2015–16 Departmental Performance Report
Section III: Analysis of Programs and Internal Services
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, 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.
| 2015-16 Main Estimates | 2015-16 Planned Spending | 2015-16 Total Authorities Available for Use | 2015-16 Actual Spending (Authorities used) | 2015-16 Difference (Actual minus Planned) |
|---|---|---|---|---|
| 393,390,464 | 394,638,847 | 399,106,482 | 384,331,448 | -10,307,399 |
| 2015-16 Planned | 2015-16 Actual | 2015-16 Difference (Actual minus Planned) |
|---|---|---|
| 258 | 255 | -3 |
| 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 i | 11th |
- Table note i
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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 2015-16, the Department spent approximately $384 million on the Stewardship of the Canadian Legal Framework Programand employed 255 FTEs. These resources were allocated to activities aimed at enhancing the personal safety of citizens; advancing criminal laws, policies, and programs through consultation and collaboration with stakeholders; and identifying emerging issues and implementing reforms for improving the justice system. The Department continued to support reforms that respect the Charter and Canadian values. Other key activities included supporting victims of crime, Indigenous and Northern justice, youth justice, family justice, justice in official languages, and drug treatment court programs, as well as promoting public legal education and information.
The Department continued to support new government priorities as presented in the Minister’s mandate letter, including the criminal justice system review; legalizing, regulating, and restricting access to marijuana; physician-assisted dying; criminal law reform; better balancing security, rights, and freedoms; gender identity protections; a review of the Access to Information Act as well as the Privacy Act; and immigration and refugee protection changes that support Canadian values. Justice continued to support the priority of renewing the relationship with Indigenous peoples in Canada. This renewal includes pursuing a national inquiry into missing and murdered Indigenous women and girls and supporting Indigenous and Northern Affairs Canada’s efforts to design a national engagement strategy for developing and implementing a national reconciliation framework that is informed by the recommendations of the Truth and Reconciliation Commission. Furthermore, the Department supported a strong, independent, meritorious, and diverse judiciary, as well as a fair and efficient court system through ongoing policy work on judicial compensation, judicial conduct, and superior courts appointment processes. Notably, many of these initiatives continue as key commitments for 2016-17.
The Department continued to support a variety of existing initiatives, including the Federal Victims Strategy, which aims to give victims and survivors of crime a more effective voice in the criminal justice system. Through the Strategy, the Department has been implementing the Canadian Victims Bill of Rights. As well, the Department has been advancing the Action Plan to Address Family Violence and Violent Crimes Against Aboriginal Women and Girls (2015‑2020), which was used to support the consultation process for the development of the National Inquiry into Missing and Murdered Indigenous Women and Girls.
In terms of international priorities, the Department continued to work with global partners to ensure that domestic legal frameworks and international instruments adequately supported international efforts to combat crime, including organized crime, illicit drugs, cybercrime, corruption, and terrorism. Justice supported the Government of Canada in elaborating and implementing foreign policy that complies with Canadian criminal law and policy while advancing and protecting Canadian interests and values.
Through grant and contribution funding, the Department continued to support 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.
Additionally, Justice conducted a series of evaluations to maximize the efficiencies and effectiveness of departmental functions and programs provided through the various grants and contribution funds:
- To support the management response to the first evaluation of the Criminal Law Policy Function, completed in March 2014, the Department continued its outreach to key partners and its review of opportunities for the efficient and effective realignment of resources to meet new priorities.
- The Department worked collaboratively with horizontal partners to finalize the Special Advocates Program (SAP) Evaluation (February 2015) of the Immigrant and Refugee Protection Act Division 9. In response to the evaluation’s recommendation, to diversify the scope of resources and support provided to special advocates within the current legislative framework, SAP has developed and discussed policy options with members of the Minister’s roster of persons that may be appointed as a special advocate.
- As lead department for the National Anti-Drug Strategy, Justice continued to work with other federal government departments and agencies to address emerging issues pertaining to illicit drug use, such as the abuse of prescription drugs. In response to the National Anti-Drug Strategy Evaluation of May 2012, the Department continued to carry out activities to strengthen information sharing and the Strategy’s governance structure. The Strategy’s Performance Measurement Strategy was finalized and preparation began for the upcoming evaluation to be conducted in 2016-2017.
- The Department also completed the Drug Treatment Court Funding Program Evaluation in April 2015. The report showed promising results in key areas such as retention and graduation rates; reduction in drug use; the use of community supports and better social stability; and the reduction of criminal involvement among Drug Treatment Court graduates.
