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A1 - Developing policies and laws
Financial resources ($ millions) | ||
2007-2008
|
2008-2009
|
2009-2010
|
44.2
|
38.7
|
38.6
|
Human Resources (in Full-time Equivalents) | ||
219
|
221
|
221
|
A2 - Developing and implementing programs
Financial resources ($ millions) | ||
2007-2008
|
2008-2009
|
2009-2010
|
385.5
|
369.2
|
368.8
|
Human Resources (in Full-time Equivalents) | ||
144
|
144
|
144
|
A3 - Office of Victims Ombudsman
Financial resources ($ millions) | ||
2007-2008
|
2008-2009
|
2009-2010
|
1.5
|
1.5
|
1.5
|
Human Resources (in Full-time Equivalents)3 | ||
9
|
9
|
9
|
2 Results from individual program and initiative areas are aggregated to demonstrate performance against expected results for Strategic Outcome I.
3 The resources numbers include the percentage of costs of common services apportioned to each program activity.
Canadians rely on the justice system to provide an independent and impartial forum for resolving disputes. To serve Canadians in all our diversity, the system must be fair, relevant and accessible. The administration of justice is an area of shared jurisdiction with the provinces and territories. Within this structure, the Department is responsible for developing policies and legislation to strengthen our bilingual and bijural national legal framework. The provinces in turn are responsible for the day-to-day administration of justice. The Department works with others in the justice system to make sure it reflects our shared values by treating everyone equitably and respecting their rights and the diversity of our civil and common law traditions.
The effectiveness of the administration of justice depends on close cooperation with provinces and territories, both in policy development and in allocating the cost of providing services to Canadians — youth justice services, legal aid, public legal education and information, family justice, the access to justice in both official languages and other programs to improve or maintain access to the justice system. For the most part, the Department does not deliver programs and services directly to the Canadian public4. Instead, it provides funding to assist the provinces and territories in delivering justice-related programs that fall within their areas of constitutional jurisdiction. In this context, transfer payments to provinces, territories and community-based organizations represent approximately 53 percent of the Department's total spending. Most of this funding (about 69 percent of the transfer payments or 36 percent of the total planned spending) is for two large contribution programs to support citizen access to provincial and territorial legal aid programs and to support youth justice services administered by the provinces and territories. Additionally, the Department provides a range of smaller grants and contributions to provinces, territories and community organizations, including official language minority communities, to support the delivery or testing of new approaches to justice-related programs and services.
An effective justice system is one that is responsive. In this vein, the application of international law to domestic law has assumed a huge presence on the Canadian legal landscape, and several themes emanating from the Speech from the Throne signal the continued importance of international law issues: strengthen our federation as well as our role in the world; open federalism; facilitate provincial participation in the development of Canadian positions that affect areas of provincial responsibility; and build stronger multilateral and bilateral relationships.
4 Services that are delivered directly to the Canadian public are as follows: processing of access requests filed under the Access to Information Act, the Family Orders and Agreements Enforcement Assistance services, Central Registry of Divorce Proceedings services, and the Garnishment, Attachment and Pension Diversion Registry service.
Figure 1 below illustrates the planned activities for 2007-08 in support of this priority.
Public Law:
Legal Aid:
Family Justice:
Aboriginal Justice:
Youth Justice:
Victims of Crime:
Access to Justice in Both Official Language
|
* Previously referred to as the Victims of Crime Initiative
Protecting Canadian families and communities is a cornerstone of the Government's justice agenda and thus, a key priority for the Department. The initiatives put forward in the last few months—criminal legislative reforms, plans for effective gun control, and investments in safety and security—will help strengthen the justice system and make it more effective.
In supporting the priority of protecting Canadian communities, through the development of policies and laws, the development and implementation of programs and supporting rigorous evaluation requirements, the department is committed to delivering results to Canadians as illustrated in the box below in Figure 2.
International:
Safety and security:
Youth Justice:
|
The Department approaches performance measurement from two interrelated perspectives5. First, there are those measures that are aimed at tracking performance of activities and outputs over which the Department has direct control and is directly accountable. Workload indicators such as files opened and closed, hours logged, etc, are examples of these types of measures.
The second level of measures relate to the results of our activities over which we exercise influence. That is to say that while we cannot control the results of the activities, we do have some level of influence over the extent to which the results can be achieved. However, there are other identifiable groups who also either have influence or control over those results. Consequently, accountability for those results is shared. By way of illustration, two examples of this type of measure are the number of people receiving assistance from provincial legal aid programs, and client feedback on the timeliness, utility and responsiveness of legal services provided by the Department of Justice.
