5: Justice Canada should develop a quality management system or systems for each of its practices to provide senior management with ongoing and reliable assurance that all services meet established minimum quality standards.
  • Response: The Department agrees with the Auditor General’s recommendation and will build on the elements of its quality work recognized by the Office of the Auditor General with a view to having a sound quality management approach.
  • Recommendation 6: Justice Canada needs to make improvements to its resource management. The Department should use information on workload volumes and costs for all of its legal services to better monitor trends, plan, set priorities, manage resources, analyze service delivery options, and identify opportunities for controlling costs; work with client departments to effectively plan, manage, and improve the cost-effectiveness of their financial arrangements with a view to managing demand for legal services and thereby reducing costs; and ensure that a senior manager with the necessary authority leads the improvement of management practices at the Department and oversees implementation of these changes.
  • Response: The Department agrees with the Auditor General’s recommendation. DoJ will continue the work underway to develop approaches to further develop its capacity to use management information to enhance management decisions, and regularize its cost recovery agreements with government departments. The Department is currently working on putting in place an initiative to better coordinate and integrate its law management practices. At the same time, the Department will review its management practices to identify and put in place corporate reports to provide management information to support departmental decision making. Senior management authority, to lead out work on management practices, will be strengthened.

Hotlink for Responses(En): http://www.oag-bvg.gc.ca/internet/English/parl_oag_200705_05_e_17480.html
Hotlink for Responses(Fr): http://www.oag-bvg.gc.ca/internet/Francais/parl_oag_200705_05_f_17480.html



External Audits
(Public Service Commission of Canada or the Office of the Commissioner of Official Languages)
None during the reporting period; no recommendations were received.



Table 9: Internal Audits and Evaluations


Internal Audits (current reporting period)
 Name of Internal Audit
Audit Type
Status
Expected Completion Date
Electronic Link to Report
Public Law Sector
Audit
Completed
November 2007
Not yet published
Fire and Emergency
Audit
Completed
July 2007
Materiel Management
Audit
Completed
June 2007
Departmental Legal Services Unit - Citizenship and Immigration Canada
Audit
Completed
June 2007
Child-centered Family Justice Fund
Audit
Completed
April 2007
Library Services
Audit
Completed
April 2007
Departmental Legal Services Unit - Royal Canadian Mounted Police
Audit
Completed
March 2007
Business Continuity Planning
Audit
Completed
March 2007
Electronic Link to Internal Audits:
http://canada.justice.gc.ca/eng/dept-min/pub/aud-ver/index.html


Evaluations (current reporting period)
Program Activity
Status as of March 31, 2008
Completion Date
Electronic Link to Report
Aboriginal Justice Strategy
A1 – Justice policies, laws and programs
Summative Evaluation
Completed
April 2007
http://www.justice.gc.ca/eng/pi/eval/rep-rap/07/ajs-sja/index.html
Access to Justice in both Official Languages Support Fund
A1 – Justice policies, laws and programs
Summative Evaluation
Completed
May 2007
http://www.justice.gc.ca/eng/pi/eval/rep-rap/07/ajol-fajl/index.html
Public Safety and Anti-Terrorism (PSAT) Initiative
A1 – Justice policies, laws and programs
Summative Evaluation
Completed
June 2007
http://www.justice.gc.ca/eng/pi/eval/rep-rap/07/psat-spat/sum-som/index.html
Aboriginal Courtwork Program
A1 – Justice policies, laws and programs
Formative Evaluation
Completed
August 2007
http://www.justice.gc.ca/eng/pi/eval/rep-rap/07/acw-papa/index.html
The Action Plan for Official Languages Coordination Program
A1 – Justice policies, laws and programs
Summative Evaluation
Completed
October 2007
http://www.justice.gc.ca/eng/pi/eval/rep-rap/07/apol-palo/index.html
Contraventions Act Fund
A1 – Justice policies, laws and programs
Summative Evaluation
Completed
October 2007
http://www.justice.gc.ca/eng/pi/eval/rep-rap/07/caf-fac/index.html
DOJ’s Component of Canada’s Action Plan Against Racism
A1 – Justice policies, laws and programs
Formative Evaluation
In progress
June 2008
Not yet published
The Child-Centred Family Law Strategy
A1 – Justice policies, laws and programs
Summative Evaluation
In progress
June 2008
Not yet published
Aboriginal Courtwork Program A1 – Justice policies, laws and programs Summative Evaluation In progress July 2008 Not yet published
Federal Victims Strategy A1 – Justice policies, laws and programs Summative Evaluation In progress July 2008 Not yet published
Justice Leaders of Tomorrow Program C1 –Internal Services Summative Evaluation In progress July 2008 Not yet published
Legal Risk Management B1 – Services to Government Mid-Term Evaluation In progress November 2008 Not yet published
Nunavut Court of Justice A1 – Justice policies, laws and programs Formative Evaluation of the Pilot In progress December 2008 Not yet published
Unified Family Courts A1 – Justice policies, laws and programs Summative Evaluation In progress January 2009 Not yet published
Crimes Against Humanity and War Crimes Program B1 – Services to Government Summative Evaluation In progress January 2009 Not yet published
Electronic Link to Internal Audits:
http://canada.justice.gc.ca/eng/dept-min/pub/aud-ver/index.html
 



