2014–15 Departmental Performance Report
Section II: Analysis of Programs by Strategic Outcomes
Strategic Outcome 1: A Fair, Relevant and Accessible Canadian Justice System
The Department plays a stewardship role in ensuring a fair, relevant and accessible Canadian justice system. This Strategic Outcome is a shared responsibility among a broad range of players, including Parliament; the judiciary; federal departments and agencies; partners in provincial, territorial, and municipal governments; a broad range of non-governmental organizations and stakeholders; and, ultimately, all Canadians.
Program 1.1: Stewardship of the Canadian Legal Framework
Description
The Department fulfils its stewardship role by ensuring a bilingual and bijural national legal framework for the administration of justice that contributes to a safe and just society for all Canadians and confidence in Canada’s justice system. The Department develops and tests innovative approaches to strengthen the legal framework within the following domains: criminal law, youth criminal justice, sentencing, official languages, marriage and divorce, access to justice, legal dualism, and Aboriginal justice. In addition, in view of the federal government’s shared interest in a sustainable justice system, the Department promotes and facilitates ongoing dialogue with the provinces and territories in the areas of shared jurisdiction and provides funding for the delivery of programs that directly support federal policy objectives.
| 2014-15 Main Estimates | 2014-15 Planned Spending | 2014-15 Total Authorities Available for Use | 2014-15 Actual Spending (Authorities used) | 2014-15 Difference (Actual minus Planned) |
|---|---|---|---|---|
| 348,317,035 | 348,317,035 | 395,616,601 | 383,759,270 | 35,442,235 |
Difference in the total of the below sub-programs and sub-sub-programs may not add-up due to rounding.
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 276 | 253 | -23 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Justice laws and policies promote a fair, accessible and relevant justice system in Canada | Canada’s international ranking with respect to fairness of the justice system | 10thTable note * | 15th |
- Table note *
-
The Department’s performance target is an international ranking of tenth place or better for Canada (source: World Competitiveness Year Book).
Performance Analysis and Lessons Learned
In 2014-15, the Department spent approximately $384 million on the Stewardship of the Canadian Legal Framework Program and employed 253 FTEs. These resources were allocated to activities aimed at enhancing the personal safety of citizens; supporting youth justice, family justice, and drug treatment court programs; and promoting public legal education and information.
To support the management response to the first evaluation of the Criminal Law Policy Function, completed in 2014, the Department continued its outreach to key partners and commenced a review of opportunities for the efficient and effective realignment of resources to meet new priorities.
The Department completed its improvements to the Grants and Contributions Information Management System (GCIMS). The financial information from the Integrated Financial and Material System is now fully integrated into the GCIMS. As well, the reporting functions under the GCIMS have been enhanced to respond to departmental information needs.
Sub-program 1.1.1: Legal Policies and Laws
Description
The Department develops and coordinates all federal justice legislative reforms, policy options, and initiatives that promote a fair, accessible, and relevant justice system for the benefit of Canadians. This includes the areas of criminal justice, victims of crime, youth justice, family justice, official languages, contraventions, illicit drugs (via the National Anti-Drug Strategy), legal dualism, Aboriginal justice, security, and terrorism. The Department monitors developments in justice law, policy, and procedure; develops and implements options for law, enforcement, and policy reforms through legislation; develops and provides information and services to implement policies and laws; and provides advice to other federal departments in matters related to justice-related laws and policies. As the administration of justice is an area of shared jurisdiction, the Department works closely with the provinces and territories in support of their responsibility for the day to day administration of justice. The Department also responds to parliamentary business involving justice matters, including Government bills, private members’ bills, and parliamentary reviews. Furthermore, the Department supports the Government’s international priorities related to justice – namely, the provision of policy advice in the development of Canada’s international justice policies, the negotiation either through bilateral or multilateral forums of international norms, treaties and conventions, and the development of legal cooperation programs as well as the provision of legal technical assistance to foreign countries seeking to reform their justice systems.
| 2014-15 Planned Spending | 2014-15 Actual Spending | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 25,169,161 | 29,556,368 | 4,387,207 |
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 227 | 204 | -23 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Canadians have confidence in Canada’s criminal and family laws | Percentage of Canadians who rate their level of confidence in adult criminal law as 6.0 or greater on a 10-point scale | 60 | 50.51 |
| Percentage of Canadians who rate their level of confidence in youth criminal law as 6.0 or greater on a 10-point scale | 60 | 39.7Table note ** | |
| Total amount of federal monies garnisheed to help satisfy family support orders or agreements | $160 million | $176.8 million |
- Table note **
-
These results reflect the 2011-12 public opinion data on confidence in the criminal justice system and are the most recent figures available.