In a similar vein, the Department monitors broader societal trends over which it may exert some level of influence. Examples of such trends which the Department is tracking include:
The Department is interested in measures related to both control and influence. Our interest in the first type of performance measures is aligned with our direct accountabilities, i.e. effective stewardship of Government resources. Our interest in the second type (i.e., results over which we have at best some level of shared accountability with others), revolves around our desire to identify areas where we may want to try to enhance the level of influence we can bring to bear through a variety of management actions, or alternatively, to identify areas where we are apparently unable to exercise influence and thus possibly rethink our continued involvement.
The Department also undertakes periodic evaluations in order to determine the extent to which programs, policies and initiatives are relevant, operating effectively and achieving anticipated impacts. For a listing of evaluations which will be initiated or completed during fiscal year 2007-2008, please refer to Table 9, Section III Ð Supplementary Information, of this report.
In Figure 3, the reader will find a listing of the results the Department will be tracking in support of the achievement of the two priorities for the fiscal year 2007-20087.
Priority I: Effective and accessible justice system | |
Expected Results |
Data Sources
|
The justice system is more responsive to the needs of Aboriginal people |
Departmental Files – Annually
|
More effective criminal law, responsive to theneeds and values of Canadians and consistent with the Charter |
Departmental Files – Annually
|
Encourage effective rehabilitation and reintegration of young persons in their communities |
Canadian Centre for Justice Statistics – Annually
|
Alternative youth justice approaches are developed and used by the youth justice system |
Departmental Files – Annually
|
Increased access by victims to the criminal justice system and to programs/services and assistance available to them |
Departmental Files – Annually Evaluation studies – 3-5 years
|
Justice system is more responsive to the needs of children and families undergoing separation and divorce |
Departmental Files – Annually Evaluation studies – 3-5 years
|
Increased use of family justice services by parents and children |
Departmental Files – Annually
|
Justice system more accessible to official language minority communities |
Feedback from partners – Annually Evaluation study – 5 years
|
Justice system is accessible to economically disadvantaged Canadians involved in serious legal matters |
Departmental Files – Annually Canadian Centre for Justice Statistics – Annually
|
Legal aid services provided to economically disadvantaged persons in serious criminal matters |
Departmental Files – Annually Canadian Centre for Justice Statistics – Annually
|
Priority II: Protecting Canadian communities | |
Expected Results |
Data Sources
|
Reduced victimization of children and vulnerable groups | Departmental Files – Annually General Social Survey, Statistics Canada – Every 5 years |
Reduced victimization, crime and incarceration among Aboriginal communities | Feedback from Partners – Annually Canadian Centre for Justice Statistics – Annually |
5 Concepts of control and influence as reflected in this sectionwere adapted from material developed by Principals at the Performance Management Network http://soc.kuleuven.be/pol/io/egpa/qual/ljubljana/Valovirta%20Uusikila_paper.pdf. For further reading on this subject, the reader is directed to the following sites: DISCUSSION PAPER: Addressing Attribution Through Contribution Analysis: Using Performance Measures Sensibly, John Mayne, Office of the Auditor General of Canada, 1999, http://www.oag-bvg.gc.ca/domino/other.nsf/html/99menu5e.html#discussion.
6 If the reader is interested in detailed analysis of these types of trends, they are invited to visit the Statistics Canada website where the rigorous results of many studies, including the General Social Survey provide in-depth analysis of social factors, including crime and victimization rates (http://cansim2.statcan.ca/cgi-win/cnsmcgi.pgm?Lang=E&ResultTemplate=Srch2&CORCmd=GetTList&CORId=2693). As well, the reader is directed to the TBS website which includes "Canada's Performance" report, which tracks high level societal indicators (http://www.tbs-sct.gc.ca/report/govrev/06/cp-rc-eng.asp).
7 For detailed information regarding spending for the Transfer Payment Programs, please refer to Table 6. Details on Transfer Payments Programs in Section III — Supplementary Information of this document. More details are also available on the TBS website TPP database at (http://www.tbs-sct.gc.ca/rpp/2007-2008/menu-fra.asp).
Financial resources ($ millions) | ||
2007-2008
|
2008-2009
|
2009-2010
|
286.5
|
283.8
|
276.5
|
Human Resources (in Full-time Equivalents) | ||
2007-2008
|
2008-2009
|
2009-2010
|
3768
|
3776
|
3776
|
8 Results from the indicators listed in Part B are aggregated to demonstrate performance against expected results for Strategic Outcome II.
