2015–16 Departmental Performance Report
Section I: Organizational Overview
Organizational Profile
- Minister:
- Jody Wilson-Raybould
- Deputy Head:
- William F. Pentney
- Ministerial Portfolio:
- Justice
- Main legislative authority:
- Department of Justice Act
- Year established:
- 1868
Organizational Context
Raison d’être
The Department of Justice has the mandate to support the dual roles of the Minister of Justice and the Attorney General of Canada.
Under Canada’s federal system, the administration of justice is an area of shared jurisdiction between the federal government and the provinces and territories. The Department supports the Minister of Justice, who is responsible for 52 statutes and areas of federal law, by ensuring a bilingual and bijural national legal framework, principally within the following domains: criminal justice (including justice for victims of crime and youth criminal justice), family justice, access to justice, Aboriginal justice, public law, and private international law.
The Department also supports the Attorney General as the chief law officer of the Crown, both in terms of the ongoing operations of government and of the development of new policies, programs, and services for Canadians. The Department provides legal advice to the Government and federal government departments and agencies, represents the Crown in civil litigation and before administrative tribunals, and drafts legislation.
Responsibilities
The Department of Justice was officially established in 1868, when the Department of Justice Act was passed in Parliament. The Act sets out the roles and responsibilities of the Department as well as those of the Minister of Justice and Attorney General of Canada.
The Department of Justice fulfills three distinctive roles within the Government of Canada. It acts as:
- a policy department with broad responsibilities for overseeing all matters relating to the administration of justice that fall within the federal domain—in this capacity, it strives to ensurea fair, relevant, and accessible Canadian justice system for all Canadians;
- a provider of a range of legal advisory, litigation, and legislative services to government departments and agencies; and
- a central agency responsible for supporting the Minister in advising Cabinet on all legal matters.
The Department of Justice has approximately 4,300 dedicated FTE employees, and 59 percent of Justice employees are located in the National Capital Region. The other 41 percent provide a strong national presence through a network of regional offices and sub‑offices across the country.
Just over half of the Department’s employees are lawyers. The other half comprises a broad range of professionals, including paralegals, social scientists, program managers, communications specialists, financial officers, and administrative services personnel.
Strategic Outcomes and Program Alignment Architecture
*The Office of the Federal Ombudsman is included in the Department’s Program Alignment Architecture for administrative purposes; however, the Ombudsman reports directly to the Minister of Justice and, as such, the Office falls outside the Department’s governance framework.
Strategic Outcomes and Program Alignment Architecture - Text version
This diagram presents the Department of Justice Canada’s Program Alignment Architecture (PAA). It consists of five levels assembled in a hierarchy. The Programs, in order from top to bottom, are: Strategic Outcomes, Programs, Sub Programs and Sub-Sub Programs.
Strategic Outcomes
- Strategic Outcome 1 - A fair, relevant and accessible Canadian justice system supports SOCIAL AFFAIRS, A safe and secure Canada.
- Strategic Outcome 2 - A federal government that is supported by high-quality legal services supports GOVERNMENT AFFAIRS, well-managed and efficient government operations.
Programs
- Program 1.1 - Stewardship of the Canadian Legal Framework supports Strategic Outcome 1: A fair, relevant and accessible Canadian justice system.
- Program 1.2 - Office of the Federal Ombudsman for Victims of Crime supports Strategic Outcome 1: A fair, relevant and accessible Canadian justice system.
- Program 2.1 - Legal Services to Government Program supports Strategic Outcome 2: A federal government that is supported by high-quality legal services.
- Internal Services supports both strategic outcomes.
Sub-Programs:
- Two sub-programs support Program 1.1– Stewardship of the Canadian legal framework:
- Sub-program 1.1.1 Legal Policies and Laws
- Sub-program 1.1.2 Justice System Support
- Program 1.2– Office of the Federal Ombudsman for Victims of Crime has no supporting sub-programs.
