2016-17 Report on Plans and Priorities
Section II: Analysis of Programs by Strategic Outcomes
Strategic Outcome 1: A Fair, Relevant and Accessible Canadian Justice System
The Department plays a stewardship role in ensuring a fair, relevant and accessible Canadian justice system. This Strategic Outcome is a shared responsibility among a broad range of players, including Parliament; the judiciary; federal departments and agencies; partners in provincial, territorial, and municipal governments; a broad range of non-governmental organizations and stakeholders; and, ultimately, all Canadians.
Program 1.1: Stewardship of the Canadian Legal Framework
Description
The Department fulfils its stewardship role by ensuring a bilingual and bijural national legal framework for the administration of justice that contributes to a safe and just society for all Canadians and confidence in Canada’s justice system. The Department develops and tests innovative approaches to strengthen the legal framework within various domains: criminal law, youth criminal justice, sentencing, official languages, marriage and divorce, access to justice, bijuralism, human rights, privacy, access to information 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.
| 2016–17 Main Estimates |
2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|---|
| 400,491,696 | 400,491,696 | 361,691,258 | 359,745,452 |
Note: Planned spending for 2016-17 and beyond excludes all Treasury Board central votes funding.
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 258 | 258 | 258 |
| Expected Results | Performance Indicators | Targets | Date to Be Achieved |
|---|---|---|---|
| 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 | 10Footnote 4 | March 2017 |
Planning Highlights
In carrying out its role as steward of the Canadian legal framework, the Department will work to achieve three organizational priorities: “renewing the relationship with Indigenous peoples”; “criminal law”; and “public law”.
Through coordination and/or collaboration with various stakeholders in the development and implementation of legislative reforms, policy options and initiatives, the Department will promote a fair, relevant and accessible Canadian justice system.
The Department will continue to develop legal policies and laws as required and to support various new initiatives introduced by Government including: sentencing reform, legalizing and regulating marijuana and revising relevant provisions in the Criminal Code; reviewing the current litigation strategy; repealing key elements of Bill C-42 and introducing imported gun and purchasing regulations; repealing problematic elements of Bill C-51 and introducing new legislation that better balances security, rights and freedoms; immigration and refugee protection changes that support Canada’s humanitarian tradition, Canada Labour Code revisions; toughening criminal laws and bail conditions for domestic assault; and promoting official languages support for linguistic minorities.
The Department will support a strong, independent, meritorious and diverse judiciary, and a fair, efficient and accessible court system that responds to the needs of Canadians. The Department will support the Minister in her role as primary interlocutor with the judiciary, and in ensuring respect for judicial independence. In addition to ongoing policy matters such as judicial compensation (which will be a high priority in 2016-17, given the December 2015 launch of the latest Quadrennial Commission), judicial conduct and the superior courts appointment process, key initiatives in 2016-17 will involve delivering on the Government’s two primary commitments in relation to the courts: strengthening the Supreme Court of Canada appointments process and expanding Unified Family Courts. Reflecting the Government’s wider commitment to consultation and appropriate stakeholder engagement. The former will include a strategy for seeking input from all parties in the House of Commons, as well as from key stakeholders and interested Canadians; the latter will include early outreach to provinces and territories to gauge their interest in Unified Family Courts.
In the area of human rights policy, the Department will support the Minister in her policy responsibility for the Canadian Human Rights Act, including implementing in 2016-17 the Government’s commitment to add gender identity as a prohibited ground of discrimination. The Department will also provide ongoing support in 2016-17 to the Department of Canadian Heritage to restore a modern Court Challenges Program. The Department will provide ongoing support to the Minister to help ensure that the Government demonstrates the greatest possible commitment to respecting the Charterand seeks to fulfill policy goals with the least interference possible with the rights and privacy of Canadians, including support for Canada’s implementation of international human rights obligations.
The Department will provide policy support to the Government’s review of the Access to Information Act, including the proposal to apply the Act appropriately to administrative bodies that support the federal courts. In addition, the Department will continue to support projects and reforms relating to the protection of personal information in the public sector, including policy advice about the Privacy Act.
In 2016-17, the Department will also work, in cooperation with the Minister of Indigenous and Northern Affairs and other ministers, First Nations, the Métis Nation, the Inuit, parties to the Indian Residential School Settlement Agreement, and other key partners to advance the Government of Canada’s objective of renewing its relationship with Indigenous peoples in Canada. Specifically, it will work to develop an approach and mandate for a national inquiry into missing and murdered Indigenous women and girls in Canada. The Department will also work to advance the design of a national engagement strategy for developing and implementing a national reconciliation framework, informed by the recommendations of the Truth and Reconciliation Commission. In conjunction with the review of the criminal justice system, the Department will examine ways to address service gaps for Indigenous peoples throughout the system.
The Department will continue to support a variety of existing initiatives, including rights at the federal level for victims of crime through the implementation of the Canadian Victims Bill of Rights and; advancing the Action Plan to Address Family Violence and Violent Crimes Against Aboriginal Women and Girls including supporting the public inquiry into missing and murdered Indigenous women and girls. These initiatives will inform various policy and program activities of the Federal Victims Strategy.
