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The Department also establishes corporate priorities and plans to improve the management of the Department and facilitate the successful delivery of the outcomes we want to achieve for Canadians. Our activities in this vein reflect the elements of the Government's Management Accountability Framework11. The Department focuses on a small number of key elements of the MAF as identified in cooperation with Treasury Board Secretariat.
Over the fiscal year 2007-2008, our priority areas include: Our People, and the Implementation of the Sustainable Funding Regime (stemming from the Review of Legal Services).
Under the Our People corporate priority, the DOJ will continue to undertake initiatives to improve workplace and employee well-being as a result of the departmental Workplace Health Needs and Risk Survey conducted in 2005-2006 and the development and implementation of an action plan for the 2005 Public Service Employee Survey.
In addition, a focus on a more strategic and integrated approach to strengthening the leadership and management cadre will be undertaken to respond to the Clerk of the Privy Council's priorities around roles, responsibilities and accountabilities, public service renewal, and strong and effective leadership, and to respond to the outcomes of the review of the LA standard which will define and strengthen the management cadre of the LA group. This will involve the development and implementation of a Human Resources Framework that allows individuals, in both formal and informal roles, to enhance their skills, knowledge and abilities as current or future leaders and managers within the Department of Justice. The HR Framework will provide the roadmap as to the vision, strategies and initiatives that will be undertaken to build a sustained, aligned and competent leadership and management cadre.
Other leadership initiatives already underway that will support this framework will continue, including the learning component of the twenty participants in the pilot Justice Leaders of Tomorrow Program. This developmental program will enhance the participants' key leadership competency skills sets, such that they are better prepared for any future management competitions in the Department of Justice; as well as the activities being planned in support of the newly launched departmental Leaders Network that provides supervisors, managers and individuals with an interest in management or leadership issues, with information and tools to help them fulfil their roles effectively and efficiently.
DOJ will also continue to build momentum to be seen as a leader in relation to HR Modernization. Initiatives will be developed and delivered to ensure that managers and supervisors are able to take full advantage of the modernization flexibilities in their human resources management plans and decisions. In support of this, opportunities will be identified to streamline business processes through the use of technology, continued efforts will be made in support of effective integrated business and human resources planning processes, and further plans will be directed at continuing to build the capacity of managers to more effectively and efficiently carry out their responsibilities and accountabilities in the area of human resources management.
The unionization of lawyers and the introduction of collective bargaining as a result of the new Public Service Labour Relations Act will continue to be a key factor in any of the initiatives undertaken in the area of human resources. Recognizing that lawyers make up more than half of the departmental workforce, there will be a huge impact on the culture of the Department requiring change management initiatives to deal with the challenges and opportunities that this will bring about. Targeted awareness sessions on unionization will continue to be offered to assist managers with the transition, the management of unionized workforce, the impact of the changes on the individual and the organization as well as the development of a partnership with the new bargaining agent. The sessions being planned over the next two fiscal years are essential to getting departmental managers to understand the PSLRA provisions and embrace the change and the spirit of collaborative labour-management relationships and will ensure that the change is fully integrated in the business and corporate culture of the organisation.
Establishing a sustainable funding strategy
The Review of Legal Services to Government launched in 2004-05 had the following two key objectives:
The Review was undertaken in collaboration with the Treasury Board Secretariat. In 2004-05 and 2005-06, the Review formulated a preliminary series of recommendations related to legal services delivery models, funding models, government approaches for improving the management of litigation, and to efficiencies in the management of legal services delivered to government departments. The Department of Justice consulted government departments and agencies on these preliminary recommendations. Findings and results from these consultations have informed the final Review recommendations.
In 2006-07, the Department of Justice completed its work on the Review of Legal Services. The Department of Justice obtained approval for the implementation, on April 1, 2007, of a net voting regime for the appropriate spending of revenues received from departments and agencies for the legal services rendered. Treasury Board approved the reliance on a mix of Justice appropriations and recoveries from departments and agencies to fund the provision of legal services to Government. Throughout the year, the Department of Justice worked closely with the Treasury Board Secretariat and with departments and agencies to further elaborate operational practices pertaining to the implementation of the recovery model in Government. The finding and final recommendations from the Review of Legal Services as well as the rate structure and annual legal services rates will be presented to TB Ministers for approval in March 2007.