Performance Analysis and Lessons Learned
The Department continued to lead the Federal Victims Strategy, which advances policy, legislation and public-awareness activities and programming to give victims a more effective voice in the criminal justice system. It also led the interdepartmental National Anti-Drug Strategy, which includes the following priority areas: preventing and treating illicit and prescription-drug abuse, as well as combating the production and distribution of illicit drugs to promote safer and healthier communities. The Department provided legal and policy advice and supported the progress and passage of key law reform bills related to illicit drugs. For instance, the Department worked with key stakeholders on amending the Controlled Drugs and Substances Act.
The Department continued to support other key areas of the justice system, such as youth justice, by collaborating with the provinces and territories, and other youth justice partners to ensure effective implementation of the Youth Criminal Justice Act and to address emerging issues.
Moreover, the Department continued to support Canadian families by optimizing the Central Registry of Divorce Proceedings to give more Canadian courts online access to its databank and by making its financial processes more efficient. In collaboration with Employment and Social Development Canada, it enhanced the electronic garnishment process of Canada Pension Plan benefits pursuant to the Family Orders & Agreements Enforcement Assistance Act.
The Department supported Bill S-7, the Zero Tolerance for Barbaric Cultural Practices Act, which includes amendments to the Civil Marriage Act to introduce a new national absolute minimum age of marriage of 16 and to codify the requirements for free and enlightened consent to marriage and for dissolving any previous marriage prior to contracting another marriage. The Department also supported Bill S-7 amendments to the Criminal Code to introducenew offences related to forced and underage marriages; extend the offence of removing a child from Canada to include removal for the purpose of a forced or underage marriage; introduce a new peace bond to prevent forced or underage marriages from taking place; and limit the application of the defence of provocation so that it is not available in “honour” killings and some spousal homicides.
Furthermore, the Department supported the Government’s international priorities related to justice – namely, the provision of policy advice in the development of Canada’s international justice policies, the negotiation either through bilateral or multilateral forums of international norms, treaties and conventions, the review of implementation of specific conventions by States parties to those conventions, and the development of legal cooperation programs as well as the provision of legal technical assistance to foreign countries seeking to reform their justice systems.
Sub-program 1.1.2: Justice System Support
Description
The Department, through grant and contribution funding, supports access to the justice system by enabling Canadians to obtain assistance and legal information in order to resolve their legal issues, whether in the formal justice system or through alternative resolution mechanisms. The Department provides ongoing funding to provincial, territorial, and non-governmental organizations, and Aboriginal groups and communities. This program provides justice system support to advance federal justice policy in the following core domains: criminal justice (including youth justice and victims of crime), family justice, access to justice, official languages, contraventions, and Aboriginal justice.
| 2014-15 Planned Spending | 2014-15 Actual Spending | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 323,147,873 | 354,202,902 | 31,055,029 |
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 49 | 49 | 0 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| A justice system that is accessible to Canadians | Percentage of federal justice system support funding provided to provinces and territories, non-governmental organizations, and Aboriginal groups and communities to inform and assist Canadians in resolving their legal matters | 100 | 98 |
| Percentage of provinces with designated public legal education and information organizations supported by the Department that provide legal information | 100 | 100 |
Performance Analysis and Lessons Learned
The Department continued to provide support for public legal education activities both through the Justice Partnership and Innovation Program and through Access to Justice Agreements. The Department also supported an accessible justice system by providing program funding for criminal justice and legal representation; victims of crime; youth justice; family justice; Aboriginal justice; and justice in official languages.
In 2014, the Department completed the federal Criminal Legal Aid Study. The purpose was to explore and identify innovations and best practices to maximize the effectiveness of the federal investment in criminal legal aid. The study resulted in a compendium of legal aid innovations and best practices which, along with the advice of the Deputy Minister’s Advisory Panel on Criminal Legal Aid, established the basis for ongoing work with the provinces and territories to improve access to justice, find greater efficiencies, and ensure sustainable legal aid systems.
Sub-sub-program 1.1.2.1: Criminal Justice and Legal Representation
Description
The Department, through contribution and grant funding, facilitates access to justice and the functioning of the Canadian criminal justice system. The Department provides funding to provinces and designated counsel to help ensure that economically disadvantaged individuals deemed in need of legal assistance have access to legal advice and representation when facing a serious and/or complex criminal charge, the immigration and refugee determination system, or Division 9 proceedings of the Immigration and Refugee Protection Act (alleged threats to national security). Funding is also made available to other partners in the justice system for specialized criminal justice programs and services to improve access to justice as well as for the development of public legal education resources to respond to the legal information needs of Canadians. This program uses funding from the following transfer payments: Legal Aid Program, Public Security and Anti-terrorism Legal Aid, Court-Ordered Counsel in Federal Prosecutions, Drug Treatment Court Funding Program, Integrated Market Enforcement Teams Reserve Fund (IMET), Special Advocates Program, International Institute for the Unification of Private Law (Unidroit), the Hague Conference on Private International Law, and Justice Partnership and Innovation Program (JPIP), which includes funding to enhance the justice system’s response to family violence through the Family Violence Initiative.