- Program 2.1 – Legal Services to Government Program has no supporting sub-programs
- Internal Services has no supporting sub-programs
Sub-Sub-Programs
- Sub-program 1.1.1 Legal Policies and Laws has no supporting sub-sub-programs
- Six sub-sub-programs support Sub-program 1.1.2 Justice System Support
- 1.1.2.1 Criminal Justice and Legal Representation
- 1.1.2.2 Victims of Crime
- 1.1.2.3 Youth Justice
- 1.1.2.4 Family Justice
- 1.1.2.5 Aboriginal and Northern Justice
- 1.1.2.6 Justice in Official Languages
Operating Environment and Risk Analysis
| Risk | Risk Response Strategy | Link to the Organization’s Programs |
|---|---|---|
| Responding to new and emerging policy priorities – There is a risk that the broad scope and complexity of the justice system pose ongoing challenges for timely policy and program responses. | As identified in the 2015-16 Report on Plans and Priorities, the Department:
|
Strategic Outcome 1 – A Fair, Relevant and Accessible Canadian Justice System Program 1.1 – Stewardship of the Canadian Legal Framework |
| Maintaining partnerships necessary for policy/program development and delivery – There is a risk that relationships with essential justice system partners and stakeholders could weaken if not actively maintained. | As identified in the 2015-16 Report on Plans and Priorities, the Department:
|
Strategic Outcome 1 – A Fair, Relevant and Accessible Canadian Justice System Program 1.1 – Stewardship of the Canadian Legal Framework |
| Meeting evolving demands for legal services – There is a risk that unanticipated changes in the volume or nature of legal service requests, as well as changes in law practice management, could impact the Department’s ability to deliver effective and fiscally sustainable services. | As identified in the 2015-16 Report on Plans and Priorities, the Department:
|
Strategic Outcome 2 – A Federal Government that is Supported by High-Quality Legal Services Program 2.1 – Legal Services to Government Program |
The effective management and monitoring of key corporate risks supported the implementation of the Department’s priorities in 2015-16.
Given that the administration of justice in Canada is a matter of shared jurisdiction, the Department’s stewardship of the Canadian legal framework requires close collaboration with the provinces and territories. The Department must also work with a broad range of stakeholders, which includes other federal departments, non-governmental organizations, and international institutions. At times, relationships with these essential partners may be affected by the need to balance expectations and interests. An additional complexity in this current era of electronic information and connectedness is heightened expectations for rapid responses to emerging issues.
To manage these risks, the Department continued to monitor emerging trends in order to inform forward planning and maintain policy responsiveness. As well, the Department continued to conduct departmental planning sessions to promote information sharing and coordination on key policy issues. An ongoing dialogue was maintained with key partners and stakeholders, and the Department worked to ensure the appropriate engagement of funding recipients. The Department also continued succession planning and knowledge-management activities to maintain the proper knowledge, skills, and expertise required to navigate within this complex operating environment.
In its role as a provider of legal advisory, litigation, and legislative services to other federal departments and agencies, the Department must maintain the appropriate delivery capacity to meet legal needs. This capacity is largely contingent on the recovery of costs from clients. As clients adjust priorities, there may be unanticipated changes in the volume or nature of legal service demand. The Department's ability to meet service demands may also be affected by changes in law-practice management. Legal work is increasingly complex and cross-cutting. Moreover, the volume of electronically stored information that is crucial to legal files continues to grow rapidly, further adding to complexity in the operating environment.
To manage evolving service demands appropriately, Justice has taken a number of actions. For instance, the Department has improved its financial forecasting processes and has continued joint planning with clients. This collaboration includes sharing information on the effective management of legal risks, the triggers and costs of litigation, and the appropriate role of legal counsel. The Department has also actively supported ongoing professional development for its legal staff and has developed and enhanced supporting tools, technologies, and processes. All of these activities have been undertaken within the context of the horizontal review of legal services, which was initiated in 2013-14 and was completed this fiscal year, with a view to effectively managing the demand for legal services while ensuring the fiscal sustainability of those services in the long term. In response to the findings of this review, the Department will continue to refine its service-delivery model over a three-year period.
Organizational Priorities
Priority
Renewing the Relationship with Indigenous Peoples
Priority TypeFootnote 2
Minister’s Mandate Letter
To renew Canada’s nation-to-nation relationship with Indigenous peoples based on recognition of rights, respect, cooperation, and partnership.
