Departmental Performance Report 2012-13
Supplementary Information Tables

Details of Transfer Payment Programs

Access to Justice in Both Official Languages Support Fund

Name of transfer payment program
Access to Justice in Both Official Languages Support Fund (Voted)
Start date
April 1, 2003
End date
Ongoing

Description

The purpose of the Initiative in Support of Access to Justice in Both Official Languages is to improve the capacity of the justice system to serve Canadians in both official languages. The Initiative is part of the Roadmap for Canada's Linguistic Duality 2008-2013: Acting for the Future, announced by the federal government in June 2008. It includes a consulting mechanism, a justice training component, a component to encourage young bilingual Canadians to pursue law-related careers in justice, and a grants and contributions funding program titled "Access to Justice in both Official Languages Support Fund." Its objectives are to increase the capacity of the justice system and its stakeholders to offer justice services in both official languages and to increase awareness in the legal community and official language minority and majority communities concerning their rights and issues related to access to justice in both official languages.

Recipients:

  • Canadian not-for-profit organizations;
  • Provincial and territorial governments, regional and municipal governments, provincial and territorial Crown corporations;
  • Canadian institutions/boards of education, including Centres for jurilinguistics.

Strategic outcome

A fair, relevant and accessible Canadian justice system

Results achieved

During 2012-13, Justice Canada continued to work with its partners to improve access to justice in both official languages, implement the justice training component and pursue its activities to further implement the pan-Canadian study on justice needs in both official languages. As a result, Justice Canada funded 65 projects, of which:

  • 16 pertained to the justice training in both official languages component (of which 7 were specifically related to provincial court judges);
  • 8 supported the ongoing activities of French-speaking jurists associations and their Federation, including activities related to providing information directly to the public;
  • 22 pertained to awareness and public legal information activities in order to promote increased access to justice services in both official languages, eg., a project by Éducaloi provided information to the Anglophone community on language rights and legal topics. Certain projects also pertained to strategic plans for service hubs to offer services directly to the public;
  • 2 contributed to the development of a curriculum for bilingual students interested in pursuing a career in the field of justice;
  • 8 pertained to the development of a recruitment strategy and the promotion of justice-related careers. CliquezJustice.ca, which is run by the Association of French Speaking Jurists of Ontario (AJEFO) offers information on justice careers, as well as on a multitude of legal subjects; and,
  • 9 focused on developing linguistic training tools, including the Jurisource.ca portal that provides legal and jurilinguistic resources to justice professionals working with official language minority communities.
Program: Stewardship of the Canadian Legal Framework
  2010–11
Actual
spending
2011–12
Actual
spending
2012–13
Planned
spending
2012–13
Total
authorities
2012–13
Actual
spending
Variance
Total grants $24,050 $28,226 $50,000 $50,000 $42,880 $7,120
Total contributions $4,471,689 $6,110,114 $6,842,845 $6,842,845 $6,743,233 $99,612
Total program $4,495,739 $6,138,340 $6,892,845 $6,892,845 $6,786,113 $106,732

Comments on variances

Many interesting project proposals received late in the year required a more in-depth review and consequently were not recommended for funding in 2012-13.

Audits completed or planned

N/A

Evaluations completed or planned

The Evaluation of the Initiatives in Support of Access to Justice in Both Official Languages was completed in fiscal year 2012-13 and is available on the Justice Canada website: http://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/12/bole-edlo/index.html and http://www.justice.gc.ca/fra/pr-rp/pm-cp/eval/rap-rep/12/edlo-bole/index.html. The next planned evaluation is scheduled to be completed in fiscal year 2017-2018.

Engagement of applicants and recipients

Throughout the year, Justice Canada continued to engage its network of stakeholders from official language minority communities by way of conference calls and in person meetings, and via its online bulletin. Justice Canada used information and knowledge gained from its engagement with stakeholders to explore and develop models to improve Access to Justice in Both Official Languages. As well, in 2012-13, a new departmental strategy on access to justice in both official languages was developed to accompany the new Roadmap of Canada's Official Languages 2013-2018.

Aboriginal Justice Strategy Fund

Name of transfer payment program
Aboriginal Justice Strategy Fund (Voted)
Start date
April 1, 1991 as Aboriginal Justice Initiative, renewed as Aboriginal Justice Strategy in 1996, 2002, 2007, 2012, 2013
End date
Ongoing

Description

The Aboriginal Justice Strategy (AJS) enables Aboriginal communities to have increased involvement in the local administration of justice and provides timely and effective alternatives to mainstream justice processes in appropriate circumstances. AJS programs are also aimed at reducing the rates of victimization; crime and incarceration among Aboriginal people in communities operating AJS programs; and, helping the mainstream justice system become more responsive and sensitive to the needs and culture of Aboriginal communities.