Table 10: Travel Policies


Comparison to the TBS Special Travel Authorities Travel Policy:
The Department of Justice follows the TBS Special Travel Authorities with one exception. The Department imposes further restrictions on the use of business class travel than are provided for under the parameters of the TBS travel policy.

Authority:
In December 1997, an Order in Council (OIC) was issued to direct organizations other than Crown corporations with authority to establish their own policies regarding travel and hospitality expenditures to be guided by the TBS Special Travel Authorities and the Hospitality Policy (see PCO OIC 1997-1810). A letter from the Secretary of the Treasury Board also stated that departments and agencies that have travel policies that differ from those of TBS are directed to publish in their Departmental Performance Reports their established travel policies and report on the resulting additional costs in comparison with TBS travel policies.

Coverage:
The departmental policy on business class travel applies to all managers.

Principal difference(s) in policy provisions:
TBS Special Travel Authority Section 6.7 “Business Class Air” authorizes the use of business class air travel for trips of 850 air kilometres or more one way by the following groups and levels, and above:

outside the National Capital Region: EX-01, LA-2A, PM-MCO 4, GC3 and CGQ3; in the National Capital Region: by EX-02, GX, LA-2B, excluded MD- MOF-4, MD-MSP-3, DS-7A, GC4 and GCQ4 as well as to equivalent senior RCMP and military personnel.

In Justice, the following further restrictions on the use of business class travel by management (EX’s and LA-2B’s and LA-3’s) were introduced in December 2000:

flight must be for a minimum of 3 hours duration and in addition, two of the following criteria are met:

  • employee travels outside his regular hours of work
  • employee works during the flight; and
  • employee must attend an important meeting that day or the following day.

Principal financial implications of the difference(s):
Limiting the use of business class travel lowers the overall travel costs for the Department.

Comparison to the TBS Travel Directive, Rates and Allowances Travel Policy:
The Department of Justice follows the TBS Travel Directive, Rates and Allowances.




Financial Statements For Year Ended March 31, 2007

Management Responsibility for Financial Statements

Responsibility for the integrity and objectivity of the accompanying financial statements for the year ended March 31, 2006 and all information contained in these statements rests with departmental management. These financial statements have been prepared by management in accordance with Treasury Board accounting policies which are consistent with Canadian generally accepted accounting principles for the public sector.

Management is responsible for the integrity and objectivity of the information in these financial statements. Some of the information in the financial statements is based on management’s best estimates and judgment and gives due consideration to materiality. To fulfill its accounting and reporting responsibilities, management maintains a set of accounts that provides a centralized record of the department’s financial transactions. Financial information submitted to the Public Accounts of Canada and included in the department’s Departmental Performance Report is consistent with these financial statements.