| Planned Initiatives | Start Date | End Date | Status | Link to the Organization’s Programs |
|---|---|---|---|---|
| Develop, in collaboration with the Minister of Indigenous and Northern Affairs and supported by the Minister of Status of Women, an approach to, and a mandate for, an inquiry into missing and murdered Indigenous women and girls in Canada. | Ongoing | To be determined. | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
| Work with the Minister of Public Safety and Emergency Preparedness and the Minister of Indigenous and Northern Affairs to address gaps in services to Indigenous people and those with mental illnesses throughout the criminal justice system. | November 2015 | To be determined. | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
| Develop and design, in collaboration with the Minister of Indigenous and Northern Affairs, other ministers, First Nations, the Métis Nation, the Inuit, parties to the Indian Residential School Settlement Agreement, and other key partners, a national engagement strategy for developing and implementing a national reconciliation framework, informed by the recommendations of the Truth and Reconciliation Commission. | November 2015 | To be determined. | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
Progress Toward the Priority
In response to a key mandate letter priority, the Department is working to advance the objective of renewing Canada’s relationship with Indigenous peoples in cooperation with the Minister of Indigenous and Northern Affairs, other ministers, First Nations, the Métis Nation, the Inuit, parties to the Indian Residential School Settlement Agreement, and other key partners.
The Department worked, and will continue to work, collaboratively with federal, provincial, and territorial colleagues to coordinate a response to the Truth and Reconciliation Commission’s Calls to Action, including addressing the overrepresentation of Indigenous peoples in the criminal justice system.
In collaboration with Indigenous peoples, the Department continued to develop laws, policies and operational practices that better reflect their specific circumstances and align with the overall direction of achieving reconciliation.
In 2015-16, the Department continued to work collaboratively with Status of Women Canada, Indigenous and Northern Affairs Canada, and Public Safety Canada to implement year one of the five-year Action Plan to Address Family Violence and Violent Crimes Against Aboriginal Women and Girls. The plan includes Justice-led policy and program initiatives to support Indigenous victims and families of missing or murdered Indigenous women.
The Department has undertaken work to develop an approach and mandate for a national inquiry into missing and murdered Indigenous women and girls in Canada.
Addressing issues faced by Indigenous people in their interaction with the criminal justice system includes the following:
- inviting engagement from stakeholders (traditional and non-traditional) on the direction for the Criminal Justice System;
- assessing impacts of the administration of justice on vulnerable populations;
- addressing gaps in services to Indigenous people and those with mental health issues and addictions; and
- increasing the use of restorative justice processes and other initiatives to reduce the rate of incarceration among Indigenous people and other vulnerable populations.
Justice continues to support Indigenous and Northern Affairs Canada in the development of a national engagement strategy for a national reconciliation framework informed by the recommendations of the Truth and Reconciliation Commission.
Policy work to advance work on reconciliation is also ongoing within the Department. This includes substantive policy coordination with other federal departments to respond to the Truth and Reconciliation Commission’s Calls to Action, and implementing the United Nations Declaration on the Rights of Indigenous Peoples. In particular, Justice has been supporting other federal departments in identifying issues where meaningful directional change is possible and outcomes can be delivered within a five-year time frame.
Priority
Criminal Law
Priority Type
Ongoing
1) To ensure that the justice system continues to enhance the personal safety and security of citizens through criminal laws, policies, and programs.
2) To support victims of crime.
| Planned Initiatives | Start Date | End Date | Status | Link to the Organization’s Programs |
|---|---|---|---|---|
| Criminal laws, policies, and programs. | Ongoing | Ongoing | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
Progress Toward the Priority
In 2015-16, in support of government priorities, the Department worked to ensure that the justice system continues to enhance the personal safety and security of Canadians. Accordingly, it supported the introduction, re-introduction, or parliamentary enactment of the following:
- Bill C-26, the Tougher Penalties for Child Predators Act
- Bill C-32, the Victims Bill of Rights Act
- Bill C-35, the Justice for Animals in Service Act (Quanto’s Law)
- Bill C-53, the Life Means Life Act
- Bill C-69, the Penalties For the Criminal Possession of Firearms Act
- Bill C-73, the Dangerous and Impaired Driving Act
The Department also supported amendments to the Criminal Code through the following:
- Bill C-42, the Common Sense Firearms Licensing Act
- Bill C-51, the Anti-terrorism Act, 2015
- Bill S-7, the Zero Tolerance for Barbaric Cultural Practices Act
Furthermore, the Department led the Government’s response to 18 private members’ bills that proposed criminal law reforms to address public safety issues.
The Department also continued to lead the National Anti-Drug Strategy, collaborating with 11 federal departments. The Strategy had been expanded in the 2013 Speech from the Throne to include prescription-drug abuse, and the 2014 federal budget allocated $44.9 million over five years to this important area.