Recipients:

  1. First Nations, bands, Tribal Councils, local, regional and national Aboriginal organizations;
  2. Regional/municipal governments including their agencies and institutions;
  3. Non-profit community organizations, societies, and associations which have voluntarily associated themselves for a non-profit purpose;
  4. Provincial and territorial governments;
  5. Individuals; and
  6. For-profit corporations, so long as these corporations will not make a profit on the work performed.

Strategic outcome

A fair, relevant and accessible Canadian justice system

Results achieved

In 2012-13, approximately 275 AJS community-based justice programs provided services to over 800 Aboriginal communities across CanadaFootnote 1, and 41 AJS capacity-building and training projects reached over 400 Aboriginal communities across Canada.Footnote 2

Program: Stewardship of the Canadian Legal Framework
  2010–11
Actual
spending
2011–12
Actual
spending
2012–13
Planned
spending
2012–13
Total
authorities
2012–13
Actual
spending
Variance
Total grants $62,702 $21,573 $0 $50,000 $50,000 $(50,000)
Total contributions $11,942,639 $11,942,714 $2,900,000 $12,450,000 $12,430,517 $(9,530,517)
Total program $12,005,341 $11,964,287 $2,900,000 $12,500,000 $12,480,517 $(9,580,517)

Comments on variances

An earlier launch of the Capacity-Building Fund call for proposal allowed the AJS to expend the majority of its allocated grant funding in 2012-13. The sunsetting AJS funding was renewed ($9.6M in Grants and Contributions) for one year through the Supplementary Estimates (B) 2012-13.

Audits completed or planned

N/A

Evaluations completed or planned

The AJS evaluation final report was completed in November 2011. It is available on the Justice Canada website: http://www.justice.gc.ca/eng/pi/eval/rep-rap/11/ajs-sja/index.html and http://www.justice.gc.ca/fra/pi/eval/rap-rep/11/sja-ajs/index.html. The next planned evaluation is scheduled to be completed in 2016-2017.

Engagement of applicants and recipients

Applicants and recipients were engaged through ongoing interactions with Justice Canada officials relating to funding, reporting and sharing of information on Aboriginal justice-related issues. The AJS Federal-Provincial-Territorial Working Group held regular teleconferences to engage provincial and territorial partners. The Working Group serves as a forum for discussing the AJS as well as any cross-jurisdictional issues that arise. During 2012-13, discussions were focussed on the renewal of the program.

Aboriginal Courtwork Program

Name of transfer payment program
Aboriginal Courtwork Program (Voted)
Start date
April 1, 1978
End date
Ongoing

Description

The objective of the Aboriginal Courtwork Program is to improve access to justice by helping Aboriginal people involved in the criminal justice system obtain fair, just, equitable and culturally sensitive treatment. It is the only ongoing justice related program available to all Aboriginal people (adult and youth), regardless of status and residency. The Program provides Aboriginal persons charged with an offence with timely and accurate information on their rights, obligations, roles and responsibilities at the earliest possible stage of the criminal justice process. Services also include referring clients to appropriate legal and social resources in their community. Aboriginal Courtworkers serve as a "bridge" between criminal justice officials and Aboriginal people and communities by providing information, cultural context, and liaison, and promoting communications and understanding.

Recipients: Federal contributions will be made to provincial governments to provide Aboriginal Courtwork services to Aboriginal persons (adults and youths) charged with an offence under any federal or provincial statute or municipal by-law. A province may authorize one or more agencies to deliver Aboriginal Courtwork services on its behalf. All designated delivery agencies will be accountable to the funders. In addition, the Projects in Support of the Aboriginal Courtwork Program component provide modest support for projects that further the mandate of the Program.

Strategic outcome

A fair, relevant and accessible Canadian justice system

Results achieved

Contribution agreements with participating provinces supported the delivery of Aboriginal Courtwork services to ensure access to justice for Aboriginal people within the mainstream Canadian justice system that promoted fair, equitable and culturally relevant treatment before the courts. Over 180 Aboriginal Courtworkers employed by over 20 different service delivery agencies across Canada provided services to over 440 communities and approximately 51,762 clients. The agreements respecting the Aboriginal Courtwork Program (ACW) with the provinces expired March 31, 2013. New five-year agreements from April 1, 2013 to March 31, 2018 were negotiated with participating provinces prior to expiry.

Over the past five years, 57 projects were supported. Contributions over the five years totalled $2,161,163 for projects in support of ACW delivery agencies. The majority of the projects supported training for Aboriginal Courtworkers.