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 OFOVC 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 OFOVC 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 OFOVC 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 reviewsemerging 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 OFOVC falls outside the Department’s governance framework.
| 2015-16 Main Estimates | 2015-16 Planned Spending | 2015-16 Total Authorities Available for Use | 2015-16 Actual Spending (Authorities used) | 2015-16 Difference (Actual minus Planned) |
|---|---|---|---|---|
| 1,320,994 | 1,320,994 | 1,320,615 | 1,115,554 | -205,440 |
| 2015-16 Planned | 2015-16 Actual | 2015-16 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 OFOVC and its activities. | Percentage of all pre‑identified key stakeholders contacted annually. | 100 | Not available. Please see Performance Analysis and Lessons Learned section below. |
Performance Analysis and Lessons Learned
The OFOVC falls outside the Department’s governance framework. Information regarding activities performed in 2015-16 will be made available in the Office of the Federal Ombudsman for Victims of Crime 2015-16 Annual Report. For further information regarding the 2015-16 activities, please see the OFOVC’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 drafting and reviewing all government regulations prior to registration to ensure conformity with the Statutory Instruments Act, and all government bills prior to tabling in Parliament to ensure that the bills are not 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.
| 2015-16 Main Estimates | 2015-16 Planned Spending | 2015-16 Total Authorities Available for Use | 2015-16 Actual Spending (Authorities used) |
2015-16 Difference (Actual minus Planned) |
|---|---|---|---|---|
| 192,604,324 | 198,250,530 | 207,091,862 | 194,449,097 | -3,801,433 |
| 2015-16 Planned | 2015-16 Actual | 2015-16 Difference (Actual minus Planned) |
|---|---|---|
| 3,124 | 3,023 | -101 |
| 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 ii Litigation: 8.3Table note ii Legislative: 8.5Table note ii Regulatory: 8.5Table note ii |
| 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 ii Usefulness: 8.0Table note ii Timeliness: 7.9Table note ii |
|
| The Crown’s interest is represented before courts and tribunals. | Percentage of litigation files that have a successful outcome (settled and adjudicated).Table note iii | 70 | 81 |
- Table note ii
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The results presented reflect feedback collected during Cycle II of the Client Feedback Survey (2009-2012). The Survey was not undertaken in 2015-16, but will resume in 2016-17.
- Table note iii
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All settlements of litigation are included as successful outcomes. Previously, there was a separation between settlements considered successful and others. As a result of the clarified methodology, there is a year-over-year increase in successful outcomes.
Performance Analysis and Lessons Learned
Through the Legal Services to Government Program, approximately $194 million and 3,023 FTEs were allocated to activities supporting the provision of high-quality legal services to the Government and federal departments and agencies. The Department continued to support federal departments and agencies in the delivery of their legislative agenda in the areas of Economic Affairs, Social Affairs, International Affairs, and Government Affairs.
In support of Economic Affairs, the Department provided high-quality legal services to help implement initiatives that support a strong and stable Canadian economy. Initiatives included major infrastructure investments, such as the construction of the new Windsor-Detroit crossing, as well as efforts to remove barriers to Canadian trade between provinces and territories and with foreign trading partners. Key accomplishments included the Interactive Advance Passenger Information initiative that took place in 2015 as part of the Beyond the Border Action Plan.
The Department provided legal services to support the economic development of Indigenous peoples through various efforts including the Federal Framework for Aboriginal Economic Development. Collaboration involving multiple departments continued in support of resource development, major oil sands, gas pipelines, and Northern mining projects.
Applying a whole-of-Justice approach and working together to leverage expertise, the Department continued to support the new regulatory framework for the Safe Food for Canadians Act, as well as the strengthening of safety and security oversight for the transportation of dangerous goods by rail.
In support of Social Affairs, the Department supported the passing of the Canadian Victims Bill of Rights in July 2015. Justice also supported amendments to the Tobacco Act to address flavouring and electronic cigarettes. Ministerial exemptions were drafted under the Controlled Drugs and Substances Act to expand access to other forms of medical marijuana products for medical purposes. Justice also provided legal assistance toward successful 2015 Pan Am and Parapan Am Games.
In the area of International Affairs, the Department supported initiatives to combat crime, terrorism, and tax evasion and avoidance, as well as for extradition and mutual legal assistance. The Department provided legal services in support of reforms to Canada’s economic sanctions regimes for Iran, South Sudan, and Russia, and to programs to ensure the safety of citizens and to defend its sovereignty. Justice drafted the Prevention of Terrorism Travel Act, as well as amendments to various acts in order to implement the Agreement on Trade Facilitation (Bill C‑13). In addition, the Department helped draft amendments to provisions of the Copyright Act on access for persons with perceptual disabilities to copyrighted materials in order to implement the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled (Bill C-65).