Management maintains a system of financial management and internal control designed to provide reasonable assurance that financial information is reliable, that assets are safeguarded and that transactions are in accordance with the Financial Administration Act, are executed in accordance with prescribed regulations, within Parliamentary authorities, and are properly recorded to maintain accountability of Government funds. Management also seeks to ensure the objectivity and integrity of data in its financial statements by careful selection, training and development of qualified staff, by organizational arrangements that provide appropriate divisions of responsibility, and by communication programs aimed at ensuring that regulations, policies, standards and managerial authorities are understood throughout the department.

The financial statements of the department have not been audited.


signed on original signed on original
John H. Sims
Deputy Minister
Ottawa, Canada
Terrance I. McAuley
A/Assistant Deputy Minister, Corporate Services
Senior Financial Officer
 
Date: July 14, 2008

 


Statement of Financial Position (unaudited)

As at March 31
(in dollars)

 


Assets

 
2008
2007
Financial Assets
Receivables (Note 6)
41,240,530
27,811,772
Advances (Note7)
24,275
51,985
Total financial assets
41,264,805
27,863,757
Non-financial assets
Prepaid expenses
103,041
135,834
Tangible capital assets (Note 8)
32,668,131
36,683,852
Total non-financial assets
32,771,172
36,819,686
Total
74,035,977
64,683,443

 


Liabilities and Equity of Canada

Liabilities    
Accounts payable and accrued liabilities (Note 9)
51,466,994
59,352,085
Transfer payments payable
719,988,875
612,001,885
Vacation pay and compensatory leave
15,147,948
17,268,384
Employee severance benefits (Note 10)
73,365,829
83,850,340
Family Law account (Note 12)
3,493,329
3,930,643
Total liabilities
863,462,975
776,403,337
Equity of Canada
(789,426,998)
(711,719,894)
Total
74,035,977
64,683,443

Contingent liabilities (Note 11)
Contractual obligations (Note 13)

The accompanying notes form an integral part of these financial statements.

Statement of Operations (unaudited)

As at March 31
(in dollars)


Expenses (Note 4)

Providing legal advisory and litigation services to government
523,575,103
526,014,088
Developing and implementing programs
369,481,048
360,646,912
Developing policies and laws
45,161,012
41,867,608
Providing prosecution services
-
121,275,989
Total expenses
938,217,163
1,049,804,597

 


Revenues (Note 5)

   
Providing legal advisory, litigation and legislative services to government
214,185,491
155,830,964
Developing policies and laws
8,308,858
7,087,850
Providing prosecution services
-
7,105,336
Total revenues
222,494,349
170,024,150
 
Net cost of operations
715,722,814
879,780,447

The accompanying notes form an integral part of these financial statements

Statement of Equity of Canada (unaudited)

For the year ended March 31
(in dollars)


 
2008
2007
Equity of Canada, beginning of year
(711,719,894)
(540,277,983)
Net cost of operations
(715,722,814)
(879,780,447)
Current year appropriations used (Note 3)
686,162,764
974,223,007
Revenue not available for spending
(8,834,724)
(170,077,588)
Change in net position in the Consolidated Revenue Fund (Note 3)
(124,676,829)
(171,464,895)
Departmental reorganization - transfer of Net assets (Note 14)
19,249,751
-
Services provided without charge by other government departments (Note 15)
66,114,748
75,658,012
Equity of Canada, end of year
(789,426,998)
(711,719,894)

The accompanying notes form an integral part of these financial statements

Statement of Cash Flow (unaudited)

For the year ended March 31
(in dollars)


Operating activities

2008
2007
Net cost of operations
715,722,814
879,780,447
     
Non-cash items    
Amortization of tangible capital assets (Note 8)
(10,569,878)
(11,115,407)
Disposal and transfer of capital assets
(4,976,141)
9,218
Services provided without charge by other government departments (Note 15)
(66,114,748)
(75,658,012)
     
