2021-22 Departmental Plan

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Core Responsibilities: Planned Results and Resources, and Key Risks

This section contains detailed information on the Department of Justice Canada’s planned results and resources for each of its core responsibilities. It also contains information on key risks related to achieving these results.

Legal Services

Description

The Minister of Justice and Attorney General of Canada provides legal services to the federal government and its departments and agencies. The Minister is responsible for seeing that the administration of public affairs is in accordance with the law. The Minister is also responsible for examining all government bills and regulations for consistency with the Canadian Charter of Rights and Freedoms^{Endnote vi} (Charter). Additionally, the Attorney General is responsible for advising the heads of departments on all matters of law, for the legislative drafting of all government bills and regulations, and for conducting all litigation for federal departments or agencies on subjects within the authority or jurisdiction of Canada.

Planning Highlights

Legal work is increasingly complex and crosscutting, and the practice of law is dynamic. Moreover, demands for legal services may evolve, depending on the specific priorities of client departments and the various risks they face in implementing these priorities. As a provider of legal services to the Government of Canada, the Department has adopted a client-centric approach to improve its strategic partnerships and ensure that it delivers effective and fiscally sustainable legal services that meet Government and client priorities. This will continue to be done through an enhanced collaborative approach focused on supporting client departments in their search for solutions that benefit Canadians.

The Department will continue to protect the rights of Canadians and ensure that the Charter is respected. In addition, the Department will continue to advance a litigation strategy for the Government of Canada that is consistent with the Principles guiding the Attorney General of Canada in Charter Litigation^{Endnote vii}, the Principles respecting the Government of Canada’s relationship with Indigenous peoples^{Endnote viii}, and the Attorney General of Canada’s Directive on Civil Litigation Involving Indigenous Peoples^{Endnote ix}.

1. Departmental Result: Departments and Agencies Receive High Quality Legal Services

In 2021-22, the Department will continue to provide high quality legal advisory, litigation, and legislative services to its client departments and agencies.

Advisory Services

To support the Government of Canada’s efforts to fight the COVID-19 pandemic and assist Canadians in need, the Department will provide legal advice to federal departments and agencies, including:

In support of the Government of Canada’s ongoing commitment to advancing reconciliation with Indigenous peoples, the Department will continue to provide legal advisory services to CIRNAC and ISC, in accordance with the Principles respecting the Government of Canada’s relationship with Indigenous peoples^{Endnote xi}, including:

• Supporting the negotiation and conclusion of coordination agreements pursuant to An Act respecting First Nations, Inuit and Métis children, youth and families^{Endnote xii};
• Supporting the negotiation of modern treaties, agreements and constructive arrangements that reflect a recognition-of-rights approach, and further reconciliation and the establishment of a new fiscal relationship with Indigenous peoples;
• Continuing to implement Jordan’s Principle^{Endnote xiii}, which is a Government commitment to ensure that First Nations children have access to the health, social and educational support and services they need, when and where they need them;
• Supporting the objective of eliminating long-term drinking water advisories on reserves;
• Continuing to work with First Nations on policy and legislative reforms for the Specific Claims process^{Endnote xiv}, including exploring options on enhancing the independence of the process.

In Indigenous-related matters, the Department’s delivery of legal services will also include supporting ISC and Public Safety Canada (PSC) in co-developing a legislative framework for First Nations policing as an essential service.

In addition, to support the Government’s renewed commitments on firearms control, including strengthening measures to control the flow of illegal guns into Canada and giving municipalities the ability to further restrict or ban handguns, the Department will provide legal advice to PSC, the Royal Canadian Mounted Police (RCMP), and the Canada Border Services Agency.

The Department will also support PSC and related departments and agencies in taking action on combatting hate groups, in countering the rise of ideologically motivated violent extremism and terrorist organizations, and in efforts to prosecute terror suspects to the fullest extent of the law.

As a key player in the Government’s efforts in the digital area, the Department of Justice Canada remains committed to supporting the Government’s Service Strategy that aims to deliver easy to use, seamless, digitally enabled services that put the needs of Canadians first. The Department will continue to provide advice and support to the Treasury Board Minister of Digital Government, as well as to the Treasury Board Secretariat’s (TBS) Office of the Chief Information Officer and Canadian Digital Service, in the development of improved digital services.

The Department will also provide legal advisory services to TBS and other client departments to support:

• Proposed amendments to the Public Service Employment Act^{Endnote xv} to address employment equity, diversity and inclusion objectives;
• Regulations to implement a new proactive pay equity regime;
• Implementation of the Accessible Canada Act^{Endnote xvi} and the Public Service Accessibility agenda.