Working with provinces, territories, and non-governmental organizations, the Department supported programs and initiatives designed to enhance the Canadian criminal justice system. This included reviewing new priority issues supporting the effective implementation of reforms that were enacted by Bill C-13, the Protecting Canadians from Online Crime Act.
The Department also supported the Government’s international priorities related to justice system reforms by participating in multilateral forums on matters such as corruption, drugs, and cybercrime, and by providing technical assistance to foreign countries. That work contributed to the promotion of democracy, respect for human rights, effective governance, and international security.
| Planned Initiatives | Start Date | End Date | Status | Link to the Organization’s Programs |
|---|---|---|---|---|
| Support victims of crime. | Ongoing | Ongoing | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
Progress Toward the Priority
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. The Victims Fund grants and contributions program provided funding to provincial and territorial governments and non-governmental organizations to encourage initiatives that promote access to justice for victims of crime. In 2015-16, new funding of $1.2 million was made available through the Victims Fund, which enabled it to fund 171 projects across Canada.
The Department hosted a federal symposium for Victims of Survivors and Crime Week. Three federal symposia (Ottawa, Vancouver, and Halifax), as well as related events and projects, were hosted across the country to raise awareness about issues facing victims of crime and the services, programs, and laws in place to help victims and their families.
The Department supported the enactment, coming into force, and implementation of the Canadian Victims Bill of Rights, which came into force on July 23, 2015. The Department continued to engage with key stakeholders, including the Federal/Provincial/Territorial (FPT) Working Group on Victims of Crime and the FPT sub-committee on the effective implementation of the Canadian Victims Bill of Rights Act.
Furthermore, the Department continued to provide support to address the needs of child and youth victims or witnesses through policy and program initiatives to develop and enhance Child Advocacy Centres across Canada.
Priority Type
Minister’s Mandate Letter
To ensure that legislation meets the highest standards of equity, fairness, and respect for the rule of law.
| Planned Initiatives | Start Date | End Date | Status | Link to the Organization’s Programs |
|---|---|---|---|---|
| Lead a process, supported by the Minister of Health, to work with provinces and territories to respond to the Supreme Court of Canada decision regarding physician-assisted death. | Ongoing | Ongoing | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
Progress Toward the Priority
The Department supported the Government’s response to the Supreme Court of Canada’s February 2015 decision on physician-assisted dying, which included the establishment of the External Panel on Options for a Legislative Response to Carter v. Canada, a Parliamentary Special Joint Committee study of the issue, and the development of a legislative response, which was tabled on April 14, 2016. Bill C‑14–Medical Assistance in Dying received Royal Assent on June 17, 2016.
| Planned Initiatives | Start Date | End Date | Status | Link to the Organizations Programs |
|---|---|---|---|---|
| Review of the Criminal Justice System. | November 2015 | To be determined. | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
Progress Toward the Priority
Reviewing the Criminal Justice System and developing a process leading to the legalization and regulation of marijuana are commitments for 2016-17.
The approach to the review of the Criminal Justice System includes broad engagement. Areas of focus include the following:
- examining the principles upon which the criminal justice system is based;
- strengthening our information about how the system is working;
- understanding where resources are going;
- considering the need for discrete or comprehensive legislative reform; and
- addressing the overrepresentation and disproportionate impacts of the criminal justice system on vulnerable and marginalized people.
| Planned Initiatives | Start Date | End Date | Status | Link to the Organizations Programs |
|---|---|---|---|---|
| Work with the Minister of Public Safety and Emergency Preparedness and the Minister of Health to create a federal-provincial-territorial process that will lead to the legalization and regulation of marijuana. | November 2015 | To be determined. | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
Progress Toward the Priority
With regard to the legalization and regulation of marijuana, an area of focus is the following:
- developing new regimes for the legalization, regulation, and restriction of access to marijuana for non-medical purposes in order to protect youth, keep profits away from organized crime, and reduce costs to the police and to the justice system.