Variations in Statement of Financial Position
Increase (decrease) in accounts receivable and advances
13,401,048
6,038,273
Decrease in prepaid expenses
(32,793)
(22,658)
Increase in liabilities
(87,059,638)
(179,327,922)
Cash used by operating activities
560,370,664
619,703,939
 

Capital investment activities

Acquisitions of tangible capital assets (Note 8)
11,530,298
13,000,181
Proceeds from disposal of tangible capital assets
-
(23,596)
Cash used by capital investment activities
11,530,298
12,976,585
 

Financing activities

Net cash provided by Government Canada
(552,651,211)
632,680,524
Departmental Reorganization (Note 14)
(19,249,751)
-
Cash used by financing activities
(571,900,962)
632,680,524

The accompanying notes form an integral part of these financial statements


Notes to the Financial Statements (unaudited)

1. Authority and objectives

The Department of Justice was created by an Act of Parliament in 1868 to be responsible for the legal affairs of the Government of Canada and to provide legal services to individual departments and agencies. The department’s work reflects the duties of its Minister’s dual role as Attorney General of Canada and as Minister of Justice.

The department conducts its 2 priorities along 3 program activities:

(a) A fair, relevant and accessible justice system that reflects Canadian values

Developing policies and laws
The planning and development of government justice policies dealing with matters within the mandate of the Minister of Justice.

Developing and implementing programs
The design, development and implementation of cost-shared programs and grants and contributions.

(b) A federal government that is supported by effective and responsive legal services

Providing legal advisory and litigation services to government
The provision of legal advisory services to departments and agencies and the supervision, coordination and/or conduct of civil litigation on their behalf.

In prior year, under program activity "Providing Prosecution Services", the department conducted criminal prosecution, including money laundering and drug prosecutions, and regulatory prosecutions such as those related to income tax, the competition law provisions on telemarketing, customs and immigration. Responding to international requests and trans-national crime and working to combat organized crime and terrorism. The Office of the Director of Public Prosecutions took over this activity and operate independently as a department since April 1, 2007.

2. Summary of significant accounting policies

The financial statements have been prepared in accordance with Treasury Board accounting policies which are consistent with Canadian generally accepted accounting principles for the public sector.

The significant accounting policies are as follows:

(a) Parliamentary appropriations
The department is financed by the Government of Canada through Parliamentary appropriations. Appropriations provided to the department do not parallel financial reporting according to generally accepted accounting principles since appropriations are primarily based on cash flow requirements. Consequently, items recognized in the Statement of Operations and the Statement of Financial Position are not necessarily the same as those provided through appropriations from Parliament. (Note 3) provides a high-level reconciliation between the bases of reporting.

(b) Net cash provided by Government
The department operates within the Consolidated Revenue Fund (CRF), which is administered by the Receiver General for Canada. All cash received by the department is deposited to the CRF and all cash disbursements made by the department are paid from the CRF. The net cash provided by Government is the difference between all cash receipts and all cash disbursements including transactions between departments of the federal government.

(c) Change in net position in the Consolidated Revenue Fund
The change in net position in the Consolidated Revenue Fund is the difference between the net cash provided by Government and appropriations used in a year, excluding the amount of non-respendable revenue recorded by the department. It results from timing differences between when a transaction affects appropriations and when it is processed through the CRF.

(d) Revenues

  • Revenues derived from the provision of legal services are recognized in the year services are rendered.
  • Service and administration fees revenues under the Family Law programs are recognized based upon the services provided in the year, such as upon validation of the garnishment application or upon issuance of the divorce clearance certificate;
  • Fines, forfeitures and court costs are recognized upon receipt of payment by the department.

(e) Expenses

  • Grants are recognized in the year in which the conditions for payment are met. In the case of grants which do not form part of an existing program, the expense is recognized when the Government announces a decision to make a non-recurring transfer, provided the enabling legislation or authorization for payment receives parliamentary approval prior to the completion of the financial statements.
  • Contributions are recognized in the year in which the recipient has met the eligibility criteria or fulfilled the terms of a contractual transfer agreement;
  • Vacation pay and compensatory leave are expensed as the benefits accrue to employees under their respective terms of employment;
  • Expenses related to the provision of legal services are limited to those costs borne and settled directly by the department. These legal services may or may not be recovered as revenue from the client department. The cost of legal services which are paid directly by client departments to outsoide suppliers such as Crown agents, are not included in the expenses of the department;
  • Services provided without charge by other government departments for accommodation, the employer’s contribution to the health and dental insurance plans, and worker's compensation costs are recorded as operating expenses at their estimated cost.