The resources numbers include the percentage of costs of common services apportioned to each program activity
Under the Department of Justice Act, the Minister of Justice and Attorney General provides legal services to the federal government and its departments and agencies, including the provision of legal advice, the conduct of litigation, the drafting of legislation and the preparation of legal documents.
The Department of Justice is one of a number of key federal organizations that support all Government of Canada outcomes by providing common services to government departments and agencies9 and as such, the Department's priority is to help Government achieve its priorities in delivering results for Canadians.
Facilitating departments and agencies in the delivery of government priorities creates a distinct context for planning, setting priorities and measuring performance. The Department works with our clients to develop and advance their priorities, providing legal services that are responsive, timely and effective. Excellence in service delivery is critical, especially in the context of the consistent growth in both the complexity and the demand for legal services. This factor, viewed as a challenge across government, is felt acutely both by the Department of Justice and by the departments and agencies to whom we provide services. Some of the drivers for this demand include the growth of class action proceedings against the Crown and the ongoing rapid development of international and aboriginal law.
The elements below concretely illustrate how we carry out our on-going work while ensuring that we have the capacity and flexibility to react to a changing environment and government agenda.
Portfolios:
There are five portfolio organizations that have functional responsibility for and provide leadership with respect to all litigation and advisory services that the Department provides to client departments and agencies. Their goal is to provide high-quality and cost-efficient legal services to their clients while also carrying out their central agency responsibilities for Justice. The portfolios are Aboriginal Affairs; Tax Law; Citizenship, Immigration and Public Safety (which serves the RCMP, CSIS, Correctional Services, National Parole Board and Canada Border Services Agency); Central Agencies (serving the Department of Finance, the Treasury Board and the Public Service Commission, among others); and Business and Regulatory Law (serving 23 government clients, ranging from Health Canada to the Competition Bureau), and the Justice Portfolio. The portfolio organizations work to ensure the national consistency of positions on important points of law, and in the policies and practices developed across the federal government.
Within the portfolio organizations, a significant proportion of the Department's counsel are assigned to departmental legal services units (DLSUs), which are co-located with client departments and agencies and in six regions. LSUs provide legal advice to their clients with respect to their powers and duties, and ensure that the conduct of their affairs are in accordance with the law. In doing so, LSUs also provide advice with respect to the statutes and regulations that apply to the Government of Canada, and strategic advice concerning policy development and other initiatives.10
9 See "Canada's Performance 2006: The Government of Canada's Contribution – Annual Report to Parliament", http://www.tbs-sct.gc.ca/report/govrev/06/cp-rc-eng.asp.
Regional Offices:
Six regional offices—serving the North, British Columbia, the Prairies, Ontario, Quebec, and the Atlantic provinces—support the portfolio structure by serving clients and handling litigation and legal advisory work locally. About half the Department's staff work in regional offices.
Regional staff are responsible for effectively managing a large volume of litigation and advisory services on behalf of client departments. They work closely with their portfolio and policy colleagues to handle complex, high-profile cases. The creation of the Public Prosecution Service of Canada (PPSC) has a significant impact on the way work is carried out in the regions. All regional offices will be supporting the transfer of staff, and other logistical and operational changes that are effective April 1st, 2007.
Staff at regional offices, along with those at headquarters in Ottawa, form the national network of Justice counsel who serve as the Government's law firm. Figures 4 and 5 below provide two examples of how the Department, through the portfolio structure and regional network, is able to support government departments and agencies in achieving Government priorities.
