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2009-10
Departmental Performance Report

Office of the Commissioner for Federal Judicial Affairs Canada

The original version was signed by
The Honourable R. D. Nicholson, P.C., Q.C., M.P.
Minister of Justice and Attorney General of Canada

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Table of Contents

Deputy Commissioner’s Message

Section I – Overview

• 1.1 Summary Information

  • Raison d’être
  • Responsibilities
  • Strategic Outcome
  • Program Activity Architecture

• 1.2 Performance Summary

  • 2009-10 Financial Resources
  • 2009-10 Human Resources
  • Contribution of Priorities to Strategic Outcome
  • Risk Analysis
  • Expenditure Profile
  • Voted and Statutory Items

Section II – Analysis of Program Activities by Strategic Outcome

• 2.1 Strategic Outcome: An independant and efficient federal judiciary

• 2.2 Program Activity by Strategic Outcome
• • 2.2.1 Program Activity: Payments pursuant to the Judges Act
  • 2.2.2 Program Activity: Canadian Judicial Council
  • 2.2.3 Program Activity: Office of the Commissioner for Federal Judicial Affairs Canada
  • 2.2.4 Internal Services
• 2.3 Benefits for Canadian

Section III – Supplementary Information

• 3.1 Financial Highlights
• 3.2 List of Tables
• 3.3 Other Items of Interest

Deputy Commissioner's Message

I am pleased to submit the Performance Report for the Office of the Commissioner for Federal Judicial Affairs for the period ending March 31, 2010.

This report demonstrates that 2009-2010 was another busy fiscal year for our office, and that our personnel were able to overcome the many challenges that arose during that period.

We pride ourselves on being responsive to the needs of our clientele and in promoting judicial independence.  In our responsibility of administering the Judges Act, we continued during the past year to provide timely and efficient services to judges in various areas.  Amongst other matters, we also continued to serve the Minister of Justice and candidates for judicial appointment in managing the judicial advisory committees process.

The following pages also provide more information on some of the other activities we undertook in 2009-2010.  These include: reviewing and amending our strategic plan, bringing significant upgrades to our core information technology systems, improving the integrated business and workforce management plans of all sections of the office, implementing succession planning in some key areas, as well as planning new information management initiatives.

In closing I wish to commend the professionalism and commitment of the employees of our office in supporting the needs of the Canadian judiciary.  We continually aim to improve our practices in order to be more efficient, and we stand ready to meet new challenges.

 

Section I – Overview

1.1 Summary Information

Raison d’être

Responsibilities

Section 73 of the Judges Act provides for the establishment of an officer, called the Commissioner for Federal Judicial Affairs, who shall have the rank and status of a deputy head of a department.  Section 74 sets out the duties and functions of the Commissioner.

The Office of the Commissioner :

• administers Part I of the Judges Act by providing judges of the Federal Court of Appeal, the Federal Court, the Tax Court of Canada and federally appointed judges of provincial and territorial superior courts with salaries, allowances and annuities in accordance with the Judges Act;
• prepares budgetary submissions and provides administrative services to the Canadian Judicial Council; and
• undertakes such other missions as the Minister of Justice may require in connection with any matters falling, by law, within the Minister's responsibilities for the proper functioning of the judicial system in Canada which includes; the operation of the Judicial Appointments Secretariat; the publication of the Federal Courts Reports; the provision of language training for judges; and the coordination of judicial international cooperation activities.

 

Strategic Outcomes

FJA seeks to deliver high-quality services to the Canadian Judiciary in order to support and promote judicial independence.  In this regard, FJA contributes to the following strategic outcome:

Program Activity Architecture

 

[D]

1.2 Performance Summary

2009-10 Financial Resources ($ millions)

Planned Spending	Total Authorities	Actual Spending
$434 120 217	$439 049 375	$438 330 560

At the outset of the 2009-2010 fiscal year, FJA’s planned spending was $434.1 million. Through Main Estimates, Supplementary Estimates and other adjustments to the statutory expenditures, FJA was allocated $439.1 million and the actual spending was $438.3 million.