Through the Special Advocates Program, the Department both supports the Minister of Justice in meeting the legislated responsibilities in proceedings under Division 9 of the Immigration and Refugee Protection Act and contributes to ensure the fairness of these proceedings. The Department will work to implement the recommendations flowing from the departmental evaluation of the Program as well as working with partners to implement recommendations arising from the Horizontal Evaluation of the Immigration and Refugee Protection Act Division 9/National Security Inadmissibility Initiative.
In leading the National Anti-Drug Strategy, the Department will continue 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. The Department will also continue to implement its two programs under the National Anti-Drug Strategy: the Drug Treatment Court Funding Program and the Drug Treatment component of the Youth Justice Fund.
For 2016-17, the Department will also promote initiatives in support of family justice, Aboriginal and Northern justice, and justice in official languages. This will include continued delivery of the Supporting Families Fund, the Aboriginal Justice Strategy, the Access to Justice in Both Official Languages Support Fund and the Contraventions Act Fund.
The Department will continue to support Government of Canada objectives by providing funding and advancing jurisprudence. Additionally, it aims to preserve the Department’s reputation within the international community as a leader in criminal justice system fairness.
Sub-program 1.1.1: Legal Policies and Laws
Description
The Department develops and coordinates all federal justice legislative reforms, policy options, and initiatives that promote a fair, accessible, and relevant justice system for the benefit of Canadians. This includes the areas of judicial affairs, criminal justice, victims of crime, youth justice, family justice, official languages, contraventions, illicit drugs (via the National Anti-Drug Strategy), bijuralism, Aboriginal justice, human rights, privacy, access to information, security, and terrorism. The Department monitors developments in law, policy and procedure; develops and implements options for law, enforcement and policy reforms through legislation; develops and provides information and services to implement new and existing policies and laws; and provides advice to other federal departments in matters associated to justice-related laws and policies. As the administration of justice is an area of shared jurisdiction, the Department works closely with the provinces and territories in support of their responsibility for the day-to-day administration of justice. The Department supports the Minister of Justice throughout the Cabinet and parliamentary processes with respect to both justice reforms and parliamentary business involving justice matters, such as private members’ bills and parliamentary reviews. Furthermore, the Department supports the Government’s international priorities related to justice – namely, the provision of policy advice in the development of Canada’s international justice policies, the negotiation within bilateral or multilateral forums of international norms, treaties and conventions, and the development of legal cooperation programs, as well as the provision of legal technical assistance to foreign countries seeking to reform their justice system.
| 2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|
| 29,819,809 | 29,304,571 | 29,222,849 |
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 221 | 221 | 221 |
| Expected Results | Performance Indicators | Targets | Date to Be Achieved |
|---|---|---|---|
Canadians have confidence in Canada’s criminal and family laws |
Percentage of Canadians who rate their level of confidence in adult criminal law as 6.0 or greater on a 10-point scale | 60 | March 2017 |
| Percentage of Canadians who rate their level of confidence in youth criminal law as 6.0 or greater on a 10-point scale | 60 | March 2017 | |
| Total amount of federal monies garnisheed to help satisfy family support orders or agreements | $165 million | March 2017 |
Note: As noted on page 41, the Department will continue to refine all of its performance measures over the course 2016-17. Specifically, the measures for 2017-18 will be updated in the fall of 2016.
Planning Highlights
In support of the Government of Canada’s priorities, the Department of Justice will continue to provide legal and policy advice; support the progress and passage of key law reform bills that are intended to enhance public safety; the review of the criminal justice system (including sentencing and criminal procedure); respond to new technology; support victims of crime; and promote the Government’s security and anti-terrorism initiatives. The Department remains committed to engaging and negotiating with provincial, territorial and international governments on the identification of emerging issues, development of policy and legislative options, and implementation of reforms to improve the criminal and family justice system and instil public confidence.
The Department will also advance in various priority areas - including violence against Indigenous women and girls, physician-assisted death, marijuana legalization and regulation, and mental health and cognitive impairment issues - through the provision of legal services, policy initiatives and program funding.
The Department will continue to lead the Federal Victims Strategy, in support of victims and survivors of crime, including families of murdered and missing Indigenous women and girls, and will work in close collaboration with other federal institutions, as well as victims, victim advocates, provincial and territorial governments, service providers, and others involved in the criminal justice system.
The Department will seek renewal of the Government’s Supporting Families Experiencing Separation and Divorce Initiative to pursue activities associated with funding that comes to an end on March 31, 2016. Justice will also work closely with provinces and territories to improve family justice services, including negotiating or reviewing agreements for the establishment of provincial child support services (to recalculate child support under section 25.1 of the Divorce Act).
