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SECTION II: ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOMES

Strategic Outcome I: A fair, relevant and accessible justice system that reflects Canadian values

Strategic Outcome I: A fair, relevant and accessible justice system that reflects Canadian values

[Description]

The responsibility for a fair, relevant and accessible justice system that reflects Canadian values does not lie with the Department of Justice alone. Rather, it involves a broad range of players, including all three branches of the federal government (Parliament, the judiciary, and federal departments and agencies); our partners in the provincial, territorial and municipal levels of government; a broad range of non-governmental organizations and stakeholders; and, ultimately, all Canadians.

The Department plays a major part by carrying out its fundamental role in establishing, maintaining and refining the national legal framework. It also exercises a leadership role in consulting and collaborating with federal, provincial, territorial, municipal and non-governmental partners to identify and address issues that affect the fairness, accessibility and relevance of the Canadian justice system.

This Strategic Outcome is supported by two program activities: Justice policies, laws and programs and the Office of the Federal Ombudsman for Victims of Crime.

Program Activity A1: Justice policies, laws and programs

Overview

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. The Department's focus is in five core domains that include 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 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 Aboriginal justice services.

Human Resources (FTEs) and Planned Spending ($ millions)
2011–12 2012–13 2013–14
FTEs Planned Spending FTEs Planned Spending FTEs Planned Spending
383 $432.0 383 $400.3 383 $395.6

 

Program Activity and Key Sub- Activity Expected Results Performance Indicators* Performance Measurement Strategy
Sustainable national justice system
  • Per capita spending by all levels of government in Canada on the justice system
  • Lag time from charges to court resolution
  • Crime index
Analysis of data from Statistics Canada (Canadian Centre for Justice Statistics) and data collected by the Department of Justice as reference points for those indicators.
Criminal law is reformed to respond to emerging issues
  • Average length of a case
  • Sentence by type and length
Analysis of data from Statistics Canada - Canadian Centre for Justice Statistics
Canadians have a positive perception of the criminal justice system
  • Self-reported victimization
  • Public perceptions of personal safety
  • Public perceptions of the justice system
Increased compliance by parents with the terms and conditions of family support, custody and access obligations
  • Rates of compliance/non-compliance with family law obligations
Analysis of data from the Survey of Maintenance Enforcement Programs
Equitable access to the Justice System
  • Number of stays in proceedings due to lack of counsel
  • Number of instances of court ordered counsel
Department of Justice file review
Increased involvement of Aboriginal communities in the local administration of justice
  • Number of communities with Aboriginal Justice Strategy projects
  • Number of communities undertaking capacity building and training to support the administration of justice programs (year-over-year data)
Analysis of data from the Department of Justice Grants and Contributions Information Management System

* Note: A sustainable national justice system is a shared responsibility between federal, provincial, territorial and municipal governments. As such, the Department of Justice Canada is not in the position to set targets for these indicators.

Planning Highlights for 2011-12

In support of the expected results, the following highlights some of the key activities in which the department will be actively engaged during 2011-12.

Criminal Justice:

  • Provide legal and legal policy advice, and develop law reform proposals, research plans and measures in support of the government's priorities to improve public safety, which include a variety of activities: supporting the progress and passage of key law reform bills, strengthening sentencing, supporting the government's security and anti-terrorism initiatives, and improving criminal procedure
  • Provide advice on the review of the Youth Criminal Justice Act and any resulting legislative, policy, and/or program reforms
  • Continue to lead the interdepartmental National Anti-drug Strategy and to implement Justice Canada components of the Strategy
  • Implement new funding arrangements with the provinces and territories under the Youth Justice Services Funding Program
  • Continue to provide financial contributions to provinces and territories to assist them in delivering Youth Justice Services and Intensive Rehabilitation Custody Supervision Programs
  • Implement a renewed Victims Strategy for 2011-2016 and ongoing
  • Roll-out Victims Fund funding through provinces, territories and NGOs for services dedicated to child victims and witnesses and Aboriginal women victims
  • Continue to implement the Government of Canada's Initiative on Missing and Murdered Aboriginal Women
  • Support the passage of legislative initiatives to better protect children from sexual offenders
  • Work with international partners and continue to provide technical assistance to other countries (through CIDA and DFAIT funded projects) to ensure that domestic legal frameworks adequately support international efforts to combat crime, including organized crime and terrorism
  • Work with international partners to ensure international legal frameworks adequately combat crime, including organized crime and terrorism and with Canadian and United States partners to enhance cross-border law enforcement cooperation

Family Justice:

  • Continue to implement the Supporting Families Initiative (SFI) through family justice services funding agreements with provinces and territories and Public Legal Education and Information (PLEI) project agreements with non-government organizations
  • Strengthen Family Law Assistance Services operations to better meet the demands for service, including systems upgrade for Central Registry Divorce Proceedings and Family Orders and Agreements Enforcement Assistance Act
  • Continue working with provinces, territories and NGOs to promote compliance with child custody, access and family support orders
  • Lead implementation of Justice Canada initiatives under the federal Elder Abuse Initiative (2008-2011) and conduct public opinion research to support the evaluation and possible renewal
  • Implement activities in support of the 2010 budget commitment to address the Murdered and Missing Aboriginal Women, including the creation of a national compendium of promising practices and the development of PLEI materials
  • Work with ethno-cultural communities on pilot projects and adapt PLEI materials relating to family violence to include honour-based violence

Access to Justice:

  • Continue to work in collaboration with provinces and territories to develop a sustainable criminal legal aid strategy including adult and youth justice criminal legal aid, immigration and refugee legal aid, public security and anti-terrorism legal aid and funding for court-ordered defence counsel in federal prosecutions
  • Renew the Legal Aid Program and continue to provide financial contributions to provinces and territories to assist them in delivering legal aid to Canadians
  • Develop policy responses as it pertains to the Special Advocate Regime in response to law reform proposals
  • Continue to implement the training component of the Access to Justice in Both Official Languages Support Fund
  • Continue to work with provincial/territorial governments to ensure successful implementation of the Contraventions Act

Aboriginal Justice:

  • In collaboration with federal, provincial, territorial, Aboriginal and community justice partners, design and implement Aboriginal Justice Strategy renewal beyond 2012
  • In collaboration with federal, provincial, territorial and ACW service delivery agencies, continue work on the ACW renewal strategy
  • Continue work on case studies and community trends analyses as well as a recidivism study to support the AJS summative evaluation which is expected to be completed in 2011-12
  • Complete on-line mapping of AJS and ACW programs
  • Continue work with provincial and territorial government counterparts on programs and initiatives intended to address victimization and violence experienced by Aboriginal people as well as their over-representation in the criminal justice system
Benefits for Canadians

Canadians rely on the justice system to prescribe the balance between collective and individual rights and responsibilities that ensure a safe, secure and resilient society. The justice system 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.

Program Activity A2: Office of the Federal Ombudsman for Victims of Crime

Human Resources (FTEs) and Planned Spending ($ millions)
2011–12 2012–13 2013–14
FTEs Planned Spending FTEs Planned Spending FTEs Planned Spending
* * * * * *

*Note: The funding profile for the Office of the Federal Ombudsman reflects that the initiative is currently scheduled to sunset at the end of fiscal year 2010-11 however, its renewal is being sought by the Department

Overview

The Office of the Federal Ombudsman for Victims of Crime operates at arm's length from the federal departments responsible for victim issues and reports directly to the Minister of Justice. The mandate of the Federal Ombudsman for Victims of Crime relates exclusively to matters of federal responsibility and includes:

  • promoting and facilitating access by victims to existing federal programs and services by providing them with information and referrals;
  • addressing complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act that apply to victims of offenders under federal supervision and providing an independent resource for those victims;
  • promoting awareness among criminal justice personnel and policy makers of the needs and concerns of victims and the applicable laws that benefit victims of crime, including to promote the principles set out in the Canadian Statement of Basic Principles of Justice for Victims of Crime with respect to matters of federal jurisdiction;
  • identifying and reviewing emerging and systemic issues that impact negatively on victims of crime.

Strategic Outcome II: A federal government that is supported by effective and responsive legal services

Strategic Outcome II: A federal government that is supported by effective and responsive legal services

[Description]

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. Under section 4 of the Act, the Minister is the legal member of the Queen's Privy Council responsible for seeing that the administration of public affairs is in accordance with the law. Additionally, under section 4.1, the Minister is responsible for examining all government regulations prior to registration pursuant to the Statutory Instruments Act and all government bills prior to tabling in Parliament to ensure conformity with the Charter of Rights and Freedoms. 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 any federal department or agency of the Crown in respect of any subject within the authority or jurisdiction of Canada.

The Department seeks to attain this strategic outcome through one program activity - Services to Government.

Program Activity B1: Services to Government

Overview

The Department provides an integrated suite of legal advisory, legislative and regulatory drafting and litigation services to assist departments and agencies in meeting their policy and programming priorities and to advance the overall objectives of the government. In delivering these services, the Department provides coherent and coordinated legal advice in the conduct of core and ongoing operations as well as legal awareness training across government, actively defends the Crown's interests before the courts and administrative tribunals, and drafts bills and regulations that give effect to government priorities.