| 2014-15 Planned Spending | 2014-15 Actual Spending | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 123,811,916 | 133,893,670 | 10,081,754 |
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 30 | 15 | -15 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Enhanced capacity of provinces and their legal aid plans to deliver criminal legal aid services to eligible economically disadvantaged persons | Number of approved applications for criminal legal aid in provinces | 270,000 | 267,763Table note *** |
| Eligible persons are represented in court so cases proceed | Number of stays (cases temporarily suspended or stopped altogether) due to the lack of funded counsel for court-ordered counsel in federal prosecutions and in public security and anti-terrorism cases | 0 | 0 |
- Table note ***
-
Approved criminal legal aid applications reflect full-service certificates and do not account for the provision of other legal aid services such as duty counsel. Data for this indicator reflect the most recent data available collected through the Statistics Canada Legal Aid Survey (2013-14).
Performance Analysis and Lessons Learned
In 2014-15, the Department continued to provide funding to the provinces and territoriesFootnote 2 through the Legal Aid Program to support the delivery of criminal legal aid for adults and youth, public security and anti-terrorism legal aid (PSAT), immigration and refugee legal aid, and court-ordered counsel in federal prosecutions. In particular, $1.6 million was allocated to fund court-ordered counsel for individuals who did not qualify for legal aid, resulting in the Department meeting its performance target of no stays of federal prosecutions.
The Department also continued to work through the Federal-Provincial-Territorial Permanent Working Group on Legal Aid (PWG) with a view to ensuring that economically disadvantaged persons have ongoing access to the justice system through criminal legal aid, immigration and refugee legal aid, PSAT legal aid and court-ordered counsel in federal prosecutions. More specifically, following the renewal of funding for immigration and refugee legal aid until March 31, 2017, the variables used to calculate this funding were updated in collaboration with the PWG and Citizenship and Immigration Canada. This update helps to ensure that legal aid funding is aligned with the reforms to Canada’s immigration and refugee determination system and legal aid cost drivers.
The Special Advocates Program continued to provide critical support to special advocates in Division 9 proceedings under the Immigration and Refugee Protection Act. An evaluation of the Program determined it to be relevant, efficient and a well-contained investment. Moreover, in its Canada (Citizenship and Immigration) v. Harkat [2014] SCC 37 decision, the Supreme Court of Canada identified special advocates as a necessary component for ensuring the constitutionality of Division 9 proceedings.
The Department continued to lead the National Anti-Drug Strategy and to implement its two components to safeguard families and promote healthy communities. Through the collaborative work of partners and stakeholders towards achieving its expected results, the Strategy met its performance targets.
Finally, the Department successfully completed consultations with provinces and territories for ongoing funding through the Drug Treatment Court Funding Program (DTCFP). As of April 1, 2015, all DTCFP funding is provided exclusively through provincial and territorial governments, as evaluations concluded that such an approach allows for greater efficiencies and opportunities for collaboration.
Sub-sub-program 1.1.2.2: Victims of Crime
Description
The Department, through grant and contribution funding, aims to give victims of crime a more effective voice in the criminal justice system. The Department provides funding to provincial and territorial governments and non-governmental organizations to increase awareness and knowledge of victim issues, legislation, and services available, as well as to develop and deliver victim programs, services, and assistance to meet gaps in services for victims of crime. The Department also provides direct, limited, emergency financial assistance to individual victims in certain specified circumstances, including travel for registered victims to attend Parole Board of Canada hearings and for Canadians victimized abroad. This program uses funding from the following transfer payment: the Victims Fund.
| 2014-15 Planned Spending | 2014-15 Actual Spending | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 11,779,665 | 11,572,875 | -206,790 |
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 3 | 6 | 3 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Victims of crime have a more effective voice in the criminal justice system | Percentage of federal victims funding accessed by provinces/territories, non-governmental organizations, and individuals to advance victim assistance and participation in the criminal justice system | 100 | 97 |
| Percentage of victims Table note **** receiving financial assistance who report having a more effective voice in the criminal justice system | 90 | 97 |
- Table note ****
-
Represents the victims surveyed.
