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The original version was signed by
The Honourable Rob Nicholson
Minister of Justice and Attorney General of Canada
Strategic Outcomes and Program Activity Architecture
Program Activity A1: Justice policies, laws and programs
Program Activity A2: Office of the Federal Ombudsman for Victims of Crime
Program Activity B1: Services to Government
Program Activity C1: Internal Services
I am pleased to present the Department of Justice’s strategic plan for 2009-2010.
This document outlines how the Department intends to deliver on its dual mandate – maintaining the integrity of the justice system and helping improve access to justice; and providing effective and responsive legal and legislative services to the federal government.
Over the coming year, tackling crime and ensuring safe and secure communities will remain a priority for our Government. Legal provisions will continue to be strengthened in key areas such as organized crime, gang violence, gun crimes, identity theft, drug-related offences and youth crime. These provisions, while helping to promote efficiencies in the criminal justice system, will also better protect Canadians.
The Department will continue to provide legal support to departments and agencies that work to ensure sound budgeting, secure jobs for Canadians, expand investment and trade and play a key role in reforming global finance.
The Department also remains committed to management excellence through participating in initiatives to improve transparency and accountability to Parliament and Canadians. I am pleased to say that my Department’s management performance ratings have been steadily increasing, and I recognize the professionalism and expertise of our employees.
I look forward to continuing to work with our partners in all levels of government, the legal community and all Canadians toward an efficient and accessible justice system.
The Honourable Rob Nicholson
Minister of Justice and Attorney General of Canada
The justice system defines and prescribes the balance between collective and individual rights and responsibilities that ensure a well-ordered society. As such, it affects almost every facet of Canadians’ daily lives; from guiding everyday activities that ensure our safety to supporting social policies and social benefits, regulating our economy, and offering ways to resolve disputes peacefully where there are disagreements or conflicts between individuals, organizations or governments.
Maintaining a system that serves all Canadians is a central focus for the Department of Justice Canada, which strives to ensure that the system remains fair, accessible and efficient as it evolves in response to social change.
The Department of Justice plays an important role in supporting the Government of Canada’s priority of protecting Canadian families and communities. Furthermore, as a federal organization, the Department supports all of the Government’s priorities, directly or indirectly, by providing an integrated suite of common legal services to federal departments and agencies.
The Department of Justice is headed by the Minister of Justice and Attorney General of Canada. The responsibilities associated with the dual role of Minister of Justice and Attorney General are set out in the Department of Justice Act and some 47 other Acts of Parliament. The Department of Justice fulfils three distinctive roles within the Government of Canada, acting as:
In supporting the Minister of Justice and Attorney General of Canada, the Department of Justice strives to attain two strategic outcomes: (i) a fair, relevant and accessible justice system that reflects Canadian values; and (ii) a federal government that is supported by effective and responsive legal services.
The Department of Justice’s two strategic outcomes reflect the dual responsibilities of the Minister of Justice and Attorney General of Canada. While the Minister of Justice is concerned with questions of policy, particularly as these relate to his role as a steward of the Canadian justice system, the Attorney General is the chief law officer for the Crown.
In support of the first strategic outcome, the Department has two program activities — Justice policies, laws and programs, and the Office of the Federal Ombudsman for Victims of Crime. The Department’s program sub-activities (i.e. criminal justice, family justice, access to justice, Aboriginal justice, and private international and public law) in support of the first strategic outcome reflect the specific domains within which the Department supports the government’s legal policy and program initiatives.
In support of its second strategic outcome, the Department has one program activity — Services to government. Through this program activity, the Department delivers an integrated suite of common legal advisory, litigation and legislative drafting services through a portfolio structure to government departments and agencies. These services support overall government priorities and promote respect for the rule of law and the Constitution.
Finally, in support of both strategic outcomes, the fourth program activity — Internal Services — provides governance and management support, resources management services as well as asset management services to the Department.
The graphic presentation of the Program Activity Architecture provided below gives an overview of the activities and programs for which the Department is responsible, and reflects how strategic outcomes, program activities, and sub-activities are linked to provide results for Canadians.
