Public Safety and Anti-terrorism (PSAT) Initiative,
Summative Evaluation

Department of Justice sections involved in the PSAT Initiative (April 2001 – December 11, 2006, prior to the effective date of the Office of the Director of Public Prosecutions)

PSAT Steering Committee

The PSAT Steering Committee oversees the Department's activities under the PSAT Initiative and allocates PSAT resources among its sections. The Committee, which is chaired by an Associate Deputy Minister, consists of senior level representatives from six sections: the Policy Sector; the Citizenship, Immigration and Public Safety Portfolio (CIPS); the FPS; Corporate Services; Finance (within Corporate Services), and the Civil Litigation Branch. The Committee meets approximately three times a year.

Headquarters (HQ)

Policy sector

Criminal Law Policy Section (CLPS)

This section takes the lead on legislative development and drafting in the area of criminal law and consults with other sections in their areas of expertise when drafting legislation as well as other government departments. The Security, Terrorism, and Governance Team and the ATA Review Team currently handle the work related to the PSAT Initiative for CLPS. CLPS was responsible for drafting the ATA and for coordinating and preparing the ATA parliamentary review. In addition, the CLPS assists in the development and negotiation of international instruments; helps with reporting to international bodies on Canadian laws related to national security; responds to requests for analysis of domestic and foreign national security legislation; and conducts outreach and training activities.

Legal Aid Directorate

The directorate negotiates and monitors federal/provincial/territorial funding agreements with legal aid plans, including agreements made under the PSAT funding set aside for providing legal aid to the economically disadvantaged accused affected by the PSAT Initiative.

Headquarters (HQ) Policy sector Formerly part of the Federal Prosecution Service (FPS)

National Security Group (NSG)

NSG is the departmental focal point for coordinating the statutory responsibilities of the Attorney General of Canada relating to the Canada Evidence Act provisions applicable to the handling of sensitive and potentially injurious information.. To provide this advice, NSG consults with those Departments and agencies whose interests are involved. Its central role is to ensure that the legal advice is consistent and takes into consideration the effect of this advice on other activities of the national security and intelligence community. The NSG also does operational work under the ATA, such as coordinating the government's response to section 38 notices of anticipated or imminent disclosure of sensitive information under the Canada Evidence Act. After the effective date of the PPSC, the NSG remains part of the Department.

International Assistance Group (IAG)

The IAG ensures that Canada meets its international obligations when responding to or making extradition and mutual legal assistance requests in criminal matters. The IAG reviews requests to ensure that they comply with treaty provisions. The IAG also participates in the negotiation of international agreements or treaties, which contain provisions on mutual legal assistance or extradition. After the effective date of the PPSC, the IAG remains part of the Department.

Ottawa-Gatineau FPS

While now part of the PPSC, this FPS office of prosecutors was organizationally part of Justice HQ during the period of the evaluation. This office received PSAT funds for providing legal advice and assistance to investigative agencies and litigation services related to the PSAT Initiative. The office has one senior counsel who works within the Integrated National Security Enforcement Teams (INSET) and provides legal advice to investigators. This position is entirely funded by the PSAT Initiative.

Public Law Sector

Public Law Group (PLG)

The PLG provides legal advice and assistance on matters pertaining to public law issues. The PLG organizes its legal counsel by area of expertise, and the following sections have all worked on PSAT-related matters by providing advice and assistance in the drafting and implementation of anti-terrorism and public safety-related legislation, policies and international instruments.

Civil Litigation Section

The Civil Litigation Section, and its counterparts in the regional offices, handle all litigation brought by or against the federal government, excluding tax and criminal litigation. For PSAT-related work, the Civil Litigation Section handles litigation related to section 38 notices under the Canada Evidence Act (acting on instruction from the NSG). While this section would also handle any litigation that is initiated in the civil courts by individuals who have been charged under the ATA, to date no such litigation has occurred.

Regions

Formerly the Federal Prosecution Service (FPS) – Regional offices

During the period of the evaluation, the prosecution arm of the Department was the FPS, which had twelve regional offices and sub-offices. Based on the information available to the evaluation, at least five offices received some PSAT funds, with three offices (Quebec, Ontario, and British Columbia) receiving most of those funds. The regional offices provided legal advice and assistance to investigative agencies and prosecution services related to the PSAT Initiative.

The largest single PSAT activity undertaken by a regional office to date was the Dorval Airport Pilot Project. Under this project, the Quebec regional office has about eight legal counsel who provide legal support to investigative agencies involved in border security at Montreal's two international airports. Most of this funding comes through the Citizenship, Immigration, and Public Safety Portfolio.

The regional offices are also involved in the 19 ongoing prosecutions of those charged under the ATA as well as extradition requests with a terrorist component.

The regional offices are now part of the PPSC, except for counsel involved in extradition and mutual legal assistance work.

Regional offices – Civil

The regional offices have counsel in their civil law sections who handle section 38 notices under the Canada Evidence Act. Other national security-related roles include handling litigation related to border security and immigration under the Immigration Refugee Protection Act when it is related to national security issues, although these activities might not be funded by the PSAT Initiative.

Legal Services Units (LSUs) and other direct services to client departments

Citizenship, Immigration, and Public Safety (CIPS) Portfolio

This portfolio groups together LSUs from departments/agencies that deal with transnational criminal matters and immigration laws. The LSUs provide legal advice and assistance to their client department/agency, including operational advice, and legislation and policy development. Based on the information available to the evaluation, the following departments/agencies in the CIPS Portfolio received PSAT funds: Public Safety and Emergency Preparedness Canada (PSEPC), Canadian Security Intelligence Service (CSIS), Royal Canadian Mounted Police (RCMP), Canada Border Services Agency (CBSA), and Citizenship and Immigration Canada (CIC).

A litigation coordination team for the CIPS Portfolio that works out of HQ provides legal risk management advice to the client departments.

Over the last two fiscal years, the CIPS Portfolio has provided about one-quarter of its PSAT funds to support the Dorval Airport Pilot Project mentioned above under FPS – Regional offices.

Business and Regulatory Law Portfolio

This portfolio groups together LSUs from the departments/agencies that have a business or regulatory law component. Based on the financial information available, the evaluation was not able to determine the LSUs within the Business and Regulatory Law Portfolio that have received PSAT funds.