2014-15 Report on Plans and Priorities

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Section I: Organizational expenditure overview

Organizational Profile

Minister: Peter MacKay

Deputy Head: William F. Pentney

Ministerial portfolio: Justice

Year established: 1868

Main legislative authorities: "Department of Justice Act"

Organizational Overview

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 in his responsibilities for 50 statutes and areas of federal law by ensuring a bilingual and bijural national legal framework, principally within the following domains: criminal justice (including 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, drafts legislation, and responds to the legal needs of federal departments and agencies.

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:

The Department of Justice has approximately 4,500 dedicated, full-time equivalent employees. Some 65 percent of Justice employees are located in the National Capital Region. The other 35 percent provide a strong national presence through a network of regional offices and sub-offices positioned across the country.

Just over half of departmental staff are lawyers. The other half comprises a broad range of professionals, including paralegals, social scientists, program managers, communications specialists, administrative services personnel, computer service professionals, and financial officers.

Strategic Outcomes and Program Alignment Architecture (PAA)

Organizational Priorities

Priority Type Strategic Outcome and Program
To ensure that the justice system continues to enhance the personal safety and security of citizens through criminal laws, policies, and programs Ongoing

SO 1 – A Fair, Relevant and Accessible Canadian Justice System

Program 1.1 – Stewardship of the Canadian Legal Framework
Description

Why is this a priority?

  • Rapid technological advances, changing social structures, domestic and international threats and evolving political environments have an impact on the way the justice system addresses personal safety and national security.
  • Focusing on programs and laws aimed at enhancing the personal safety and security of citizens will help maintain a fair, relevant and accessible Canadian justice system.

What are the plans for meeting this priority?

  • Enhancing the relevance, effectiveness, and efficiency of the criminal justice system by providing advice on legal policies and laws, supporting law reform initiatives, and advancing the Government's security and anti-terrorism policy.
  • Engaging with provinces, territories, and other justice partners to identify emerging issues, determine appropriate responses, and develop and implement programs and services aimed at strengthening the justice system.
  • Protecting Canadians' personal safety and security through key legislative initiatives announced in the 2013 Speech from the Throne, such as legislation to ensure communities are protected from sexual predators and violent repeat offenders, and to address cyberbullying and decisions made that involve accused persons found not criminally responsible on account of mental disorders.
  • Continuing to lead the interdepartmental National Anti-Drug Strategy to prevent and discourage illicit drug use and the misuse of prescription drugs, treat individuals with drug dependencies, and combat the production and distribution of illicit drugs.
Priority Type Strategic Outcome and Program
To support victims of crime Ongoing

SO 1 – A Fair, Relevant and Accessible Canadian Justice System

Program 1.1 – Stewardship of the Canadian Legal Framework
Description

Why is this a priority?

  • Enhancing support for victims of crime involved in the justice system contributes to the Government's larger goal of ensuring that Canada is a country where the rights of criminals do not come before the rights of victims.Table note *
  • The participation of victims of crime and the consideration of their needs in policy development strengthens their contribution to the criminal justice system, thereby enhancing public confidence and ensuring a fair, relevant and accessible Canadian justice system.

What are the plans for meeting this priority?

  • Developing a Victims Bill of Rights.
  • Applying a "victims' lens" to criminal law reform and collaborating with other federal departments to ensure a consistent approach to victims' issues.
  • Providing grants and contributions funding through the Victims Fund to provincial and territorial governments and non-governmental organizations to encourage initiatives that promote access to justice for victims of crime, help victims to participate in the justice system, and increase awareness of issues faced by victims of crime.
Table note *

Government of Canada, Speech from the Throne 2013, Seizing Canada's Moment – Prosperity and Opportunity in an Uncertain World.

Return to table note * referrer

Priority Type Strategic Outcome and Program
To support the Government of Canada's priorities through the delivery of high-quality legal services Ongoing

SO 2 – A Federal Government that is Supported by High-Quality Legal Services

Program 2.1 – Legal Services to Government Program
Description

Why is this a priority?