Through its Privy Council Office Legal Services Sector, the Department remains committed to supporting the Clerk of the Privy Council and the Privy Council Office, and providing expert legal advice to a wide range of federal departments on questions and litigation involving Cabinet confidences.

Litigation Services

The Department will further refine and adjust its litigation strategy, integrating it into government public policy making, ensuring consistency with the Charter, our values, our commitments, and related principles and directives. Justice Canada will work with client departments to collaborate on litigation positions that consider a whole-of-government approach and include, where possible, early resolution or settlement, opportunities to narrow litigation, and resolution through government initiatives and programs or legislative and regulatory reform. A strategic cross-governmental approach will continue to be applied in litigation that may impact several departments, Indigenous groups, provinces, territories, industry, and other stakeholders.

The Department will continue to support the Action Committee on Court Operations in Response to COVID-19 in their role to promote a nationally harmonious approach to restoring Canadian court operations that prioritizes the health and safety of justice system participants while upholding the fundamental values of our justice system.

The Department will also support the modernization of our work with the court system by implementing procedures and technologies to enable remote hearings and the electronic transfer of documentation.

In supporting CIRNAC and ISC, the Department will continue to work on the settlement of Indigenous childhood claims, including several class actions.

By providing legal support, the Department will continue to assist the CRA in its sustained efforts to crack down on tax evasion and combat tax avoidance to ensure the fairness and integrity of the tax system.

To ensure that Canada retains the appropriate flexibility to enact necessary measures to govern in the interests of all Canadians, the Department will continue to provide high quality legal services to defend Canada’s interests in the context of international trade disputes.

Legislative Services

The Department will continue to provide high quality legislative and regulatory drafting services to federal departments and agencies. In particular, the Department will:

• Provide legal advisory and legislative services to PSC, the Parole Board of Canada, the RCMP and the Correctional Service of Canada to introduce legislation and make investments to address systemic inequities in the criminal justice system, from sentencing and records, to rehabilitation and diversion;
• Examine legislation for opportunities to address online hate and harassment, in addition to supporting Canadian Heritage and other departments in the development of complementary responses to concerns around this issue;
• Support ISC in the development of distinctions-based Indigenous health legislation;
• Participate in the interdepartmental working group on the modernization of the Official Languages Act^{Endnote xvii};
• Support TBS in the statutory review of the Access to Information Act^{Endnote xviii};
• Continue to contribute to the targeted regulatory reform agenda (Budget 2019), focusing on supporting innovation and business investment. The goal is to make the Canadian regulatory system more agile, transparent and responsive so businesses across the country can explore and act on new opportunities, resulting in benefits for all Canadians. Contributions will include working with client departments on:
  • advancing the modernization of regulations related to agri-food, aquaculture, health and biosciences, transportation and infrastructure;
  • second-round regulatory initiatives in the following areas:
    • enhancing clean technology innovation, adoption and competitiveness
    • advancing digitalization of tools and processes and supporting technology neutrality in the regulatory space
    • improving the incorporation of international standards, while ensuring Canada’s own robust standards for health, safety, security and environmental protection

Gender-Based Analysis Plus (GBA+)

Gender-Based Analysis Plus^{Endnote xix} (GBA+) is an analytical approach used to assess the potential impacts of policies, programs, services and other initiatives on groups of women, men and people with diverse identities. The GBA+ approach considers identity factors that go beyond biological (sex) and social-cultural (gender) differences. It includes the examination of a range of other intersecting identity factors (such as age, sexual orientation, mental or physical disability, education, language, geography, religion, ethnicity, culture, immigration status and socioeconomic status).

As part of the departmental GBA+ policy^{Endnote xx}, the guiding principles of GBA+ will continue to be broadly applied in all areas of the Department of Justice Canada’s work, including the provision of legal services to client departments and advice to Cabinet. This will help ensure departmental policies and programs are inclusive and more responsive to the needs of diverse groups of Canadians. Implementing a GBA+ approach in decision-making processes helps to identify and address existing barriers to improving access to justice.

United Nations’ 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals (SDGs)

As a signatory to the United Nations’ 2030 Agenda for Sustainable Development and its 17 Sustainable Development Goals^{Endnote xxi} (SDGs), the Government of Canada is committed to the overarching vision, “leave no one behind.” The Department of Justice Canada is the lead for Canada’s efforts to achieve SDG 16. This goal promotes peaceful, just and inclusive societies that provide access to justice for all, domestically and internationally, and build effective, accountable, and inclusive institutions at all levels.

