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Section I –Departmental Overview
A. Message from the Registrar
As this Performance Report will show, the Office of the Registrar has met its goals and objectives for the period under review. Its stable mission from year to year allows it to remain focused on the tasks at hand in order to provide Canadians with the quality of services expected from the highest court in the country. This is accomplished thanks to the ongoing efforts and steadfastness of its dedicated staff.
Cases were managed efficiently, as the statistical information contained in this report underlines. That activity is at the heart of the mandate of the Office of the Registrar and requires constant attention. It includes monitoring the effectiveness of, and compliance with, the Rules of the Supreme Court of Canada, assisting self represented litigants with improved tools and guidelines, maintaining case records, managing motions and hearings, providing expert research services and legal analysis for the judges, supporting the preparation of bilingual reasons for judgments and publishing them on paper and on line. Given the important role of the Court, the Canadian public, the media, and the legal profession take a great interest in all the Court's activities. Feedback has been very positive.
As a result of the modernization of the courtroom completed in 2008-09, no hearings were disrupted due to technical failures in 2008-09. The Supreme Court of Canada can proudly showcase one of the most technologically-advanced and user-focused courtrooms in the country, if not in the world. It allows for improved access to the Court by providing better sound, wireless connections and digital documents in the courtroom, as well as broadcast-quality digital recordings of the hearings. All this has been done with a view to better serving the public, the litigants and the judges in a modern and functional environment. The success of the modernization initiative is due to the hard work of all the staff of the Court and to a great team effort, encompassing all the activities of the institution: from contracting to accommodation, from systems development to translation.
There were two notable changes during the reporting period: (a) the appointment of Mr. Justice Thomas A. Cromwell as a new puisne judge of the Court; and (b) my appointment as Registrar on 23 January 2009 to replace Anne Roland, who retired in 2008, following 18 years of service in that position and 32 years of service to the Court in total.
Since I only took office on 2 March 2009, I wish to emphasize that I had very little involvement in the Court’s activities during the reporting period. All the credit belongs to my predecessor and the entire Court staff. I also wish to thank them for their assistance and guidance since taking on my new duties.
The original version was signed by
Roger Bilodeau, Q.C.
Registrar
B. Raison d’être
As Canada’s final court of appeal, the Supreme Court of Canada serves Canadians by leading the development of common and civil law through its decisions on questions of public importance. The mandate of the Supreme Court of Canada is to have and exercise an appellate, civil and criminal jurisdiction within and throughout Canada, which it meets by hearing and deciding cases of public importance. In accordance with the Supreme Court Act, the Supreme Court of Canada consists of the Chief Justice and eight Puisne Judges.
The Office of the Registrar of the Supreme Court of Canada provides the full gamut of services which the Court needs in order to hear cases and render decisions. It also serves as the interface between the litigants and the Court. The focus of this report is on the Office of the Registrar of the Supreme Court of Canada.
More detailed information on the Court’s responsibilities, the hearing process and judgments is available on the Internet (http://www.scc-csc.gc.ca).
C. Responsibilities
The Supreme Court of Canada (SCC) is comprised of the Chief Justice and eight Puisne Judges, all of whom are appointed by the Governor in Council. It is the highest Court in Canada and one of its most important national institutions. It hears appeals from the decisions of the courts of appeal of the provinces and territories, as well as from the Federal Court of Appeal. In addition, the Court is required to give its opinion on any question referred to it by the Governor in Council. The importance of the decisions of the Court in Canadian society is well established. The Court assures uniformity, consistency and correctness in the articulation, development and interpretation of legal principles throughout the Canadian judicial system. Its jurisdiction is derived from the Supreme Court Act and other relevant statutes, such as the Criminal Code.
The Registrar is also a Governor in Council appointee. Subject to the direction of the Chief Justice, the Registrar heads the Office of the Registrar of the Supreme Court of Canada. The organization of the Office of the Registrar is depicted in the following diagram and further explained in the paragraphs that follow.
Executive Services: Appointed by the Governor in Council, the Registrar is the Deputy Head of the Court, is subject to the direction of the Chief Justice and exercises quasi-judicial powers. The Registrar’s Office provides executive services to the chambers of the nine Judges, the office of the Executive Legal Officer, the law clerk program, as well as for visits by various dignitaries.