To address family violence, the Department will collaborate with partners in policing, prosecutions, child protection, victim services, the voluntary sector, and ethno-cultural minority communities to enhance training or other tools to improve the justice system response to family violence, including intimate partner violence, child abuse and underage and forced marriage. The Department will also continue to implement new offences and prevention measures for underage and forced marriage. The Department will continue the piloting of the Indigenous Policy and Program Innovation Hub which will explore how new policy and program development approaches can be used to reduce the over representation of Indigenous people in the criminal justice system. The Department will also work with Shared Services Canada to develop and test the technology necessary for a Business Disruption Plan for the Family Orders and Agreements Enforcement Assistance system, a government-wide mission critical system.
The Department will continue to research, analyze, maintain expertise, and provide legal and policy advice on youth justice matters. Additionally, the Department will continue to lead the National Anti-Drug Strategy, which includes prevention, treatment and enforcement efforts.
At the international level, the Department will work with global partners to ensure that domestic legal frameworks and international instruments adequately support international efforts to combat crime, including organized crime, illicit drugs, cybercrime, corruption and terrorism. It will support the Government of Canada in the elaboration and implementation of foreign policy, ensuring compliance with Canadian criminal law and policy, while advancing and protecting Canadian interests and values in the development of global anti-crime and terrorism measures. This will involve the provision of strategic advice and the implementation of legal technical assistance projects which promote foundational Canadian values of freedom, democracy, human rights, and the rule of law.
By attending to these issues, as well as advancing other program initiatives, the Department will continue to demonstrate its role as steward of the Canadian Legal Framework and uphold citizen confidence in the justice system.
Sub-program 1.1.2: Justice System Support
Description
The Department, through grants and contributions funding, supports access to the justice system by enabling Canadians to obtain assistance and legal information in order to resolve their legal issues, whether in the formal justice system or through alternative resolution mechanisms. The Department provides ongoing funding to provincial, territorial and non-governmental organizations, and Aboriginal groups and communities. The Justice System Support Program supports the advancement of federal justice policy in the following core domains: criminal justice (including youth justice and victims of crime), family justice, access to justice, official languages, contraventions and Aboriginal justice.
| 2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|
| 370,671,887 | 332,386,687 | 330,522,603 |
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 37 | 37 | 37 |
| Expected Results | Performance Indicators | Targets | Date to Be Achieved |
|---|---|---|---|
| A justice system that is accessible to Canadians | Percentage of federal justice system support funding provided to provinces and territories, non-governmental organizations, and Aboriginal groups and communities to inform and assist Canadians with their legal matters |
100 | March 2017 |
| Percentage of provinces with designated public legal education and information organizations supported by the Department that provide legal information | 100 | March 2017 |
Planning Highlights
As part of developing a centre of expertise in grants and contributions programs, the Department will continue implementing and championing reforms in its delivery of such programs. Reforms will include the ongoing development, use and monitoring of service standards, updates to program and project risk tools, stakeholder engagement, and implementation of common templates and tools. In addition, the Department will continue to work with other federal departments to develop and implement a new government-wide grants and contributions management system.
The Department will also continue to advance public legal education and information by producing and maintaining such materials in support of justice priorities and by funding designated public legal education and information organizations.
Sub-sub-program 1.1.2.1: Criminal Justice and Legal Representation
Description
The Department supports access to justice and the efficient functioning of the Canadian justice system. The Department provides contribution funding to Provinces to help ensure that economically disadvantaged individuals have access to legal advice, representation and information for criminal law, youth criminal justice and immigration and refugee matters. Provinces, territories, or their legal aid service delivery entities also receive funding for the management and delivery of court-ordered counsel in federal prosecutions, and for legal assistance in national security matters. In addition, grants and contributions funding is also made available to a wide range of other recipients to support: (1) alternatives to incarceration for non-violent drug addicted offenders; (2) Special Advocates in Division 9 proceedings under the Immigration and Refugee Protection Act; (3) the prosecution of capital market fraud cases; (4) the development of public legal education resources; (5) projects that assist in developing effective responses to trends and issues effecting Canadian justice policy. This sub-sub-program uses funding from the following grants and contributions programs: Legal Aid Program (includes, Criminal Legal Aid, Public Security and Anti-terrorism Legal Aid, Immigration and Refugee Legal Aid and Court-Ordered Counsel in Federal Prosecutions), Drug Treatment Court Funding Program, Integrated Market Enforcement Teams Reserve Fund, Special Advocates Program, International Institute for the Unification of Private Law (Unidroit), The Hague Conference on Private International Law, and Justice Partnership and Innovation Program.
| 2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|
| 144,099,379 | 132,699,379 | 130,793,219 |
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 12 | 12 | 12 |
| Expected Results | Performance Indicators | Targets | Date to Be Achieved |
|---|---|---|---|
| Enhanced capacity of provinces and their legal aid plans to deliver criminal legal aid services to eligible economically disadvantaged persons | Number of approved applications for criminal legal aid in the provinces | 270,000 | March 2017 |
| Number of times duty counsel services are provided in criminal matters to individuals requiring legal assistance in provinces | 1,300,000 | March 2017 | |
| Eligible persons are represented in court so cases proceed | Number of stays (cases temporarily suspended or stopped altogether) due to the lack of funded counsel for court-ordered counsel in federal prosecutions and in public security and anti-terrorism cases | 0 | March 2017 |
Planning Highlights
Through the Legal Aid Program, the Department will continue to advance access to justice by working in collaboration with provinces and territories to provide criminal legal aid to adults and youth, immigration and refugee legal aid, legal aid in public security and anti-terrorism cases, and court-ordered counsel in federal prosecutions. Management of the five-year (fiscal years 2012-17) contribution agreements with the provinces respecting adult and youth criminal legal aid and immigration and refugee legal aid will continue, and work will be undertaken to secure five-year contribution agreements effective in fiscal year 2017-18 with a view to maximizing the federal investment in legal aid by continuing to support innovative services that address the needs of vulnerable populations, including Indigenous persons and those suffering from mental health issues.