  • The Department of Justice is responsible for providing legal services to the Government and to federal departments and agencies in support of the Government's short– and long-term policy and programming priorities. Advisory and litigation services, in particular, avoid or litigate risks of liability. Legislation services translate government policies into law.

What are the plans for meeting this priority?

Examples of the Department's plans include:

  • Defending the constitutionality of laws aimed at safeguarding families and communities and responding to Charter challenges to labour and employment legislation, such as the Public Service Labour Relations Act, as well as challenges to criminal law reforms.
  • Providing legal services to assist with the implementation of initiatives that support a strong and stable Canadian economy, such as helping to make trade infrastructure safer and more efficient, as well as supporting the implementation of the Northern Strategy and the Beyond the Border Action Plan.
  • Providing advisory and legislative services to client departments and agencies to help them implement Government priorities, including the Economic Action Plan 2013 and other initiatives announced in the 2013 Speech from the Throne.
  • Ensuring that government clients are satisfied with the quality of legal advisory, litigation, and legislative services.
Priority Type Strategic Outcomes
To continue to manage organizational transformation in the context of cost containment Ongoing

SO 1 – A Fair, Relevant and Accessible Canadian Justice System

SO 2 – A Federal Government that is Supported by High-Quality Legal Services
Description

Why is this a priority?

  • Responsible expenditure management is a cornerstone of the Government's Economic Action Plan, with a freeze of operational budgets announced in the 2013 Speech from the Throne. Renewal priorities established by the Clerk of the Privy Council emphasize the need to provide better services to Canadians at a lower cost through transformation activities such as collaboration, innovation, streamlining of processes, and the fostering of a high-performing and adaptable work force.

What are the plans for meeting this priority?

  • Completing the implementation of the Modernization Strategy (2012-15) in support of Economic Action Plan 2012, which includes providing strategic and focused program funding, streamlining and consolidating internal services, and improving the effectiveness and efficiency of legal services through technology-enabled business transformation.
  • Implementing initiatives such as Blueprint 2020, the E-mail Transformation Initiative, Common Human Resources Business Process and Pay Consolidation to support government-wide transformation activities aimed at achieving efficiencies, streamlining business processes, and managing expenditures.
  • Developing strategies to support the conclusions of the horizontal review of legal services, working in close collaboration with clients, as part of the Department's commitment and continuing efforts to strengthen cost containment and expenditure management.

Risk Analysis

Risk Risk Response Strategy Link to Program Alignment Architecture
Responding to new and emerging policy priorities in a timely manner
  • Continue to monitor emerging trends to inform forward planning.
  • Undertake succession planning and knowledge management activities.
  • SO 1 – A Fair, Relevant and Accessible Canadian Justice System
  • P 1.1 – Stewardship of the Canadian Legal Framework
Maintaining partnerships necessary for policy/program development and delivery
  • Maintain ongoing dialogue with partners and stakeholders (e.g. other federal departments, provincial and territorial governments, and non-governmental organizations).
  • Implement service standards and recipient-engagement strategy for funding programs.
  • Continue to implement action plan to simplify and reduce administrative burden on funding recipients.
  • SO 1 – A Fair, Relevant and Accessible Canadian Justice System
  • P 1.1 – Stewardship of the Canadian Legal Framework
Meeting evolving demands for legal services
  • Collaborate with client departments and agencies and undertake joint planning to meet Government priorities and manage legal risks in a cost-effective manner.
  • Implement improvements to financial forecasting processes.
  • Continue to support professional development of legal staff.
  • Continue to develop and enhance supporting tools and processes (e.g., legal risk management and litigation services support).
  • SO 2 – A Federal Government that is Supported by High-Quality Legal Services
  • P 2.1 – Legal Services to Government Program

The effective management and monitoring of key corporate risks will support the implementation of the Department's priorities in 2014-15.