2009-10 Human Resources (FTEs)

Planned	Actual	Difference
76	67	9

The decrease in the number of Full Time Equivalents (FTEs) is primarily due to the additional time required to staff skilled positions from the departures of employees. In the next fiscal year planned FTEs will come into balance with actual FTEs as succession plans are implemented.

Strategic Outcome: An independent and efficient federal judiciary.

Performance Indicators	Targets	2008-09 Performance
Independent Judiciary Judges’ view on the contribution of the Office to judicial independence by providing high quality services.	90% of Judges satisfied with the administration of the judiciary and feel it effectively contributes to their independence.	93% of judges were satisfied with the services provided by FJA. Generally, satisfaction score were consistently high across all FJA service areas. With respect to the strategic outcome 88% of survey respondents rated the Office as excellent or good in supporting and promoting judicial independence by providing quality services to federally appointed judges.
Efficient Judiciary Compliance with service standards for efficient delivery of service	90% compliance with established service standards.	Each FJA unit collects information to demonstrate performance against standards for efficient delivery of service. Overall, the target of 90% compliance with these standards was fully met.

($ millions)

Program Activity	2008-09 Actual Spending	2009-10				Alignment to Government of Canada Outcomes
		Main Estimates	Planned Spending	Total Authorities	Actual Spending
Payments Pursuant to the Judges Act	$410 482 874	$414 853 000	$422 282 000	$427 367 849	$427 367 849	Strong and independent democratic institutions
Canadian Judicial Council	$1 643 318	$1 680 000	$1 949 481	$1 860 796	$1 723 353	Strong and independent democratic institutions
Federal Judicial Affairs	$9 299 277	$8 202 661	$8 975 736	$9 225 730	$8 369 358	Strong and independent democratic institutions
Internal Services			$913 000	$870 000	$870 000
Total Planned Spending	$421 427 469	$424 735 661	$434 120 217	$439 049 375	$438 330 560

Summary of Achievements against Priorities

 

• Client Services: FJA continued to provide high levels of service to clients in the provision of the core services such as judges’ salaries, allowances and annuities. The Client Satisfaction Survey indicated a 93% satisfaction level with services provided by the organization.
• Corporate Planning: In the recent Management Accountability Framework (MAF) process FJA received a rating of “strong” under the measure of Effectiveness of the Corporate Management Structure. This measure assessed both the Corporate Planning and Governance Structure of the organization.
• Communications:The client survey indicated a high satisfaction rating with the quality of the communications from the department. FJA also embarked on an initiative to improve communications as a result of an internal survey conducted of staff. The Departmental internal communications network was enhanced by adding information and copies of all departmental business plans, strategic plans and other planning documents.
• Information Management and Systems:Information Technology was sustained at a high level of availability and quality of operation, and various upgrading initiatives were undertaken.  Although work has progressed, the recent MAF assessment indicated that FJA needed further work in implementing an information management strategy. As a result of a preliminary review,  a five year plan has been developed to assess and implement an Information Management solution.
• Security:Work progressed to upgrade security through enhancements in software and the network intrusion system.  Training and awareness was provided to departmental staff through activities conducted during the Security Awareness Week. Although FJA is compliant with the Government Security Policy and fully meets the Security policy, the MAF assessment indicated that additional work is required to meet the requirements of the MITS (Management of Information Technology Security) and, therefore, rated this area as “attention required”.

Commencing in the 2009-10 Estimates cycle, the resources for the Internal Services Program activity are displayed separately from other program activities; they are no longer distributed among the remaining program activities, as was the case in previous Main Estimates. This has affected the comparability of spending and FTE information by program activity between fiscal years.

Contribution of Priorities to Strategic Outcome(s)

Operational Priorities	Type	Status	Links to Strategic Outcome(s)
Client Services – By providing administrative support services to federally appointed judges, FJA allows judges to fully carry out their judicial mandate. By listening to its clients and monitoring the judicial environment, FJA identifies the judges’ needs, present and future, and effectively adjusts resources and operations to meet them.  In the last year a key initiative was a refinement of the performance measurement system to collect and report on operational (program activity) performance.  The Client Satisfaction survey was conducted to assess achievement of the strategic outcome as well as levels of client satisfaction with service.  Opportunities for improvement and lessons learned were identified.	Ongoing	Met all The Client Satisfaction Survey conducted in 2008 revealed a better than 93% level of satisfaction among judges with FJA services.	S.O. An independent and efficient judiciary is assured through continuous refinement of service delivery in response to client needs.