Court Operations Sector: The Deputy Registrar, also a Governor in Council appointee, oversees the work of the Court Operations Sector, which includes the Registry Branch and the Law Branch. Public information services, including the management of the Court's Public Tour Program, are also provided by staff in the Deputy Registrar's Office.
Library and Information Services Sector: Library and Information Services are provided by the Court’s Library and Information Management/Technology branches. Sector services are designed primarily to serve the Court and its business units, and through them litigants, the media and the public. These responsibilities extend to the corporate level where this sector is charged with ensuring that the management of the Court's information meets legislative and other requirements established by the federal government’s central agencies.
Corporate Services Sector: Administrative support to the Judges and Court staff is provided by the Corporate Services Sector, which is responsible for accommodation, telecommunications, health and safety, finance, procurement, human resources, administration, security and strategic planning.
D. Strategic Outcome and Program Activity Architecture
The Program Activity Architecture (PAA) diagram below illustrates the Office of the Registrar’s framework of program activities and sub-activities. This structure allows the Office of the Registrar to effectively pursue its mandate and to contribute to its strategic outcome.
E. Performance Summary
The 2008-09 Financial Resources table shows how Parliament approved resources and also shows the changes in resources
derived from supplementary estimates and other authorities, as well as how funds were spent. The 2008-09 Human Resources
table displays the planned and actual full-time equivalents employed by the Office of the Registrar to support the Court's
activities.
| Planned Spending | Total Authorities | Actual Spending |
|---|---|---|
| 29.1 | 31.5 | 29.9 |
| Planned | Actual | Difference |
|---|---|---|
| 193 | 207 | 14 |
The increase in full-time equivalents is largely attributable to several change initiatives such as the courtroom modernization project, increased external reporting requirements and capacity building activities. As new technologies and business processes were put in place, there was also a need for new specialized resources, mainly in the information technology and information management areas.
| Performance Indicators | Targets | 2008-09 Performance |
|---|---|---|
| Level of satisfaction among judges regarding quality of service | Annual interviews with Judges Target: "Satisfied" level |
Target met. The Registrar - as well as other senior staff - regularly confer with the Judges to assess their level of satisfaction regarding the quality and timeliness of professional and administrative services provided to them by Court staff. Feedback has generally been very positive. In particular, judges have expressed overall satisfaction with the recent modernization of the courtroom, in particular the Webcasting of court hearings. As well, judges have expressed great satisfaction with the judgment preparation process. |
| Level of satisfaction among lawyers regarding quality of service | Annual interviews with lawyers' committees Target: "Satisfied" level |
Target met. Feedback from counsel via the SCC/Canadian Bar Association Liaison Committee (annual meeting held on May 11, 2009) was very positive. Counsel highlighted the Bar's appreciation for the opportunity to have input into the development of the Court's Policy for Access to Court Records and resolving operational issues that had arisen with the Courtroom videoconferencing system. The members of the Bar indicated that the opportunities for exchange and cooperation with the judges and staff of the Court were very beneficial to counsel seeking access to and appearing before the Court. |
| Program Activity | 2007-08 Actual Spending |
2008-09 | Alignment to Government of Canada Outcomes | |||
|---|---|---|---|---|---|---|
| Main Estimates |
Planned Spending |
Total Authorities |
Actual Spending |
|||
| Process hearings and decisions | 30.7 | 29.1 | 29.1 | 31.5 | 29.9 | Government Affairs1 |
| Total | 30.7 | 29.1 | 29.1 | 31.5 | 29.9 | |
The total authorities ($31.5 million) provided to the Supreme Court of Canada exceeded the planned spending ($29.1 million) by $2.4 million. That difference was mainly due to compensation adjustments received ($1.4 million) as well as the operating budget carry-forward from fiscal year 2007-08 ($1 million).
(1The Supreme Court of Canada stands at the apex of the Canadian judicial system, and as such is a fundamental component of the Canadian government and its institutions.)
Contribution of Priorities to Strategic Outcome
The Office of the Registrar had one operational priority and one management priority for the reporting period.
| Operational Priorities |
Type | Status | Links to Strategic Outcome(s) |
|---|---|---|---|
| Court Modermization |
Previously committed to | Succesfully met | To provide the best decision-making environment for the Supreme Court |
Summary of Achievements:
a) Courtroom Modernization
The modernization of the courtroom itself commenced in 2006-07 and was completed in 2008-09 as planned.