The Department also supported initiatives in the area of Government Affairs, such as amendments to private and public pension legislation and regulations. A key achievement was continued support for labour negotiations for public service collective agreements renegotiation. Amendments were drafted to the Parliament of Canada Act to establish the Parliamentary Protective Service, responsible for physical security throughout the parliamentary precinct and Parliament Hill. Justice also managed legal issues and risks for clients including the preparation of the federal budget and the supervision of federally regulated financial institutions. The Department continued to support equity, fairness, and respect for the Charter in the provision of litigation services in the Government’s response to Charter challenges.
The Department played a key role in assisting client departments to manage significant litigation, including Ishaq v. Canada (Citizenship and Immigration), Canada v. Khadr, security certificate litigation and related civil claims, Y.Z. v. Canada (Citizenship and Immigration), and Canadian Doctors for Refugee Care et al. v. Canada. Justice also provided support for challenges to administrative segregation, RCMP harassment cases, and the Ending the Long-gun Registry Act litigation.
The Department continued to respond to the challenge of sustaining human resource capacity with strategies for knowledge transfer, succession planning, and applying the innovative practice of inter-portfolio legal teams for high impact cases. Collaborating with client departments and agencies, the Department worked on significant initiatives to contain the cost of legal services. A continued emphasis on business analytics allowed for greater efficiencies, including implementing national benchmarks for certain types of legal files.
The Department continued to advance its transformation agenda by further implementing recommendations stemming from the Legal Services Review. This included new service‑delivery models (e.g., centres of expertise) for more efficient and integrated legal advisory services, such as the Integrated Management of Litigation and Advisory Legal Services Model, clarifying roles and responsibilities to reduce redundancies and duplication; more effective use of paralegals; and investment in, and use of, technology. For example, the Department invested in more computing power to process electronic evidence and dedicated more paralegals to reviewing electronic evidence using the advanced analytics features of its document review software. This diverted work that would otherwise have burdened litigation teams or have been sent to the private sector. The efficiency gains resulted in $2.8 million of cost avoidance for other government department clients in 2015-16.
The Aboriginal Affairs Portfolio Evaluation completed in 2015-16 recognized the Portfolio’s success in aligning its activities with government priorities and departmental strategic outcomes related to Indigenous issues while proactively driving efficiencies and productivity. The Evaluation also concluded that the Portfolio’s services were well-coordinated, integrated, and responsive to clients’ needs; that they contributed to an increased awareness across government; and that they showed concerted effort in assisting the government to better understand, manage, and mitigate legal risks. The Department continued to sustain its capacity and expertise to support the delivery of high-quality legal services related to Indigenous issues 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. Internal services are activities and resources that apply across an organization, and not those provided to a specific program. The groups of activities 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, and Acquisition Services.
| 2015-16 Main Estimates | 2015-16 Planned Spending | 2015-16 Total Authorities Available for Use | 2015-16 Actual Spending (Authorities used) |
2015-16 Difference (Actual minus Planned) |
|---|---|---|---|---|
| 86,551,092 | 117,522,777 | 103,816,747 | 103,323,708 | -14,199,069 |
Note: The 2015-16 planned spending for internal services includes expenditures that were historically centrally managed, such as paylist and other ad hoc expenditures. Starting in 2016-17, the departmental approach was changed in order to properly realign these expenditures in the relevant program and to ensure a consistent and accurate approach to reporting on the Department’s expenditures.
| 2015-16 Planned | 2015-16 Actual | 2015-16 Difference (Actual minus Planned) |
|---|---|---|
| 1,083 | 1,050 | -33 |
Performance Analysis and Lessons Learned
In 2015-16, with approximately $103 million and 1,050 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. The Department continued to restructure its activities in response to the Government’s expenditure‑management efforts. Initiatives under the Internal Services Program contributed directly to the departmental priority of managing organizational transformation in support of business and legal excellence.
The Department continued to further streamline and automate internal operations and optimize the use of updated technology to enhance productivity, collaboration, and increased efficiency. It also implemented a streamlined approach to the accounts payable process to make payments on time and applied a streamlined planning process for the 2015-16 Departmental Travel, Hospitality, Conference, and Events Expenditures.