Strategic Outcomes | A fair, relevant and accessible justice system that reflects Canadian values | A federal government that is supported by effective and responsive legal services | |
A1 Justice policies, laws and programs | B1 Services to government | C1 Internal services | |
A1.1 Criminal justice A1.2 Family justice A1.3 Access to justice A1.4 Aboriginal justice A1.5 Private international and public law |
B1.1 Legal services to government-at-large and the Justice Portfolio B1.2 Legal services to the Aboriginal Affairs Portfolio B1.3 Legal services to the Business and Regulatory Law Portfolio B1.4 Legal services to the Central Agencies Portfolio B1.5 Legal services to the Citizenship, Immigration and Public Safety Portfolio B1.6 Legal services to the Tax Law Portfolio |
C1.1 Governance and Management Support C1.2 Resource Management Services C1.3 Asset Management Services |
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A2 Office of the Federal Ombudsman for Victims of Crime |
2009-2010 | 2010-2011 | 2011-2012 |
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924.5 | 907.0 | 898.5 |
2009-2010 | 2010-2011 | 2011-2012 |
---|---|---|
4,520 | 4,520 | 4,512 |
For fiscal year 2009-2010, departmental planned spending is estimated as $924.5M. In order to deliver on its mandate, the Department will employ approximately 4,520 full-time equivalents (FTE). The table below outlines what results will be achieved for Canadians with the resources appropriated by Parliament.
Performance Indicators | Targets |
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Program Activity | Forecast Spending 2008-2009 ($ millions) |
Planned Spending | Alignment to Government of Canada Outcomes | ||
---|---|---|---|---|---|
2009-2010 | 2010-2011 | 2011-2012 | |||
A1. Justice policies, laws and programs | 436.9 | 431.5 | 424.1 | 417.4 | Safe and secure communities |
A2. Office of the Federal Ombudsman for Victims of Crime | 1.2 | 1.3 | 1.3 | 0.0 | Safe and secure communities |
Total Planned Spending | 438.1 | 432.8 | 425.4 | 417.4 |
Performance Indicators | Targets | ||||
---|---|---|---|---|---|
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Program Activity | Forecast Spending 2008-2009 ($ millions) |
Planned Spending | Alignment to Government of Canada Outcomes | ||
---|---|---|---|---|---|
2009-10 | 2010-11 | 2011-12 | |||
B1. Services to government | 483.6 | 381.3 | 372.2 | 372.0 | Provision of government services |
Total Planned Spending | 483.6 | 381.3 | 372.2 | 372.0 |
In addition to and in support of these Strategic Outcomes, the Department allocates significant financial and human resources to Program Activity C1. Internal Services.
Program Activity | Forecast Spending 2008-2009 ($ millions) |
Planned Spending | Alignment to Government of Canada Outcomes | ||
---|---|---|---|---|---|
2009-10 | 2010-11 | 2011-12 | |||
C1. Internal Services1 | 0.0 | 110.4 | 109.4 | 109.1 |
Safe and secure communities Provision of government services |
Total Planned Spending | 0.0 | 110.4 | 109.4 | 109.1 |
1 Starting in 2009-2010, departments are required to report internal services separately. In previous years, funding for internal services was embedded in Strategic Outcomes I and II.
Operational Priorities | Type | Linked to Strategic Outcome: | Description |
---|---|---|---|
Develop law reform proposals in support of safe and secure communities | Previously committed to | SO I | Strengthen the law in key areas such as youth crime, organized and gang-related crime, identity theft and drug-related offences. |
Directly and indirectly support implementation of government priorities through the provision of high-quality legal services | Ongoing | SO II | On a portfolio-by-portfolio basis, provide critical legal services that support client departments to implement government priorities. |
Management Priorities | Type | Linked to Strategic Outcome: | Description |
---|---|---|---|
Transform the Departmental Law Practice Model for the delivery of legal services across government | New | SO II | Creating efficiencies in the management of resources devoted to the delivery of legal services across government through closer monitoring and matching of assigned work based on required legal practitioner competencies. |
Improved support for law practice management across government | Ongoing | SO II | Enhance law practice management capacity and practices through the development and enhancement of tools and processes related to knowledge management, legal risk management, legal information and systems and quality assurance. |
Renewal of our legal practitioner work force | Previously commited to | SO I and SO II | Renewing the legal practitioner work force in light of demographic changes will require integrated planning, targeted recruitment, employee development and retention strategies and a commitment to diversity in the workplace. |
Legal services to government
There are three interrelated sets of risks that can have significant impacts on our capacity to continue to deliver high-quality legal services to government. The first risk revolves around our ability to continue to retain and recruit the best and the brightest legal professionals in the face of significant competitive pressures from other public sector organizations — particularly the provincial governments. To mitigate the potential negative impacts, we are developing initiatives to renew our work force in light of the significant demographic shifts in Canada, including the aging of the work force and the increasingly diverse nature of the population.