Program: Stewardship of the Canadian Legal Framework
  2010–11
Actual
spending
2011–12
Actual
spending
2012–13
Planned
spending
2012–13
Total
authorities
2012–13
Actual
spending
Variance
Total contributions $5,352,416 $5,411,363 $4,911,363 $4,911,363 $4,896,898 $14,465
Total program $5,352,416 $5,411,363 $4,911,363 $4,911,363 $4,896,898 $14,465

Comments on variances

N/A

Audits completed or planned

N/A

Evaluations completed or planned

A national evaluation of the Aboriginal Courtwork Program was completed in 2012-13 and confirmed the continued relevance and effectiveness of the federal contribution in helping to ensure that the justice system remains fair, relevant and accessible to all Canadians. The evaluation also confirmed strong support and demand for Aboriginal Courtwork services from court officials, Aboriginal community stakeholders and clients. It is available on the Justice Canada website: http://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/13/acp-paa/ and http://www.justice.gc.ca/fra/pr-rp/pm-cp/eval/rap-rep/13/paa-acp/. The next planned evaluation is scheduled to be completed in fiscal year 2017-18.

Engagement of applicants and recipients

Justice Canada engaged applicants and recipients through the Federal-Provincial-Territorial (FPT) Working Group on the Aboriginal Courtwork Program, which serves as a resource on issues related to the Program and on issues related to Aboriginal people in the justice system, and through the Tripartite Working Group on the Aboriginal Courtwork Program, which serves as a forum for ongoing monitoring and discussion of inter-jurisdictional issues concerning the Program. In 2012-13, recipient engagement focused primarily on the development of the Aboriginal Courtwork Program renewal strategy and on finalizing the national evaluation of the Program. These discussions resulted in the successful renewal of the Aboriginal Courtwork Program for the period of April 1, 2013 to March 31, 2018.

Legal Aid System

Name of transfer payment program
Legal Aid Systems (Voted)
Start date
August 17, 1971
End date
Ongoing

Description

The objective of the federal Legal Aid Program is to contribute to sustaining a national system of justice that helps to ensure that economically disadvantaged persons have access to the justice system, through contribution funding in support of criminal, youth criminal justice and immigration and refugee legal aid services provided by the provinces. Funding for criminal and civil legal aid in the territories is provided through the Access to Justice Services Agreements.

Recipients: Provinces

Strategic outcome

A fair, relevant and accessible Canadian justice system

Results achieved

Provinces were enabled to provide legal aid services to eligible persons involved in serious criminal, youth criminal justice, and immigration and refugee matters.

Program: Stewardship of the Canadian Legal Framework
  2010–11
Actual
spending
2011–12
Actual
spending
2012–13
Planned
spending
2012–13
Total
authorities
2012–13
Actual
spending
Variance
Total contributions $124,572,507 $119,827,507 $108,327,507 $119,827,507 $119,827,507 $(11,500,000)
Total program $124,572,507 $119,827,507 $108,327,507 $119,827,507 $119,827,507 $(11,500,000)

Comments on variances

Legal Aid System funding was renewed through Supplementary Estimates (B) 2012-13.

Audits completed or planned

N/A

Evaluations completed or planned

The evaluation final report was completed in January 2012. It is available on the Justice Canada website: http://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/12/lap-paj/index.html and http://www.justice.gc.ca/fra/pr-rp/pm-cp/eval/rap-rep/12/paj-lap/index.html. The next planned evaluation is scheduled to be completed in fiscal year 2016-17.

Engagement of applicants and recipients

Recipients continue to be engaged through the Federal-Provincial-Territorial (FPT) Permanent Working Group on Legal Aid (PWG). The PWG was created as a forum for discussion and joint policy development in legal aid matters. The resultant collaboration promotes the development and implementation of legal aid policy in Canada.

Youth Justice Services

Name of transfer payment program
Youth Justice Services Funding Program (Voted)
Start date
April 2, 1984
End date
Ongoing

Description

The overall objective of this Program is to support the policy directions of the Youth Justice Initiative. The specific objectives of the individual agreements are to support and promote an appropriate range of programs and services that encourage accountability measures for unlawful behaviour that are proportionate and timely; encourage the effective rehabilitation and reintegration of young persons into their communities; target the formal court process to the most serious offences; and target detention and custody to the most serious offences.

Recipients: Provinces and territories

Strategic outcome

A fair, relevant and accessible Canadian justice system

Results achieved

Provinces and Territories were supported in providing a range of youth justice programs and services that encouraged: timely and proportionate accountability measures for unlawful behaviour; effective rehabilitation and reintegration of young persons; and, targeted the formal court process, detention and custody to the most serious offenders.

The Youth Justice Services Funding Program (YJSFP) was successfully renewed with all provinces and territories except Quebec, with whom discussions continue for the period of April 1, 2013 to March 31, 2018.