The broad scope and complexity of the justice system pose ongoing challenges for timely policy and program development. Moreover, the multi-tiered nature of the Canadian justice system requires the collaboration of various partners and stakeholders, including the provinces and territories. The Department's ability to maintain these essential relationships may be affected by the need to balance expectations and interests.

In response, the Department will continue to monitor emerging trends to inform its forward planning and maintain policy responsiveness. The Department will also continue to use policy-development tools that incorporate gender-based analysis, official languages, sustainable development, and other common policy considerations to ensure robust and sustainable policy development. The Department will also undertake succession planning and knowledge-management activities to foster the proper knowledge, skills, and expertise to navigate within this complex operating environment.

To maintain its strong relationships with its key partners, the Department will continue to engage provincial and territorial governments, service-delivery partners, and other funding recipients through an ongoing dialogue based on mutual respect, common values, and shared interests. The Department will continue to take part in a number of federal-provincial-territorial and stakeholder coordination forums with particular emphasis on identifying priorities for policy-related activities. The Department has developed service standards and a recipient-engagement strategy for funding programs, and it will continue to implement its action plan to simplify and reduce the administrative burden on funding recipients.

As a service provider to federal departments and agencies, the Department must maintain appropriate delivery capacity to meet the legal needs of its clients. This capacity is largely contingent on the recovery of costs from clients. Risk may be created as clients adjust priorities, particularly if there are unanticipated changes in the volume or nature of their legal service requests. This could have financial implications for the Department, which carries the upfront salary and operating liability of maintaining delivery capacity.

As clients implement cost-containment strategies, the Department will continue joint planning with these organizations to ensure that legal resources are properly aligned with Government priorities. This includes sharing information on the effective management of legal risks, the triggers and costs of litigation, and the nature of the services provided by legal counsel. Additionally, improvements in the Department's financial forecasting process will be further implemented.

The Department's ability to meet demands for legal services 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 has grown rapidly. In response, the Department will continue to develop and enhance its tools, systems, and processes in areas such as legal risk management and litigation support. The Department will also continue to actively support ongoing professional development for its legal staff.

Planned Expenditures

Budgetary Financial Resources (Planned Spending – $ Dollars)
2014-15
Main Estimates		 2014-15
Planned Spending		 2015-16
Planned Spending		 2016-17
Planned Spending
630,587,874 662,042,809 640,137,377 636,403,699

Note: Financial Resources are based on Main Estimates and exclude respendable revenue. In addition, estimated amount of Paylist requirements for all three years and the approximate amount of Operating Budget Carry Forward for 2014-2015 are included in the plan.

Human Resources (Full-Time Equivalents – FTEs)
2014-15 2015-16 2016-17
4,588 4,588 4,588
Budgetary Planning Summary Table ($ Dollars)
Strategic Outcomes, Programs and Internal Services 2011-12
Expenditures		 2012-13
Expenditures		 2013-14
Forecast Spending		 2014-15
Main Estimates		 2014-15
Planned Spending		 2015-16
Planned Spending		 2016-17
Planned Spending
Strategic Outcome 1: A Fair, Relevant and Accessible Canadian Justice System
Program 1.1: Stewardship of the Canadian Legal Framework 426,666,083 424,204,889 387,991,940 348,317,035 348,317,035 344,339,285 343,839,285
Program 1.2: Office of the Federal Ombudsman for Victims of Crime 1,248,282 1,178,162 1,309,752 1,318,570 1,318,570 1,318,570 1,318,570
Strategic Outcome 1 Subtotal 427,914,365 425,383,051 389,301,692 349,635,605 349,635,605 345,657,855 345,157,855
Strategic Outcome 2: A Federal Government that is Supported by High-Quality Legal Services
Program 2.1: Legal Services to Government Program 171,563,310 191,992,179 176,960,308 194,550,000 201,897,664 194,870,865 192,757,126
Strategic Outcome 2 Subtotal 171,563,310 191,992,179 176,960,308 194,550,000 201,897,664 194,870,865 192,757,126
Internal Services Subtotal 145,530,090 116,607,619 201,923,251 86,402,269 110,509,540 99,608,657 98,488,718
Total 745,007,765 733,982,849 768,185,251 630,587,874 662,042,809 640,137,377 636,403,699

