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Section II – Analysis of Program Activities by Strategic Outcome

A. Strategic Outcome

To Provide the best decision-making environment for the Supreme Court

 

B. Program Activity and Sub-Activities


Program Activity: Process hearings and decisions
2008-09 Financial Resources
($ millions)
2008-09 Human Resources
(FTEs)
Planned
Spending
Total
Authorities
Actual
Spending
Planned Actual Difference
29.1 31.5 29.9 193 207 14


Expected
Results
Performance
Indicators
Targets Performance
Status
Performance
Summary
Cases processed without delay • Number of months between filing of application for leave and decision on application for leave 14 weeks Met all Leave applications were decided, on average, fourteen weeks after filing.
• Number of months between hearing and judgment

6 months

Exceeded

Judgments were rendered, on average, 4.8 months after hearing.

Sub-Activity 1: Management of Court Cases
Access to Court services and information • % of lawyers and unrepresented litigants that were "satisfied" or "very satisfied" with Registry services 95% Exceeded 99.4% of comment cards were rated at "satisfied" and above.
Courtroom systems reliability • Number of hearing disruptions for technical reasons per year 0 Met all As a result of the modernization of the audio-visual systems in the Courtroom, there was no disruption of hearings due to technical failures in 2008-09.
Expected
Results
Performance
Indicators
Targets Performance Status Performance
Summary
Sub-Activity 2: Library Services
Access to reference information

• % of factual/ bibliographic requests for reference assistance responded to within service standard of 1 working day

95%

 

 

Met all

The Library conducted two month long samples of user satisfaction. In April 2008 and December 2008, an email survey was administered to all internal users who had submitted requests for complex/substantive research to the Library. Specifically users were asked 5 questions : Did you receive the required information? Was it useful to your work? Was it received on time? Did library staff save you time? Would you have any additional comments to add? Results were compiled in two separate reports. Turnaround time within service standards was met 95% of the time for complex requests, while 100% of users indicated that they were "very satisfied" with the level of service received from the library staff. The Library met turnaround time targets for factual and bibliographic requests 100% of the time. However, these statistics are based on a relatively small sampling of users. A more formal survey of all staff is planned for 2011.
• % of complex/ substantive requests for reference assistance responded to by date required by client 95% Met all
• % of users that were "satisfied" or "very satisfied" with library services 95% Met all
Sub-Activity 3: Process Payments to the Supreme Court Pursuant to the Judges Act
Timely and accurate processing of payments

• % of payments processed within service standards

95%

Somewhat met

The SCC achieved a level of 77% for the processing of payments pursuant to the Judges Act within the service standard of 5 days. This was the first year that such payments were tracked for timeliness. Although improvement is needed and we will strive to achieve our target of 95%, it is important to note that the Finance Branch experienced staff shortages in 2008-09 which resulted in some delays in the processing of claims.
• % of errors on payments 2% Unable to assess Although the error rate appears to be minimal based on the feedback received from the Judges' chambers, the SCC will be conducting a file review in 2009-10 in order to assess the accuracy of payments to judges pursuant to the Judges Act. Until the review is complete, we are unable to formally assess whether the target of 2% has been met or not.

C. Benefits for Canadians

The Supreme Court of Canada is Canada’s highest court of law. It is the final general court of appeal, the last judicial resort for all litigants, whether individuals or governments. The 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. Because of this position, the strategic outcome of the Office of the Registrar of the Supreme Court of Canada - “to provide the best decision-making environment for the Supreme Court” - contributes to the Government Affairs outcome area of the federal government.

D. Performance Analysis

Cases processed without delay

The Office of the Registrar maintains monthly statistics on the Court's caseload, backlog and average time lapses between key events in a case's history. It also produces a public annual statistical report which can be found at http://www.scc-csc.gc.ca.


Average Time Lapses (in months) 1998 1999 2000 2001 2002
Between filing of application for leave and decision on application for leave 3.9 5.2 5.4 4.3 5.7
Between date leave granted (or date notice of appeal as of right filed) and hearing 12 11.1 12.5 11.4 12.2
Between hearing and judgment 2.8 5.4 5.8 5.6 5.6


Average Time Lapses (in months) 2003 2004 2005 2006 2007 2008
Between filing of application for leave and decision on application for leave 3.9 3.7 3.7 3.4 3.5 3.2
Between date leave granted (or date notice of appeal as of right filed) and hearing 10.5 9.4 9.1 7.7 9 9
Between hearing and judgment 5.1 4 5.2 5.9 6.6 4.8

 

In 2008, the average time lapses for all categories were lower than the 2007 time lapses. Leave applications were decided 3.2 months after filing, appeals were heard just under nine months from the date leave was granted or a notice of appeal as of right was filed and judgments were rendered within 5 months of the hearing of the appeal. In part, the decreased time lapses are due to the efforts made to dispose of as many cases as possible prior to the retirement of the Hon. Mr. Justice Bastarache. Another factor is the increased availability of electronically filed documents, brought about as a result of the Court modernization program. E-filing enables Court staff to process cases more efficiently. For example, the appeal in BCE Inc. v. 1976 Debentureholders, 2008 SCC 69 was heard and decided three weeks after the initial filing of the leave application. This would not have been possible without electronically filed documents.

Access to Court services and information

Clients attending the Registry are encouraged to fill out a comment card in regard to their satisfaction of various services offered and with respect to staff. Some clients attend to pick up judgments or review a case file, but most will come to the Registry to file documents or obtain information about bringing a proceeding before the Supreme Court of Canada. Thus, the Registry staff need to provide timely, accurate and easily understood information, especially to self represented litigants, to ensure that all of its clients have the necessary and appropriate information. Although very few comment cards were received in 2008-09, 99.4% were rated at "satisfied" and above. The comment cards reflect very positive performance in areas such as timely service, staff professionalism and overall level of satisfaction. Additional comments emphasize staff friendliness and helpful assistance.

