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SECTION II: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME

The Public Prosecution Service of Canada prosecutes criminal offences under federal law, and contributes to strengthening the criminal justice system.

Over 50 federal statutes confer prosecution and prosecution-related responsibilities on the Attorney General of Canada; these duties are carried out by the PPSC. In all provinces except Quebec and New Brunswick, the PPSC has responsibility for the prosecution of all drug offences under the Controlled Drugs and Substances Act, regardless of whether a federal, provincial, or municipal police agency lays the charges. In Quebec and New Brunswick, the PPSC is responsible for drug charges laid by the RCMP only.

In addition, in all provinces, the PPSC prosecutes violations of federal statutes such as the Fisheries Act, the Income Tax Act, the Excise Act, the Customs Act, the Canadian Environmental Protection Act, the Canada Elections Act, the Competition Act and the Canada Shipping Act as well as conspiracies and attempts to violate these statutes. Pursuant to agreements with the provinces, the PPSC also prosecutes Criminal Code offences where drug charges are involved and are the focus of the case. In the three Territories, the PPSC is additionally responsible for prosecuting all Criminal Code offences.

Hence, the PPSC performs a number of key roles in the criminal justice system, including:

• providing legal advice to law enforcement agencies and investigative bodies on the criminal law implications of investigations and prosecutions;

• providing litigation support during the investigative stage, including wiretap applications and orders to produce evidence;

• conducting charge reviews and exercising the Attorney General's discretion to prosecute;

• conducting legal risk assessment and management, and developing prosecution plans to manage mega cases;

• training prosecutors and investigators;

• communicating with the media; and

• playing a role as a centre of expertise for criminal law, national security and federal prosecution matters, and providing policy advice in the development of amendments to federal statutes relevant to the criminal justice system.

The following pages describe the PPSC’s four Program Activities and results achieved during 2008-09.

 

2.1 Program Activity 1: Prosecution of drug, organized crime and Criminal Code offences.

2008-09 Financial Resources ($ millions)			2008-09 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
120.6	136.6	107.3	530	625	95

Expected Results	Performance Indicators	Targets	Performance Summary
Disposition of cases initiated and prosecuted	Number and percentage of litigation files by outcome: guilty plea, guilty plea (other / lesser offence), conviction and conviction (other / lesser offence), acquittal, stayed by the Crown, withdrawn, charge declined, or diverted	Not applicable	Decisions	# of files	% of total files
			Guilty plea	19,678	58.1%
			Guilty plea (other/lesser offence)	1,130	3.3%
			Conviction	2,222	6.6%
			Conviction (other/lesser offence)	100	0.3%
			Acquittal	644	1.9%
			Stayed by the Crown	3,345	9.9%
			Withdrawn	5,512	16.3%
			Declined	42	0.1%
			Diverted	1,183	3.5%
			Total:	33,856	100%

Benefits for Canadians

This program activity contributes to ensuring a safe and secure Canada through the prosecution of a broad range of criminal activities. It deals mainly with drug-related offences and complex organized crime cases.

Performance Analysis

Under this program activity, the PPSC provides prosecution-related advice⁵ and litigation support during police investigations, and prosecutes all drug charges under the Controlled Drugs and Substances Act, regardless of whether a federal, provincial or municipal police agency lays the charges, except in the case of Quebec and New Brunswick, where the PPSC prosecutes drug charges laid by the RCMP.  Many of these cases involve organized crime.  Pursuant to agreements and arrangements with the provinces, the PPSC also prosecutes Criminal Code offences where they are related to drug charges and the drug aspect forms the major part of the case. In the three territories, the PPSC prosecutes all Criminal Code offences.

Highlights of performance during 2008-09 are as follows:

Drug prosecutions – The PPSC handled 54,705 prosecution files related to offences under the Controlled Drugs and Substances Act. This number included cases prosecuted by staff counsel and by private-sector legal agents, and represented approximately 75 per cent of the files that the PPSC prosecuted. Drug prosecutions can range from a simple case of possession of a few grams of marihuana to a complicated scheme to import kilograms of cocaine or to export methamphetamine made in a clandestine laboratory in suburban neighbourhood. Some cases were relatively straightforward, while others raised complex legal issues and required weeks and sometimes months of testimony.