Priority
Public Law
Priority Type
Minister’s Mandate Letter
To support the Government’s commitment to upholding the Constitution and the rule of law, and assist the Government in advancing related domestic and international legal and policy interests through development of public law policy.
| Planned Initiatives | Start Date | End Date | Status | Link to the Organization’s Programs |
|---|---|---|---|---|
| Ensure that the rights of Canadians are protected, that the Government’s work demonstrates the greatest possible commitment to respecting the Charter, and that the Government seeks to fulfill its policy goals with the least possible interference with the rights and privacy of Canadians. | November 2015 | Ongoing | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
Develop a parliamentary engagement and stakeholder consultation strategy leading to a more transparent, inclusive, and accountable process for appointing justices to the Supreme Court of Canada, and ensuring judges are functionally bilingual. Also, develop a stakeholder consultation strategy leading to recommendations for a more transparent, inclusive, and accountable process for appointing justices to the superior courts. |
November 2015 | October 2016 | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
| Consult provinces and territories to gauge their interest in the expansion of Unified Family Courts and bring forward implementing legislation and related measures. | November 2015 | April 2018 | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
| Introduce legislation to add gender identity as a prohibited ground for discrimination under the Canadian Human Rights Act. | December 2015 | May 2016 | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
| Provide policy support to officials at Canadian Heritage to restore a modern Court Challenges Program. | November 2015 | Ongoing | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
| Support the Government’s review of the Access to Information Act, including the commitment to apply that law appropriately to administrative bodies that support the federal courts. | November 2015 | March 2018 | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
| Lead work toward modernizing the Privacy Act in order to meet Canadians’ changing expectations of public sector privacy. | April 2016 | June 2019 | Ongoing | Program 1.1 – Stewardship of the Canadian Legal Framework |
Progress Toward the Priority
The Department established commitments from the Minister’s mandate letter to support Government priorities related to Public Law, including respecting the Charter and introducing legislation for gender identity protections.
Key activities include the following:
- reviewing federal Acts for compliance with the Charter and where necessary revising legislation, regulations, and litigation strategy to ensure consistency with the Charter and with section 35 of the Constitution Act, 1982.
- enhancing legislative protections and improving access to the human rights complaint process for transgender and gender diverse persons, as well as increasing public awareness of and compliance with legal protections.
- modernizing the Privacy Act to increase public trust in the Government’s ability to protect personal information in a networked information society.
- revitalizing access to information through concrete commitments, including preparing for a full review of the Access to Information Act in 2018.
- revising the process for Supreme Court of Canada judicial appointments, as well as Superior Court appointments, to increase respect for judicial independence and enhance the transparency, fairness, and credibility of judicial appointment processes.
- enhancing access to early resolution of family disputes through the creation and/or expansion of Unified Family Courts.
Priority
Legal Services to Government
Priority Type
Ongoing
To support the Government of Canada’s priorities through the delivery of high-quality legal services.
| Planned Initiatives | Start Date | End Date | Status | Link to the Organization’s Programs |
|---|---|---|---|---|
| Provide litigation, advisory, and legislative services to client departments and agencies to help them implement Government priorities. | Ongoing | Ongoing | Ongoing | Program 2.1 – Legal Services to Government Program |
Progress Toward the Priority
In 2015-16, on behalf of the Government of Canada and federal departments and agencies, the Department of Justice continued to provide high-quality legal services in support of economic, social, governmental, and international policy and programming priorities.
With respect to economic affairs, the Department continued to provide legal services to support initiatives aimed at advancing the Government’s priorities. It also provided legal services in support of consultations on major resource development projects. Furthermore, the Department provided legal services in support of the Government’s trade-liberalization agenda and the Federal Framework for Aboriginal Economic Development. Justice provided legal advice on the preparation of the federal budget, as well as on military procurement issues. The Department also supported the development and implementation of telecommunications policies and various consumer and competition-oriented initiatives. Justice provided comprehensive and coordinated legal services for the drafting and implementation of key legislation as well as for high-profile and complex litigation, such as the response to the Lac Mégantic tragedy. The Department continued in its legal advisory, legal policy, and litigation roles to support the Government’s Action Plan on Specific Claims “Justice at Last”, including representing the Government before the Specific Claims Tribunal, by implementing the Indian Residential Schools Settlement Agreement and by developing a resolution strategy for other Indigenous childhood claims.