Introduction of a new digital audio-visual system: The Court upgraded its audio-visual technologies, replacing an older and inadequate system. The new system now meets cutting edge standards for optimal broadcasting and digital recording. Focus was put on the redundancy and sustainability of systems, ensuring a minimal risk of disrupting the hearing process. This upgrade enabled the introduction of Webcasting of SCC proceedings in February 2009, provided a better image quality, improved translation outputs, and allowed for the Courtroom environment to be ready for closed captioning. New digital audio-visual technologies also provide benefits at the corporate level in that videoconferencing technology can now be used in support of general SCC operations.
Introduction of IT systems: Information technology was also introduced in the SCC Courtroom to support the use of electronic documents in Court cases. This applies to Judges, Counsel, Law Clerks, Court clerks and the media, and includes new laptops, embedded in the furniture where appropriate; the availability of wireless internet access via an access point controlled by the SCC (both in the Courtroom and in the Media Room); the implementation of a secure, dedicated network for the Courtroom; the deployment of an instant messaging function for Judges and the Court's staff; the development and implementation of a public document display software available in the Courtroom and the Media Room (referred to as the Courtroom Documents Display Tool (CDDT)); and the provision of a research capacity via a secure connection for Judges and Law Clerks.
b) Development of an electronic document and records management system (EDRMS)
The implementation of the EDRMS began in 2007-08 with completion planned for March 31, 2010.
Enterprise implementation of information management technology tools (C-Doc): The Court deployed a flexible technology framework that supports a multitude of document management, collaboration and workflow support needs for the SCC (Court Operations and administrative documents) while providing value for money. The initial release took place in 2008-09 and will continue over 2009-10. Via this implementation, the Court has maximized efficiencies through revised business processes that optimize new technology features; implemented a foundation for the provision of multiple access points from different information services across operations and perspectives (Web Services); ensured support for the expansion of the SCC E-filing program; built upon a sound information infrastructure (policies, procedures, standards, network and systems) to ensure information and data integrity and sustainability; as well as having maximized integration opportunities between existing and future systems and applications.
c) Development of a capability to accept electronic case files via a web portal
The Court decided to postpone (was planned for March 31, 2010) the development of a web-based portal allowing for direct electronic filings with the Court until after the full implementation of the electronic document and records management system (EDRMS). However, new guidelines, document standards, and internal processes and procedures were developed and implemented to allow for the mandatory filing on CD-ROM of electronic versions of notices of appeal, factums, records and books of authorities by parties to an appeal at the Court. These electronic documents which have become very important and integral to the work of the Court are available to everyone in the Court at their desktops, and accessible during hearings with the introduction of information technology in the SCC courtroom. With a sound information infrastructure in place, the Court looks forward to exploring how it can leverage the web and other tools in an effort to continue to offer modern alternatives to traditional filing.
| Management Priorities | Type | Status | Links to Strategic Outcome |
|---|---|---|---|
| Build Capacity | Previously committed to | Mostly met | To provide the best decision-making environment for the Supreme Court |
Summary of Achievements:
a) Improvements to the staffing strategy
Significant improvements were made to the staffing strategy by identifying recruitment challenges and proposed strategies to address them. The proposed strategies were effective and a number of specialized positions that have limited candidate pools were successfully staffed. The strategies included collective staffing and sharing candidate pools with other similar size organizations with similar needs. For example, the Supreme Court of Canada Library concluded a Memorandum of Understanding with four departmental law libraries (Courts Administration Service, Justice Canada, Foreign Affairs and International Trade Canada and Public Safety Canada) which included cooperative staffing in the area of library services, where a shortage of qualified professionals makes recruitment difficult. All staffing in these five law libraries is intended to take the needs of all the partners into consideration, to decrease hiring delays and to create a pool of qualified candidates.
b) Recruitment and Retention strategies
The senior management committee held an important exercise to determine the Court's organizational needs in terms of employee retention. This exercise consisted of identifying program requirements to improve employee retention. The outcome of this exercise was the following:
- Targeted recruitment: Ensure staffing decisions result in hiring candidates who are the right fit for the organization. For example, jurilinguist positions are highly specialized and are difficult to staff. In order to find the right fit, advertisements were posted in professional association newsletters as well as in the traditional publications. This resulted in the successful hiring of a candidate for a jurilinguist position.
- Improved orientation program: Ensure new recruits thoroughly understand the workplace and job at the onset of their employment.
- Exit interviews: Conduct meaningful exit interviews to assess the reasons why employees are leaving the organization.