A second area of risk is our capacity to continue to adapt effectively to the rapidly evolving nature and complexity of the substantive issues and priorities of the government and the associated need for legal services. To mitigate this set of risks the Department works closely with client departments to identify legal risks and to jointly develop mitigation strategies. In addition, the Department is transforming its law practice model in order to address the changing nature of our work.
The third set of risks concerns our capacity to address the rapid changes in law practice management — particularly the sheer growth in the speed and volume of information that is crucial to effective management of the government’s law practice. In this regard, the Department focuses on developing and enhancing tools and systems to support effective knowledge management, legal risk management, and quality assurance.
Justice policies, laws and programs
Many factors influence our operating environment and thus pose potential risks to our capacity to effectively deliver on Justice policies, laws, and programs. Primary among these is the increasingly complex and interrelated nature of the issues and pressures for which Canadians rely on the justice system, which in turn has significant impacts on the processes of policy development and law reform.
To mitigate the associated risks, and in recognition that the justice system is multi-tiered and beyond the capacity of the Department alone to influence, we work with others, including the police, the judiciary, provincial governments, and non-governmental and community-based organizations to develop innovative ideas about how to improve access to justice, while respecting Canadians’ the diverse nature and needs.
As may be seen in the following chart, with the exception of fiscal year 2007-2008, the Department has consistently experienced a slight increase in spending. This constant growth is primarily the result of increasing demand for legal advisory, litigation and legislative services from other government departments and agencies, and transfers to provinces and territories.
In 2007-2008, the Department of Justice’s budgets and spending were reduced by $102 million as a result of the creation of the Public Prosecution Service of Canada (PPSC) in December 2006.
In 2008-2009, the Department is forecasting an increase in spending of $54 million. These additional costs supported the implementation of programs to promote access to the justice system in both official languages, to provide legal aid for those facing charges under the Public Safety and Anti-Terrorism Act and support the National Anti-Drug Strategy. The Department also saw an increase in spending on legal services to other departments in support of government priorities in the areas of Aboriginal affairs, the environment, health, and public safety and security.
In fiscal year 2009-2010, the Department plans to spend $432.8 million to promote a fair, relevant and accessible justice system that reflects Canadian values; $381.3 million (including cost recoveries) to ensure that the federal government is supported by effective and responsive legal services; and $110.4 million for internal support services.
Voted and Statutory Items
This table illustrates the way in which Parliament approved Justice resources, and shows the changes in resources derived from supplementary estimates and other authorities, as well as how funds are to be spent.
Vote # or Statutory Item (S) | Truncated Vote or Statutory Wording | 2008-09 Main Estimates |
2009-10 Main Estimates |
---|---|---|---|
1 | Operating expenditures | 265.4 | 257.4 |
5 | Grants and contributions | 367.5 | 370.5 |
(S) | Contributions to employee benefit plans | 63.3 | 61.4 |
(S) | Minister of Justice—Salary and motor car allowance | 0.1 | 0.1 |
Total Department of Justice2 | 696.3 | 689.4 |
2 Main estimates exclude the funds provided under Net Voting Authority (cost recoveries) except EBP portion.
The Department of Justice works with partners across the federal, provincial and territorial levels of governments and with stakeholders across Canada to develop and maintain a fair, relevant and accessible justice system that reflects Canadian values.
There are three core expected results related to this strategic outcome:
The Department seeks to attain this strategic outcome through two program activities: Justice policies, laws and programs and the Office of the Federal Ombudsman for Victims of Crime.