To foster greater collaboration, the Department will champion and advance the theme of access to justice and other SDG 16-related themes among key partners and stakeholders, including within the federal, provincial, territorial and international contexts. The Department will also support the advancement of the overall 2030 Agenda, including SDG 5 (Gender Equality), SDG 8 (Decent Work and Economic Growth), SDG 10 (Reduced Inequalities), and SDG 17 (Partnerships for the Goals).

Department initiatives that will contribute to advancing SDGs include:

• Collaborating with the National Security and Intelligence Review Agency^{Endnote xxii} in its systemic review of the relationship between the courts, the Canadian Security Intelligence Service and Justice Canada (SDG 16, target 16.6)
• Supporting efforts of the International Assistance Group^{Endnote xxiii}, as Canada’s central authority for extradition and mutual legal assistance (SDG 16, targets 16.4, 16.5)
• Supporting Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime^{Endnote xxiv} (SDG 16, targets 16.4, 16.5)
• Providing strategic advice to the Organisation for Economic Co-operation and Development^{Endnote xxv} (OECD) on the advancement of a people-centered and accessible justice agenda, as a member of the OECD Advisory Group on the matter (SDG 16)
• Participating in multilateral international negotiations and forums (e.g. G7, Commonwealth Secretariat, Organization of American States, Financial Action Task Force) aimed at improving the international legal framework for law enforcement and cooperation in relation to the prosecution of serious transnational crimes (SDG 16, targets 16.4, 16.5)
• Setting Department-imposed obligations on legal agents of the Minister to abide by Canada’s anti-corruption and anti-bribery legal framework in Canada and abroad (SDG 16, target 16.5)
• Providing Justice Canada experts as training resources in supporting the capacity-building work of international agencies and organizations (SDG 16, target 16.11a)
• Contributing to World Trade Organization^{Endnote xxvi} and United Nations Investor-State Dispute Settlement reforms^{Endnote xxvii} to ensure inclusive international dispute settlement mechanisms and better gender representation, through measures such as gender diversity of panelists and arbitrators (SDGs 5, 16)

Experimentation^{Footnote 1}

The Department of Justice Canada will seek opportunities to improve the delivery of legal services by exploring the adoption of emerging and innovative technologies. Additionally, the Department will pursue improvements in program design and delivery. For instance, it will continue to pilot and adopt new electronic tools to support litigation and document exchange. The aim of these initiatives is to achieve improved service delivery and the adoption of evidence-based solutions that serve the public interest.

Justice Canada is currently using a Client Feedback Survey (CFS) to assess client satisfaction with legal services provided to government departments and agencies. The CFS is based on traditional sampling methodologies to obtain feedback. Individual client departments are surveyed on a cyclical basis. The complete cycle of surveying departments normally requires two years. In 2020, the Department began experimenting with a different platform to collect information on client satisfaction, through an Instant Client Feedback Survey (ICFS). This platform, and the manner in which the Department applies it, may provide a more efficient approach to collecting data. This could theoretically allow for greater agility in adjusting processes or practices to further ensure the Department provides high quality client-centric legal services. As a complement to the formal CFS, the ICFS follows the completion of key milestones on individual case files. A pilot is being conducted, which will run in parallel with the CFS to generate enough evidence to assess its viability. The experiment will continue into 2021 22, which will allow for a comparative analysis of survey platforms to determine the best course of action moving forward.

The impacts of the COVID-19 pandemic have accelerated initiatives to modernize the way we work. Justice Canada will continue to advance the secure exchange of documents with client departments and other parties (including the courts) using an electronic platform. For example, the Digital Exchange Platform Pilot was launched in the Toronto area in 2020 and is expected to run into 2022-23. In the current stage, the Ontario Immigration Law Division and six participating law firms can serve materials to each other and file documents via a digital portal. The initiative aims to facilitate the exchange of documents through electronic means without requiring the involvement of the courts or third-party process servers.

In addition, the Department has been working towards the modernization of our work with the court system by implementing procedures and technologies to enable remote hearings and reduce in-person attendance where counsel can appear by video or telephone (e.g. case-management conferences, largely procedural hearings, uncontested motions). As a result of this experiment, the Department intends to update or establish new guidance on document-sharing platforms and on the conduct of digital litigation, including remote hearings.