The Department continued to support the Legal Services Review by implementing recommendations that will strengthen cost containment and improve legal service delivery. Key activities for 2015-16 included increasing the average time spent by Law Practitioners on the delivery of legal services to clients from 1310 to 1400 hours, establishing a Paralegal Services Centre in December 2015, and consolidating several legal services units. In consolidating legal services units, the Department underwent an organizational structure change, creating the National Litigation Sector that integrated regional offices, and merging the Legislative Services Branch and the Public Law Sector. The Department also created new centres of expertise to provide single-window service for procurement law, labour, and employment law. As well, a National Timekeeping Protocol was developed and mandatory training was identified in performance agreements for legal services providers in the Law Practitioner and Economics and Social Science Services (i.e. paralegals) categories. This new protocol will allow for greater efficiencies in the delivery of legal services to clients and contributes to cost-avoidance measures.
The Department continued to raise awareness about various aspects of security, educating employees about maintaining a safe and secure work environment. Justice introduced Armed Intruder Awareness Sessions for all employees and a mandatory requirement to complete the Canada School of Public Service’s on-line Security Awareness Course.
The Department also undertook a number of activities to ensure that employees are aware of their obligations and expected behaviours under the Values and Ethics Code for the Public Sector,supporting professionalism and creating a respectful workplace. The Department supported employees by providing a healthy environment characterized by respect for diversity that embraces differences, while providing resources and training and encouraging a compassionate approach to employees struggling with mental health challenges. Justice wellness programs continued to educate and lead culture change toward a work environment free of harassment and discrimination.
The Department supported the implementation of Blueprint 2020 through various initiatives to achieve efficiencies, streamline business processes, and manage expenditures. The changes to the Department’s organizational structure built on the three themes of the Canada’s Legal Team vision, which were developed to guide Justice’s transformation to 2020. The first theme, Whole of Justice Approach, focuses on integrating expertise within Justice and building stronger partnerships with client departments and agencies. The second theme, Legal and Business Excellence, focuses on new and more efficient ways of delivering services and increasing reliance on performance information for informed decision-making, including the provision of strategic legal services reports to senior management in Justice and client organizations. The third theme, New Ways of Working, focuses on leveraging technology to modernize the workplace and to empower practitioners to work differently and deliver legal services more efficiently. The planning and development of the Legal Case Management System, a $9‑million investment in digital business transformation, will provide more integrated and consistent performance information on legal services and allow for better reporting and resource management.
The Department remained committed to enhancing professional excellence within its legal community, continuing to establish and implement the Professional Responsibility Service Initiative in 2015-16. This service raised awareness about the importance of legal ethical issues in the practice of the law, and developed a more integrated and consistent approach to effectively address professional responsibility matters in the Department. These efforts contribute to a modern workplace that enhances service delivery and embraces new ways of working.
The Department continued to successfully implement the new Performance Management Directive in 2015-16, where 96 percent of employees had documentation setting performance objectives, 94 percent had a learning plan, 86 percent had a mid-year review, and 94 percent completed an annual written performance assessment. Furthermore, the Department continued to implement executive talent management below the Executive level, supporting leadership development. Justice also developed a Departmental Action Plan in response to the Public Service Employee Survey 2014 results, which focuses on leadership, employee engagement, and workforce empowerment. Activities include an employee feedback process for senior managers, an employee advisory committee to comment on corporate messages, new information on alternative workplace arrangements, and interactive workshops on workplace behavior.
Working closely with Treasury Board Secretariat and Shared Services Canada, the Department continued to implement the Government of Canada’s information management and information technology modernization agenda, including the Email Transformation Initiative, telecommunications transformation, and active contribution to the Government of Canada priorities for Enterprise Solutions, such as Shared Case Management, GCDOCS, and MyGCHR. The Department contributed to cybersecurity and the Government’s web renewal efforts, including the migration of its web content to the Canada.ca website. The Department also continued its outreach to Canadians through official social media channels.
The Department continued to implement the Information@Justice Strategy and the Digital Workspace Project, which are guiding the modernization of departmental information management practices by adopting a digital standard that recognizes the importance of information assets and leveraging technology to transform current work practices. The Department launched JustMe in April 2015, putting employees on the path to an open-by-default work environment. Justice continued with digital-first approaches to information sharing, refining and modernizing its intranet presence to better engage employees, with user-focused interactive tools, platforms, and approaches. For example, the Justice weekly text-based employee newsletter was transformed into a real time digital publication with more images, interactivity, and engaging content.
The Department met its targets in implementing its three-year Sustainable Development Strategy in support of the 2013-16 Federal Sustainable Development Strategy. Of special note is Justice’s review of its control mechanisms to strengthen performance to meet commitments under the theme “Green Procurement and Sustainable Workplace Operations.” Furthermore, the Department continued to contain costs and reduce its space utilization footprint through accommodations projects and alignment with Government of Canada Workplace 2.0 standards.
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