Note: Excludes respendable revenue. In addition, estimated amount of Paylist requirements for all three planning years and the anticipated amount of Operating Budget Carry Forward for 2014-2015 are included in the planned spending.

As indicated in the above table, the Department of Justice's forecasted expenditures are $768.2 million and $662.0 million for 2013-14 and 2014-15, respectively. These spending figures are net of the Department's Net Vote Authority, which allows it to collect and spend revenue for the delivery of legal services to other government departments. The $106.2 million variance of expenditures between 2013-14 and 2014-15 is primarily attributable to the following major factors:

The Department has Net Vote Authority of $296.2 million with a corresponding offset to the Operating Budget. The Net Vote Authority included in the Main Estimates is notionally distributed between Program Activities of Legal Services to Government and Internal Services.

The actual revenues collected between Program Activities could vary depending on numerous factors such as Legal Service Rates approved by Treasury Board annually and the actual amount of revenues collected over or below the authority (as per the TBS Guide on Financial Arrangements and Funding Options, departments may spend up to 125 percent of their authorities in revenues received for related costs). The current authority profile is different from the approved authority of $270.0 million for Legal Services to Government Program and $26.2 million for Internal Services due to the fluctuating nature of the composition of the Net Vote Authority.

Alignment to Government of Canada Outcomes

2014-15 Planned Spending by Whole-of-Government-Framework Spending Area ($ Dollars)
Strategic Outcomes (SO) Programs Spending Area Government of Canada Outcome 2014-15
Planned Spending
SO 1: A Fair, Relevant and Accessible Canadian Justice System Program 1.1: Stewardship of the Canadian Legal Framework Social Affairs A safe and secure Canada 348,317,035
Program 1.2: Office of the Federal Ombudsman for Victims of Crime Social Affairs A safe and secure Canada 1,318,570
SO 2: A Federal Government that is Supported by High-Quality Legal Services Program 2.1: Legal Services to Government Program Government Affairs Well-managed and efficient government operations 201,897,664
Total Planned Spending by Spending Area ($ Dollars)
Total Planned Spending ($ Dollars) by Spending Area $ Dollars
Economic Affairs 0
Social Affairs 349,635,605
International Affairs 0
Government Affairs 201,897,664

Departmental Spending Trend

Departmental Spending Trend Graph

As depicted in the chart below, the Department's total planned spending is expected to decrease in 2014-15 to $963.1 million from a forecast spending of $1,071.9 million in 2013-14. As the primary provider of legal services to other federal government departments and agencies, the Department of Justice has Net Vote Authority to collect and spend revenue from such services as part of the Vote 1 authority. For the purpose of departmental reporting, these respendable revenues reduce total departmental authorities and expenditures. The total amount in respendable revenues is expected to decrease by $2.8 million for a total of $301.0 million in 2014-15, which relates to workforce reductions of legal practitioners from the implementation of the Deficit Reduction Action Plan as announced in Budget 2012. The Department of Justice's net spending is based on total expenditures less the revenues collected. For comparability purposes "planned spending" includes the total amount of expenditures linked to recoverable expenditures.

Departmental Spending Trend, described below

Departmental Spending Trend - Description

This stacked vertical bar graph has a segmented timeline (in fiscal years) on the horizontal axis and dollars on the vertical axis. The timeline shows six vertical bars; one for each fiscal year from 2011-12 on the left through to 2016-17. The first segment of the timeline includes Actual spending years and groups together 2011-12 and 2012-13. The second segment represents Forecast spending year 2013-14. The third segment groups together Planned spending years 2014-15, 2015-16 and 2016-17. The vertical axis runs from 0 to 1,200,000,000 dollars, in 200,000,000 dollar increments.