Key Risks

Cultivating and maintaining productive relationships with client departments enables Justice Canada to achieve its expected results. As legal practices, client priorities, and demands for legal services evolve, there may be risks for particular relationships. To mitigate these risks, the Department will continue to focus on collaboration and joint planning with client departments to meet Government and client priorities, especially during this time of the COVID-19 pandemic. The Department will work with client departments to prioritize efforts and manage demand. In the context of litigation services and as a result of the recent evaluation of litigation services, the Department will continue to advance its priority of strengthening strategic partnerships with clients.

Financial, human resources and performance information for the Department of Justice Canada’s program inventory is available in the GC InfoBase^{Endnote xxviii}.

Financial, human resources and performance information for the Department of Justice Canada’s program inventory is available in the GC InfoBase^{Endnote xxx}.

Planned Human Resources for Legal Services

2021-22 Planned Full-Time Equivalents	2022-23 Planned Full-Time Equivalents	2023-24 Planned Full-Time Equivalents
3,370	3,370	3,370

Financial, human resources and performance information for the Department of Justice Canada’s program inventory is available in the GC InfoBase^{Endnote xxxi}.

Justice System Support

Description

The Department of Justice Canada plays an essential role in ensuring a fair, relevant and accessible Canadian justice system. This responsibility is shared 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.

Planning Highlights

The Department of Justice Canada develops and coordinates all federal justice legislative reforms, policy options and initiatives. The Department also tests innovative approaches to strengthening the legal framework within various domains, notably criminal justice (including sentencing, criminal procedure, youth criminal justice, and justice for victims of crime); children and family law (including marriage and divorce); access to justice; bijuralism^{Footnote 8}; human rights; privacy; access to information; official languages; and Indigenous justice.

The Department provides justice system support to realize three key results for Canadians:

1. Laws and policies abide by the rule of law and promote respect for rights and a fair, accessible and relevant legal framework in Canada.
2. The criminal justice system supports alternative ways of responding to the causes and consequences of offending.
3. Canadians in contact with the justice system have access to appropriate services enabling a fair, timely and accessible justice system.

As the Department works to achieve these results, it must remain ready to respond to the accelerated pace at which new policy issues emerge or unfold. Adding to this, the broad scope of justice issues and the multi-tiered nature of Canada’s justice system require the involvement and collaboration of many partners and stakeholders.

As part of this responsiveness and to lend support to activities under way within the context of Canada’s Anti-Racism Strategy, the Department is undertaking, among other activities, an anti-racism review of its policy and program processes.

1. Departmental Result: Laws and Policies Abide by the Rule of Law and Promote Respect for Rights and a Fair, Accessible and Relevant Legal Framework in Canada

The Department remains committed to engaging with provincial and territorial governments, Indigenous governments, organizations and communities, other countries, and domestic and international organizations, as well as an increasingly diverse community of stakeholders. It will focus efforts on the identification of emerging issues, the development of various options (including policy, legislative and operational responses), and the implementation of reforms to improve the criminal, family and youth justice systems and promote public confidence.

In an effort to strengthen the confidence of Canadians in the federally appointed judiciary, the Department will support the Minister of Justice in bringing forward legislation to reform Canada’s system of judicial governance and discipline. As the lead for this initiative, the Department will contribute to all elements of policy development and parliamentary support. In collaboration with the Office of the Commissioner for Federal Judicial Affairs and the Canadian Judicial Council, who will later lead the implementation, the Department will work on measures to strengthen the governance arrangements and the independence of the Council. The Department will also continue its work to further ensure that the federal judiciary is reflective of Canada’s diversity, and improve methods of tracking progress.

With support from CIRNAC, the Department led the development with Indigenous peoples of Bill C-15^{Endnote xxxii} (An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples), which was introduced in December 2020. If enacted by Parliament, Bill C-15 will create a lasting framework for reconciliation through federal implementation of the UN Declaration^{Endnote xxxiii}. The Department will work with others to support the implementation of the UN Declaration legislation across the federal government, in cooperation and consultation with Indigenous peoples.

In addition, the Department will continue to support the Deputy Minister of Justice in her role as a member of the Deputy Ministers Committee on Indigenous Reconciliation. Efforts will include the provision of timely and integrated horizontal advice and support to the whole-of-government review of laws, policies and programs for consistency with the UN Declaration and Section 35 of the Constitution Act, 1982^{Endnote xxxiv}.