Organized crime – The RCMP and other Canadian police forces are increasingly focusing resources on organized crime. The investigations are usually complex, requiring preparation for the eventual disclosure of evidence throughout the investigative process. The PPSC is often called upon to provide pre-charge legal advice to the police during the investigative stage. The increased focus on organized crime has lead to an increase in the complexity of prosecutions, including the phenomenon of mega-cases, prosecutions of extraordinary scope and complexity that can require the full-time assignment of several prosecutors for lengthy periods. In 2008-09, the PPSC prosecuted 436 cases related to organized criminal activity. While this represented approximately only 1.2 per cent of the number of files prosecuted during the year, the time spent on them amounted to almost 17 per cent of total time recorded by PPSC counsel.

Proceeds of crime and offence-related property – As revenue generating crimes, drug offences continued to represent most of the offences that produced proceeds of crime and property used to commit crime (“offence-related property”). In 2008-09, the PPSC handled 4,039 cases involving either proceeds of crime or offence-related property. The proceeds of property at issue ranged from money used to buy drugs from an undercover officer to real estate bought with the proceeds of crime or to house a marihuana grow operation or a methamphetamine laboratory. A total of $29.9 million worth of proceeds of crime and offence-related property was forfeited during the year.

Prosecutions in Canada’s North – In the three territories, the PPSC prosecutes all Criminal Code offences as well as offences under other federal legislation. In 2008-09, the PPSC handled 9,306 files in the territories involving various types of offences, including 8,045 Criminal Code offences, 286 regulatory offences, and 510 territorial offences. Prosecutions undertaken included many offences of violence against the person, particularly domestic violence and sexual assault. During 2008-09, the three Northern regional offices handled a total of 23 homicide cases, including two cases involving the killing of on-duty police officers.

Lessons Learned

The PPSC follows a mega-case prosecution policy, which is included in the Federal Prosecution Service Deskbook, to implement the lessons learned in the management of these cases. The policy requires the early involvement of prosecutors, the preparation of a prosecution plan at an early stage, and the review of each mega case prosecution plan by the PPSC’s National Prosecution Advisory Committee.

The PPSC is an active participant in the Federal-Provincial-Territorial Heads of Prosecution Committee, and with the assistance of provincial prosecution officials, shares information, precedents and best practices.

In July 2007, the Department of Justice Canada released “Northern Justice Consultations: A Report on Discussions about the Northern Justice System carried out in the Yukon, Northwest Territories and Nunavut in 2006”. The Report contained recommendations for improving the criminal justice system and highlighted the need for creative, innovative and community based programs to deal with family violence, addictions and mental illnesses with a focus on rehabilitation and restoration.

In the fall of 2008, the PPSC issued its response to the Report’s recommendations which fell within the PPSC’s mandate. The PPSC agreed to address the recommendations and made a commitment to continue to work with the Department of Justice and with the territorial governments to improve the delivery of criminal justice to Northern communities.

 

2.2 Program Activity 2: Prosecution of federal offences to protect the environment, natural resources, economic and social health

2008-09 Financial Resources ($ millions)			2008-09 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
18.8	19.3	19.2	177	136	41

Expected Results	Performance Indicators	Targets	Performance Summary
Disposition of cases initiated and prosecuted	Number and percentage of litigation files by outcome: guilty plea, guilty plea (other / lesser offence), conviction and conviction (other / lesser offence), acquittal, stayed by the Crown, withdrawn, charge declined, or diverted	Not applicable	Decisions	# of files	% of total files
			Guilty plea	1,364	64.1%
			Guilty plea (other/lesser offence)	8	0.4%
			Conviction	385	18.1%
			Conviction (other/lesser offence)	4	0.2%
			Stayed by the Crown	146	6.9%
			Withdrawn	173	8.1%
			Declined	4	0.2%
			Diverted	1	0.0%
			Acquittal	44	2.1%
			Total:	2,129	100%
The National Fine Recovery Program is administered in a consistent and coordinated manner	Number and nature of recovery actions taken and results obtained nationally	Not applicable	Total recovered: $5.2 million, via 9,283 recovery actions, distributed as follows: - 3,207 demand letters ($1.1 million) - 1,245 payment agreements ($1.3 million) - 764 income tax/GST set-offs ($400 thousand) - 482 civil measures, e.g., garnishees ($218 thousand) - 3,585 all other interventions types, e.g., extensions, bench warrants, bail seizure ($2.1 million)

Benefits for Canadians

This program activity contributes to ensuring a safe and secure Canada through the prosecution of a broad range of illegal activities, including regulatory offences and economic crime.