During 2007-08, the Department of Justice will monitor the implementation of the legal services funding and recovery model and continue to work closely with the Treasury Board Secretariat and with departments and agencies to ensure the sustainable, efficient and effective delivery of legal services in Government.
The Department of Justice exists by virtue of the Department of Justice Act, first passed in 1868. The Act establishes the Department's role and sets out the powers, duties and functions of the Minister of Justice and the Attorney General of Canada.
In addition to this general enabling statute, the Minister and the Department have responsibilities under a number of other laws. These range from fairly routine matters, such as tabling the annual report of an agency in Parliament, to broader responsibilities, such as the obligation to review all government bills and regulations for compliance with the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Statutory Instruments Act. The laws for which the Minister has sole or shared responsibility to Parliament are listed below.12
Access to Information Act, R.S. 1985, c. A-1 (responsibility shared with the President of the Treasury Board13).
Annulment of Marriages Act (Ontario), R.S.C. 1970, c. A-14. Anti-Terrorism Act, S.C. 2001, c. 41.
Bills of Lading Act, R.S. 1985, c. B-5 (responsibility shared with the Minister of Transport).
Canada Evidence Act, R.S. 1985, c. C-5.
Canada-United Kingdom Civil and Commercial Judgments Convention Act, R.S. 1985, c. C-30.
Canada Prize Act, R.S.C. 1970, c. P-24.
Canadian Bill of Rights, S.C. 1960, c. 44; reprinted in R.S.C. 1985, Appendix III.
Canadian Human Rights Act, R.S. 1985, c. H-6.
Civil Marriage Act, 2005, c, 33
Commercial Arbitration Act, R.S. 1985, c. 17 (2nd Supp.).
Courts Administration Service Act, S.C. 2002, c. 8.
Contraventions Act, S.C. 1992, c. 47.
Criminal Code, R.S. 1985, c. C-46 (responsibility shared with the Solicitor General of Canada,14 and the Minister of Agriculture and Agri-Food (s. 204)).
Crown Liability and Proceedings Act, R.S. 1985, c. C-50.
Department of Justice Act, R.S. 1985, c. J-2.
Divorce Act, R.S. 1985, c. 3 (2nd Supp.).
Escheats Act, R.S. 1985, c. E-13.
Extradition Act, S.C. 1999, c. 18.15
Family Orders and Agreements Enforcement Assistance Act, R.S. 1985, c. 4 (2nd Supp.).
Federal Courts Act, R.S. 1985, c. F-7.16
Federal Law-Civil Harmonization Act, No.1, S.C. 2001, c. 4.
Firearms Act, S.C. 1995, c. 39. 17
Foreign Enlistment Act, R.S. 1985, c. F-28.
Foreign Extraterritorial Measures Act, R.S. 1985, c. F-29.
Garnishment, Attachment and Pension Diversion Act, R.S. 1985, c. G-2 (responsibility shared with the Minister of National Defence, Minister of Public Works and Government Services, and Minister of Finance18).
Identification of Criminals Act, R.S. 1985, c. I-1.
International Sale of Goods Contracts Convention Act, S.C. 1991, c. 13.
Interpretation Act, R.S. 1985, c. I-21.
Judges Act, R.S. 1985, c. J-1.
Marriage (Prohibited Degrees) Act, S.C. 1990, c. 46.
Modernization of Benefits and Obligations Act, S.C. 2000, c. 12.
Mutual Legal Assistance in Criminal Matters Act, R.S. 1985, c. 30 (4th Supp.).
Official Languages Act, R.S. 1985, c. 31 (4th Supp.).
Postal Services Interruption Relief Act, R.S. 1985, c. P-16.
Privacy Act, R.S. 1985, c. P-21 (responsibility shared with the President of the Treasury Board19).
Revised Statutes of Canada, 1985 Act, R.S. 1985, c. 40 (3rd Supp.).
Security Offences Act, R.S. 1985, c. S-7.
Security of Information Act, R.S. 1985, c. O-5.
State Immunity Act, R.S. 1985, c. S-18.
Statute Revision Act, R.S. 1985, c. S-20.
Statutory Instruments Act, R.S. 1985, c. S-22.