Through the Justice Partnership and Innovation Program, the Department will continue to work with key stakeholders to improve access to justice, including a focus on Indigenous women in support of the Action Plan to Address Family Violence and Violent Crimes Against Aboriginal Women and Girls and, funding to enhance the justice system’s response to family violence through the Family Violence Initiative. Activities include the provision of funding support to public legal education and information organizations that develop material to respond to the legal needs of Canadians.
In addition, the Department will continue to implement its components of the National Anti-Drug Strategy to further help prevent illicit drug use and to provide access to treatment to those with substance abuse issues. The Department will continue funding the Drug Treatment Court Funding Program through contribution agreements with participating provinces and territories.
The Department will also continue to administer the Integrated Market Enforcement Team Reserve Fund, which supports the prosecution of cases regarding serious criminal capital market fraud offences in Canada.
Sub-sub-program 1.1.2.2: Victims of Crime
Description
The Department, through grants and contributions funding, aims to give victims of crime a more effective voice in the criminal justice system. As part of the Federal Victims Strategy, the Department provides funding to provincial and territorial governments and non-governmental organizations to increase awareness and knowledge of victim issues, legislation and services available, as well as to develop and deliver victim programs, services and assistance to meet gaps in services for victims of crime. The Department also provides direct, limited, emergency financial assistance to individual victims in certain specified circumstances, including travel for registered victims to attend Parole Board of Canada hearings and for Canadians victimized abroad. This sub-sub-program uses funding from the following grants and contributions program: the Victims Fund.
| 2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|
| 21,918,911 | 21,951,302 | 21,993,378 |
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 5 | 5 | 5 |
| Expected Results | Performance Indicators | Targets | Date to Be Achieved |
|---|---|---|---|
| Victims of crime have a more effective voice in the criminal justice system | Percentage of federal victims funding accessed by provinces/territories, non-governmental organizations, and individuals to advance victim assistance and participation in the criminal justice system | 100 | March 2017 |
| Percentage of victims surveyed who receive financial assistance who report having a more effective voice in the criminal justice system | 90 | March 2017 |
Planning Highlights
The Department of Justice will continue to support the implementation of the Victims Bill of Rights Act(VBR). The VBR created a stand-alone act, the Canadian Victims Bill of Rights (CBVR) to enshrine rights for victims of crime in four areas at the federal level: information, participation, protection and restitution. The VBR also included amendments to federal legislation such as the Criminal Code and Corrections and Conditional Release Act to enhance the application of the rights set out in the CVBR. The CVBR and most of the provisions in the VBR came into force on July 23, 2015. Funding to assist the provinces and territories in implementing the Act is provided under the Victims Fund.
As part of the Federal Victims Strategy, the Department will also continue to administer the Victims Fund grants and contributions program, which provides resources to non-governmental organizations, as well as provincial and territorial governments, to deliver programs and services for victims of crime, enabling them to participate in the criminal justice system. The Department will, through the Federal Victims Strategy, continue to advance policies and programs to provide assistance for families of missing and murdered Indigenous women and girls. Increased assistance will be provided to support the national inquiry into missing and murdered Indigenous women and girls.
Through collaborative efforts with various stakeholders across Canada, the Department will continue to bolster support for victims and survivors of crime.
Sub-sub-program 1.1.2.3: Youth Justice
Description
The Department promotes the protection of the public by supporting programs and services which are consistent with the objectives of the Youth Criminal Justice Act. The Department provides contribution funding to the provinces and territories for programs and services aimed at youth in conflict with the law which encourages their accountability, rehabilitation and reintegration into the community; promote diversion from the formal court process where appropriate; and reserve custody for the most serious offenders. Funding is also provided to the provinces and territories for specialized therapeutic programs and services for youth with mental health needs who are convicted of a serious violent offence. Finally, funding is available to a wide range of recipients for projects which encourage a more effective youth justice system, respond to youth justice issues and enable greater citizen and community participation in the youth justice system. Such projects include programs specifically aimed at youth in conflict with the law, training for justice professionals and youth service providers and research. Funding is provided through the following grants and contributions programs: Youth Justice Services Funding Program, Intensive Rehabilitative Custody and Supervision Program and the Youth Justice Fund.
| 2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|
| 158,016,560 | 158,016,560 | 158,016,560 |
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 4 | 4 | 4 |
| Expected Results | Performance Indicators | Targets | Date to Be Achieved |
|---|---|---|---|
| A youth justice system that supports federal youth justice priorities | Percentage of youth court cases receiving a non-custodial (community-based) sentence | 85 | March 2017 |
| Percentage of identified, eligible Intensive Rehabilitative Custody and Supervision cases receiving specialized treatment | 100 | March 2017 |
Planning Highlights
Through the Youth Justice Fund (YJF), the Department will continue to advance projects that encourage a more effective youth justice system, respond to emerging youth justice issues, and allow for greater citizen and community participation in the youth justice system. In doing so, it aims to promote knowledge-sharing with partners in federal, provincial and territorial governments and non-governmental organizations, as well as international organizations, on matters relating to youth justice.