Program Activity Expected Results | Performance Indicators | Targets |
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Sustainable national justice system |
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Establish baselines |
Under Canada’s federal system, the administration of justice is an area of shared jurisdiction between the federal government and the provinces. Through this program activity, the Department fulfills its constitutional responsibility to ensure a bilingual and bijural national legal framework for the administration of justice by developing policies, laws and programs to strengthen the national framework within the following domains: criminal justice; family justice; access to justice; Aboriginal justice; and private international and public law.
As well, in recognition of the federal government’s shared interest in a sustainable justice system, the Department also provides significant ongoing funding to provinces and territories for the delivery of programs that directly support federal policy objectives, including legal aid, youth justice services, and the Aboriginal justice services.
The Department has five sub-activities that support its policies, laws and programs. The remainder of this section highlights (for each program sub-activity) some of the major initiatives upon which the Department will be engaged in 2009-2010.
Expected Results |
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Performance Indicators |
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Summary
Canadians rely on the justice system to ensure a safe, secure society. The Department strives to ensure a fair, relevant and accessible justice system for Canadians by developing options for criminal law reform.
Criminal Law Reform
Criminal justice activities derive from the Minister’s responsibilities under the Department of Justice Act and the Constitution Act, which state that criminal law — not including the constitution of the courts of criminal jurisdiction, but including criminal procedure — is a matter of exclusive federal authority. In essence, the Criminal Justice Program supports the Minister’s core role in establishing and promoting effective and responsive criminal law in Canada. As such, the programs monitor trends in criminal law, develop and implement options for criminal law reform, and provide a centre of expertise for criminal law and procedure, criminal justice policy, evidence law, sentencing, and victims issues.
Youth Justice
The youth justice system applies criminal and correctional law to youth between 12 and 18 years of age at the time of the alleged offence to hold them accountable for their crimes through processes and proportionate penalties adjusted for the age of the youth and that promote rehabilitation. As part of its mandate, the Department of Justice implements policies, programs, and laws, and develops options for policy, program and legislative reform to achieve a fairer and more effective system that responds to emerging youth criminal justice issues. To do so, the Department monitors trends, recommends amendments to the Youth Criminal Justice Act, and provides various levels of funding to the provinces and territories to encourage support for federal and national justice priorities through the administration of justice. Also, grant and contribution project funds are available through the Youth Justice Fund for non-governmental organizations, youth justice stakeholders, Aboriginal organizations, and provinces and territories to help promote and implement alternative approaches to youth justice practices.
Victims of Crime
The Department of Justice coordinates the federal Victims of Crime Strategy, including all relevant federal legislation and programs within the Justice mandate. The Department works with the provinces and territories to develop policies and projects aimed at enhancing the role of the victim in the criminal justice system and achieving a better balance between the rights of victims and offenders.
International Criminal Justice
Globalization and technological developments have led to a rapid increase in transnational crime that threatens the security of Canadians. Domestic means alone cannot effectively deal with these transnational criminal activities; there is a need for a coordinated international response. The Department of Justice advances Canadian interests in the development of global anti-crime and terrorism measures, and assists other countries with domestic crime problems that can affect the safety of Canadians at home.
The participation of Justice officials in intergovernmental bodies over the past year has expanded the capacity and knowledge base for criminal law policy development in Canada, articulated Canadian knowledge and values internationally, and served Canada’s global interests in preventing and suppressing crime, while promoting the rule of law, human rights and principles of sustainable development.
Criminal Law Reform — coordinating and leading consultations with provinces and territories as well as other stakeholders to:
Youth Justice:
Victims of Crime — continue working with the Federal-Provincial-Territorial Working Group on Victims of Crime, the Victim Advisory Committee, and other partners to:
International Criminal Justice — enhance capacity to work with international partners in dealing with global crime and security threats promptly and effectively by:
Expected Results |
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Performance Indicators |
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Summary
In support of Family Justice, the Department contributes to the development and maintenance of a family justice system that tailors decisions to the individual needs of families, including children experiencing separation or divorce. The Department develops and implements policy and program initiatives and family law reforms in consultation with the provinces and territories. Specifically, the Department provides analysis, advice and litigation support in areas of marriage, divorce, and child support, as well as enforcement of support and custody or access.