Supreme Court Act, R.S. 1985, c. S-26.
Tax Court of Canada Act, R.S. 1985, c. T-2.
United Nations Foreign Arbitral Awards Convention Act, R.S. 1985, c. 16 (2nd Supp.).
Youth Criminal Justice Act, S.C. 2002, c. 1 (replaces Young Offenders Act, R.S. 1985, c. Y-1).
For more information about the management terms used in this document, please consult the Treasury Board Secretariat's Lexicon for RPP: http://www.tbs-sct.gc.ca/est-pre/20052006/lex-eng.asp
For more information about the Department of Justice, please consult the following electronic publications:
About the Department of Justice
Access to Justice in Both Official Languages Support Fund
Department of Justice Evaluation Reports
Department of Justice Internal Audit Reports
Departmental Performance Report
Public Legal Education and Information
Report on Plans and Priorities, 2005-2006
Research and Statistics
Sustainable Development Strategy, 2004-2006
The Department of Justice produces many publications and reports on a variety of subjects. For a complete listing, please visit the Publications page on our Internet site: http://www.justice.gc.ca/en/dept/pub/subject_index.html.
12 This list, prepared in February 2004, is an unofficial version for information only.
13 Responsibility shared with the President of the Treasury Board in the following manner: Minister of Justice (for purposes of paragraph (b) of the definition of "head" in section 3, subsection 4(2), paragraphs 77(1) (f) and (g) and subsection 77(2)); and the President of the Treasury Board (for all other purposes of the Act) (SI/83-108).
14 The portfolio of the Solicitor General of Canada was replaced by the portfolio of Public Safety and Emergency Preparedness on December 12, 2003. The legislation has not yet been amended to reflect this.
15 Section 84 of the new Extradition Act, 1999, c. 18, provides that the repealed Act (R.S. 1985, c. E-23) applies to a matter respecting the extradition of a person as though it had not been repealed, if the hearing in respect of the extradition had already begun on June 17, 1999.
16 Formerly the Federal Court Act. The title was amended to the Federal Courts Act in the Courts Administration Service Act, S.C. 2002, c. 8, s. 14.
17 The Firearms Program was transferred to the Solicitor General (Public Safety and Emergency Preparedness as of December 12, 2003, although the legislation has not yet been amended to reflect this change) as of April 14, 2003. See SOR/2003-145.
18 Responsibility shared in the following manner: (a) Minister of Justice and Attorney General of Canada, General (Part I) (SI/84-5), and for the purposes of sections 46 and 47 of the Act, items 12 and 16 of the schedule to the Act and the other provisions of Part II of the Act as those provisions
relate to the Judges Act (SI/84-6); (b) the Minister of National Defence, for the purposes of the provisions, except sections 46 and 47, of Part II of the Act as those provisions relate to the Canadian Forces Superannuation Act and the Defence Services Pension Continuation Act (SI/84-6); (c) the Minister of Finance, for the purposes of the provisions, except sections 46
and 47, of Part II of the Act as those provisions relate to the Members of Parliament Retiring Allowances Act (SI/84-6); and (d) the Minister of Public Works and Government Services, for the purposes of the provisions, except sections 46 and 47, of Part II of the Act as those provisions relate to
(i) the Governor General's Act,
(ii) the Lieutenant Governor's Superannuation Act,
(iii) the Diplomatic Service (Special) Superannuation Act,
(iv) the Public Service Superannuation Act,
(v) the Civil Service Superannuation Act,
(vi) the Royal Canadian Mounted Police Superannuation Act, Part I,
(vii) the Royal Canadian Mounted Police Pension Continuation Act, Parts II and III,
(viii) the Currency, Mint and Exchange Fund Act, subsection 15(2) (R.S. 1952, c. 315)
(ix) the War Veterans Allowance Act, subsection 28(10),
(x) regulations made under Vote 181 of Appropriation Act No. 5, 1961, and
(xi) the Tax Court of Canada Act (SI/84-6).
19 Responsibility is shared in the following manner: Minister of Justice, for purposes of paragraph (b) of the definition of "head" in section 3, subsection 12(3), paragraphs 77(1) (a), (d), (g) and (l) and subsection 77(2); President of the Treasury Board, for all other purposes of the Act (SI/83109).