Program: Stewardship of the Canadian Legal Framework
  2010–11
Actual
spending
2011–12
Actual
spending
2012–13
Planned
spending
2012–13
Total
authorities
2012–13
Actual
spending
Variance
Total contributions $177,302,415 $177,302,415 $177,302,415 $177,302,415 $177,302,415 $0
Total program $177,302,415 $177,302,415 $177,302,415 $177,302,415 $177,302,415 $0

Comments on variances

N/A

Audits completed or planned

N/A

Evaluations completed or planned

N/A

Engagement of applicants and recipients

Prior to expiry of the YJSFP financial arrangements on March 31, 2013, Justice Canada engaged the provinces and territories through the Federal-Provincial-Territorial (FPT) Working Group on Youth Justice Cost-sharing and Programs to discuss the terms and conditions of a new long-term agreement. These discussions resulted in the successful renewal of the YJSFP with all provinces and territories except Quebec, with whom discussions continue for the period of April 1, 2013 to March 31, 2018.

Supporting Families Experiencing Separation and Divorce Fund

Name of transfer payment program
Supporting Families Fund (Voted)
Start date
April 1, 2009
End date
March 31, 2014

Description

The Supporting Families Fund is a key component of the Supporting Families Experiencing Separation and Divorce Initiative (SFI), which was announced by the Minister of Justice in September 2008. The Fund is aimed at facilitating access to the family justice system for families experiencing separation and divorce through various services, programs, and information resources, particularly those that promote compliance with financial support and custody/access obligations. The Fund also supports projects that promote public awareness about parental obligations, compliance, and the family justice system.

Recipients: Provincial and territorial departments, agencies, or other organizations designated by provincial and territorial governments as responsible for child support, the enforcement of support orders and agreements and parenting arrangement programs and services, are eligible to apply for contribution funding under the Family Justice Initiatives and the Pilot Projects components of the Fund.

Any of the following may apply for contribution or class grant funding under the Fund's Public Legal Education and Information and Professional Training component:

  • Individuals;
  • Non-profit professional organizations, societies or associations;
  • Other non-profit organizations, societies or associations;
  • Educational institutions;
  • Private sector organizations sponsoring non-profit projects in partnership with federal, provincial, or territorial governments.

Strategic outcome

A fair, relevant and accessible Canadian justice system

Results achieved

Funding support under the Family Justice Initiatives component of the Fund for provincial and territorial family justice programs and services assisted families experiencing separation and divorce to deal with child/spousal support, support/access enforcement, and parenting arrangement issues, thus facilitating access to the family justice system for these families.

Funding was also provided to provinces and territories under the pilot project Component of the Fund to develop, implement and evaluate innovative family justice services with a focus on compliance with financial support and custody/access obligations. Funded pilot projects in 2012-13 included:

  • Communicating in Conflict - Parent Education Program in Yukon;
  • On-line Family Law Information (FLIC) Program and Differential Response to Conflict Assessment projects in Nova Scotia;
  • Family Law Information Program for Aboriginal families and Assessment of the Supervised Visitation program in Ontario;
  • Distance family mediation in British Columbia; and
  • Evaluation of Saint John Family Law Pilot Project in New Brunswick.

These pilot projects promoted accessibility of custody/access, support and enforcement services for separating and divorcing families including those that face barriers in accessing the family justice system.

Non-governmental organizations were also provided funding under the Public Legal Education and Information and Professional Training component of the Fund for their family law-related projects. These projects promoted awareness and understanding of parental obligations, compliance, and the family justice system with a particular focus on the family law information needs of parents and communities that face barriers in accessing the family justice system.

Program: Stewardship of the Canadian Legal Framework
  2010–11
Actual
spending
2011–12
Actual
spending
2012–13
Planned
spending
2012–13
Total
authorities
2012–13
Actual
spending
Variance
Total grants $23,249 $10,000 $50,000 $0 $0 $50,000
Total contributions $15,975,107 $15,989,910 $15,950,000 $16,000,000 $15,996,002 $(46,002)
Total program $15,998,356 $15,999,910 $16,000,000 $16,000,000 $15,996,002 $3,998

Comments on variances

Grants budget ($50,000) was transferred to Contributions budget to address funding requests which required contribution-type agreements, based on risk assessments.

Audits completed or planned

N/A

Evaluations completed or planned

The impact evaluation of the Supporting Families Initiative (SFI) is underway and will be completed by December 2013, so that results will be available before the SFI's funding cycle is completed in March 2014.

Engagement of applicants and recipients

  • Providing information to the applicants by posting funding information on the Justice Canada website and via telephone and e-mail;
  • Obtaining feedback from funding recipients to improve program funding process;
  • Responding to questions from funding recipients via telephone, e-mail or face to face meetings regarding proposal development and throughout the funding process; and
  • Through the Coordinating Committee of Senior Officials (CCSO)-Family Justice Committee, sought feedback and collaboration from provincial and territorial governments and recipients of family justice services funding on funding criteria, final reporting template and collection of program data for the purpose of the Impact evaluation of the SFI.