Furthermore, the Department administers the Family Law Assistance Services (FLAS), maintains the Central Registry of Divorce Proceedings (CRDP), and supports enforcement services of the provincial and territorial Maintenance Enforcement Programs (MEPs).
Expected Results |
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Performance Indicators |
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Summary
Access to justice initiatives provide an important structural support to an efficient and effective justice system, and as such underpin public confidence in the justice system. The provision and funding of access to justice is a shared jurisdiction between the federal government and the provinces and territories.
The Department works with provinces and territories and with non-governmental and community-based organizations to develop and implement policies and laws that enhance access to justice, including access to justice in both official languages, while respecting the diverse nature and needs of all Canadians.
Among its various activities, the Department provides significant, ongoing funding to the provinces for criminal legal aid. Under this program, economically disadvantaged adults facing serious and/or complex criminal charges and youths charged under the Youth Criminal Justice Act receive legal aid services. In the territories, federal funding for criminal and civil legal aid is provided through access to justice services agreements that also integrate support for the Aboriginal Courtwork Program and public legal education and information services.
Over the next year, the Department will focus on implementing new legal aid agreements and will continue to work in collaboration with jurisdictions to develop a sustainable legal aid strategy.
Expected Results |
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Performance Indicators |
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Summary
Within this domain, the Department develops and implements policies and laws aimed at addressing the needs of Aboriginal people in the justice system. It has been widely documented that Aboriginal people continue to be overrepresented in the Canadian criminal justice system, both as victims and as accused. The needs of Aboriginal people related to culture, economic position and/or social circumstances must be taken into account to make the system more relevant and effective.
The Department takes specific measures to respond to the overrepresentation of Aboriginal people in the justice system through initiatives such as the Aboriginal Justice Strategy (AJS) and the Aboriginal Courtwork Program (ACW). The AJS strengthens the justice system by enabling Aboriginal communities to have increased involvement in the local administration of justice and by providing timely and effective alternatives to mainstream justice processes in appropriate circumstances, thereby allowing the mainstream system to focus its energies and resources on more serious offences.
The Department also improves access to justice for Aboriginal people by providing ongoing contribution funding to the provinces for the Aboriginal Courtwork Program to ensure that Aboriginal people in contact with the criminal justice system receive fair, equitable, and culturally sensitive treatment. The Aboriginal Courtwork Program works within the mainstream justice system to provide direct services (information, non-legal advice and referrals) to all Aboriginal people (both adults and youth) in conflict with the justice system, and it facilitates communication between the accused and criminal justice officials.
Expected Results |
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Performance Indicators |
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Summary
The Minister of Justice has policy responsibilities for a number of public law statutes, including but not limited to the Access to Information Act, the Privacy Act, the Judges Act, the Canadian Human Rights Act, and statutes constituting the federal courts, the Tax Court and the Supreme Court. The Department also provides support to the Minister in relation to his portfolio responsibilities for the Offices of the Information and Privacy Commissioners, the Canadian Human Rights Commission, and the Canadian Human Rights Tribunal.In the area of international private law, the federal government has the authority to negotiate, sign and ratify international treaties by virtue of the Crown prerogative. The Department of Justice ensures Canada is an active and respected member of four international multi-lateral legal organizations: the United Nations Commission on International Trade Law; the Hague Conference on Private International Law; the International Institute for the Unification of Private Law; and the Organization of American States’ Inter American Specialized Conference on Private Law.
The Office of the Federal Ombudsman for Victims of Crime was established in 2007—2008. The Ombudsman operates at arm's length from the federal departments responsible for victim issues, namely the Department of Justice and the Department of Public Safety. The Ombudsman reports directly to the Minister of Justice3 and is therefore outside the Department’s governance framework. The Office is physically housed within the Department of Justice which also provides it with corporate services support.