Performance Analysis and Lessons Learned
The introduction of Canada’s first-ever Canadian Victims Bill of Rights (Bill C-32, the Victims Bill of Rights Act) in April 2014 represented a significant step toward ensuring victims of crime have a more effective voice within Canada’s criminal justice system. To support the implementation of the Canadian Victims Bill of Rights, funding will be made available to assist provinces and territories in delivering new or enhanced restitution programs and complaints mechanisms.
Financial assistance provided through the Victims Fund has allowed a broad range of victims to not only have a stronger voice in the justice system, but to also benefit from direct support and services that might not otherwise have existed. During 2014-15, funding was provided to 16 organizations to establish or enhance Child Advocacy Centres across the country, to 5 organizations to deliver concrete measures on missing and murdered Aboriginal women, and to 261 community-based organizations to mark the 2014 National Victims of Crime Awareness Week. Funding was also provided to provincial and territorial governments to support the development and delivery of direct services to victims of crime. In addition, support from the Victims Fund has directly permitted 354 individuals to attend a parole hearing of the offender or to support a loved one in doing so. A further sixty-three victims or their family members received financial support after being victimized outside of Canada.
Collectively, these efforts have helped the Department to assist victims and to safeguard the accessibility of the justice system by ensuring that victims have a more effective voice.
Sub-sub-program 1.1.2.3: Youth Justice
Description
The Department, through contribution and grant funding, supports fair and effective programming for youth aged 12 to 17 involved in the criminal justice system. The Department directs resources towards the federal youth justice priorities of holding youth accountable through measures that are proportionate to the seriousness of the offence and degree of responsibility of the young person, promoting the rehabilitation and reintegration of young persons who have committed offences, and supporting the prevention of crime by referring young persons to programs or agencies in the community, while also assisting the provinces and territories in their responsibility of administering the Youth Criminal Justice Act. A portion of discretionary funding also exists which allows the Department to encourage innovation around emerging youth justice issues (e.g. rehabilitation, treatment, reintegration, programming). This program uses funding from the following transfer payments: the Youth Justice Fund, Youth Justice Services, and Intensive Rehabilitative Custody and Supervision.
| 2014-15 Planned Spending | 2014-15 Actual Spending | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 158,435,703 | 157,491,931 | -943,772 |
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 7 | 7 | 0 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| A youth justice system that supports federal youth justice priorities | Percentage of youth court cases receiving a non-custodial (community-based) sentence | 85 | 85 |
| Percentage of identified, eligible Intensive Rehabilitative Custody and Supervision cases receiving specialized treatment | 100 | 100 |
Performance Analysis and Lessons Learned
In 2014-15, the Department allocated approximately $158 million and seven FTEs to the area of youth justice programming. Through five-year agreements under the Youth Justice Services Funding Program (YJSFP) and the Intensive Rehabilitative Custody and Supervision (IRCS) Funding Program, the provinces and territories received funding to provide a range of programs and services targeting young persons in conflict with the law.
More particularly, YJSFP funding supported programs and services that encourage timely and proportionate accountability measures for unlawful behaviour, as well as effective rehabilitation and reintegration of young persons. The IRCS funding supported the specialized services required to implement Intensive Rehabilitative Custody and Supervision orders and other sentences made pursuant to the Youth Criminal Justice Act.
Through the Youth Justice Fund, the Department continued to support innovative approaches to youth justice issues. In 2014-15, funding from the program was approved for 16 new projects.Furthermore, the Department offered a series of four webcasts for justice system stakeholders and members of the public on emerging youth justice issues such as: effective substance abuse treatment for youth in the criminal justice system with fetal alcohol spectrum disorder; responses to criminal offending by youth with mental health issues; the over-representation of Aboriginal youth in the criminal justice system and innovative community-based approaches to working with them; and the rights of youth who are involved in the child welfare and youth justice systems.
The Department met its performance targets and ensured that the youth justice system supports federal youth justice priorities and advances programming to address guns, gangs and illicit drug use. By working together with its partners and stakeholders, the Department played a key role in encouraging a fairer and more effective youth justice system.
The most recent evaluation of initiatives in the area of youth justice was conducted in 2011, with the Evaluation of the Youth Justice Initiative Funding Components. The Action Plan that resulted from this Evaluation has since been fully implemented.