The YJF delivers funding through three sub-components: the Main Fund; the Drug Treatment component; and the Guns, Gangs and Drugs component. Together, these components provide grants and contributions for youth involved in the justice system; drug treatment programming; and community-based educational, cultural, sporting and vocational opportunities.
The Youth Justice Services Funding Program is a contribution program that is cost-shared with provinces and territories for the delivery of youth justice programs and services. It provides priority funding for areas related to the Youth Criminal Justice Act, and aims to protect the public by encouraging accountability, effective rehabilitation and reintegration of young people while reserving the formal court process for the most serious youth offenders.
The Intensive Rehabilitative Custody and Supervision Program funds provinces and territories that provide specialized therapeutic programs and services for youth with mental health needs who have been convicted of a serious violent offence.
In working with different levels of government across Canada to administer funding through these major support initiatives, the Department ensures that youth justice priorities are being supported and that a fair, relevant and accessible Canadian justice systemis being promoted.
Sub-sub-program 1.1.2.4: Family Justice
Description
The Department, through grants and contributions funding, provides support to Canadians experiencing separation and divorce by facilitating the effective delivery of programs and services, such as parent education, mediation, support enforcement and child support recalculation, and by developing family law information and training resources. Family justice funding assists the provinces and territories to develop and provide family justice services and programs that are aimed at enhancing the capacity of parents to reach appropriate custody, access and support agreements and to comply with those agreements. Federal funding also assists non-governmental organizations in developing family law information and training resources, supports implementation of the Department’s legislative obligations and policy priorities in the area of family justice, and provides support to program evaluation by collecting and reporting on the funding data. This sub-sub-program uses funding from the following grants and contributions program: the Supporting Families Fund.
| 2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|
| 16,447,666 | 0 | 0 |
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 2 | 2 | 2 |
| Expected Results | Performance Indicators | Targets | Date to Be Achieved |
|---|---|---|---|
| A family justice system that supports access to family justice information, services, and programs for Canadians experiencing separation and divorce | Percentage of federal funds accessed by provinces, territories, and non-governmental organizations | 100 | March 2017 |
Planning Highlights
With the assistance of the Supporting Families Fund, provinces and territories as well as non-governmental organizations will provide a range of services, programs and information resources to make it easier for divorcing or separating parents to gain access to the family justice system and to help parents comply with obligations for financial support and custody and access. The Department will seek renewal of the Fund as current funding only runs to March 31, 2017.
In addition, the Department will continue to implement the family justice services funding agreements with provinces and territories, as well as public legal education and information material and professional training project agreements with non-governmental organizations. By prioritizing the development of public legal education and information material and the provision of professional training, the Department will enhance access to family justice information, services and programs for Canadians who are experiencing separation and divorce.
Sub-sub-program 1.1.2.5: Aboriginal and Northern Justice
Description
The Department contributes funding to the provinces and territories for programs and services which provides culturally appropriate assistance to Aboriginal people navigating the criminal justice system. The Department also provides funding to a range of recipients who deliver programs which provide culturally relevant alternatives to the mainstream justice system for Aboriginal people. Finally, the Department provides contribution funding to the territories to help ensure that Northern residents have access to legal representation and advice as well as information on the justice system. Funding is provided through the following grants and contributions programs: Aboriginal Justice Strategy, Aboriginal Courtwork Program, and Access to Justice Services Agreements in the Territories.
| 2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|
| 14,355,428 | 3,885,503 | 3,885,503 |
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 12 | 12 | 12 |
| Expected Results | Performance Indicators | Targets | Date to Be Achieved |
|---|---|---|---|
| A justice system that responds to the needs of Aboriginal people by providing culturally relevant information and services | Percentage of individuals referred to an Aboriginal Justice Strategy program who have completed the program | 90 | March 2017 |
| Percentage of Aboriginal Courtwork Program clients indicating a level of satisfaction of “satisfied” or “very satisfied” with the information provided | 80 | March 2017 | |
| Territorial residents have access to justice services (legal aid, public legal education and information, Aboriginal Courtwork Program) that respond to their needs and circumstances | Number of approved applications for legal aid in the territories | 3,000 | March 2017 |
Planning Highlights
As part of the Government’s efforts to ensure that the justice system responds to the needs of Canada’s Indigenous population, the Department will continue to co-chair the Federal-Provincial-Territorial Working Group on Aboriginal Justice. The Department will also continue to administer the Aboriginal Justice Strategy (AJS), the Aboriginal Courtwork Program, and the Access to Justice Services Agreements.