(f) Employee future benefits

i. Pension benefits:

Eligible employees participate in the Public Service Pension Plan, a multiemployer plan administered by the Government of Canada. The department's contributions to the Plan are charged to expenses in the year incurred and represent the total departmental obligation to the Plan. Current legislation does not require the department to make contributions for any actuarial deficiencies of the Plan.

ii. Severance benefits:
Employees are entitled to severance benefits under labour contracts or conditions of employment. These benefits are accrued as employees render the services necessary to earn them. The obligation relating to the benefits earned by employees is calculated using information derived from the results of the actuarially determined liability for employee severance benefits for the Government as a whole.

g) Receivables
Receivables are stated at amounts expected to be ultimately realized; a provision is made for receivables where recovery is considered uncertain.

(h) Contingent liabilities

Contingent liabilities are potential liabilities which may become actual liabilities when one or more future events occur or fail to occur. To the extent that the future event is likely to occur or fail to occur, and a reasonable estimate of the loss can be made, an estimated liability is accrued and an expense recorded. If the likelihood is not determinable or an amount cannot be reasonably estimated, the contingency is disclosed in the notes to the financial statements.

(i) Tangible capital assets
All tangible capital assets are recorded at their acquisition cost and amortized over their estimated useful life on a straight-line basis as follows:


Asset class Acquisition cost equal or greater than Amortization period
Office and other equipment $10,000 5 to 8 years
Telecommunications equipment $10,000 4 to 5 years
Informatics hardware $1,000 3 to 5 years
nformatics software $10,000 3 to 5 years
Furniture and furnishings $1,000 10 years
Motor vehicles $10,000 5 years
Leasehold improvements $10,000 Lesser of useful life or term of the lease
Work in progress In accordance with asset class Once in service, in accordance
with asset class

(j) Measurement uncertainty
The preparation of these financial statements in accordance with Treasury Board accounting policies which are consistent with Canadian generally accepted accounting principles for the public sector requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities, revenues and expenses reported in the financial statements. At the time of preparation of these statements, management believes the estimates and assumptions to be reasonable. The most significant items where estimates are used are contingent liabilities, the liability for employee severance benefits and the useful life of tangible capital assets. Actual results could significantly differ from those estimated. Management’s estimates are reviewed periodically and, as adjustments become necessary, they are recorded in the financial statements in the year they become known.

3 Parliamentary appropriations

The department receives most of its funding through annual Parliamentary appropriations. Items recognized in the Statement of Operations and the Statement of Financial Position in one year may be funded through Parliamentary appropriations in prior, current or future years. Accordingly, the department has different net results of operations for the year on a government funding basis than on an accrual accounting basis. The differences are reconciled in the following tables:

(a) Reconciliation of net cost of operations to current year appropriations used


(in dollars)                  2008        2007
                             
Net cost of operations                      
715,722,814
   
879,780,447
                             
Adjustments for items affecting net cost of operations but not affecting appropriations                            
Add (Less)                          
  Receivable from Treasury Board Secretariat for employee benefits    
(3,477,341)
   
3,477,341
  Amortization of tangible capital assets          
(10,569,878)
 
(11,115,407)
Vacation pay and compensatory leave      
(307,319)
   
(610,787)
  Employee severance benefits          
(904,313)
 
(5,573,222)
  Refunds and reversals of previous year expenses    
4,094,975
 
6,528,630
  Bad debt                    
(4,914,938)
 
(4,061,094)
Revenue not available for spending
40,562,844
170,077,588
Services provided without charge by other government departments (Note 15) (66,114,748)
(75,658,012)
  Other                  
573,163
 
