ARCHIVED - Public Prosecution Service of Canada

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MESSAGE FROM THE ATTORNEY GENERAL OF CANADA

Since it was created in 2006, the Public Prosecution Service of Canada has provided prosecutorial advice to law enforcement agencies and has prosecuted matters on behalf of the federal Crown. In three short years, the PPSC has become a model of independence, transparency and accountability in federal prosecutions.

This Departmental Performance Report shows the work done by the Public Prosecution Service in acting on behalf of the Crown and the Attorney General of Canada to prosecute criminal offences under federal law.  The Public Prosecution Service is contributing to the strengthening of our criminal justice system through its prosecution of criminal offences, independent of any improper influence, and in the best interests of the public.

As it has demonstrated over the past year, the Public Prosecution Service has performed its criminal justice role while dealing with the wide range of challenges before it. I am confident the PPSC is well placed to continue playing an important role in Canada’s fight against crime.

MESSAGE FROM THE DIRECTOR OF PUBLIC PROSECUTIONS

I am pleased to present the 2008-09 Departmental Performance Report of the Public Prosecution Service of Canada (PPSC). The PPSC is an independent organization that prosecutes offences under federal jurisdiction.

The PPSC prosecutes a broad range of criminal activity, including drug-related offences, organized crime, regulatory and economic crime, terrorism, war crimes and crimes against humanity. This report shows results over the past year and demonstrates benefits to Canadians, while providing performance analysis and outlines of lessons learned.

Over the past year, the PPSC has worked tirelessly in delivering on its strategic outcome as well as its operational and management priorities. In each of its program activities, the PPSC contributes to ensuring a safe and secure Canada through the conduct of prosecutions, the provision of prosecution-related advice and litigation support. It has dealt with issues such as the threats posed by international crime IT networks, the stresses related to working in Canada’s North, rising workload and operational costs, and competing for scarce resources. I am proud to report that in all these areas, the PPSC has met expectations in the performance of its critical criminal justice role.

I would also like to acknowledge the efforts of all PPSC staff and the role they play in our continued success. Their hard work and dedication contribute greatly to the safety and security of Canadians.

SECTION I: ORGANIZATIONAL OVERVIEW

1.1 Summary Information

Raison d’être

Responsibilities

The PPSC undertakes key duties on behalf of the Attorney General of Canada. These key duties, to be carried out in an objective and non-partisan manner, are:

• The duty to act independently in making decisions related to criminal prosecutions – This constitutional principle recognizes that decisions to prosecute, stay proceedings or launch an appeal must be made solely in accordance with legal criteria. The public interest must be taken into account, but not considerations of a partisan political nature.

• The duty to act independently in providing prosecution-related legal advice – While prosecution-related advice to law enforcement and other federal investigative agencies will take into account the agency's legal and policy setting, prosecutors cannot be drawn into the agency's policy making and program administration such that their ability to provide impartial, accurate and effective legal advice is undermined.

The PPSC prosecutes cases under federal statutes that are referred to it by the Royal Canadian Mounted Police (RCMP), other federal investigative agencies, provincial police forces and municipal police forces.

The PPSC’s prosecution-related work is part of the criminal justice continuum, which includes federal investigative agencies, law enforcement, the courts and correctional services. Prosecution-related advice during the police investigation has become crucial to ensure that police techniques and procedures are consistent with evolving rules of evidence and the Canadian Charter of Rights and Freedoms’ protections. The advantage of early prosecutorial advice includes reducing the risk that operational decisions, such as those about methods of obtaining evidence, will detrimentally affect the admissibility of evidence at trial.

Strategic Outcome

The PPSC has one strategic outcome as indicated in the following chart which also presents the PPSC’s framework of program activities in 2008-09. Together, these activities contributed to achieving the strategic outcome:

Program Activity Architecture

1.2 Summary of Organizational Performance

Contribution of Priorities to Strategic Outcome

Risk Analysis

Workload and rising operational costs: Because the PPSC’s workload is generated by police forces laying charges under federal statutes, it is largely based on police decisions regarding investigative priorities, tactics and allocation of resources.  Increases in drug enforcement, for example, or policing resources can significantly affect the nature and volume of the PPSC caseload. Similarly, changes in police tactics to focus on the upper echelons of organized crime groups rather than on individuals in the lower ranks, affect the complexity and cost of prosecutions. In 2008-09, the volume of litigation files reached 74,674.