Performance Analysis

Under this program activity, the PPSC provides prosecution-related advice and litigation support to federal investigative agencies, and prosecutes all non-drug prosecutions under 50 federal statutes, including regulatory offences and economic crimes. Examples of these types of offences include: environmental offences under the Canadian Environmental Protection Act, revenue offences under the Income Tax Act, and offences under the Competition Act, the Fisheries Act and the Canada Elections Act. The PPSC is also responsible for recovering, under provisions of the Criminal Code, outstanding fines related to regulatory offences.

Teams of prosecutors are dedicated to prosecutions where a specialized knowledge of legislation is required.  For example, the offices in Toronto, Montreal and Vancouver have teams of counsel responsible for economic crimes prosecutions, whereas the Atlantic Regional Office has a team of counsel devoted full time to prosecuting fisheries offences.

Highlights of performance during 2008-09 are as follows:

Regulatory prosecutions – Regulatory prosecutions comprise the second-largest category of offences prosecuted by the PPSC, after drug prosecutions. In 2008-09, the PPSC handled 8,682 files involving regulatory offences. Regulatory prosecutions are often complex and resource intensive. Teams of regulatory prosecutors have been established in most PPSC regional offices. Their work is coordinated and supported by prosecutors at PPSC Headquarters in Ottawa.

Revenue offences – As part of its work to fight economic crime, the PPSC prosecutes offences under all statutes administered by the Canada Revenue Agency (CRA). The most common offences prosecuted are Income Tax Act offences such as tax evasion. The PPSC provides advice at the investigative stage, and prosecutions are conducted by specialized prosecutors throughout Canada.

Integrated Market Enforcement Teams – PPSC prosecutors assigned to Integrated Market Enforcement Teams (IMETs) work with RCMP members and other investigators, including investigative and forensic accountants and are located in Vancouver, Calgary, Toronto and Montréal.  Prosecutors assigned to IMETs were consulted on 35 investigations in 2008-09. The PPSC has concurrent jurisdiction in cases of fraud charges pursuant to section 380 of the Criminal Code. When a fraud charge is laid following an IMET investigation, the attorney general of the province in which the charge is laid has the right of first refusal to prosecute the offence. In 2008-09, charges were laid in five IMET files. In addition to the work of legal advisors within the IMET, the PPSC is responsible for prosecuting one of these files and is part of the team prosecuting another, by the invitation of the Director of Criminal and Penal Prosecutions for Quebec.

Competition Law Section – The PPSC handles prosecutions under the Competition Act as well as the Consumer Packaging and Labelling Act, the Textile Labelling Act, and the Precious Metals Marking Act. These statutes are administered and enforced by the Commissioner of Competition, who oversees the Competition Bureau. The PPSC also provides legal advice at the investigative stage on Competition Bureau files that may lead to prosecutions. In 2008-09, the section handled a total of 59 cases.

Counterfeiting – In 2003, counterfeiting was on the rise and Canada had the highest rate of bank note counterfeiting among G7 countries.  In response to this situation, federal, provincial and territorial heads of prosecution created a subcommittee on bank note counterfeiting.  The subcommittee is mandated to develop tools for prosecutors and distribute information on the social and economic effects of counterfeiting as well as trends in this area.  The PPSC has developed the model of a Bank of Canada declaration, which is used in court at sentencing, and provides information to the judge on the prevalence of counterfeiting and the repercussions of this activity on the Canadian economy.  Since 2007, this document has been used in over 35 files.

Fine Recovery – This Program recovered $5.2 million in fines in 2008-09, an increase of 12% over the previous year. Over 1,000 files were closed. One hundred and sixty-five individuals were incarcerated for refusing to pay their fines. On July 1, 2008, the PPSC entered into an agreement with the Canada Revenue Agency (CRA) to allow the PPSC to recover offenders’ outstanding fines by way of income tax and GST refund set-off. Between July 1, 2008 and March 31, 2009, close to 5,000 fines were registered with the CRA, resulting in the recovery of almost $400,000.

Lessons Learned

In recognition of the specialized nature of regulatory prosecutions, a meeting of PPSC regulatory prosecutors was held in the context of the PPSC National Conference in November 2008. This training session allowed PPSC prosecutors from across Canada to network and share their knowledge. Similar meetings for regulatory prosecutors will be held in the future.

Senior officials from the PPSC and the CRA met on a quarterly basis to discuss issues of mutual interest, including joint planning, training and specific issues arising from revenue investigations and prosecutions. In April 2008, the CRA and the PPSC held their annual conference of investigators and prosecutors to further enhance cooperation between the two organizations.