Tax Law Services The Tax Law Services (TLS) Portfolio supports the priorities of the Canada Revenue Agency (CRA). Tax Law Services Portfolio counsel at headquarters and in the regions are intensifying their national strategic approaches to align with their client's priorities, the Canada Revenue Agency. For example, growth in international law has resulted in a focus amongst tax administrations internationally to detect and shut down abusive tax schemes. The Portfolio is continually strengthening its capacity to respond to the Agency's new audit strategies that ensure taxpayers meet their obligations. Counsel in the regional offices, in particular those regions with multiple centres, including the Atlantic, Quebec, Prairies, and B.C. will be focussed on supporting the multidisciplinary teams at the Tax Services Offices of CRA. |
Aboriginal Affairs Portfolio The Aboriginal Affairs Portfolio supports the Department of Indian and Northern Affairs and Northern Development, the Office of Indian Residential Schools Resolution Canada and all other government departments that maintain policies, programs and services targeted to Aboriginal client groups across Canada. The Portfolio provides legal advice to federal government departments on a wide spectrum of Aboriginal law issues including Aboriginal rights and title; duty to consult; treaty rights; the fiduciary relationship of the Crown with Aboriginal people; and constitutional Charter issues relating to Aboriginal law. The network of regional offices also works closely with the Portfolio to support government departments, however, each office deals with its own unique context in terms of the Aboriginal population and Aboriginal issues specific to their region. These may be demographic in nature or issue specific such as the Resolution of Indian Residential Schools Claims in the Prairies. Issues may cut across a number of provinces and territories and require strong coordination between the Regional Offices. One example is the support for the McKenzie Gas and other Pipelines which, over the next fiscal year, will involve the B.C. Regional Office, the Prairie Regional Office and the Northern Regional Office. |
Several specialized branches complement the provision of legal services to clients:
a) The Legislative Services Branch provides drafting, revision and advisory services to the Government for both bills and regulations to establish and maintain the legislative framework for government policies and programs. Bills introduced in Parliament – and regulations made by the Governor in Council and other delegates – must address the subject matter in both English and French and respect the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights along with other laws. As well, bills and regulations must reflect Canada's common law and civil law traditions where appropriate. The Branch is also responsible for the publication of federal laws, notably an electronic consolidation of Acts and regulations that is available on the Internet. During 2007-2008, the Branch will focus on supporting the Government's legislative agenda as well as developing and implementing Smart Regulation proposals involving the application of the Statutory Instruments Act, the revision of regulations and the format for printing legislative texts. It will also oversee the completion of the review and potential re-enactment of legislative instruments under the Legislative Instruments Re-enactment Act and continue to advance the harmonization of federal legislation with the civil law of Quebec.
b) The Public Law Sector (PLS) is made up of a number of specialized legal advisory and policy sections. It comprises experts on human rights law, constitutional and administrative law, information law and privacy, aviation law, trade law, public international law, private international law, judicial affairs, and public law policy. The various sections combined are a core resource for the Department, offering highly specialized legal policy expertise and assisting the Department in fulfilling its central agency role as coordinator of legal advice across government.
The Public Law Sector also provides extensive support to the Government in the development of national and international policies, laws, and other instruments. This support includes policy development and legal advisory services on issues specific to the Justice portfolio as well as legal advisory services to client departments engaged in the development of legislation and policies across government.
In 2007-2008, the Government's policy agenda in relation to accountability, security, parole reform and democratic renewal will require extensive advisory and legal policy support from PLS in relation to: access to information and privacy reform; addressing the issue of racial profiling under the auspices of Canada's action plan against racism; initiatives aimed at enhancing the justice system and strengthening national security; parole reform; and, ways to enhance democratic participation.
c) The Litigation Branch has functional responsibility over litigation involving the Government of Canada in the common law provinces and territories.
The establishment of the PPSC had implications for the functions carried out by the Branch. The Branch formerly responsible for civil litigation matters is now comprised of the Civil Litigation Division and the Criminal Litigation Division. The Branch's new organization now includes the following:
Some of the key litigation that we will be tracking during 2007-08 include: Court approval of IRS Class Action settlement |
d) The Official Languages Law Group (OLLG) provides specialized legal advice on language rights to departments, agencies and other federal institutions. It offers information and advisory services to the Minister and various federal institutions on the interpretation of language rights through the development and coordination of legal expertise and advice in cooperation with other sections in the Department. Together with the Department of Canadian Heritage, the Public Service Human Resources Management Agency of Canada and the Privy Council Office, it ensures a better sharing of information, and a better compliance of federal policies, programs, initiatives and documents with the Official Languages Act and its regulations and policies.
The OLLG is also responsible for the development and coordination of the position of the Attorney General of Canada and the Government in linguistic litigation, and it provides support to counsel involved in litigation. As well, it is a source of strategic advice and guidance on specific issues during legal proceedings, for example when a trial is held in the minority language under the linguistic provisions of the Criminal Code.
Thirdly, the OLLG is in charge of the preparation and coordination of the provision of advice on linguistic policies, particularly with regards to any legislative amendment affecting language rights.