(1,600,000)
                     
41,057,555
 
81,465,037
Adjustments for items not affecting net cost of operations but affecting appropriations      
Add (Less)                        
  Acquisitions of tangible capital assets        
11,530,298
 
13,000,181
  Change in prepaid expenses              
(32,793)
 
(22,658)
                     
11,497,505
 
12,977,523
Current year appropriations used          
686,162,764
 
974,223,007

(b) Appropriations provided and used


 (in dollars)      
   2008
   2007

Restated (Note 17)
Vote 1 - Operating expenditures  
298,231,748
591,751,446
         
Vote 5 - Grants and contributions  
380,188,415
364,007,415
           
Statutory Amounts      
55,527,457
72,803,845
           
Less          
Appropriations Available for future years      
(491)
(837)
Voted Authorities lapsed      
(47,784,365)
(54,338,862)
Current year appropriations used  
(686,162,764)
974,223,007
   
(c) Reconciliation of net cash provided by Government to current year appropriations used  
       
   2008
   2007
Net cash provided by Government  
552,651,211
632,680,524
Revenue not available for spending  
40,562,844
170,077,588
Change in net position in the Consolidated Revenue Fund    
Variation in accounts receivable and advances
(13,401,048)
(6,038,273)
Variation in accounts payable and accrued liabilities
100,101,899
170,775,314
Adjustments and refunds of previous year accounts payable
4,094,975
6,528,631
 Other adjustments
2,152,883
199,223
     
92,948,709
171,464,895
Current year appropriations used  
686,162,764
974,223,007

(c) Reconciliation of net cash provided by Government to current year appropriations used

4 Expenses


  (in dollars)            
   2008
   2007
                           
  Operating                        
  Salaries and employee benefits                
455,623,621,
528,753,983
Accommodation                      
38,142,768
43,911,327
  Professional and special services              
35,182,564
65,121,464
  Travel and relocation                    
12,528,008
15,995,105
  Amortization of tangible capital assets              
10,569,878
11,115,407
  Utilities, materials and supplies              
7,923,845
8,779,083
  Communications                    
6,057,339
7,047,811
Bad debt expense                      
4,914,938
4,061,094
  Information                    
4,320,820
5,123,369
  Repairs and maintenance                  
1,848,589
2,435,803
  Rentals                    
1,066,804
1,202,760
Other                      
913,748
1,077,398
  Claims and ex-gratia payments                      
441,911
3,982,429
  Total operating expenses                
579,534,833
698,607,033
                             
  Transfer payments                        
  Provinces and territories                  
325,336,015
329,003,366
  Non-profit institutions and organizations              
25,547,247
15,965,498
  Persons                    
7,360,922
6,053,428
  International organizations          
438,146
175,272
  Total transfer payments                  
358,682,330
351,197,564
                             
  Total expenses                    
938,217,163
1,049,804,597
                             

5 Revenues


  (in dollars)                    
2008
2007
  Services                        
  Legal services                    
214,090,200
161,660,834
  Family Law fees                    
8,047,213
6,807,063
                     
222,137,413
168,467,897
                     
  Other revenues                        
  Fines and forfeitures            
261,442
967,907
  Rent from residential housing provided to employees    
23,440
294,910
  Other                      
72,054
293,436
                         
356,936
1,556,253
                             
                         
222,494,349
170,024,150

 

6. Receivables


(in dollars)
2008
2007
Federal government departments and agencies
Accounts receivable
37,745,968
23,960,098
 
External parties
Family Law
12,737,694
11,261,350
Less: allowance for doubtful accounts
(9,943,899)
(8,897,916)
 
2,793,795
2,363,434
Other receivables
942,007
1,730,348
Less: allowance for doubtful accounts
(241,240)
(242,108)
 
700,767
1,488,240
Total receivables
41,240,530
27,811,772

 

7. Advances


(in dollars)
2008
2007
Standing advances held by employees for travel and petty cash
24,275
28,380
Temporary advances to employees for travel
-
23,605
Total
24,275
51,985