The mandate of the Federal Ombudsman for Victims of Crime relates exclusively to matters of federal responsibility and includes:
3 The Federal Ombudsman tables his reports to Parliament through the Minister of Justice. For further information regarding the Office of the Federal Ombudsman for Victims of Crime, please consult http://www.victimsfirst.gc.ca
Under the Department of Justice Act, the Minister of Justice and Attorney General provides legal services to the federal government and its department and agencies. In particular, under section 4 of the Act, the Minister is identified as the legal member of the Queen’s Privy Council responsible for seeing that the administration of public affairs is in accordance with the law. Under section 5 of the Act, the Attorney General is responsible for advising the heads of government departments on all matters of law and for conducting all litigation for or against any federal department or agency of the Crown in respect of any subject within the authority or jurisdiction of Canada.
There are two ongoing expected results related to this strategic outcome:
The Department seeks to attain this strategic outcome through one program activity — Services to Government.
Program Activity Expected Results | Performance Indicators |
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Representing the Crown’s interest to enable the government to attain its priorities |
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Representing the Crown’s interest to enable the government to attain its priorities |
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Client-focused service delivery |
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The Department provides an integrated suite of common legal advisory, legislative and regulatory drafting and litigation services to help departments and agencies meet their policy and programming priorities and advance the overall objectives of the government.
The alignment of legal services to government priorities is achieved in particular through annual joint Department of Justice and client department planning and prioritizing of the provision of legal services and a shared understanding of the impacts on legal risks. In addition, senior departmental officials regularly interact with their colleagues in their client departments and in central agencies. As a result, adjustments are made from time to time to maintain focus on government priorities.
As the government’s legal advisor, the Department delivers services through five portfolios — Aboriginal Affairs; Business and Regulatory Law; Central Agencies; Citizenship, Immigration and Public Safety; and Tax Law Services. Through this portfolio structure, the Department provides advisory, non-criminal litigation and legislative / regulatory drafting services to federal departments and agencies.
Additionally, through the Justice Portfolio, the Department maintains specialized expertise in order to be able to act as a core resource for federal government departments and the government as a whole on highly specialized areas of the law, on litigation as well as on the drafting of legislation and regulations.
The Department provides the legal services through:
Summary
The Aboriginal Affairs Portfolio provides expert legal and legal policy advice to the Crown and to client departments, notably Indian and Northern Affairs Canada (INAC), on a broad range of Aboriginal law issues that affect government as a whole. These issues include Aboriginal rights and title, duty to consult, treaty rights, the fiduciary relationship of the Crown with Aboriginal peoples, and constitutional and Charter issues relating to Aboriginal law, and more broadly the role of the law in support of the honour of the Crown and reconciliation between the Crown and Aboriginal Canadians.
Summary
The Business and Regulatory Law Portfolio is responsible for providing legal services to 20 client departments and agencies. Issues include environmental protection, transportation regulatory matters, fisheries management and health protection, intellectual property, energy projects, cultural protection, international development, etc.
Counsel and paralegals in this Portfolio provide legal advice to clients, help manage legal risk, conduct and support cases in court brought by, or against, the Crown, and assist in the development of regulations and legislation. Many of the key clients maintain extensive national presence, and the Portfolio thus delivers services to regional client departments in most provinces and territories through the network of departmental regional offices across Canada.
Summary
The Central Agencies Portfolio serves the Department of Finance, the Treasury Board Secretariat, the Canada Public Service Agency, the Canada School of Public Service, the Public Service Commission, the Office of the Superintendent of Financial Institutions, the Financial Transactions and Reports Analysis Centre of Canada, and the Financial Consumer Agency of Canada. The Portfolio provides integrated legal advisory, non-criminal litigation and drafting services on fiscal, economic, and tax issues, federal-provincial fiscal arrangements, financial services, social affairs, accountability, machinery of government, comptrollership, human resources management, labour and employment law, financial sector practices, financial institutions, banking, money laundering, terrorist financing, commercial law, and Crown law issues.
Summary
The Citizenship, Immigration and Public Safety (CIPS) Portfolio provides legal advisory, legislative and litigation services to federal organizations whose mandates include citizenship, immigration, multicuturalism, combating war crimes, the promotion of public safety and emergency preparedness, and national defence. These organizations are: Citizenship and Immigration Canada, the Canadian Forces and the Department of National Defence, the Communications Security Establishment, Public Safety Canada, the Canada Border Services Agency, the Canadian Security Intelligence Service, the Royal Canadian Mounted Police, the Correctional Service of Canada, and the National Parole Board. The CIPS Portfolio is also responsible for managing the Department of Justice’s Crimes Against Humanity and War Crimes Program.