Victims of Crime Initiative (Federal Victims Strategy)

Name of transfer payment program
Victims Fund (Voted)
Start date
Victims of Crime Initiative, April 1, 2000
Federal Victims Strategy, April 1, 2007
End date
Ongoing

Description

The Victims Fund is a grants and contributions fund with broad terms and conditions designed to give victims a more effective voice in the criminal justice system, enhance services and assistance to victims of crime, and raise awareness about the needs of victims and services available to assist them. The Victims Fund is co-managed by the Policy Centre for Victim Issues and the Programs Branch and provides direct assistance to individual victims of crime as well as funding to governmental and non-governmental organizations to implement a wide range of victim-focused projects and activities.

Recipients:

  1. Individuals;
  2. National, provincial, territorial, municipal, Aboriginal, community or professional organizations, societies or associations;
  3. Canadian educational institutions/boards of education;
  4. International governmental and non-governmental organizations, including bodies associated or affiliated with organizations of which Canada is a member, which have as their purpose victim advocacy, services, assistance or raising awareness about the impact of victimization;
  5. Private sector organizations sponsoring non-profit projects;
  6. Bands, tribal councils and self-governing First Nations who are working to provide services and assistance to victims of crime in Aboriginal communities;
  7. Provincial, territorial, municipal and regional governments and agencies.

Strategic outcome

A fair, relevant and accessible Canadian justice system

Results achieved

Throughout 2012-13, as part of the Federal Victims Strategy, the Victims Fund gave victims a more effective voice in the criminal justice system by: enhancing capacity for the delivery of appropriate, responsive victim services; increasing awareness and knowledge of victim issues, legislation and services available; expanding the scope and reach of victim services; reducing financial hardship for victims of crime; and, increasing access to services for victims interacting with the criminal justice system.

In 2012-13 the Victims Fund provided funding for a total of $10.79M:

  • $1,26M in funding to establish or enhance 18 Child Advocacy Centres;
  • $0.72M in funding for 9 projects in support of concrete actions on missing and murdered Aboriginal women;
  • $1,86M to fund projects across Canada to deliver services to victims and/or raise awareness about victim issues;
  • $4,44M in funding to provinces and territories to support the development, enhancement and delivery of victim services;
  • $1,75M in support of community events to mark National Victims of Crime Awareness Week 2012;
  • $0.39M in funding for 487 victims (including support persons) to attend Parole Board of Canada hearings (See below for specific results);
  • $0.29M in direct funding to 82 Canadians victimized (including support persons); and,
  • $0.08M in emergency financial assistance to 6 victims of crime.

In 2012-2013, 94% of survey respondents who received funding to assist them as a result of being victimized abroad or to travel to Parole Board of Canada hearings indicated that the funding was useful and helpful in reducing financial hardship and 83% indicated that the funding available was very important in helping them to attend criminal justice proceedings.

Program: Stewardship of the Canadian Legal Framework
  2010–11
Actual
spending
2011–12
Actual
spending
2012–13
Planned
spending
2012–13
Total
authorities
2012–13
Actual
spending
Variance
Total grants $847,249 $977,052 $2,850,000 $2,250,000 $2,220,982 $629,018
Total contributions $6,179,736 $6,922,787 $7,336,556 $9,185,223 $8,573,011 $(1,236,455)
Total program $7,026,985 $7,899,839 $10,186,556 $11,435,223 $10,793,993 $607,437

Comments on variances

Victims Fund spending has steadily increased over the past three years with lapses substantially decreasing each year. Increased Victims Fund spending is due to outreach efforts by Policy Centre for Victim Issues (PCVI) officials, increased flexibility in the Victims Fund terms and conditions, improved capacity in provincial and territorial governments to access funding and negotiate multi-year agreements, and significant outreach to negotiate grants and contributions agreements in two areas with additional funding in 2012-13: Child advocacy centres and time limited operational funding. The variance between planned and actual spending can be attributed to the fact that many interesting projects received in the year required a more in-depth review and, as a consequence, were not recommended for funding in 2012-13.

Going forward, provincial and territorial governments will benefit from multi-year funding agreements which provide those jurisdictions with the flexibility to address our shared priorities for victims of crime. Additionally, Justice Canada officials will continue to advance projects and activities (new and ongoing) with victim stakeholders that meet the objectives of the Federal Victims Strategy.

Additional permanent funding in Grants and Contributions was received for the Federal Victims Strategy starting in 2012-13 through the Supplementary Estimates (C) 2012-13.

Audits completed or planned

N/A

Evaluations completed or planned

A summative evaluation of the Federal Victims Strategy was completed in 2010 and concluded that the Federal Victims Strategy is aligned with the Government of Canada priorities and that the Policy Centre for Victim Issues achieves high results at a low cost. The evaluation is available on the Justice Canada website: http://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/11/fvs-sfv/index.html and http://www.justice.gc.ca/fra/pr-rp/pm-cp/eval/rap-rep/11/sfv-fvs/index.html. The next planned evaluation is scheduled to be completed in fiscal year 2015-16.