In the area of social affairs, the Department provided legislative and advisory services to client departments and agencies to help respond to court decisions with respect to mandatory minimum penalties for possession of firearms, physician-assisted dying, and Canada’s medical marijuana regime. It also provided expert legal services regarding Bill C-51 and the Anti-terrorism Act, 2015; the Victims Bill of Rights Act; cybercrime; the Citizenship Act reform; and criminal law reform. Justice provided services for regulations on immigration reforms related to temporary foreign workers, skilled workers, and immigrant investors; regulations made under the Strengthening Canadian Citizenship Act; regulations to reduce red tape affecting businesses; regulations to unbundle channels (for cable service packages); and regulations for the enhancement of high-speed broadband networks for Canadians. Justice also provided support for amendments to the Tobacco Act for flavouring and electronic cigarettes. Through comprehensive and coordinated legal services, the Department supported the entry of 25,000 Syrian refugees into Canada. It also supported the Canadian effort as host of the Pan Am and Parapan Am Games of 2015.
The Department supported the Government in international affairs through the provision of legal services for initiatives in areas of national security, foreign relations, and trade. For example, it provided legal support to facilitate border flow, helped continued negotiation on border security (including preclearance and entry-exit), supported Canada’s economic sanctions regimes, and provided legal support to Canada’s military. In addition, the Department assisted with the negotiation, legal review, and plans for the implementation of the Canada‑European Union Comprehensive Economic and Trade Agreement and the Canada‑European Union Strategic Partnership Agreement, as well as other trade and investment agreements. It provided litigation services on disputes under the World Trade Organization Agreement and on claims brought under the North American Free Trade Agreement. Of special note is the successful resolution of the U.S. Country of Origin Labelling dispute and the dismissal of the Detroit International Bridge Corporation investor-state dispute, with costs of $2 million paid to Canada. The Department provided advice and support on high-profile, sensitive, and complex files regarding counter‑terrorism, immigration, and refugee law changes. It also continued to provide support for the prosecution of persons accused of crimes against humanity and war crimes.
In terms of governmental affairs, the Department provided legal services in support of new legislative measures and tax changes to combat tax evasion, which helped enforce monetary penalties and criminal offences under the Income Tax Act and the Excise Tax Act. These measures were designed to improve the integrity of the tax system and protect the tax base by combatting domestic and international tax avoidance and evasion, as well as by reducing red tape. The Department defended the Government’s position in over 15,000 tax litigation files, which included complex tax appeals and high-risk collections files. Justice supported the Canada Revenue Agency (CRA) in implementing several measures, including those to deter the use of electronic sales suppression devices; on developing legislation to require reporting of electronic funds transfers to enable the CRA to identify taxpayers who may have unreported income offshore; and in creating new information-sharing provisions to enable CRA to provide information regarding listed serious offences.
Also in terms of government affairs, the Department provided legal services in support of amendments to private and public pension legislation and regulations, as well as litigation support in response to challenges to labour and employment legislation. The Department drafted legislation to respond to the Supreme Court of Canada decision regarding freedom of association of members of the Royal Canadian Mounted Police (RCMP). Justice also provided legal services on legislative and regulatory changes concerning the Public Service Employment Act and related regulations with respect to the long-term hiring of casuals by the RCMP and the addition of veterans as statutory priorities. Justice defended the constitutionality of Canadian legislation with respect to healthcare (e.g. physician-assisted dying and Canada’s medical marijuana regime). The Department supported labour relations negotiations for public service collective agreements. Justice services were also provided in support of the regulation of federally regulated financial institutions, in particular the taking control of a branch of a foreign bank, and in the implementation of the risk-based compliance initiative. As well, the Department provided assistance with regard to the administrative monetary penalties regime, particularly its review and appeal process under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
In terms of litigation services within the area of government affairs, the Department played a key role in supporting client departments in managing the Government’s litigation inventory of over 42,000 active cases. Of these, 17,017 cases were concluded by way of adjudication or settlement. The Department settled 6,635 cases (39 percent) and successfully adjudicated 7,173 cases (42 percent) before courts and tribunals, resulting in successful outcomes in approximately 80 percent of all litigation files concluded in 2015-16. Additionally, the Department has undertaken a review of its litigation strategy in accordance with the Minister’s mandate letter and expects to continue to achieve positive results. Through consultation and collaboration with federal departments and agencies, the Department has taken steps to ensure that positions taken in litigation files are consistent with the Government’s commitments, the Charter,and Canadian values. This has led to the settlement of some cases, the abandonment of appeals, new positions being put forward, and cases being put on hold while the parties negotiate or while litigants consider whether their cases could be resolved through new government initiatives and programs and/or legislative and regulatory reform.