Sub-sub-program 1.1.2.4: Family Justice
Description
The Department, through contribution and grant funding, provides support to Canadians experiencing separation and divorce by facilitating the effective delivery of programs and services, such as parent education, mediation, support enforcement, and child support recalculation, and by developing family law information and training resources. Family justice funding assists the provinces and territories to develop and provide family justice services and programs that are aimed at enhancing the capacity of parents to reach appropriate custody, access, and support agreements and to comply with those agreements. Federal funding also assists non-governmental organizations in developing family law information and training resources, supports implementation of the Department’s legislative obligations and policy priorities in the area of family justice, and provides support to program evaluation by collecting and reporting on the funding data. This program uses funding from the following transfer payments: the Supporting Families Fund.
| 2014-15 Planned Spending | 2014-15 Actual Spending | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 0 | 16,100,042 | 16,100,042 |
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 0 | 3 | 3 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| A family justice system that supports access to family justice information, services, and programs for Canadians experiencing separation and divorce | Percentage of federal funds accessed by provinces, territories, and non-governmental organizations to help defray the costs of developing and delivering family justice programs, services, and information and training resources | 100 | 99 |
Performance Analysis and Lessons Learned
The Supporting Families Fund is a key component of the Supporting Families Initiative. In 2014-15, the Fund continued to enable provinces and territories to deliver family justice services such as parent education, mediation, and family support enforcement services. The Fund also supports non-government organizations in developing family law information resources for separating and divorcing families, particularly those from communities that may face barriers in accessing the family justice system such as Aboriginal, official language minority, immigrant, rural, and remote communities.
An evaluation of the Supporting Families Initiative was completed in early 2014. It concluded that the Initiative continues to be relevant; is aligned with Justice’s strategic outcome and the federal government’s mandate in relation to its legislative authority; achieved its objectives; and has been administered economically and efficiently. Departmental efforts were undertaken to renew the Supporting Families Initiative as of April 1, 2014. The 2014 federal budget confirmed the renewal of the Initiative for two years, until March 31, 2016, along with the renewal of the Supporting Families Fund until March 31, 2017.
Sub-sub-program 1.1.2.5: Aboriginal and Northern Justice
Description
The Department, through grant and contribution funding, supports the development and delivery of justice services that are sensitive to and reflective of Aboriginal culture and allows flexible delivery of justice services for persons living in the territories. The Department collaborates with the provinces and territories in developing community capacity to assist Aboriginal people and Northern residents in navigating the mainstream justice system, and in providing culturally relevant justice alternatives. This program uses funding from the following transfer payments: Aboriginal Justice Strategy, Aboriginal Courtwork Program, and Access to Justice Services in the Territories.
| 2014-15 Planned Spending | 2014-15 Actual Spending | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 13,261,654 | 24,748,148 | 11,486,494 |
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 6 | 16 | 10 |
| Expected Results | Performance Indicators | Target | Actual Result |
|---|---|---|---|
| A justice system that responds to the needs of Aboriginal people by providing culturally relevant information and services | Percentage of individuals referred to an Aboriginal Justice Strategy program who have completed the program | 90 | 89 |
| Percentage of Aboriginal Courtwork Program clients indicating a level of satisfaction of “satisfied” or “very satisfied” with the information provided | 80 | 92 | |
| Territorial residents have access to justice services (legal aid, public legal education and information, Aboriginal Courtwork Program) that respond to their needs and circumstances | Number of approved applications for legal aid in the territories | 3,000 | 2,916 |
Performance Analysis and Lessons Learned
In February 2015, the Department announced an additional $11.1 million for the Aboriginal Justice Strategy (AJS) for 2016-17. This funding, which is in addition to the $22.2 million announced in 2014, will support approximately 275 community-based programs that serve more than 800 Aboriginal communities.
In 2014-15, the AJS launched its Capacity-Building Fund call for proposals earlier than in previous years, using an online application form. As a result, projects were approved earlier in the fiscal year, thereby giving recipients more time to carry out their activities. This funding focused on emerging policy issues and resulted in support for several capacity-building projects aimed at reducing violence against Aboriginal women and girls. In total, over $1 million in AJS funding supported 30 capacity-building projects. The AJS also revised its data-collection procedures and the community-based programs began collecting data using the revised procedures to ensure that consistent national data is collected. These revised procedures focus on client-specific information (i.e. individuals referred to, or processed by, a community-based program).
Additionally, the Department worked closely with provinces and territories through the Tripartite Working Group on the Aboriginal Courtwork Program (ACW) to implement the new National Data Requirements that include information on Aboriginal victims, witnesses and family members who receive services. This new data will better reflect the national scope of the services provided by Aboriginal Courtworkers to courts, communities and individuals.
Departmental funding to the territories for legal aid, ACW services and public legal education activities is provided through the Access to Justice Services contribution agreements. These agreements recognize the unique needs and circumstances of northern communities and residents by allowing for a flexible approach for the delivery of access to justice services. With the goal of further improving the delivery of such services, the territories implemented a number of measures to increase program efficiencies in 2014-15, including partnering of services to specialized courts, remote community outreach and more emphasis on collaborative justice practices with other justice stakeholders.