Management Priorities	Type	Status	Links to Strategic Outcome(s)
Corporate Planning and Reporting –FJA has developed an Integrated Business and Workforce Management Plan which allows for a formal system of corporate policy development, planning, and performance management which integrates Human Resource Planning.  In the last year, plans were developed, implemented and monitored to ensure resources were well spent.	Ongoing	Met all As part of the Management Accountability Framework review (MAF), FJA received a grade of “strong” in the area of Effectiveness of the Corporate Management Structure.	S.O. An independent and efficient judiciary is assured through effective governance of service delivery.
Communications – The goal of the Communications initiative is to continuously improve how effectively FJA managers, employees, clients (judges) and partners communicate with each other.  Communications strategies, awareness building and training were completed in the last year in areas such as values and ethics and the implementation of policies and changes in procedures.	Ongoing	Met all The Client Satisfaction Survey indicated a very high satisfaction level (88%) with FJA communications with judges.	S.O. An independent and efficient judiciary is assured through a judiciary well informed about FJA services.
Information Management and Systems – Maintaining and modernizing FJA’s infrastructure is a high priority as well as ensuring the effective management of information. In the last fiscal year FJA completed key IT projects for upgrading and securing the infrastructure. Our internet Web site achieved Common Look and Feel (CLFv2) compliance.  The main internal operational systems, Human Resource Information System (HRIS) and financial system (Freebalance) and the e-mail and collaboration environment for the judges were all successfully upgraded.  The failing air conditioning units dedicated to the server room were replaced.  Since FJA’s key management information system (Phoenix) is more than 15 years old and is based on a non-mainstream application, FJA ensured its continued availability and made preparations for the future migration of the system to a MS Windows and SQL platform.	Ongoing	Not met The results of the Management Accountability Framework (MAF) assessed this priority as “attention required”.  Although information technology was considered acceptable, as shown in the achievements of the last year, FJA was found to need much more work and resources to implement an information management strategy.	S.O. An independent and efficient judiciary is assured through a ‘backbone’ of efficient systems.
Security – The goal of the Security initiative is to create a single point of reference for all aspects of security, including physical security of FJA clients, employees, visitors, facilities, data, information and systems.   In the last fiscal year key security projects were completed in IT such as the implementation of the Software Patch Management system and the Network Intrusion Prevention System.	Ongoing	Somewhat met FJA is compliant with the Government Security Policy and fully meets the Security policy. Training and awareness activities were offered to departmental staff during Security Awareness week .	S.O. An independent and efficient judiciary is assured through the protection of client information and facilities.

 

Risk Analysis

FJA’s environment is complex due in part to the small size of its organization, the range of services it provides (compensation, benefits, language training, etc.) and the large number of clients served.  FJA is also one of the only organizations in government with the delicate task of regularly interacting with three branches of government:  legislative for changes to the Judges Act; judicial for a wide range of services; and the executive with respect to managerial and central agency requirements.

With only 76 employees, the Office serves more than 1 093 judges, 828 pensioners and survivors, 133 Advisory Committee members and between 500 and 600 applicants for judicial appointment.  FJA administers a budget in excess of $435 million annually which pays for judges’ salaries, allowances and annuities, relocation and travel expenses as well as covering the costs of running the Office (informatics, training, finance, administration and other related expenses).  It provides services to judges including language training.  It informs the legal community as well as the general public through the publication of the official reports of the decisions of the Federal Court and the Federal Court of Appeal, the Federal Courts Reports, thus promoting access to justice and ensuring a permanent record of these decisions.  FJA also serves the requirements of the Minister of Justice through the operation of the Judicial Appointments Secretariat.

Recognizing this context, FJA has developed a risk profile and actively monitors through its management team external and internal risks. Outlined below are the risks FJA managed in the 2009-10 fiscal year.