Priority
Management Excellence
Priority Type
Ongoing
To manage organizational transformation in support of business and legal excellence.
| Planned Initiatives | Start Date | End Date | Status | Link to the Organization’s Programs |
|---|---|---|---|---|
| Support public service renewal priorities through Blueprint 2020, with emphasis on service excellence, encouraging transformative activities and streamlining of processes. | Ongoing | Ongoing | Ongoing | Internal Services |
| Support the development or implementation of government-wide transformation initiatives such as Workplace 2.0, Transformation of Pay Administration, and key Information Management/Information Technology (IM/IT) initiatives. | Ongoing | Ongoing | Ongoing | Internal Services |
| Advance Canada’s Legal Team vision through three pillars: a whole-of-Justice approach, legal and business excellence, and applying new ways of working through talent, innovation and technology. | Ongoing | Ongoing | Ongoing | Internal Services |
| Transition toward a digital-first approach to efficiently and effectively deliver communications services to the Department. | Ongoing | Ongoing | Ongoing | Internal Services |
Progress Toward the Priority
In completing the implementation of the Modernization Strategy (2012-15), the Department continued to support responsible expenditure management and providing services to Canadians at a lower cost.
The Depatment supported the Clerk of the Privy Council’s Blueprint 2020 vision to provide better services at a lower cost through transformative activities, namely collaboration, innovation, process streamlining, and fostering a high-performing and adaptable public service. Key activities undertaken by the Department included the fostering of innovation through initiatives such as the Legal Services Bazaar, an open collaborative event that was held in June 2015 with over 550 attendees from Justice and other departments. The Bazaar encouraged the exchange of ideas and showcased new approaches to delivering legal services, providing an opportunity for two-way dialogue between users of legal services and the Department. Innovative ideas were showcased and valuable feedback was received that will ultimately improve legal services to clients. Furthermore, the Department’s Innovation Council was recast in June 2015, and the Council assessed ideas submitted by Justice employees through Blueprint 2020. The Council is developing two of these ideas, including one for a digital training hub to house crowd‑sourced training material on the Digital Workspace that is openly accessible to all employees.
The Legal Services Review measures that were approved by the Treasury Board Secretariat in June 2014 have been a major driver for efficiency in the Department. These measures have focused on redefining legal services, building partnerships with clients, and streamlining business performance. Activities in this area have included actively working with clients to find strategies to better manage demand. Further, the provision of legal advice on major energy projects was consolidated in the Department, the Paralegal Service Centre became operational, and all measures proposed under the budget were applied. The Department established the Deputy Minister-level Strategic Legal Issues Management Committee to provide oversight and high-level guidance for the implementation of the Legal Services Review, as well as to find further efficiencies in managing demand and streamlining processes, including the administration of the Legal Services Funding Model.
The Department continued to support the Workplace 2.0 government-wide strategy and the Clerk’s commitment to workplace renewal, contributing to creating a modern workplace where employees can work smarter, greener, and healthier to better serve Canadians. Justice continued to transform to a modernized workplace well-supported by digital-first approaches to information sharing, collaboration, and managing information. Changes to the way the Department communicates with employees in a digital-first environment were realized with a shift toward more results-driven, user-focused, and interactive tools, platforms, and approaches.
To modernize its business practices, Justice continued to implement its multi-year Information@Justice Strategy, focusing on digital information and business processes as well as facilitating and promoting greater use of IT digital legal tools. Through 2015-16, the Department continued preparations to implement the Shared Services Canada Email Transformation Initiative. The Department also continued preparation activities in support of network and data centre consolidation solutions aimed at streamlining and standardizing IT services in order to support the reduction of costs across government.
Justice continued to support the full implementation of the Common Human Resources Business Process, while under the Transformation of Pay Administration Initiative, the Department completed the transfer of pay accounts to the Public Service Pay Centre in Miramichi. Justice achieved a 91.5 percent completion rate by the April 30, 2016, deadline for 2015-16 performance assessments under the Treasury Board Directive on Performance Management (benchmarked against the Core Public Service of 77.18 percent). Justice also leveraged learning and development opportunities at the Canada School of Public Service as part of the enterprise-wide learning curriculum, delivered the final cohorts for its Executive Leadership Development Program, and expanded talent management activities to cascade below the executive level.
For more information on organizational priorities, see the Minister’s mandate letter.
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