In 2008-09, the PPSC completed its implementation of the recommendations of the Le Pan report⁶, which suggested improved cooperation between stakeholders and more involvement by senior management.  In the wake of these recommendations, the Securities Fraud and Economic Crime Prosecutors Affiliation was created.  This Affiliation, co-chaired by the PPSC and comprising representatives from four provincial prosecution services that have IMET units, is mandated to establish a network of prosecutors and develop best practices in this area.

 

2.3 Program Activity 3: Addressing criminal issues, in the context of prosecutions, to contribute to a safer world for Canada.

2008-09 Financial Resources ($ millions)			2008-09 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
6.2	5.2	4.8	31	24	7

Expected Results	Performance Indicators	Targets	Performance Summary
Disposition of cases initiated and prosecuted	Number and percentage of litigation files by outcome: guilty plea, guilty plea (other / lesser offence), conviction and conviction (other / lesser offence), acquittal, stayed by the Crown, withdrawn, charge declined, or diverted	Not applicable	Decisions	# of files	% of total files
			Guilty plea	337	72%
			Guilty plea (other/lesser offence)	1	0%
			Conviction	56	12%
			Conviction (other/lesser offence)	1	0%
			Stayed by the Crown	26	6%
			Withdrawn	31	7%
			Declined	7	2%
			Diverted	0	0%
			Acquittal	6	1%
			Total:	465	100%

Benefits for Canadians

This program activity contributes to ensuring a safe and secure Canada through the prosecution of a broad range of criminal activities pertaining to trans-national crime, terrorism, war crimes and crimes against humanity.

Performance Analysis

Under this program activity, the PPSC provides prosecution-related advice and litigation support during the police investigation, and prosecutes charges under the Part II.1 of the Criminal Code (Terrorism), the Proceeds of Crime (Money Laundering) Terrorist Financing Act, the Customs Act, the Excise Act, and the Excise Tax Act to combat trans-national crime and terrorism. As well, the PPSC may provide counsel to assist in the execution of extradition and mutual legal assistance requests before Canadian courts under the Extradition Act, and the Mutual Legal Assistance in Criminal Matters Act.

Highlights of performance during 2008-09 are as follows:

Anti-terrorism – The Attorney General of Canada has concurrent jurisdiction with provincial attorneys general to prosecute terrorism offences. In 2008-09, the PPSC was responsible for prosecuting four cases involving terrorism-related offences in Montreal, Ottawa, Toronto and Vancouver.   In the case of R. v. Khawaja, the case was decided on its merits and Mr. Khawaja was found guilty on five counts as charged and one included offence.  The case is the subject of an appeal.

War crimes and crimes against humanity – The PPSC has the responsibility of prosecuting offences under the Crimes Against Humanity and War Crimes Act. To date, the PPSC has conducted one prosecution under the Act, related to events that occurred in Rwanda in 1994. Désiré Munyaneza, a Rwandan citizen living in Canada, stood accused of genocide, crimes against humanity and war crimes. The offences were committed in Rwanda in 1994, and included the killing and causing serious bodily harm to Tutsi, the raping of Tutsi women and pillaging. On May 22, 2009, Mr. Munyaneza was found guilty on all charges.

Lessons Learned

The recent prosecutions under the terrorism provisions of the Criminal Code and the Crimes Against Humanity and War Crimes Act underscored that prosecutions under both pieces of legislation can be complex and lengthy.  In both the Khawaja and the Munyaneza cases, significant amounts of evidence from beyond Canada’s borders were required.  Best practices relating to each particular context will continue to be identified and shared to make certain that lessons learned are applied to future prosecutions and that the PPSC maximizes the potential for the cases to be decided on their merit.

 

2.4 Program Activity 4: Promoting a fair and effective justice system that reflects Canadian values within a prosecutorial context

2008-09 Financial Resources ($ millions)			2008-09 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
2.8	3.7	.9	13	17	4

Expected Results	Performance Indicators	Targets	Performance Summary
Promoting a fair and effective justice system that reflects Canadian values within a prosecutorial context	Staff prosecutors, agents and law enforcement investigators receive practical knowledge and training on criminal law topics	Not applicable	The PPSC School for Prosecutors conducted two intensive one-week training courses to a total of 107 staff prosecutors and agents on criminal law practice as well as operational policies and guidelines The PPSC prosecutors provided training to police officers across Canada on several criminal law matters. The PPSC also participated in the delivery of training offered by the Canadian Police College.
	Promotion of FPT and international cooperation on prosecution issues	Not applicable	Chaired meetings of, and provided expertise, advice and secretariat support to, and participated in FPT committee and sub-groups. Received delegations from several countries in order to discuss Canadian drug and terrorism legislation and the role played by Canadian prosecutors. The PPSC represented the International Association of Prosecutors (IAP) at the first meeting of the International Network to Promote the Rule of Law (INPROL), held in Washington, DC.