General enquiries and requests for information by the public are increasing, resulting from a better-informed and more demanding public, as well as from the captivating issues debated in Court cases. In 2008, the Court Records staff responded to a total of 3,203 requests from internal and external clients for information on Court related files and documents. A total of 10,466 files or parts thereof were retrieved for these clients. Through improved statistical reports, Court Records is now able to monitor service standards. Over 97% of external requests were dealt with within the established service standard of 48 hours. Phone calls at the Registry were also answered within established service levels by the receptionist. A new telephone answering system allows callers to choose their option for service and all calls to the Registry were returned within one business day.

All self represented litigants who contact the Court were provided with an information and instruction guide that includes samples of fill-in-the-blank applications for leave, response and reply books that a self represented litigant can complete and file with the Court. If a self represented litigant has access to the internet, he/she is referred to the Supreme Court of Canada website where they can access an information portal that allows them to download the PDF versions of the sample books. The uptake has been significant, with at least 33% of self represented litigants using the samples in 2008. In 2008, the Registry Branch sent 334 letters to self represented litigants; 101 of them included information kits to help them prepare an application for leave to appeal.

Percentage of leave applications filed by self represented litigants


Years

Leave applications
filed by all
litigants

Leave applications
filed by self represented litigants

% filed
by self
represented litigants

1999 585 111 19%
2000 642 117 18%
2001 621 117 19%
2002 523 106 20%
2003 550 92 17%
2004 568 114 20%
2005 544 103 19%
2006 506 115 23%
2007 602 149 25%
2008 529 128 24%

As part of the recent Court modernization program, the Court has developed a policy for access to case file records. Pursuant to this policy, factums are posted on the Court's website and appeal hearings are webcast. The internet has also been used to simplify and expedite the process for the public, counsel and the media to obtain permission to use video footage of SCC proceedings and digital photographs of the Court and judges. These enhancements to the website have been favourably received.

Library collection

With approximately 350,000 volumes, the Library of the Supreme Court provides the research base for the Court. The Library's extensive collection comprises statutes, law reports, periodicals and treatises from major common and civil law jurisdictions, including Canada, the United Kingdom, the United States, Australia, New Zealand, France and Belgium. Its print and microform holdings are supplemented by access to a vast range of electronic legal resources and databases. It is also enriched by a valuable collection of rare books printed in the 16th, 17th and 18th centuries pertaining to the common law of England and the civil law of France.

In 2008-09 the Library completed a comprehensive review of its Collection Development Policy to validate with its core internal and external users those subject areas within the collection that may be accessed electronically without the need to preserve a print version in perpetuity. In addition, the review identified parts of the collection which are essential to meet the ongoing business information needs of the Court. An extensive consultation process with internal and external stakeholders (the academic, government, court and law society law library communities) was undertaken throughout the summer and fall 2008. The Judges' Library Advisory Committee approved a revised Collection Development Policy in February 2009. Based on a citation analysis of the references cited in the Supreme Court of Canada decisions released in 2008, 95.16% of law reports cited and 89.93% of journal articles/books cited are available in the Library's print collection. With the addition of electronic resources licensed to the Court, the Collection is able to meet the information needs of the Court 98% of the time, consistent with previous years. It is anticipated that the proportion of material available only in electronic format will increase relative to the availability of material in print format in future years. Also in 2008-09, the Library made its journal A-Z list available to the public on the Court's website, providing access to its extensive collection of legal periodicals in print, electronic and microform to legal researchers across the country.

E. Lessons Learned

E-filing Initiatives

Feedback from counsel has been positive with respect to the Court's e-filing initiatives but the feedback has also indicated that the legal profession wants a measured approach to further enhancements. The Court will continue to work with its stakeholders to ensure that change takes place at an appropriate pace.

Learning Management Framework

In the spring of 2007, the HR Co-op received funding from the Public Service Modernization Act (PSMA) Strategic Investment Fund for a two-year project to develop and implement a collaborative learning management framework. The HR Co-op is comprised of five small government organizations which all have a quasi-judicial mandate. Those organizations are: Office of the Registrar of the Supreme Court of Canada, Office of the Commissioner for Federal Judicial Affairs, International Trade Tribunal, Canadian Forces Grievance Board and Canadian Industrial Relations Board. The five organizations have worked together on common human resources initiative, programs and policies since 2005. Lessons learned from this particular project are:

  • Continuity: All participants from these organizations who were initially involved in the project proposal left or retired during the course of the project. Some corporate memory was retained but some of the new players were not as engaged or committed to the idea of a collaborative framework for learning.
  • Managing different organizational needs: The organizations were at different stages of development in their learning capacity and could not sustain the same level of dedication to a uniform framework. The project charter was reworked and realigned taking into consideration diverse organizational needs.
  • Communication: Better communication is required at the onset of such a project with the Deputy Heads and management teams in each organization to ensure their buy-in and commitment.
  • Capacity: It is important to fully understand the ability of each organization to sustain elaborate programs prior to committing to a project of this magnitude. Some project funding was returned to Treasury Board Secretariat but many project activities were accomplished and useful for the organizations.

In conclusion, the organizations recognized that working with one mindset in regard to five diverse, though similar organizations, was not useful and could actually be detrimental to the HR Co-op. Without organizational support and buy-in, the project could have become obsolete. Fortunately, each organization was able to deliver training and useful products that have strengthened the ability to manage learning within each organization.