The AJS supports (through a cost-sharing model with provinces and territories) Indigenous community-based justice programs that offer alternatives to mainstream justice processes. AJS programs are designed to address the justice needs of the community/communities they serve and reflect Indigenous culture and values. Through collaborative efforts with various stakeholders across Canada, the Department will continue to engage with its partners on emerging justice issues e.g., increased use of restorative justice processes and by addressing gaps in services to Indigenous people. The Department will also seek renewal of the AJS beyond March 31, 2017, as the bulk of its funding expires at the end of this fiscal year.
Through the Aboriginal Courtwork Program, the Department shares with provinces the cost of providing Aboriginal Courtworkers in criminal justice proceedings to give culturally relevant support and information to all Indigenous people (adult and youth) who are in contact with the criminal justice system whether as an accused person, victim, witness or family members. The Department will continue to work with the Tripartite Working Group on the Aboriginal Courtwork Program to ensure that the program’s design and results meet the needs of Indigenous communities and the criminal justice system. In 2016-17, the Department will also undertake a national client survey.
Finally, through the Access to Justice Services Agreements, the Department supports the delivery of access to justice services in northern communities: legal aid (both criminal and civil), Aboriginal courtwork services, and public legal education and information. These Agreements recognize the unique service delivery contexts that exist in Canada’s northern and remote regions, including language barriers, a lack of communications infrastructure, and limited access to private bar lawyers to support provision of legal aid. The Department will continue to work with the territories to ensure access to justice services meet the needs of northern communities.
Sub-sub-program 1.1.2.6: Justice in Official Languages
Description
The Department, through grants and contributions funding, provides support to improve access to justice in both official languages to persons navigating the justice system. The Department manages the Access to Justice in Both Official Languages Support Fund and takes positive measures to fulfil the federal government’s commitment contained in section 41 of the Official Languages Act towards the development of official language minority communities and the promotion of English and French. The Department also manages the Contraventions Act Fund that provides funding to provinces, territories and municipalities where the Contraventions Act is implemented so that they can provide justice services on behalf of the federal government in a manner consistent with the applicable language rights involving compliance with judicial services as set out in sections 530 and 530.1 of the Criminal Code and extra-judicial services as set out in Part IV of the Official Languages Act. This sub-sub-program uses funding from the following grants and contributions programs: Access to Justice in Both Official Languages Support Fund and Contraventions Act Fund.
| 2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|
| 15,833,943 | 15,833,943 | 15,833,943 |
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 2 | 2 | 2 |
| Expected Results | Performance Indicators | Targets | Date to Be Achieved |
|---|---|---|---|
| Canadians have access to a criminal justice system that responds to their needs in the official language of their choice | Percentage of provinces and territories where justice system stakeholders (prosecutors, court clerks, judges, etc.) have access to specialized language training to facilitate access to justice in the official language of choice | 100 | March 2017 |
| Canadians have access to legal information regarding their rights and responsibilities in the official language of their choice | Percentage of provinces and territories for which official language minority communities have access to legal information through an information hub that provides Canadians with legal information through a telephone helpline, online, or in person | 100 | March 2017 |
| Canadians in designated areas who have received a federal contravention have access to the justice system using the official language of their choice | Number of complaints with respect to judicial and extra-judicial services in the official language of choice | 0 | March 2017 |
Planning Highlights
In compliance with Part VII of the Official Languages Act (promotion of official languages, support to the development and vitality of minority communities etc.), the Department is committed to enhance the vitality of English-speaking and French-speaking minority communities and will take positive measures to support and assist their development. The Department will promote linguistic duality and continue to ensure that Canadians have access to a bilingual criminal justice system and legal information services in their official language of choice.
The Department will continue to support the implementation of the Access to Justice in Both Official Languages Support Fund by working with the provinces, territories, universities, courts, non-governmental organizations, and others to secure funding agreements. Objectives of the Support Fund include increasing the capacity of justice system stakeholders (judges, prosecutors, clerks, etc.) to offer justice services in both official languages, as well as increasing the availability and provisions of legal information in the minority language to the legal community and official language minority communities. The Department will be supporting projects to: develop and disseminate linguistic tools; undertake research to the benefit of official language minority communities; promote training for stakeholders of the justice system in both official languages, and promote and provide legal information to official language minority communities.
Furthermore, the Department will actively work with other federal departments on regulatory amendments to ensure successful implementation of the Contraventions Act. Through the Contraventions Act Fund, the Department will continue to provide provinces, territories and municipalities with funding to undertake measures that ensure language rights are respected in relation to the administration and enforcement of federal contraventions.
Together, these funding programs will support stakeholders of the justice system by providing them with the financial resources they need to administer their projects, thereby strengthening the Department’s commitment to providing a fair, relevant, and accessible Canadian justice system.