 

8. Tangible capital assets


(in dollars)        
Opening balance
Acquisitions
 
Disposals and transfers
 
Closing balance
Office and other equipment    
573,176
90,965
   
(16,838)
 
647,303
Telecommunications equipment  
1,621,519
1,105,915
   
-
 
2,727,434
Informatics hardware        
18,877,007
3,391,407
   
(1,028,428)
 
21,239,986
Informatics software        
16,260,857
1,126,789
   
518,984
 
17,906,630
Furniture and furnishings      
14,420,163
1,827,230
   
(490,842)
 
15,756,551
Motor vehicles        
156,435
-
   
(56,111)
 
100,234
Leasehold improvements      
15,601,100
830,013
   
(3,573,089)
 
12,858,024
Work in progress - software development  
840,677
2,725,018
   
(609,711)
 
2,955,984
Work in progress - leasehold improvements
2,178,288
432,961
   
(2,269,574)
 
341,675
Total tangible capital assets    
70,529,222
11,530,298
   
(7,525,609)
 
74,533,911
 Accumulated amortization            
   
Opening balance
Current year amortization
 
Disposals and transfers
 
Closing balance
               
(in dollars)            
Office and other equipment    
130,236
76,401
   
-
   
206,637
Telecommunications equipment  
940,233
431,385
   
-
   
1,371,618
Informatics hardware        
10,841,574
3,758,887
   
(471,457)
   
14,129,004
Informatics software        
9,527,152
3,035,333
   
(66,625)
   
12,495,860
Furniture and furnishings      
5,008,090
1,463,696
   
(152,519)
   
6,319,267
Motor vehicles        
106,632
5,905
   
(28,751)
   
83,786
Leasehold improvements      
7,291,453
1,798,271
   
(1,830,116)
   
7,259,608
Total accumulated amortization  
33,845,370
10,569,878
 
(2,549,468)
 
41,865,780
  Net book value          
           
       
  
    
   
(in dollars)              
2008
 
2007
     
Office and other equipment    
440,666
 
442,940
     
Telecommunications equipment  
1,355,816
 
681,286
     
Informatics hardware        
7,110,982
 
8,035,433
     
Informatics software        
5,410,770
 
6,733,705
     
Furniture and furnishings      
9,437,284
 
9,412,073
     
Motor vehicles        
16,538
 
49,803
     
Leasehold improvements      
5,598,416
 
8,309,647
     
Work in progress - software development  
2,955,984
 
840,677
     
Work in progress - leasehold improvements
341,675
 
2,178,288
     
Total net book value          
32,668,131
 
36,683,852
     
                               
Amortization expense for the year ended March 31, 2008 is $10,569,878 ($11,115,407 in 2006-07).      
                               

9. Accounts payable and accrued liabilities


(in dollars)
2008
2007
Federal government departments and agencies
Accounts payable
4,751,248
3,882,374
 
External parties    
Accounts payable
34,850,964
43,042,988
Accrued salaries
10,839,782
10,626,723
Other liabilities
1,025,000
1,800,000
 
46,715,746
55,469,711
Total
51,466,994
59,352,085

10. Employee benefits

(a) Pension benefits

The department's employees participate in the Public Service Pension Plan, which is sponsored and administered by the Government of Canada. Pension benefits accrue up to a maximum period of 35 years at a rate of 2 percent per year of pensionable service, times the average of the best five consecutive years of earnings. The benefits are integrated with Canada/Quebec Pension Plans benefits and they are indexed to inflation.

Both the employees and the department contribute to the cost of the Plan. The expense presented below represents approximately 2.1 times (2.2 in 2006-07) the contributions by employees.


(in dollars)
2008
2007
Pension expense
40,405,024
53,534,084

The department's responsibility with regard to the Plan is limited to its contributions. Actuarial surpluses or deficiencies are recognized in the financial statements of the Government of Canada, as the Plan's sponsor.