External Risks –Workload demand for FJA services are increasing in line with demographic changes in the client base, which brings additional operational demands.  Compared to the previous fiscal year, in 2009-10 there was a 2.5% increase in the number of judges and a 2.7%  increase in the number of pensioners in receipt of a pension pursuant to the Judges Act.  Requirements also increased for administering the reimbursement of travel and other allowances to federally appointed judges, in the number of participants in the judges language training program, in the number of applicants for judicial positions and in the number of judges participating in International Cooperation activities. FJA actively monitored and managed risks related to managing additional workload to ensure judges received timely reimbursement of their salaries, allowances and annuities, in accordance with the Act. 

Part of the role of FJA is to provide administrative services to the Canadian Judicial Council which has, as part of its mandate, the responsibility for receiving complaints against members of the judiciary.  The complexity and volume of complaints have been steadily increasing and accordingly, the resources required for conducting the necessary analysis and review of these files has also been increasing.  It is possible that some of these complaints could result in full inquiries which would require substantial resources to ensure that a fair and objective inquiry be undertaken.

FJA must comply with the same central agency expectations and requirements (comptrollership, management and accountability systems, etc.) as do larger departments that enjoy core, specialized resources in the fields of planning, communications, human and financial administration and evaluation.  Policy requirements add to existing managerial demands and the extra requirements for internal procedure development and alignment of practices that may be more suitable for a larger department than a small agency.  FJA has a small management team and more informal and hands-on day-to-day monitoring and management functions which provides the flexibility and responsiveness required to effectively manage risk in relation to standard processes supporting a client base of federally appointed judges.

Internal Risks –FJA recognizes that it operates within a technology-driven world economy and must meet evolving expectations, including those set by the federal government and the Management Accountability Framework (MAF).  The MAF provides a very effective reality check on key areas of risk with respect to information management and technology which are important to the effective administration of service to judges.

From an information management perspective, FJA faces the risk of not being able to keep up with the technological advancements being made. Although we have successfully upgraded one of our core applications, substantial work and investment is still necessary in order to ensure that we can provide an efficient and productive service to our clients.

From a human resources perspective the principal risk FJA faces is the loss of expertise and corporate memory from the retirement of long-serving experienced staff.  As with most government organizations, short and medium-term retirement of managers and staff members may exacerbate the Office’s vulnerability.  Although efforts have been made to develop succession plans, the reality is that there is a shortage of skilled resources available in the staffing marketplace suitable for the activities of FJA.  Therefore, the time involved in recruitment is usually longer than normal.  

From a financial perspective, FJA maintains and updates a sophisticated work planning process which defines key initiatives and resource requirements.  Financial forecasting and expenditure reporting is actively monitored.  Judges are reimbursed their actual and reasonable expenses incurred under the authority of the Judges Act. The work schedules for judges are organized by their Chief Justices based on the caseload before the court and accordingly, the Office has no input or control on the scheduling process. Any forecast of expenses incurred by judges is based on historical trends which can result in fluctuations from the amount of actual expenses incurred. 

From an operational perspective, FJA faces the challenge/risk of balancing resources for ongoing activities with the requirements of implementing international programming and hosting international delegations. In 1995, FJA initiated international judicial partnerships fully funded through the Canadian International Development Agency. Commencing with Ukraine, partnerships with Russia, Ethiopia, China and other countries quickly followed. The project with Russia has now been completed and the project with the Ukraine is moving into its final year. FJA remains involved in promoting and facilitating participation by members of the Canadian judiciary in a number of international co-operation projects.  FJA regularly receives/hosts international delegations to share its core expertise, for example, FJA and the Department of Justice participated in a joint project with Mexico.

Expenditure Profile

[D]

The total spending for the department shows a continual increase over the planning period. This increase is as a result of a provision in the Judges Act which allows for an annual increase in salaries to judges based on the Industrial Aggregate.

($ millions)

Program Activity	Actual Spending 2007-08	Actual Spending 2008-09	Main Estimates 2009-10	Planned Spending 2009-10	Total Authorities 2009-10	Actual Spending 2009-10
Payments Pursuant to the Judges Act	390.2	410.5	414.9	422.3	427.4	427.4
Canadian Judicial Council	1.7	1.6	1.7	1.9	1.9	1.7
Federal Judicial Affairs	8.1	9.3	8.1	9.0	8.9	8.3
Internal Services	-	-	.9	.9	.9	.9
Total	400.0	421.4	424.7	434.1	439.1	438.3

The major reason for the variance in the Actual Spending versus the Planned Spending is attributable to an increase in: the number of judges; the number of pensioners in receipt of annuities under the Judges Act; and the travel and other allowances reimbursed to federally appointed judges.