Sub-sub-program 1.1.2.6: Justice in Official Languages
Description
The Department, through grant and contribution funding, provides support to improve access to justice in both official languages to persons navigating the justice system. The Department manages the Access to Justice in Both Official Languages Support Fund and implements the Department’s duty to take positive measures to fulfil the federal government’s commitment contained in section 41 of the Official Languages Act towards the development of official language minority communities and the promotion of English and French. The Department also manages the Contraventions Act Fund to enable the provinces and municipalities to implement the Contraventions Act on behalf of the federal government in a manner consistent with the applicable constitutional and legislative language rights involving compliance with judicial services as set out in sections 530 and 530.1 of the Criminal Code and extra-judicial services as set out in Part IV of the Official Languages Act. This program uses funding from the following transfer payments: Access to Justice in Both Officials Languages Support Fund and Contraventions Act Fund.
| 2014-15 Planned Spending | 2014-15 Actual Spending | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 15,858,935 | 10,396,236 | -5,462,699 |
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 3 | 2 | -1 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Canadians have access to a criminal justice system that responds to their needs in the official language of their choice | Percentage of provinces and territories where justice system stakeholders (prosecutors, court clerks, judges, etc.) have access to specialized language training to facilitate access to justice in the official language of choice | 100 | 100 |
| Canadians have access to legal information regarding their rights and responsibilities in the official language of their choice | Percentage of provinces and territories for which official language minority communities have access to legal information through an information hub that provides Canadians with legal information through a telephone helpline, online, or in person | 100 | 100 |
| Canadians in designated areas who have received a federal contravention have access to the justice system using the official language of their choice | Number of complaints with respect to judicial and extra-judicial services in the official language of choice | 0 | 0 |
Performance Analysis and Lessons Learned
In 2014-15, the Access to Justice in Both Official Languages Support Fund provided funding for 42 projects aimed at enhancing the accessibility of the Canadian justice system for members of official language minority communities. Of particular note among these projects are four legal information hubs managed by provincial French-speaking jurists associations, with a fifth expected to open in 2016. The Support Fund also assists the work of web-based portals such as http://cliquezjustice.ca and http://www.educaloi.qc.ca, which provide all official language minority communities across the country with access to legal information in the official language of their choice.
In addition, the Support Fund contributes to projects designed to ensure that justice sector stakeholders (e.g. provincially appointed judges, provincial Crown attorneys, probation officers, and clerks) across Canada have access to professional training that will enable them to provide services in both official languages. As a case in point, in 2014-15, 56 provincially appointed judges from 12 jurisdictions benefited from specialized language training programs.
The Contraventions Act is implemented in seven jurisdictions. As of 2014-15, all but one of the agreements with funding provisions had been renewed. The renewal process included a review of measures that guarantee language rights to ensure that they meet the needs of official languages minority communities.
The Department also continued to pursue discussions with Saskatchewan and Newfoundland and Labrador towards the signing of Contraventions Act agreements. Progress depends on provincial priorities and capacity. Only when all jurisdictions have signed agreements will the Contraventions Act Fund be completely committed.
Program 1.2: Office of the Federal Ombudsman for Victims of Crime
Description
The Office of the Federal Ombudsman for Victims of Crime (OFOVC) was created to provide a voice for victims of crime at the federal level and to ensure that the federal government meets its commitments to victims. The Office provides direct information, referral, and complaint-review services to its primary clients – victims, victims’ family members or representatives, victim-serving agencies, and other related stakeholders. The Office also helps raise awareness of systemic issues amongst all criminal justice and victim-serving personnel and provides related recommendations and advice to the Government of Canada through the Minister of Justice. In order to fulfill its mandate, the Office promotes access by victims to existing federal programs and services for victims; addresses complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act; promotes awareness of the needs and concerns of victims and the applicable laws that benefit victims of crime, including promoting the principles set out in the Canadian Statement of Basic Principles of Justice for Victims of Crime; identifies and reviews emerging and systemic issues that negatively impact victims of crime; and facilitates access by victims to existing federal programs and services by providing them with information and referrals. The Ombudsman reports directly to the Minister of Justice and, as such, the Office falls outside the Department’s governance framework.