Client departments and agencies have a shared accountability for the government's use of legal services. Consequently, the alignment of legal services to government priorities is achieved through annual joint Department of Justice and client department planning and prioritizing sessions for the provision of legal services and a shared understanding of the volume of legal work and the impacts on legal risks. In addition, senior departmental officials regularly interact with their colleagues in client departments and in central agencies, and make adjustments from time to time to maintain the focus on government priorities.

The delivery of an integrated suite of legal advisory, litigation and legislative services through six portfolios is supported through:

  • specialized legal capacities;
  • a network of 42 departmental legal services units and 4 departmental regulation drafting sections, which are co-located with client departments and agencies; and,
  • a network of regional offices and sub-offices providing legal advisory and litigation services to federal departments and agencies in the North, British Columbia, the Prairies, Ontario, Quebec, and the Atlantic provinces.
Human Resources (FTEs) and Planned Spending ($ millions)
2011–12 2012–13 2013–14
FTEs Planned Spending FTEs Planned Spending FTEs Planned Spending
3,549 $203.8 3,549 $192.7 3,549 $192.7

Note: Planned spending excludes respendable revenue but it includes a portion of the estimated Operating Budget Carry Forward amount related to this program activity in 2011-12.

Program Activity Expected Results Performance Indicators Targets
Comprehensive delivery on the government's legislative agenda
  • Levels of effort dedicated to legislative files
  • Number of bills tabled in Parliament
  • Number of regulations published in the Canada Gazette
  • Number of motions to amend private members bills for which the Department was responsible
Legislative and regulatory drafting services are responsive to the Government's legislative agenda and to Parliamentary business. As such, the identification of numerical targets is not possible.
Legal Advisory services to support the Government in attaining its priorities
  • Levels of effort devoted to providing legal advisory services to government client organizations
Legal advisory services are responsive to client demand. The Department seeks to fully respond to demand, however, the identification of numerical targets is not possible.
Representing the Crown's interest to enable the Government to attain its priorities
  • Levels of effort dedicated to litigation files
  • Trends in levels of assessed risk of the litigation inventory
  • Trends in the settlement of disputes through alternatives to litigation
  • Trends in Crown results for litigation files - final litigation outcome indicators
Litigation services are responsive to external drivers. The Department seeks to fully respond to demand, however, the identification of numerical targets is not possible.
Performance Measurement Strategy: Analyses of Departmental timekeeping and case management systems.
Planning Highlights for 2011-12

The Department provides key legal support on a broad range of files, initiatives, programs and activities to government departments and agencies. The planning highlights below identify some of the key files and activities upon which the Department will be actively engaged in supporting our clients in implementing key Government priorities during 2011-12. The planning highlights are organized into the four broad areas of government spending used to report to Parliament and Canadians through the annual publication Canada's Performance Report3 ; specifically Economic Affairs, Social Affairs, International Affairs and Government Affairs.

Economic Affairs

  • Providing legal support in the development of new initiatives for the delivery of on-line services to Canadians on key programs
  • Providing advice and support with respect to the effectiveness of the regulatory system of major resource projects
  • Supporting the Cohen Commission of Inquiry into the decline of sockeye salmon in the Fraser River in British Columbia
  • Supporting key environmental initiatives such as limiting greenhouse gas emissions from the transportation and industrial sectors, enhancing enforcement authorities, providing support for statutory reviews, namely of Species at Risk Act (SARA) and of the Canadian Environmental Protection Act, 1999 (CEPA)
  • Supporting Indian and Northern Affairs Canada and the Federal Government in fulfilling their strategic priority in implementing the new Framework on Aboriginal Economic Development

Social Affairs

  • Developing the regulatory regime for the Human Pathogens and Toxins Act
  • Supporting the creation of more than 85,000 square kilometres of national parks and marine conservation areas, and creation of Pier 21 museum of immigration
  • Supporting ongoing efforts to reform corrections and parole
  • Supporting the Government and Indian and Northern Affairs Canada in managing issues arising from Aboriginal children's experiences outside of the Indian Residential Schools Settlement Agreement
  • Supporting Indian and Northern Affairs Canada in managing and implementing the Government's Action Plan on Specific Claims "Justice at Last" initiative
  • Supporting the Government of Canada and, in particular, Indian and Northern Affairs Canada, in its leadership role on Aboriginal consultation issues and in fulfilling the legal Duty to Consult