Engagement of applicants and recipients

  • Providing information to potential applicants by posting funding information on the Department's website and via telephone and e-mail;
  • Responding to questions from funding applicants and recipients via telephone, e-mail or face to face meetings regarding proposal development and throughout the funding process;
  • Obtaining direct feedback from funding recipients through surveys to improve the program funding process;
  • Promoting the Victims Fund at meetings with stakeholders, criminal justice associations, and with criminal justice system partners;
  • Promoting the Victims Fund in Policy Centre for Victim Issues (PCVI) publications and newsletters; and,
  • Regular communication with the Federal/Provincial/Territorial Working Group on Victims of Crime to engage key partners in meeting the objectives of the Federal Victims Strategy and the Victims Fund.

Youth Justice Services - Intensive Rehabilitative Custody and Supervision Program

Name of transfer payment program
Youth Justice Services - Intensive Rehabilitative Custody and Supervision Program (Voted)
Start date
April 1, 2002
End date
Ongoing

Description

The overall objective of this Program is to financially assist the provinces and territories in providing the specialized services required for the implementation of the Intensive Rehabilitative Custody and Supervision sentence pursuant to paragraph 42(2)(r) and subsection 42(7) of the Youth Criminal Justice Act (YCJA) and other sentencing options applicable under the Act to serious violent youth offenders with mental health problems. It is expected that these services might reduce the likelihood of further violence in those convicted of the most serious violent offences.

Recipients: Provinces and territories

Strategic outcome

A fair, relevant and accessible Canadian justice system

Results achieved

Provinces and territories had the financial capacity to implement sentencing options that involved specialized treatment programs to address the mental health issues of serious violent youth offenders. During 2012-13, a total of 7 Intensive Rehabilitative Custody and Supervision (IRCS) orders were issued by the courts and became eligible for federal funding, bringing the total number of active IRCS cases funded to 50. In addition, another 12 exceptional cases were approved for funding during 2012-13, bringing the total number of other active cases to 16.

The Intensive Rehabilitative Custody and Supervision Program (IRCS) was successfully renewed with all provinces and territories for the period of April 1, 2013 to March 31, 2018.

Program: Stewardship of the Canadian Legal Framework
  2010–11
Actual
spending
2011–12
Actual
spending
2012–13
Planned
spending
2012–13
Total
authorities
2012–13
Actual
spending
Variance
Total contributions $10,929,773 $10,701,290 $11,048,000 $11,048,000 $10,872,387 $175,613
Total program $10,929,773 $10,701,290 $11,048,000 $11,048,000 $10,872,387 $175,613

Comments on variances

Spending under this Program is largely dependent on court decisions and as such remains highly unpredictable

Audits completed or planned

N/A

Evaluations completed or planned

N/A

Engagement of applicants and recipients

Prior to expiry of the IRCS financial arrangements on March 31, 2013, Justice Canada engaged the provinces and territories through the Federal-Provincial-Territorial (FPT) Working Group on Youth Justice Cost-Sharing and Programs to discuss the terms and conditions of a new long-term agreement. These discussions resulted in the successful renewal of the IRCS with all provinces and territories for the period of April 1, 2013 to March 31, 2018.

Implementation of Official Languages Requirements under the Contraventions Act

Name of transfer payment program
Implementation of Official Languages Requirements under the Contraventions Act (Voted)
Start date
April 1, 2008
End date
Ongoing

Description

The Contraventions Act allows the federal government to designate federal statutory offences as contraventions so that they can be processed using a ticketing regime, thus reducing the burden on the court system, reducing the costs for the accused and the government, and limiting the impact of a conviction based on a federal offence. The Act authorizes the federal government to sign administration agreements with provinces, territories and municipalities allowing the federal government to use existing provincial penal regimes to prosecute federal contraventions. The Contraventions Act Fund provides funding to provinces, territories and municipalities that have signed administration agreements so that they can implement the Act in a manner consistent with the applicable constitutional language rights laws involving compliance with judicial services (section 530 and 530.1 of the Criminal Code) and extrajudicial services (Part IV of the Official Languages Act).

Recipients: Provincial and territorial departments and agencies and municipalities designated by provincial and territorial governments as being responsible for judicial activities and for providing extrajudicial services in both official languages.

Strategic outcome

A fair, relevant and accessible Canadian justice system

Results achieved

There are five provinces (British Columbia, Manitoba, Ontario, Nova Scotia and Prince Edward Island) and one municipality (Mississauga) that have entered into an agreement with Justice Canada that includes language rights provisions and, as a result, are fully prepared to ensure on behalf of the federal government, the provision of judicial and extrajudicial services in both official languages, in compliance with the Criminal Code and the Official Languages Act. Feedback from provincial counterparts revealed that the funding from the Contraventions Act Fund made it possible for Prince Edward Island to meet a demonstrable need for extrajudicial services for their official language minority community.