| 2014-15 Main Estimates | 2014-15 Planned Spending | 2014-15 Total Authorities Available for Use | 2014-15 Actual Spending (Authorities used) | 2014-15 Difference (Actual minus Planned) |
|---|---|---|---|---|
| 1,318,570 | 1,318,570 | 1,318,823 | 1,080,165 | -238,405 |
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 9 | 9 | 0 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Victims of crime access information on their rights and the federal programs and services that are available to them and/or access a complaint review process to address complaints about federal programs, services, laws or policies regarding victims of crime | Year-over-year percentage increase of client contacts with OFOVC | 2 | Not available. Please see Performance Analysis and Lessons Learned section below. |
| Federal departments, agencies and other stakeholders are provided with OFOVC recommendations on how to effect change for victims of crime | Percentage of OFOVC recommendations submitted and acknowledged and/or acted upon | 100 | Not available. Please see Performance Analysis and Lessons Learned section below. |
| Stakeholders have access to timely and relevant information about the Office and its activities | Percentage of all pre-identified key stakeholders contacted annually | 100 | Not available. Please see Performance Analysis and Lessons Learned section below. |
| Year-over-year percentage increase of visits to the OFOVC website | 5 | Not available. Please see Performance Analysis and Lessons Learned section below. |
Performance Analysis and Lessons Learned
The Office of the Federal Ombudsman for Victims of Crime falls outside the Department’s governance framework. Information regarding activities performed in 2014-15 will be made available in the Office of the Federal Ombudsman for Victims of Crime 2014-15 Annual Report. For further information regarding the 2014-15 activities, please see the Office’s website.
Strategic Outcome 2: A Federal Government that is Supported by High-Quality Legal Services
Under the Department of Justice Act, the Minister of Justice and Attorney General of Canada provides high-quality legal services to the federal government and its departments and agencies. According to 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. Under section 4.1 of the Act, the Minister is responsible for examining all government bills introduced in or presented to the House of Commons and, subject to the Statutory Instruments Act, all government regulations to ascertain whether any of their provisions are inconsistent with the Canadian Charter of Rights and Freedoms. Additionally, under section 5 of the Department of Justice 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 with respect to any subject within the authority or jurisdiction of Canada.
Program 2.1: Legal Services to Government Program
Description
The Department of Justice provides an integrated suite of high-quality legal advisory, litigation, and legislative services to the Minister of Justice and to all federal departments and agencies to support them in meeting the Government’s policy and programming priorities and to advance the overall objectives of the Government. Services are provided through a network of departmental legal services units co-located with client departments and agencies, specialized legal capacities within national headquarters, and a network of regional offices and sub-offices providing legal advisory and litigation services to federal departments and agencies across the country.
| 2014-15 Main Estimates | 2014-15 Planned Spending | 2014-15 Total Authorities Available for Use | 2014-15 Actual Spending (Authorities used) | 2014-15 Difference (Actual minus Planned) |
|---|---|---|---|---|
| 194,550,000 | 201,897,664 | 206,826,028 | 208,762,405 | 6,864,741 |
Note: The 2014-15 budgetary financial information provided in this document excludes the Department's Vote-Netted Revenue Authority which allows the Department to recover from other government departments and agencies some of the costs incurred to deliver legal services.
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 3,177 | 3,079 | -98 |
Note: The 2014-15 Human Resources information provided in this document includes the FTEs related to the recovery of costs incurred to deliver legal services.
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Federal departments and agencies receive high-quality legal services | Client satisfaction mean rating on the overall quality of legal advisory, litigation, legislative, and regulatory drafting services on a 10-point scale | 8 | Advisory: 8.4Table note ***** Litigation: 8.3Table note ***** Legislative: 8.5Table note ***** Regulatory: 8.5Table note ***** |
| Client satisfaction mean rating on the Department of Justice Canada performance against service standards for the delivery of legal services on a 10-point scale | 8 | Responsiveness/ Accessibility: 8.6Table note ***** Usefulness: 8.0Table note ***** Timeliness: 7.9Table note ***** |
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| The Crown’s interest is represented before courts and tribunals | Percentage of litigation files that have a successful outcome (settled and adjudicated) | 70 | 71.1 |
- Table note *****
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The result presented reflects feedback collected during Cycle II of the Client Feedback Survey (2009-2012). The Survey was not undertaken in 2014-15, but will resume in 2015-16.
Performance Analysis and Lessons Learned
Through the Legal Services to Government Program, approximately $209 million and 3,079 FTEs were allocated to activities supporting the provision of high-quality legal services to the Government and federal departments and agencies.
In pursuit of legal excellence, the Department continued to explore innovative opportunities and identify best practices. For example, to promote social and economic development in the North, the Department produced a set of best practices for resource-development projects, which drew on the Department’s extensive experience with northern environmental assessment and regulatory processes. Moreover, to leverage technology and the digital workspace, the Department also developed an electronic document depository for real property transactions.
The Department has also achieved ongoing success in transferring knowledge and broadening the scope of work by continuing the innovative practice of forming inter-portfolio legal teams for high impact cases. This practice allows employees to be assigned files that align with their expertise and interests, and promotes employee engagement and job satisfaction while achieving the Government’s priorities.