International Affairs

  • Advising on Canada's support to the Haiti Reconstruction Fund and the Haiti Action Plan for National Recovery and Development
  • Coordinating all requests for the extradition of fugitive criminals, gather criminal evidence and represent the interests of Canada's international treaty partners in all legal proceedings in Canadian courts pursuant to the Extradition Act and Mutual Legal Assistance in Criminal Matters Act
  • Providing legal assistance to Canada's treaty partners in criminal matters crossing national borders and facilitate obtaining criminal legal assistance abroad for Canadian prosecutorial and investigative agencies
  • Managing sensitive national security litigation, including security certificates
  • Providing legal advisory services in support of the government's implementation of cyber security initiatives, including the national cyber security strategy
  • Defending Canada's interest in trade litigation

Government Affairs

  • Supporting the Government in seeking the opinion of the Supreme Court of Canada with regard to Parliament's authority to enact securities legislation and work with provinces and territories to establish a Canadian securities regulator
  • Supporting client departments in regulating the conduct of financial institutions and preparing for the financial institutions legislative review, securities regulation and legislation to support the stability of the Canadian financial sector
  • Supporting the Government and federal departments with the preparation of the Federal Budget and implementing legislation
  • Providing legal support on tax initiatives, such the harmonized sales tax revenue allocation framework in Ontario and British-Columbia and continue to improve the administration of various tax agreements with the provinces, territories and Aboriginal governments
  • Assisting in the 5-year review of legislation modified by the Public Service Modernization Act
Benefits for Canadians

The Department supports the Attorney General as the chief law officer of the Crown in the ongoing operations of government and in the provision of legal advice for the Government and all federal government departments and agencies. The Department represents the Crown in civil litigation and some criminal litigation, before both courts and administrative tribunals. The Department also drafts legislation and regulations, and responds to the other legal needs of federal departments and agencies.

In so doing, the Department directly and indirectly supports the federal government by preparing new and ongoing programs and services to Canadians; by ensuring that decision makers are able to factor the legal implications into their chosen courses of action; and by defending the government's ability to continue to provide programs and services in the face of legal challenges.

Departmental Activities Logo Program Activity C1: Internal Services

Program Activity C1: Internal Services

[Description]

Internal Services support 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 the Department. Treasury Board Secretariat has developed standardized categories for all federal organizations to use for reporting on internal services. 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.

Human Resources (FTEs) and Planned Spending ($ millions)
2011–12 2012–13 2013–14
FTEs Planned Spending FTEs Planned Spending FTEs Planned Spending
1,340 $136.4 1,340 $122.3 1,340 $122.1

Note: Planned spending excludes respendable revenue. However, it includes a portion of the estimated Operating Budget Carry Forward amount related to this program activity in 2011-12 and approximate Pay list amounts for all three years.

Planning Highlights for 2011-2012

The following provides highlights of some of the key internal services activities upon which the Department will be engaged during 2011-12.

Public Service Renewal

  • Continue to implement measures to foster innovation in the workplace to enable a more effective and strategic Department
  • Continue to embed integrated planning into departmental operations and culture, supported by the development and launch of a new departmental HR Management Plan
  • Implement recruitment strategies, including post-secondary, collective staffing, and enhancement of the Legal Excellence Program for the recruitment and development of articling students as well as a new National Legal Orientation Program
  • Promote employee development through enhanced legal skills training, leadership and management development, access to language training, talent management and succession planning and the development of a new on-line training system
  • Enhance tools, systems and processes to support effective knowledge and information management, legal risk management, dispute prevention and resolution and quality assurance of legal services, as well as collaborative and innovative work environments, with continued focus on public service values
  • Enhance departmental infrastructure (i.e. policy renewal, streamlining HR business processes, tools and support) to enable managers to meet their human resources management responsibilities
  • Enhance processes and infrastructure relating to cost recovery in order to streamline and standardize our revenue collection business processes
  • Continue to build on the departmental commitment to employment equity and diversity through the implementation of the Employment Equity Plan (2010-13)
  • Continue to support Management in employee renewal by increasing our junior LA complement in the Department as part of the Law Practice Model
  • Continue to implement the Values and Ethics Code for the Department

Law Practice Management

  • Continue implementing national policies, processes and tools to support legal risk management, legal knowledge management, dispute prevention and resolution, legal information and systems, quality assurance for legal services and gender-based analysis
  • Enable legal practitioners to better use technology to collaborate and harness new opportunities

Investments in Systems

  • Managing key investments in technology enabled projects to ensure integration of departmental financial, case management, information management and procurement systems

Sustainable Development - Greening Government Operations

  • Surplus electronic and electrical equipment
  • Print reduction strategy
  • Green meetings
  • Green procurement