Voted and Statutory Items

($ millions)

Vote # or Statutory Item (S)	Truncated Vote or Statutory Wording	2007-08 Actual Spending	2008-09 Actual Spending	2009-10 Main Estimates	2009-10 Actual Spending
20	Operating expenditures	$7 461 007	$8 559 913	$7 503 659	$8 329 525
25	Operating expenditures Canadian Judicial Council	$1 564 231	$1 556 318	$1 594 000	$1 637 353
(S)	Payments pursuant to the Judges Act	$390 180 386	$410 482 874	$414 853 000	$427 367 849
(S)	Contributions to employee benefit plans	$726 007	$828 364	$785 002	$995 833
Total		$399 931 631	$421 427 469	$424 735 661	$438 330 560

The major reason for the variance in the Actual Spending from 2008-09 to 2009-10 is attributable to an increase in:  the number of judges; the number of pensioners in receipt of annuities under the Judges Act; and the travel and other allowances reimbursed to federally appointed judges. 

Section II – Analysis of Program Activities by Strategic Outcome

2.1 Strategic Outcome: An independant and efficient federal judiciary

2.2 Program Activity by Strategic Outcome

The following section describes the program activities of the Office of the Commissioner for Federal Judicial Affairs Canada and identifies the expected results, performance indicators, targets, performance status and performance summary for each of them.

This section will contain a discussion of results of the following Program Activities:

• Payments pursuant to the Judges Act
• Canadian Judicial Council
• Office of the Commissioner for Federal Judicial Affairs Canada
• Internal Services

 

2.2.1 Program Activity: Payments pursuant to the Judges Act

 

Program Activity: Payments pursuant to the Judges Act

2009-10 Financial Resources ($ millions)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
$422 282	$427 368	$427 368	0	0	0

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Accurate and timely processing and validation of claims received for expenses in compliance with the Judges Act and internal guidelines governing financial management.	Percentage of expense claims processed and validated for entry into tracking system. Percentage of expense claims processed within service standard.	100% of expense claims compliant with Judges Act and departmental policies and guidelines. 90% of claims processed within service standard.	Met All Exceeded	100% of all claims received were audited to ensure compliance to departmental policies and guidelines. 95.6% of claims were processed within the service standard.
Comprehensive, up-to-date and validated files are kept on all judges and their survivors.	Level of judges' satisfaction with services.	80% of judges satisfied with services.	Met All	The Client Satisfaction Survey indicated that only 2% of respondents were dissatisfied with the completeness and accuracy of files compared to 75% that were satisfied.
Efficient and effective administration of Judges’ compensation and benefits programs and processes.	Percentage of compensation and benefits claims  processed within service standard.	90% of compensation and benefits claims processed within service standard.	Mostly Met	82% of Client Satisfaction Survey respondents regarded FJA’s response to questions and requests as timely compared to 4% that were not satisfied (14% had no opinion)

Performance Analysis

Compared to the previous fiscal year in 2009-10 there was a 2.5% increase in the number of judges and a 2.7% increase in the number of pensioners in receipt of a pension pursuant to the Judges Act.  Notwithstanding the increased workload volume, all judges and pensioners received timely reimbursement of their salaries, allowances and annuities, in accordance with the Act.  Results of the Client Satisfaction Survey indicated that judges are generally very satisfied with FJA services as satisfaction scores for each service were in the 80 % or higher range.  In support of FJA's strategic outcome, achieving high performance in this program activity ensures that the judiciary can continue to perform their professional duties efficiently and effectively, and without delay.  The independence of the judiciary is ensured through the efficient independent delivery of compensation and benefits by FJA.

 

Lessons Learned

The survey findings reinforced the importance of FJA continuing to sustain its strong service culture by maintaining current service levels and quality of service.  Three areas crucial to achieving continuous improvement were:  identifying points of contact, streamlining processes and timeliness of responses.