- Learning and development: Continue to promote learning by employees and to provide them with opportunities for development; provide managers with additional human resources training in areas such as labour relations, staffing, and classifications.
In appropriate circumstances, we also make use of telework and flexible work arrangements to facilitate work/life balance for staff members.
c) Learning Management Framework
A number of activities to strengthen the management of learning activities within the organization were successfully implemented. These activities included the training of a number of managers on their role in managing learning as well as the use of standardized learning plans for all employees. While the senior management committee had aimed for a 100% completion rate, a 89% completion rate was achieved. As part of the HR Co-op and supported by the Canada School of Public Service, the organization also concluded a project that would see the five small HR Co-op organizations use a common learning management framework. Although the results were not fully as intended, each organization benefited from this project, in particular the use of common learning initiatives and tools. More information is provided below in Section II, Lessons Learned.
F. Risk Analysis
The environment within which the Office of the Registrar must carry out its activities is continually evolving. The major factors affecting the Court’s activities are detailed below.
First, to counter ongoing various pressures placed on the Court to update its facilities, systems and services, the Office of the Registrar’s focus during the last three years has been on modernizing the courtroom and on enhancing electronic access to the Court for litigants and the public. Major technological changes have now been instituted and the Office of the Registrar is solidifying and leveraging these new technologies by ensuring that work processes are adapted to the new technological environment.
Second, there has been a need for continued focus on the electronic exchange of information between or from the Judges, counsel and the public. The public has become more technologically savvy and more comfortable using electronic tools to carry out a wide variety of functions. Consistent with this broad trend, the public expects to be able to use electronic tools to interact with the Office of the Registrar’s systems to obtain information and appropriate legal documentation. Judges and counsel are increasingly preparing their cases using electronic documents and require access to these documents electronically, including during hearings. Counsel are demanding the ability to use electronic information and technology while presenting their cases. Meanwhile, the number of electronic documents and judgments from the lower courts is increasing. While the Office of the Registrar has moved toward a greater electronic acceptance and processing of cases (all main appeal documents are now filed electronically), the requirement for paper-based processes continues and will continue for some time. As a result, parallel streams (paper and electronic) of case and information processing is still required. The courtroom modernization project created additional pressure to bridge the paper and electronic streams while maintaining both formats. The focus is now shifting to business transformation and change management. Furthermore, to meet the need to obtain information and legal material in electronic format, the Supreme Court of Canada, in cooperation with LexUM, digitized and added to the SCC Judgments website all Supreme Court decisions which were previously published in the Supreme Court Reports, dating back to 1948. As well, all published judgments since 1876 from cases which were appealed to the SCC from the British Columbia Court of Appeal were added to the database, courtesy of CanLII and the Law Foundation of BC. The free access to judgments dating back to 1948 on the web is one way the Supreme Court of Canada celebrated the 60th anniversary of Canada's full judicial independence from the United Kingdom, while extending access to legal information in electronic format.
Third, factors such as globalization and the growing influence of privacy, national security, and human rights issues continue to increase the complexity of cases being heard. More complicated motions are also being filed, and the Court is frequently asked to deal with cases or issue rulings on an expedited basis. In addition, a growing number of applications for leave to appeal are being received from self represented litigants (24% of applications in 2008). Addressing the needs of self represented litigants causes additional pressure on the resources of the Court.
Fourth, the workload of the Office of the Registrar in terms of caseload has been very stable over the last decade (an average of 82 appeals heard and 590 leave applications per year), although there can be unexplainable fluctuations from year to year. There were 546 new cases filed in 2008 (528 applications for leave and 18 appeals as of right), and 82 appeals heard. Our projections are that 2009 will be a lighter than an average year. We estimate 540 leave applications and 10 appeals as of right will be filed. We project that 75 appeals will be heard in 2009.
Finally, an ongoing challenge faced by the Office of the Registrar is one that is shared by many smaller organizations, that is the struggle to maintain operations and address specific challenges while complying with the same expectations and requirements (e.g. reporting) established by government's central agencies as are demanded of larger, more resourced departments or institutions.
G. Expenditure Profile
The Office of the Registrar's actual spending for 2008-09 was $29.9 million. As illustrated in the diagram, there was a slight increase in total approved funding, mainly to address the courtroom modernization project from 2006-2007 to 2008-2009. That project was completed in 2008-2009 and planned spending for the next three years should remain stable.