Justice Canada met with a representative from Newfoundland and Labrador in late May 2012 with a view to discuss specific steps towards the signing of an implementation agreement containing language rights provisions. During the meeting, Newfoundland and Labrador affirmed its desire to sign an implementation agreement. Work progressed, however in February 2013 Newfoundland and Labrador assigned a new officer to the file which slowed discussions.

Further to an invitation by Justice Canada to Saskatchewan, the former has been waiting for a commitment from the latter to undertake discussions regarding the implementation of the Act.

Program: Stewardship of the Canadian Legal Framework
  2010–11
Actual
spending
2011–12
Actual
spending
2012–13
Planned
spending
2012–13
Total
authorities
2012–13
Actual
spending
Variance
Total contributions $4,541,496 $4,929,750 $9,094,900 $7,843,045 $5,040,634 $4,054,266
Total program $4,541,496 $4,929,750 $9,094,900 $7,843,045 $5,040,634 $4,054,266

Comments on variances

Only provinces/territories/municipalities are eligible for funding under the Fund. Justice Canada continues to work diligently to move negotiations forward towards getting the provinces/territories/municipalities to sign Contraventions Act administration and enforcement agreements containing language rights provisions supported by the Fund; however, negotiations and anticipated and actual progress depend largely on the priorities and therefore capacity of the provinces. Only when all jurisdictions have signed agreements will the Fund be completely committed.

Audits completed or planned

N/A

Evaluations completed or planned

The evaluation, completed in March 2012, is available on the departmental website: http://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/12/loe-ole/index.html and http://www.justice.gc.ca/fra/pr-rp/pm-cp/eval/rap-rep/12/ole-loe/index.html. The next planned evaluation is scheduled to be completed in fiscal year 2016-17.

Engagement of applicants and recipients

Justice Canada continued to engage its provincial and territorial stakeholders regarding the implementation of the Contraventions Act during the Federal-Provincial-Territorial Working Group meetings held in 2012-13. In addition, the Contraventions Act Practice Group continues to be active, bringing together legal counsel from departmental Legal Services Units involved in issues related to contraventions. Justice Canada also participated in the Community of Federal Regulators 2012 Conference to discuss the differences between the contraventions regime and the Administrative Monetary Penalty System.

Youth Justice Fund

Name of transfer payment program
Youth Justice Fund (Voted)
Start date
April 1, 1999
End date
Ongoing

Description

The overall objective of funding under the Youth Justice Fund is to encourage a fairer and more effective youth justice system. Funding is available for community and Aboriginal organizations, provinces/territories and their agencies, and other youth justice stakeholders for innovative pilot projects and related activities, such as training and evaluation. Priorities are set annually based on identified needs and emerging federal youth justice priorities.

A variety of activities are eligible for funding support under the Youth Justice Fund. These include, among others:

  • The development, implementation, testing and evaluation of pilot projects dealing with youth involved in the criminal justice system. These projects often address youth with specific issues, such as Fetal Alcohol Spectrum Disorder, mental health issues, substance abuse or gang involvement;
  • Training and educational activities for youth justice professionals and community service providers; and
  • Research activities which contribute to policy development.

Recipients: Community and Aboriginal organizations, provinces/territories and their agencies and other youth justice stakeholders.

Strategic outcome

A fair, relevant and accessible Canadian justice system

Results achieved

The Youth Justice Fund committed support to 29 projects to respond to youth in conflict with the law who were involved in or at-risk of being involved in gun, gang and drug activities of which 11 were approved or on-going pilot projects. Through a call for proposals, 15 projects provided training for frontline workers or community assessments to increase the effectiveness of efforts to address youth gangs. The total value of projects with a focus on guns, gangs and drugs for 2012-13 was $2,029,816 ($340,690 in grants and $1,689,126 in contributions).

23 projects were funded to enhance capacity to plan/deliver a range of drug treatment services and programs targeted at young persons in conflict with the law; 11 pilot projects approved or on-going in 2012-13. The total value of projects with a focus on drug treatment for 2012-13 was $1,446,747 ($200,000 in grants and $1,246,747 in contributions).

15 projects were funded under the Main Fund to advance other initiatives for youth in conflict with the law, for a total value of $434,686 ($64,735 in grants and $369,951 in contributions) for 2012-13. These include 5 approved or on-going pilot projects.

Through a call for proposals to provincial and territorial Public Legal Education and Information (PLEI), the Fund also provided funding to support them in updating their own materials on the Youth Criminal Justice Act (YCJA) and the youth justice system..