 

2.2.2 Program Activity: Canadian Judicial Council

 

Program Activity: Canadian Judicial Council

2009-10 Financial Resources ($ millions)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
$1 949	$1 861	$1 723	11	10	1

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
Effective functioning of Canadian Judicial Council committees.	Satisfaction with the administration and support of committees.	Number of Committee Chairpersons satisfied with secretariat support.	Met All	The chairpersons reported being satisfied with CJC services.

Performance Analysis

The Council is composed of the 39 Chief Justices and Associate Chief Justices of Canada’s superior courts.  As part of its mandate to support the Canadian judiciary, the Office of the Commissioner for Federal Judicial Affairs provides administrative support services to the office of the Canadian Judicial Council.  Its mandate is to promote efficiency, uniformity and accountability, and to improve the quality of judicial services in all superior courts of Canada.  The Council is also responsible for reviewing complaints against the conduct of federally appointed judges.

During the course of the fiscal year, 55 meetings of Committees and their subcommittees were held.  The Chairpersons of the Committees reported being satisfied with services provided by the CJC secretariat.

Lessons Learned

Priority setting by CJC members is essential to ensuring CJC delivers on plans and the general expectations of members.  In this respect the analysis of staff time dedicated to supporting the Council is crucial to the work planning process.

 

2.2.3 Program Activity: Office of the Commissioner for Federal Judicial Affairs Canada

 

Program Activity: Office of the Commissioner for Federal Judicial Affairs Canada

2009-10 Financial Resources ($ millions)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
$8 104	$8 079	$7 499	57	49	8

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
1. Timely and accurate administration of the Order-in-Council process.	Percentage of Order-in-Councils submissions prepared within service standards.	90% of submissions prepared within service standard.	Exceeded	100% of all Order-in-Council submissions were prepared within the service standard.
2. Fair and expeditious administration of the Judicial Appointments process.	Percentage of applications screened and referred to Advisory Committees in a timely manner.	95% of applications reviewed and verified within service standard.	Exceeded	98.7% of applications received were reviewed and verified within a three-month period.
3. Access to a trusted and reliable email and collaboration tool.	Percentage of time core system available to users. Percentage of judges satisfied with system.	Core systems available 98% of time on an annual basis. 75% of judges satisfied with system.	Met All   Met All	JUDICOM System availability was 99.36%. 83% of judges were satisfied or very satisfied with the JUDICOM system according to the Client Satisfaction Survey.
4. Federally appointed judges have access to timely, high-quality, and cost effective language training services.	Waiting time for judges to access training services.	90% of judges have access to language assessment and training services within service standard.	Met All	97% of judges feel that the language training received in the immersion session was useful. Overall, almost nine out of ten judges who have taken language training said they were satisfied with the service provided.
5. Timely, accurate and bilingual publishing of selected Federal Courts decisions.	Percentage of selected cases published within 10 months of the issuance of the decision.	90% of selected cases are published within 10 months of the date of issuance of the decision.	Mostly Met	The selected Federal Courts decisions published are accurate (only 2 erratums were published in 2009-2010). 13.83 months was the average delay between the date of issuance of a decision and its publication in the Reports. 100% of decisions were published within 10 months of the translation being received. The Reports also met its objective of publishing 5% of all decisions rendered. The average delay for decisions being published as digests was 8 months. Delays were caused by: staff turnover, staff shortages, and the lingering impact of restructuring due to retirements and outsourcing of desktop publishing

Performance Analysis

Federal Judicial Affairs is a multi-faceted program activity benefiting those participating in the judicial appointments process, as well as federally appointed judges, the legal community and the general public through the publication of the Federal Courts Reports.  In 2009-10 FJA either exceeded, met all or mostly met performance targets for the expected results of this program activity. 

First, FJA’s achievement of a high standard for the timely and accurate administration of the order-in-council process and the judicial appointments process contributed to an independent judiciary because it ensured all candidates for judicial office were treated fairly and equitably in the process. 

Second, FJA also provides timely and effective information technology collaboration tools and language training.  Federally appointed judges were able to collaborate effectively, sharing information through JUDICOM, the information technology platform maintained by FJA.  JUDICOM exceeded standards for system availability, and also exceeded the satisfaction target of 75%. 