(b) Severance benefits

The department provides severance benefits to its employees based on eligibility, years of service and final salary. These severance benefits are not pre-funded. Benefits will be paid from future appropriations. Information about the severance benefits, measured as at March 31, is as follows:


(in dollars)
2008
2007
Accrued benefit obligation, beginning of year
83,850,340
78,277,118
Expense for the year
5,051,222
8,828,166
Benefits paid during the year
(4,146,909)
(3,254,944)
Departmental reorganization
(11,388,824)
-
Accrued benefit obligation, end of year
73,365,829
83,850,340

11.Continent liabilities

Claims and litigation
Claims have been made against the department in the normal course of operations. Legal proceedings for claims totalling approximately $1,021,471,000 were still pending at March 31, 2008 ($20,318,000 in 2006-07). Some of these potential liabilities may become actual liabilities when one or more future events occur or fail to occur. To the extent that the future event is likely to occur or fail to occur, and a reasonable estimate of the loss can be made, an estimated liability is accrued and an expense recorded in the financial statements.

12. Family Law account

Under the Family Orders and Agreements Enforcement Assistance Act, the department assists provinces and territories in the enforcement of family support orders and agreements by providing garnishment assistance through the interception of designated federal moneys payable to individuals owing family financial support.  These intercepted moneys are deposited into the Family Law account from which payments to the provinces and territories are then made.  The provinces and territories distribute these payments (consisting of garnisheed moneys such as income tax refunds, employment insurance benefits, etc.) to the beneficiaries.


(in dollars)
2008
2007
Family Law account, beginning of year
3,930,643
1,562,044
Receipts
125,115,051
122,126,685
Payments
(125,552,365)
(119,758,085)
Closing balance
3,493,329
3,930,643

13. Contractual obligations

The nature of the department's activities results in some large multi-year contracts and obligations whereby the department will be obligated to make future payments when the services and/or goods are received.

Significant contractual obligations that can be reasonably estimated are summarized as follows:


(in dollars)
2008-2009
2009-10
2010-11
2011-12
2012-13 and thereafter
Transfer payments
280,300,000
177,400,000
177,000,000
2,800,000
2,800,000

14. Departmental reorganization

On December 12, 2006, the Office of the Director of Public Prosecutions was created as part of the Federal Accountability Act. This Office takes over the duties of the former Federal Prosecution Services within the Department of Justice and will operate independently of the department effective April 1, 2007.

The condensed assets and liabilities transferred from the Department of Justice Canada to the Office of the Director of Public Prosecutions effective April 1, 2007 are as follows:


(in dollars)
2007
Statement of Financial Position
Assets
7,634,145
Liabilities
26,883,896
Net liabilities for transfer
19,249,751

The condensed operating results of the transferred operations for the year ended March 31, 2007 were as follows:


(in dollars)
2007
Statement of Operations
Revenues
7,105,336
Expenses
121,275,989
Net cost of operations
 114,170,653

15. Related party transactions

The department is related as a result of common ownership to all Government of Canada departments, agencies, and Crown corporations.  The department enters into transactions with these entities in the normal course of business and on normal trade terms. 

Also, during the year, the department received without charge from other departments, accomodation, the employer's contribution to the health and dental insurance plans, and workers' compensation coverage.  These services without charge have been recognized in the department's Statement of Operations as follows:


(in dollars)
2008
2007 
Accommodation provided by Public Works and Government Services Canada
37,696,785
42,888,888
Employer's contributions to the health and dental insurance plans paid by
Treasury Board Secretariat
28,343,387
32,691,882
Workers’ compensation coverage provided by Human Resources and Social
Development Canada
74,576
77,242
 
 
 
Total
  66,114,748
  75,658,012

The Government has structured some of its administrative activities for efficiency and cost-effectiveness purposes so that one department performs these on behalf of all without charge.  The cost of these services, which include payroll and cheque issuance services provided by Public Works and Government Services Canada, are not included as an expense in the department's Statement of Operations. 

In addition, the Department of Justice has provided legal services without charge to other government departments throughout the fiscal year for a total amount of $187,595,419 ($188,672,338 in 2006-2007).