Summary
The Tax Law Services Portfolio is a comprised of approximately 300 counsel dedicated to providing legal services to the Canada Revenue Agency (CRA). Tax Law Services offices are located at CRA headquarters, Department of Justice headquarters, and in all Justice’s regional offices. Portfolio legal services for the CRA include representing the Crown in all tax matters, such as appeals filed to the courts by taxpayers, as well as collection matters, EI /CPP insurability appeals, civil law suits and class actions. Additionally, the Portfolio assists the CRA through legal advice in respect of corporate issues and all income tax, commodity tax and benefit programs. Portfolio counsel provide legal advice as members of the CRA’s work teams during the implementation of specific initiatives outlined in the government’s priorities. The Portfolio works in close collaboration with the CRA to develop amendments to tax-related legislation, to articulate fiscal policies, and to administer Canadian tax regimes. Portfolio counsel also work to ensure that fiscal laws are upheld and that the CRA has the legal support it needs to ensure that taxpayers meet their obligations and to protect Canada’s revenue base.
Summary
The Department also provides legal services through the Justice Portfolio to the Minister of Justice and Attorney General of Canada as well as, in situations where the interests affect the government at large (i.e. the issues are broader than one portfolio).
The Justice Portfolio consists of three specialized groups within the Department: the Public Law Sector, the Litigation Branch, and the Legislative Services Branch. The Portfolio provides specialized legal advisory, litigation and legislative services to all government departments and agencies both directly and indirectly, by supporting the five other operational Department portfolios.
Furthermore, the Department's involvement in the Public Security and Anti-terrorism (PSAT) Initiative is managed within this Portfolio, and includes legislative support and policy development, legal advice and assistance, as well as prosecutions and civil litigation. This also includes a new responsibility for the Attorney General — the protection of sensitive federal government information.
Public Law Sector
Through the Public Law Sector, the Portfolio provides legal advisory services on specialized areas of the law, including constitutional and administrative law, trade law, human rights law, public international law, information law and privacy, and official languages.
Litigation Branch
Through the Litigation Branch, the Portfolio provides functional guidance to ensure the highest quality of representation in the courts and consistency of approach across the country in litigation by or against the Crown. It does so through such mechanisms as the National Litigation Committee, which ensures that the Attorney General's submissions in court reflect the position of the Government of Canada as a whole and not that of a single department on any issue; formal Practice Directives, which set out the position to be adopted by counsel for the Attorney General in specific areas and which define responsibilities of counsel; and the Supreme Court of Canada Committee, which ensures that the oral and written arguments of the Attorney General are of the highest possible quality. The Portfolio also handles litigation by or against the government in a wide range of issues, including constitution, class actions, national security, international legal assistance, and extradition. The Portfolio contributes to the management of legal risks to the government by identifying risks, assessing and communicating them appropriately, and aligning the required resources to correspond to levels of risk.
Legislative Services
Through the Legislative Services Branch, the Department coordinates legislative drafting (bills and regulations) in both official languages to establish the legal framework for government policies and programs. It also provides related advisory services on legislative matters, including law-making powers and processes, legal terminology, linguistic equivalence and comparative law. Bills and regulations are drafted to respect the Constitution, be compatible with both the civil law and the common law traditions, be understandable and operate coherently and effectively with other related laws. 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.
Summary
This program activity supports the Department’s two strategic outcomes. Internal Services are groups of related activities and resources that support the needs of programs and other corporate obligations of an organization. Treasury Board Secretariat has developed standardized categories that all federal organizations use for reporting on internal services. These categories are:
Internal Services include only those activities and resources that apply across an organization, representing indirect overhead, and not those services provided directly to a specific program area.
The following tables are available online through the Treasury Board Secretariat Web site:
The following information is available on the Department of Justice website:
Public Inquiries:
Communications Branch
Telephone: 613-957-4222
TDD/TTY: 613-992-4556
Fax: 613-954-0811
Media Inquiries:
Communications Branch
Telephone: 613-957-4207
Fax:
613-954-0811