Thirdly, the ability of judges to function in both official languages was enhanced through FJA's efforts to ensure language services were easily accessible.  As indicated above, nine out of ten judges who have taken language training say they are satisfied with the service provided.

Finally, important decisions of the Federal Court and the Federal Court of Appeal were made readily available to federally appointed judges, the legal community and the general public in a timely and accurate fashion through the publication of the Federal Courts Reports.

 

Lessons Learned

FJA strives to respond to the service needs of the judiciary by continuously assessing its performance and being very responsive to lessons learned. FJA employs three approaches for identifying opportunities to enhance service delivery.

The first is the Client Satisfaction Survey of judges conducted in 2008. This assessed the perceptions of judges regarding the achievement of the strategic outcome of FJA to support and promote judicial independence through services to federally appointed judges. The survey also collected performance assessments on each FJA program activity. FJA learned it can continuously enhance service by achieving: a) greater efficiencies through minimizing the number of steps in the process of providing service to judges; b) increased timelines in obtaining service; and c) a central and consistent point of contact for judges to obtain service.

The second methodology is related to the management and continuous improvement of an internal process for service delivery to judges. FJA has an ongoing initiative underway to improve service delivery, such as the service inventory project and workflow analysis of each FJA program activity conducted in the last fiscal year. This was supported by diagnostics using performance measurement data that identified where efficiency of processes, timeliness of service and quality of customer contact could be improved.

Thirdly, FJA is refining and implementing its performance measurement system. FJA has learned that priority setting on the investment of staff and budget is an important factor of success in delivering consistent service quality according to standard. Management actively monitors the efficiency of each program activity against targets or standards. Improvements or corrective measures will be identified and implemented.

Finally, as a result of the Management Accountability Framework (MAF) review conducted in 2008, FJA has made steps toward addressing the weaknesses identified in the areas of Information Management and Security. An Information Management Strategy has been developed with a target implementation of five years. Security Awareness Week activities were undertaken with the objective of providing training to staff and to raise security awareness within the organization.

As was noted in the previous MAF assessment, FJA received an acceptable or strong rating in the majority of areas of management, particularly corporate management and governance. Most importantly, Client Service was rated ‘strong’ which reflected the strong service orientation of FJA and the attention management pays to ensuring high performance.

2.2.4 Program Activity: Internal Services

 

Program Activity: Internal Services

2009-10 Financial Resources ($ millions)			2009-10 Human Resources (FTEs)
Planned Spending	Total Authorities	Actual Spending	Planned	Actual	Difference
$872	$872	$870	8	8	0

Expected Results	Performance Indicators	Targets	Performance Status	Performance Summary
1. Resources are allocated and expended in a cost effective manner in accordance with the department’s Strategic Plan.	Departmental lapse of resources.	Annual budgetary lapse under 5%.	Mostly Met	Actual departmental lapse was 5.6%.
2. Department successfully attracts and retains the right people at the right time to meet its current and future business needs	Percentage of staff and management satisfied with Human Resource Services.	80% of staff and management are satisfied with the Human Resource Services.	Met All	80% of staff and management are satisfied with the Human Resource Services.
3. A model workplace.	Percentage of staff satisfied with the organization.	80% of staff are satisfied with the organization.	Met All	79% of departmental staff would recommend FJA as a good place to work.
4. Information technology tools are available to meet departmental needs.	Percentage of time the systems are available to users.	Core systems available 98% of the time on an annual basis.	Met All	Core systems were available 99.97% of the time.
5. Timely, accurate and bilingual publishing of selected Federal Courts decisions.	Percentage of selected cases published within 10 months of the issuance of the decision.	90% of selected cases are published within 10 months of the date of issuance of the decision.	Mostly Met	The selected Federal Courts decisions published are accurate (only 2 erratums were published in 2009-2010). 13.83 months was the average delay between the date of issuance of a decision and its publication in the Reports. 100% of decisions were published within 10 months of the translation being received. The Reports also met its objective of publishing 5% of all decisions rendered. The average delay for decisions being published as digests was 8 months. Delays were caused by: staff turnover, staff shortages, and the lingering impact of restructuring due to retirements and outsourcing of desktop publishing

Performance Analysis

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of the organization. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Material Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across the organization and not to those provided specifically to a program.