Together with its client departments and agencies, the Department has worked on significant initiatives to contain the cost of legal services. An increased emphasis on business analytics has allowed the Department to identify opportunities to achieve greater efficiencies, including implementing national benchmarks for certain types of legal files, such as in the area of tax and immigration law.
The Department continued to advance its transformation agenda to achieve a more productive, economical practice of law. In doing so, it has developed new service-delivery models including centres of expertise for more efficient, integrated legal advisory services. This transformation agenda further entailed the implementation of a department-wide integrated human resources plan to strategically manage reorganization challenges and mitigate risks. The Department continued to increase support to counsel through the effective use of paralegals, contributing extensively to departmental knowledge management and the appropriate alignment of human resources and government priorities. While the Department continues to face the challenge of sustaining capacity and expertise to support the delivery of high-quality legal services, it is working to address this through training, succession planning and talent management.
Internal Services
Description
Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are Management and Oversight Services, Communications Services, Legal Services (Corporate Counsel), Human Resources Management Services, Financial Management Services, Information Management Services, Information Technology Services, Real Property Services, Materiel Services, Acquisition Services, and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not those provided to a specific program.
| 2014-15 Main Estimates | 2014-15 Planned Spending | 2014-15 Total Authorities Available for Use | 2014-15 Actual Spending (Authorities used) | 2014-15 Difference (Actual minus Planned) |
|---|---|---|---|---|
| 86,402,269 | 110,509,540 | 126,792,857 | 115,249,778 | 4,740,238 |
Note: The 2014-15 budgetary financial information provided in this document excludes the Department's Vote-Netted Revenue Authority which allows the Department to recover from other government departments and agencies some of the costs incurred to deliver legal services.
| 2014-15 Planned | 2014-15 Actual | 2014-15 Difference (Actual minus Planned) |
|---|---|---|
| 1,126 | 1,058 | -68 |
Note: The 2014-15 Human Resources information provided in this document includes the FTEs related to the recovery of costs incurred to deliver legal services.
Performance Analysis and Lessons Learned
In 2014-15, with approximately $115 million and 1,058 FTEs, Internal Services continued to support the Department’s two strategic outcomes: a fair, relevant and accessible Canadian justice system and a federal government that is supported by high-quality legal services.
To ensure that projects and resources are aligned with departmental priorities, including government-wide initiatives like the Policy Suite Renewal and the Transformation of Pay Administration Initiative, the Department implemented the Resource Investment and Advisory Board and the Departmental Project Management Framework. In addition, the Department’s Investment Plan covering five years of investments (2014-15 to 2018-19) was approved by the Treasury Board. Justice also continued to implement its national Legal Risk Management Framework, adapting it to the specific needs of advisory services —for example, Justice lawyers can now access reports on the risk level of its inventory and benefit from customized tools.
As part of the implementation of the new Performance Management Directive, the Department undertook such key activities in 2014-15 as providing Justice-specific tools, processes, and communications to managers and employees outlining the different performance management requirements for executives and employees. Extensive consultation with the Treasury Board Secretariat was also required for evaluating the performance of lawyers, as a different rating scale, embedded in the collective agreement of the legal cadre, had to be used. The Department was recognized by the Chief Human Resources Officer as having achieved impressive results with over 85 percent of employees having a mid-year review, 13.5 percent higher than the public service average. At year-end, preliminary results show Justice with a completion rate of 94 percent for assessments.
Working closely with Shared Services Canada (SSC), the Department continued to implement initiatives aimed at greater efficiency, such as the E-mail Transformation Initiative, telecommunications transformation, and the migration to SSC of responsibility for the provision of end-user devices (workplace technology devices). The Department’s Internet presence has been aligned to Government of Canada standards and incorporated into the new Canada.ca portal. The Department also continued its outreach to Canadians through official social media channels.
The Department also developed the Information@Justice Strategy and the Digital Workspace Project Portfolio to guide the modernization of departmental information practices by adopting a digital standard that recognizes the importance of information assets and leveraging technology to transform current work practices for better business outcomes, and promote the use of digital legal tools such as Justipedia, the national legal knowledge management portal. Within this context, the Department also modernized its Intranet presence to better engage with employees and meet their information needs.
The Department met its targets in regard to Greening Government Operations and Sustainable Development —in some cases, such as paper reduction, it exceeded the targets. Furthermore, the Department continued to contain costs through the realization of accommodations projects and alignment with Workplace 2.0 standards.
The Department is already reaping the benefits from these changes and it will continue to look for ways to streamline its processes. In support of managing organizational change in the context of cost containment, the Department is setting out accountability more clearly and implementing service standards and common business processes.
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