Benefits for Canadians

This program activity contributes to the government priority of strengthening the criminal justice system across Canada and improving its efficiency by providing legal training to police, and by promoting federal/provincial/territorial cooperation within the prosecution community on shared issues. The PPSC also actively participates in various international groups and committees in order to promote speed and efficiency in international cooperation between prosecution services on both operational and management issues.

Performance Analysis

This work is carried out through the PPSC’s participation in the Federal / Provincial / Territorial (FPT) Heads of Prosecution Committee which supports and promotes effective horizontal linkages between various communities of interest and stakeholders involved in the administration of criminal justice in Canada. The Committee is also a convenient venue where stakeholders such as the Canadian Association of Chiefs of Police, the RCMP and the Federation of Law Societies of Canada can seek the views of the Canadian prosecution community. The Director of Public Prosecutions is permanent co-chair of the Committee and the PPSC acts as its secretariat.

To address prosecution issues of common interest, the PPSC also actively participates in various international groups and committees such as the International Association of Prosecutors (IAP) whose mandate is to promote speed and efficiency in international cooperation between prosecution services and prosecutors on operational and management issues. The PPSC also works closely with the Heads of Prosecuting Agencies Conference (HOPAC), which brings together the heads of prosecution services from all over the world who operate in a criminal justice system based on the common law.

Highlights of performance during 2008-09 are as follows:

Training – In 2008-09, the PPSC provided training to police officers across Canada on several criminal law matters. The PPSC also participated in the delivery of training offered at the Canadian Police College, where a PPSC staff prosecutor was assigned to ensure prosecution concerns were addressed. The School for Prosecutors is an in-house training program, established in 1997.  Its mandate is to promote professional development for prosecutors relevant to the prosecution function, through the delivery of practical and academic training.  In 2008, the School conducted two intensive one-week courses – one fundamental, the other advanced – each covering various key topics, for a total of 107 students.   In addition to PPSC prosecutors, the School was also attended by private practitioners who act as agents for the PPSC, lawyers from the Department of Justice Canada, federal law enforcement officials, and two lawyers from the Centro de Estudios de Justicia de las Americas (CEJA) of Santiago, Chile. 

Outreach – The PPSC chaired two meetings of the FPT Heads of Prosecution Committee in 2008-09: one in April 2008, organized jointly with the Canadian Military Prosecution Service in Ottawa and the other in October 2008, with the Crown Attorney’s Office of Prince Edward Island, in Charlottetown.  The PPSC also organized several meetings and teleconferences of subcommittees and working groups of the Committee. During the past year, the PPSC received delegations from New Zealand, Russia and Serbia. A variety of topics were discussed including Canadian drug legislation and approaches to drug control, anti-corruption mechanisms in the Canadian Federal Public Service, and the role played by Canadian prosecutors. In March 2009, PPSC officials attended a bilateral work meeting with senior management for criminal matters and pardons from France’s Department of Justice. This meeting focused on the exchange of information on matters of mutual interest, such as the prosecution of terrorism, organized crime, environmental crime, fraud and financial interests and principles related to prosecutorial independence. In May 2008, the PPSC represented the IAP at the 1st Meeting of the International Network to Promote the Rule of Law (INPROL), held in Washington DC. INPROL aims to create a network of specialists who can provide assistance in justice reconstruction and capacity-building projects in regions that have experienced civil unrest or civil war. The PPSC discussed how the resources of the IAP and of prosecution services such as the PPSC can help INPROL achieve its goals.

Lessons Learned

The IAP’s Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors is a statement intended to serve as an international benchmark for the conduct of individual prosecutors and of prosecution services.  In 2008-09, the PPSC signed the statement, signalling its commitment to the highest standards expected of prosecutors and prosecution services.

The PPSC continued its work in developing a set of best practices for prosecuting fraud involving governments, which was the subject of an assignment from the Attorney General of Canada in February 2007. This will be completed in 2009-10.

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