In the last fiscal year FJA completed key IT projects for upgrading and securing the infrastructure. Our internet Web site achieved Common Look and Feel (CLFv2) compliance.  The main internal operational systems, Human Resource Information System (HRIS) and financial system (Freebalance) and the e-mail and collaboration environment for the judges were all successfully upgraded.  The failing air conditioning units dedicated to the server room were replaced.

2.3 Benefits for Canadians

There are 1,093 judges in Canada who are appointed by the federal government to the superior courts in the provinces and territories and to specialized courts such as the Federal Court of Appeal, the Federal Court and the Tax Court of Canada.  These courts play a vital role in protecting citizens’ rights and ensuring governments adhere to the rules of law and justice. FJA supports an independent judiciary and provides language training that enhances the capabilities of the judiciary.

FJA informs the legal community and the general public through the publication of the Federal Courts Reports, which are the official, bilingual reports of decisions of the Federal Court and Federal Court of Appeal. As such, FJA promotes access to justice and ensures a permanent record of these decisions. FJA also provides administrative support to the Canadian Judicial Council.

FJA operates an efficient and effective judicial appointments process. The Judicial Appointments Secretariat received and processed 531 applications for judicial appointment and arranged for 49 advisory committee meetings.  The Advisory Committees assessed a total of 440 applications, the results of which were certified by the Executive Director, Judicial Appointments and provided to the Minister.

Promoting the principles of judicial independence, and efficient and transparent court systems internationally ensures protection of Canada’s interests abroad and enhances Canada’s visibility internationally.

Section III – Supplementary Information

3.1 Financial Highlights

The Financial Highlights presented within this DPR are intended to serve as a general overview of FJA’s financial position and operations. The departments’ financial statements can be found at the FJA website at:

http://www.fja-cmf.gc.ca

($ millions)

Condensed Statement of Financial Position At End of Year (March 31, 2010)	% Change	2010	2009
Assets
Total Assets	138.8 %*	4.1	1.7
Liabilities
Total Liabilities	6.1%	160.7	151.5
Equity
Total Equity	4.6%	(156.6)	(149.7)
Total	138.8 %	4.1	1.7

*The $2.4 million increase in total assets is attributable to an increase in the amount of internal government accounts receivable as of the end of the fiscal year.

($ millions)

Condensed Statement of Operations At End of Year (March 31, 2010)	% Change	2010	2009
Expenses
Total Expenses	4.0%	440.4	423.3
Revenues
Total Revenues	3.2%	13.2	12.8
Net Cost of Operations	4.1%	427.2	410.5

The Net Cost of Operations for the department shows a 4.1% increase over the previous fiscal year. This increase is as a result of a provision in the Judges Act which allows for an annual increase in salaries to judges based on the Industrial Aggregate, an increase in overall travel expenses incurred by judges as well as an increase in the number of pensioners receiving benefits under the Judges Act.

3.2 List of Tables

The following tables are located on the Treasury Board Secretariat website:

• Sources of Respendable and Non-Respendable Revenue

3.3 Other Items of Interest

Information about the Canadian Judicial Council, its mandate and activities are found at the Council’s website:

http://www.cjc-ccm.gc.ca

The Executive Summary of the 2008 Client Satisfaction Survey can be found at FJA’s website:

http://www.fja-cmf.gc.ca

Contacts for Further Information

Office of the Commissioner for Federal Judicial Affairs Canada
99 Metcalfe Street, 8th Floor
Ottawa, Ontario K1A 1E3 
Telephone: (613) 995-5140   Facsimile: (613) 995-5615

Web site: http://www.fja-cmf.gc.ca

Marc A. Giroux, Deputy Commissioner, Phone: (613) 995-5140

E-mail:  marc.giroux@fja-cmf.gc.ca

Legislation Administered by the Office of the Commissioner for Federal Judicial Affairs Canada

The Minister has sole responsibility to Parliament for the following Act:

Judges Act (R.S.C., 1985, c. J-1) February 2007