Program 1.2: Office of the Federal Ombudsman for Victims of Crime
Description
The Office of the Federal Ombudsman for Victims of Crime (OFOVC) was created to provide a voice for victims of crime at the federal level and to ensure that the federal government meets its commitments to victims. The Office provides direct information, referral and complaint‑review services to its primary clients: victims, victims’ family members or representatives, victim‑serving agencies, and other related stakeholders. The Office also helps raise awareness of systemic issues among all criminal justice and victim‑serving personnel, and provides related recommendations and advice to the Government of Canada through the Minister of Justice. In order to fulfill its mandate, the Office promotes access by victims to existing federal programs and services for victims; addresses complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act; promotes awareness of the needs and concerns of victims and the applicable laws that benefit victims of crime, including Canadian Victim Bill of Rights and 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 Office falls outside the Department’s governance framework.
| 2016–17 Main Estimates |
2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|---|
| 1,324,227 | 1,324,227 | 1,324,227 | 1,324,227 |
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 10 | 10 | 10 |
| Expected Results | Performance Indicators | Targets | Date to Be Achieved |
|---|---|---|---|
| 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 | March 2017 |
| 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 | March 2017 |
| Stakeholders have access to timely and relevant information about the Office and its activities | Percentage of all pre-identified key stakeholders contacted annually | 100 | March 2017 |
| Year-over-year percentage increase of visits to the OFOVC website | 5 | March 2017 |
Planning Highlights
For further information regarding the activities of the Office of the Federal Ombudsman for Victims of Crime, please visit the Office’s website.
Strategic Outcome 2: A Federal Government that is Supported by High-Quality Legal Services
Under the Department of Justice Act, the Minister of Justice and Attorney General of Canada provides high-quality legal services to the federal government and its departments and agencies. According to section 4 of the Act, the Minister is the legal member of the Queen’s Privy Council responsible for seeing that the administration of public affairs is in accordance with the law. Under section 4.1 of the Act, the Minister is responsible for examining all government bills introduced in or presented to the House of Commons and, subject to the Statutory Instruments Act, all government regulations to ascertain whether any of their provisions are inconsistent with the Canadian Charter of Rights and Freedoms. Additionally, under section 5 of the Department of Justice Act, the Attorney General is responsible for advising the heads of government departments on all matters of law and for conducting all litigation for any federal department or agency of the Crown with respect to any subject within the authority or jurisdiction of Canada.
Program 2.1: Legal Services to Government Program
Description
The Department of Justice provides an integrated suite of high-quality legal advisory, litigation and legislative services to the Minister of Justice and to all federal departments and agencies to support them in meeting the Government’s policy and programming priorities and to advance the overall objectives of the Government. Services are provided through a network of departmental legal services units co-located with client departments and agencies, specialized legal capacities within national headquarters, and a network of regional offices and sub-offices providing legal advisory and litigation services to federal departments and agencies across the country.
| 2016–17 Main Estimates |
2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|---|
| 199,619,747 | 199,619,747 | 199,619,745 | 195,212,356 |
Note: Forecast and planned spending are net of respendable revenues. Planned spending for 2016-17 and beyond excludes all Treasury Board central votes funding. The reduction in funding for 2018-19 is as a result of a sunsetting initiative.
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 3,039 | 3,039 | 3,039 |
| Expected Results | Performance Indicators | Targets | Date to Be Achieved |
|---|---|---|---|
| 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 | November 2016 |
| 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 | November 2016 | |
| The Crown’s interest is represented before courts and tribunals | Percentage of adjudicated litigation files that have a successful outcome | 70 | April 2017 |
Planning Highlights
In line with its mandate and the priority “to support the Government of Canada’s priorities through the delivery of high-quality legal services,” the Department will continue 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 will provide high-quality legal services to help implement initiatives that support economic growth, job creation and broad-based prosperity. These include major infrastructure investments to support future prosperity, as well as efforts to remove barriers to Canadian trade between provinces and territories and with foreign trading partners. In addition, the Department will provide legal services to support economic development of Indigenous peoples through various initiatives such as the Federal Framework on Aboriginal Economic Development, the Specific Claims Action Plan: Justice at Last Initiative, and resource development projects that involve multiple departments, including major oil sands, gas pipeline and Northern mining projects. The Department will support the Government’s continued priority of border security to ensure the safe and legitimate flow of people, goods and services. Moreover, the Department will support the regulatory framework for food safety and the strengthening of safety and security oversight for the transportation of dangerous goods by rail.
In the area of social affairs, the Department will continue to provide legal services in support of the Government’s key public safety priorities, including reforms to the Anti-Terrorism Act 2015, the creation of a statutory committee of Parliamentarians to review the work of national security agencies, and firearms control reform. The Department will also lead a process, supported by the Minister of Health, to work with the provinces and territories to respond to the Supreme Court of Canada’s decision regarding physician-assisted death, and it will work with the Minister of Public Safety and Emergency Preparedness and the Minister of Health on efforts that will lead to the legalization and regulation of marijuana. The Department will also assist the Government in planning and organizing Canada's 150th anniversary celebrations, and also support the Government in its review of the criminal justice system, the settlement of Syrian refugees and reforms to the Citizenship Act. In addition, the Department will assist the Government in reviewing its litigation strategy to ensure consistency with the Government’s commitments, the Charterand Canadian values.