Sustainability: The PPSC requires access to resources that will allow it to ensure its long-term sustainability as an organization. In 2008-09, the PPSC assessed the resource gaps related to its capacity to deliver strategic corporate services and to conduct effective prosecution services. A resourcing strategy is being prepared to support the operational requirements of the organization, based on this assessment.

International crime networks:  The continued globalization of crime networks poses significant dangers to national and global security.  These networks are involved in organized crime, engaging in such activities as trafficking in human beings, telemarketing fraud, money laundering and drug trafficking. International criminal networks exploit national borders in an attempt to thwart the efforts of authorities in their battle to prevent trans-national crime. This new world reality has made it imperative for the PPSC and other organizations to work more effectively with international partners to challenge the serious threats posed by these international criminal networks, to uphold the rule of law, and to enhance safety and security at home and abroad.  In 2008-09, the PPSC worked with several international bodies such as the International Association of Prosecutors, the Heads of Prosecuting Agencies Conference, and the International Network to Promote the Rule of Law.

The North:  Crown prosecutors assigned to the North face the stressful working conditions and pressures associated with, among other things, isolation, cultural differences, geography and the socio-economic conditions that give rise to higher crime rates.  Northern prosecutors who are required to travel on court circuits often spend many days away from their homes and families, and can be left stranded for extended periods due to extreme and unexpected weather conditions. Prosecutors and Crown Witness Coordinators are subject to the effects of vicarious trauma due to the nature of the work they do. Although Northern Regional Offices facilitate opportunities to openly discuss problems so as to provide some support to their colleagues who may be suffering trauma, the lack of local, formal counselling services often requires reliance on outside resources which can be costly and not always immediately available.

Retention of experienced and engaged personnel: Results from the 2008 Public Service Employee Survey regarding employee satisfaction raised some issues. Among these, the PPSC must address workload, opportunities for promotion, and employee-manager communications. During the past year, following an organizational and resource review, the PPSC increased its complement of senior-level practitioner positions.  It also undertook and continues to move forward with several other initiatives to address these issues, including a national review of work streams, a review of resource mix (consistency and relativity), and the implementation of a national mentoring program,

Competition for scarce resources: Information gathered in 2008-09 confirmed that some regional offices face recruitment challenges. In certain regions of Canada, the salaries paid to provincial prosecutors exceed those paid to PPSC lawyers. This affects the PPSC’s ability to attract and retain highly-skilled prosecutors. The PPSC will continue to undertake national focused recruitment campaigns, as well as post-secondary recruitment activities.

Security of staff:  Due to the nature of their work, PPSC employees are exposed to incidents of threats and intimidation. Ensuring the safety and security of its employees is a PPSC priority. The PPSC has established a Security Committee to ensure that appropriate security measures are developed and implemented to protect its prosecutors and other employees. In 2008-09, the PPSC established its  security section. This section is working with the Security Committee to develop a suite of security products, including policies, procedures and information, to meet the needs of all employees.

Expenditure Profile

In fiscal year 2008-09, the PPSC spent $132.2 million to achieve the expected results of its program activities and contribute to its strategic outcome. This represents an increase of $22.3 million compared to the actual spending of 2007-08.

The following chart illustrates the PPSC’s authorities trend from 2007-08 to 2011-12.

The increase of $46 million in authorities between 2007-08 and 2008-09 is mainly due to funding of $12 million for the PPSC’s transition to an independent federal organization, an additional $12 million resulting from an increase in funding to more effectively prosecute drug cases and to provide greater support for Crown agents across Canada, $9 million for the National Anti-Drug Strategy, $8 million in additional resources for the Restoring the Effectiveness of Federal Policing initiative, and $5 million to support the investigation and prosecution of capital market fraud offences (Integrated Market Enforcement Teams).

The decrease of $4 million between 2008-09 and 2009-10 is mainly due to the 2007-08 operating carry‑forward included in the 2008-09 authorities.

The decrease of $6 million between 2009-10 and 2010-11 is mainly due to the timing of approval of funding to support the investigation and prosecution of fraud offences in capital markets (Integrated Market Enforcement Teams) which is currently part of the 2009-10 authorities.

The major changes in actual spending between 2008-09 and 2007-08 total $22.3 million and are due to the following:

• The increase in agent fee rates ($12.4 million)⁴,
• An increase in staffing and organizational transition costs, e.g., accommodations and IM/IT ($4.3 million), and
• An increase in hiring for the Restoring the Effectiveness of Federal Policing initiative ($5.6 million).

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