The first two segments of the timeline, representing fiscal years 2011-12 to 2013-14 as well as 2013-14, only display Total Spending figures, which are represented as blue bars for each year. The third segment displays three bars with two colour-coded portions per bar, with the lowest portion being blue, representing Total Spending, and the top, coloured red, representing Sunset Programs.

Bars within the graphic have Actual Spending indicating a slight decrease from 1,054,146,957 dollars in 2011-12 to 1,029,445,013dollars in 2012-13. Forecast Total Spending for 2013-14 is displayed as 1,071,992,201 dollars. The three bars representing Planned Total Spending for fiscal years 2014-15, 2015-16 and 2016-17 show a slight decrease from 963,065,182 dollars in 2014-15 to 937,426,072 dollars in 2016-17.

Sunset Programs are displayed for fiscal years 2014-15, 2015-16 and 2016-17 only, and show a slight increase from 53,270,000 dollars in 2014-15 to 66,735,671 dollars in 2016-17.

In fiscal year 2014-15, the Department plans to spend $317.5 million on Grants and Contributions and $344.6 million on Operating Expenditures, and expects to receive $301.0 million in revenues. Revenues are for the provision of legal services and Internal Services to other government departments to supplement the Department's Operating Expenditures.

The Department's net spending consists of Operating Expenditures and Grants and Contributions. In fiscal year 2014-15, the decrease of $106.2 million in net spending, from $768.2 million in 2013-14 to $662.0 million in 2014-15, is primarily attributable to the following: the one time severance pay disbursement under various collective agreements paid in 2013-14; the sunsetting of the following initiatives: the Supporting Families Experiencing Separation in Divorce Initiative, a share of legal aid contribution funding to the provinces and territories for the delivery of immigration and refugee legal aid and for the management of Court-Ordered Counsel in Federal Prosecutions; the Aboriginal Justice Strategy; and comprehensive land claims and self-government negotiations in British Columbia. The last year of implementation of the Deficit Reduction Action Plan as announced in Budget 2012 also has an impact in the reduction in 2014-15. These reductions will be offset by the following increases: funding under the new Roadmap for Canada's Linguistic Duality 2013-18 for Access to Justice in Both Official Languages; and funding for various collective agreements.

Estimates by Votes

For information on the Department of Justice Canada's organizational appropriations, please see the 2014-15 Main Estimates publication.

Contribution to the Federal Sustainable Development Strategy

The 2013-16 Federal Sustainable Development Strategy (FSDS), tabled on November 4, 2013, guides the Government of Canada's 2013-16 sustainable development activities. The FSDS articulates Canada's federal sustainable development priorities for a period of three years, as required by the Federal Sustainable Development Act.

The Department of Justice Canada contributes to Theme IV – Shrinking the Environmental Footprint – Beginning with Government – as denoted by the visual identifier below.

Theme IV - Shrinking the Environmental Footprint - Beginning with Government

Theme IV:
Shrinking the Environmental Footprint –
Beginning with Government

These contributions are components of the following Program and are further explained in Section II:

The Department of Justice Canada also ensures that its decision-making process includes a consideration of the FSDS goals and targets through the strategic environmental assessment (SEA). An SEA for policy, plan, or program proposals includes an analysis of the impacts of the proposal on the environment, including on the FSDS goals and targets. The results of SEAs are made public when an initiative is announced or approved, demonstrating that environmental factors were integrated into the decision-making process.

For additional details on the Department of Justice's activities to support sustainable development, please see Section II of this RPP and the Department's website. For complete details on the Strategy, please see the Federal Sustainable Development Strategy website.