The Department will provide legal services to client departments and agencies to support the Government’s priorities of renewing a nation-to-nation relationship between Canada and Indigenous peoples, implementing the Truth and Reconciliation Commission of Canada’s recommendations, and launching an inquiry into missing and murdered Indigenous women and girls.
Initiatives supported by the Department in the area of international affairs include the application of a thoughtful approach to the fight against terrorism, implementation of a new agenda to combat tax evasion and avoidance, and extradition and mutual legal assistance measures that are in keeping with Canadian values, balancing rights and security. The Department will support a reenergized Canadian diplomacy and leadership on key international issues and in multilateral institutions including the championing values of inclusive and accountable governance, respect for diversity and human rights, and rights of women and refugees.
The Department will also support initiatives in the area of government affairs, such as amendments to private and public pension legislation and regulations. Moreover, the Department will provide legal services related to labour negotiations for Public Service collective agreements and litigation services in major litigation, endeavoring to support equity, fairness and respect for the Charter in the Government’s response to Charter challenges.
The Department will continue to implement recommendations stemming from the Legal Services Review, which examined legal services delivery and management in the Government of Canada. The implementation of initiatives based on the recommendations have rolled out on a three year horizon and will be ending in 2016-17. The recommendations focus on the following key commitments: redefining the Justice-Client relationship, improving processes to be as efficient as possible, benchmarking, streamlining the organization and applying rigorous performance measurement. The Department will, among other things, increase the use of paralegals, use virtual teams, contain the cost of legal services by investing in new processes and technology, promote effective legal risk management, and better align human resources with priorities.
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 include only those 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.
| 2016–17 Main Estimates |
2016–17 Planned Spending |
2017–18 Planned Spending |
2018–19 Planned Spending |
|---|---|---|---|
| 77,424,860 | 77,424,860 | 77,114,647 | 76,635,917 |
Note: Forecast and planned spending are net of respendable revenues. Planned spending for 2016-17 and beyond excludes all Treasury Board central votes funding.
| 2016–17 | 2017–18 | 2018–19 |
|---|---|---|
| 1,004 | 1,004 | 1,004 |
Planning Highlights
The services grouped under the Internal Services Program (including Investment Planning, Risk Management, Internal Audit and Evaluation,) wholly enable the Department’s efforts to achieve its two strategic outcomes: a fair, relevant and accessible Canadian justice system, and a federal government that is supported by high-quality legal services. The Internal Services Program will actively contribute to achieving the Department’s priority “to manage organizational transformation in support of business and legal excellence.”
In 2016-17, the Department will continue to promote the Blueprint 2020 Government’s renewal priorities to advance the Department’s “Canada’s Legal Team” vision. The Department will endeavour to have the people, the work environment and a focus on building capacity and leadership that will assure a successful and confident future. This will be supported by developing and implementing an integrated approach to performance management, talent management and succession planning. The Department will also enhance professional excellence within its legal community and other professional groups through in-house peer-to-peer training, on-line training, legal practice groups and joint training. Professional development initiatives for all of its employees will be secured in partnership with the Canada School of Public Service.
The Department will provide strategies to help employees maintain work-life balance. For example, the Department will continue to implement its mental health learning strategy across the organization, and coach employees about safe and secure work environments. In support of government-wide initiatives, the Department will advance Workplace 2.0 by implementing measures to optimize space utilization while fostering a healthy and modern workplace for employees.
Through three pillars, a whole-of Justice-approach, legal and business excellence, and applying new ways of working through talent, innovation and technology, the Department will advance its Canada’s Legal Team vision - centered on the Justice-client partnership, innovation, integrated expertise, the leveraging of technology and evidence-based decision making. The Department will continue to implement its commitments from the Legal Services Review and modernize its service delivery model. It will also continue its initiatives to streamline and automate internal operations and enhance productivity. The Department will focus on “business analytics” to leverage performance data and trends to inform operational and strategic decision-making. This will include continued development of a system that integrates data from corporate systems that will produce information that helps client organizations to better manage their demand for legal services.
In support of enhanced and engaged communications, the Department will continue transitioning towards a digital-first approach to efficiently and effectively deliver communications services to the Department, to government partners, and to Canadians, in a digital era. This includes employing communications analytics to drive operations and inform decision making in order to meet Canadians’ expectations about communication with government.
Through the realization of its Information@Justice Strategy, the Department will continue to transform its information management practices through the adoption of a digital standard and improved information sharing through the implementation of the department-wide Digital Workspace. In addition, the Justice Legal Case Management (LCM) solution will provide a modern and agile legal case management system that is in alignment with Government of Canada information technology standards.
The Department will work to improve its approach to performance measurement, by reviewing its suite of performance indicators. This will enhance the Department’s ability to demonstrate progress and results against commitments.
In support of the 2013-16 Federal Sustainable Development Strategy, the Department will close out its three-year Sustainable Development Strategy, while engaging its workforce on the development of the subsequent Sustainable Development Strategy.
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