Finally, the Group provides training on language rights. It prepares various tools for the employees in the Department, the Government, and the public, such as judgment summaries, annotated statutes and information notes on the language provisions of the Charter. Training activities have been identified as a priority in the 2003 Action Plan for Official Languages. Legislative amendments require renewed efforts to make sure the Act is known and complied with.
e) The Dispute Prevention and Resolution Services provides leadership, support and services to DOJ including legal advisory services, training, operational policy development for the prevention of disputes that could result in litigation and the resolution of litigation claims. There are two priorities for the year that focus on methods to manage the volume of litigation. The development of a five-year pilot project on an early resolution option for certain tort claims will be finalized, including an evaluation framework to track results. As well, policy support will be provided for the development of the proposed Commercial Mediation Act and for the review of dispute resolution policies in order to facilitate the use of alternative dispute resolution mechanisms across Portfolios.
10 The Department's general policy is that legal work within our statutory mandate should be handled by departmental counsel. At times however, operational demands necessitate using private sector counsel, who are appointed as legal agents of the Attorney General of Canada, to carry out this mandate. To ensure clarity, consistency and control in the use of legal agents, the Department has a framework for determining what work can or should be outsourced and a protocol and supporting practices for selecting and appointing agents. Competence and integrity remain the primary considerations in the selection process, and selection is based on the premise that the Government of Canada is entitled to receive the highest quality of legal service and advice consistent with the reasonable demands of economy, efficiency and effectiveness. Decisions to outsource legal work are made in consultation with clients, who are responsible for costs incurred. Justice counsel are responsible for supervising and monitoring legal agent activities, reviewing the reasonableness of costs claimed for services rendered, and where appropriate recommending that payment be made.
In terms of indicators and measures of success in these activities, there are a number of means to capture a snapshot of Department's effectiveness in providing legal services to the Government of Canada's departments and agencies. As mentioned in the 2006-2007 Report on Plans and Priorities, the Department has begun to establish a more coordinated and standardized process for soliciting client feedback to ensure that client needs are being met with the provision of the highest quality services. A key component of this is the development of data collection tools to gather the information needed to monitor and report on performance. As a first step in this process, the Department, in partnership with Statistics Canada, launched a pilot standardized client feedback survey in 2006-2007. The survey has been successfully pilot tested across the Department of Indian and Northern Affairs and with the Canadian Food Inspection Agency. Applying lessons learned, DoJ is now seeking feedback from client departments and agencies across the Business and Regulatory Law Portfolio (representing about 40% of all federal government departments and agencies). Over the next fiscal year and on a cyclical basis thereafter, the Department intends to survey representatives from the federal departments and agencies that receive services from DOJ as part of its overall planning and performance management agenda. By completing this survey, clients will provide the Department with valuable performance information to help ensure that we are delivering high quality legal services that meet departments' and agencies' needs and expectations and identify areas where we might need to make improvements or address gaps in services.
As well, the Department is working to ensure that it has the tools and the capacity to collect relevant and credible information in regards to how we are managing our resources, both human and financial in the support of the delivery of legal services. This means that we will be reporting with more data on elements such as: the use of alternative dispute resolution (ADR) methods and the impacts of levels of risk on the resources used to address client requirements for legal services. Over time, we will be able to plot the trends in this data, but in the more immediate environment, we will be able to begin to establish baselines that will better enable us to determine when (or what) adjustments we may need to make in order to ensure that we are providing the best results for Canadians.
There are basically three elements of measures and indicators that support this strategic outcome. These are aimed at addressing the effective management of resources, the degree to which we support other government departments with our legal services, and the degree to which we are effectively enabling government to attain its key priorities.
Figure 7 below shows the measures and indicators that will be used to assess performance in the delivery of integrated legal services over the reporting period.
Priority III: Supporting other government departments and agencies in achieving Government of Canada priorities | |||
Key Results | Indicators | Measures | Data Collection |
Effective management of resources | Workload |
|
Timekeeping/Case management systems |
Litigation Inventory |
|
Timekeeping/Case management systems | |
Legislative Services Inventory |
|
Timekeeping/Case management systems | |
Managing Legal Risk |
|
Timekeeping / Case management systems | |
Use of ADR methods |
|
Timekeeping/Case management systems | |
Supporting other government departments with high quality legal services | Client feedback on legal advisory, litigation and legislative services |
|
Standardized Client Feedback Survey |
Representing the Crown's interests to enable government to attain its key priorities | Awards and settlements |
|
Timekeeping/Case management systems |
Litigation Outcomes |
|
Case management systems | |
Crown Results |
|
Case management systems | |
Supreme Court of Canada Outcomes |
|
Case management systems and Top 100 |