Program: Stewardship of the Canadian Legal Framework
  2010–11
Actual
spending
2011–12
Actual
spending
2012–13
Planned
spending
2012–13
Total
authorities
2012–13
Actual
spending
Variance
Total grants $674,678 $180,007 $730,000 $649,655 $598,003 $131,997
Total contributions $3,770,350 $2,752,284 $4,275,000 $3,855,345 $3,165,512 $1,109,488
Total program $4,445,028 $2,932,291 $5,005,000 $4,505,000 $3,763,515 $1,241,485

Comments on variances

The Youth Justice Fund's variance decreased in 2012-13 due to increased calls for proposals.

Audits completed or planned

N/A

Evaluations completed or planned

The Youth Justice Fund was evaluated as part of the 2010 Youth Justice Funding Components Evaluation. It is available on the Justice Canada website: http://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/11/yjifc-vfijj/index.html. The next planned evaluation is scheduled to be completed in fiscal year 2015-16.

Engagement of applicants and recipients

The Youth Justice Fund works closely with applicants, beginning with discussions on the project concept to the final project proposal stage. Teleconferences with pilot project recipients are held four times a year to support the sharing of knowledge and promising practices.

Two of the proponents supported by the Drug Treatment component of the Fund presented their project through departmentally sponsored web casts.

Five pilot project recipients shared promising practices and lessons learned from their projects at the 2012 Conference on Special Needs Offenders in Ottawa, Ontario. The five workshops highlighted programming for youth involved in the justice system with mental health issues targeting five themes: cultural approaches, trauma, mental health and concurrent disorders, youth engagement, and arts-based approaches to programming.

Access to Justice Services Agreements in the Territories (in the areas of Legal Aid, Aboriginal Courtwork and Public Legal education and Information Services)

Name of transfer payment program
Access to Justice Services Agreements in the Territories (in the areas of Legal Aid, Aboriginal Courtwork and Public Legal Education and Information Services)
Start date
April 1, 1996
End date
Ongoing

Description

The goal of the Access to Justice Services Agreements is to integrate federal government funding support to Canada's three territories for access to justice services (including criminal and civil legal aid, Aboriginal Courtwork, and Public Legal Education and Information) through ongoing contribution agreements that allow the territories the flexibility needed to provide these services in a challenging environment (vast distances, harsh climate, cultural/linguistic differences). The overarching goal of federal support for Aboriginal Courtwork services is to facilitate and enhance access to justice by assisting Aboriginal people involved in the criminal justice system to obtain fair, just, equitable and culturally sensitive treatment. With regard to legal aid services in the territories, the federal goal is to enable the territories to provide legal aid services to economically disadvantaged persons involved in serious criminal, youth criminal justice and civil matters. With respect to public legal education and information, the goal is to assist the territories in providing members of the public with the legal information they need to make informed decisions and participate effectively in the justice system.

Recipients: Territorial governments that undertake to provide services to eligible persons and eligible young persons in matters relating to the overall objectives of the Access to Justice Services Agreements. The territories may authorize entities ("territorial access to justice services delivery entities") to provide services in these matters.

Strategic outcome

A fair, relevant and accessible Canadian justice system

Results achieved

Through the Access to Justice Service contribution agreements, the three territories are enabled to provide access to justice services in the areas of legal aid, Aboriginal Courtwork and public legal education and information.

Program: Stewardship of the Canadian Legal Framework
  2010–11
Actual
spending
2011–12
Actual
spending
2012–13
Planned
spending
2012–13
Total
authorities
2012–13
Actual
spending
Variance
Total contributions $4,856,593 $4,856,593 $4,856,593 $4,856,593 $4,856,593 $0
Total program $4,856,593 $4,856,593 $4,856,593 $4,856,593 $4,856,593 $0

Comments on variances

N/A

Audits completed or planned

N/A

Evaluations completed or planned

The Access to Justice Service Agreements Evaluation was completed in the fall of 2012-13 and is available on the Justice Canada website: http://www.justice.gc.ca/eng/rp-pr/cp-pm/eval/rep-rap/12/ajs-sja/index.html and http://www.justice.gc.ca/fra/pr-rp/pm-cp/eval/rap-rep/12/sja-ajs/index.html. The next planned evaluation is scheduled to be completed in fiscal year 2017-2018.

Engagement of applicants and recipients

Recipients were engaged through Federal-Provincial-Territorial (FPT) Working Groups: through the Permanent Working Group (PWG) on Legal Aid for the legal aid component and the FPT Working Group on the Aboriginal Courtwork Program which serves as a resource on issues related to the Program and on issues related to Aboriginal people in the justice system; and, through the Tripartite Working Group on Aboriginal Courtwork Program which serves as a forum for ongoing monitoring and discussion of inter-jurisdictional issues concerning the Aboriginal Courtwork Program. In 2012-2013, recipient engagement focused primarily on the finalization of the Access to Justice Services Agreements renewal strategy and the Access to Justice Services Agreements evaluation. These discussions resulted in the successful renewal of the Access to Justice Services Agreements for the period April 1, 2013 to March 31, 2018.

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