The Department will contribute to a renewed relationship with Indigenous peoples by continuing to collaborate with federal, provincial and territorial government partners, national Indigenous organizations, and other stakeholders to accelerate progress on various initiatives that relate to the Department’s mandate. This includes advancing the implementation of the Calls to Action of the Truth and Reconciliation Commission^{Endnote xxxv} (TRC Calls to Action) and responding to the Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls^{Endnote xxxvi} (MMIWG Calls for Justice).

Furthermore, the Department will continue to support efforts to combat all forms of gender-based violence. In particular, it will do so by supporting CIRNAC in the development, delivery and implementation of a responsive and evergreen National Action Plan^{Endnote xxxvii} to end the systemic causes of violence against Indigenous women, girls, and LGBTQ2+^{Footnote 10} persons (in response to the MMIWG Calls for Justice^{Endnote xxxviii}). Aligned with the commitments presented in the Speech from the Throne, the Department will also support Women and Gender Equality Canada (WAGE) in the development and implementation of a National Action Plan under Canada’s Strategy to Prevent and Address Gender-Based Violence^{Endnote xxxix}. This National Action Plan will focus on ensuring that anyone facing gender-based violence has reliable and timely access to protection and services. The Department will be contributing to the development and implementation of a Justice pillar under each aforementioned National Action Plan. This work, as well as the Department’s broader work on criminal law reform and victims’ issues, will be informed by a series of Indigenous-led community dialogue sessions with key stakeholders.

The Department will continue to support the full implementation of the criminal justice system reforms enacted through An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts^{Endnote xl} (former Bill C-75). Building on these reforms, the Department will further support the Government in its efforts to ensure that Canada’s criminal justice system is efficient, effective and accessible. These objectives remain critical, particularly as Canada continues to navigate the challenges posed to all social institutions, including the justice system, during the COVID-19 global pandemic. Ongoing efforts will focus on identifying ways to improve criminal procedure to ensure equitable and timely access to the justice system for all impacted – accused, victims, witnesses, and those responsible for the administration of justice.

The criminal justice system plays a critical role in maintaining public safety and protecting vulnerable Canadians. The Department will continue to support and explore options to improve criminal justice system responses to the neglect and abuse of seniors and elders. This work will involve examining and implementing legislative, programmatic and policy measures, as appropriate, to address the gaps in existing system responses. Given the shared areas of jurisdiction, the Department will work closely with the provinces and territories.

One of the key mandates of the Minister of Justice involves the establishment of an independent Criminal Case Review Commission to facilitate the review of applications submitted by people who may have been wrongfully convicted. The Department is leading the development of a proposal to create a commission on criminal conviction review, which will act independently from the Minister of Justice and the interests of the police and prosecution services that participated in the original trial process. Over its course, this initiative will include creating a secretariat that will be responsible for bringing in an external consultant, consultations with domestic and international stakeholders, recommendations on the commission’s structure and framework, and legislative reform to create the commission.

The Department led the development of Bill C-13^{Endnote xli} (An Act to amend the Criminal Code (single event sport betting)), which was tabled in the House of Commons by the Minister of Justice in November 2020. This Bill seeks to decriminalize single event sport betting by amending paragraph 207(4)(b) of the Criminal Code. The proposed amendments would permit provinces and territories to offer gaming and betting products on single sporting events through regulated lottery schemes. The Department will also support the Minister in engaging with provincial and territorial counterparts as well as Indigenous nations, communities and organizations on the role of Indigenous communities in the regulation of the gaming industry.

In the context of Canada’s family justice system, the Department will continue to work towards the full implementation of the reforms to federal family laws made through An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act^{Endnote xlii} (former Bill C-78). These reforms are designed to promote the best interests of the child; address family violence; help reduce child poverty; and make Canada’s family justice system more accessible and efficient. The Department is developing a broad range of public legal education and information materials to help Canadians understand the changes to the law, along with a suite of professional training resources to support effective implementation.

In addition, the Department is leading a project with federal government partners and experts in the field to assist family law legal advisers in supporting clients who have experienced family violence. The project involves the development of a bilingual, evidence- and user-based tool for advisers with practical suggestions on how to identify and respond to family violence in a way that is safe for clients.

Informed by public consultations and engagements with Indigenous governments and organizations throughout 2020-21, the Department will continue to lead the policy facet of the Privacy Act^{Endnote xliii} Modernization initiative towards the goal of tabling further legislation. Updating the Privacy Act will help ensure it reflects Canadians’ modern expectations of privacy, while supporting horizontal and innovative initiatives within government, including a number of digital initiatives.

The Department will continue its work as policy lead towards fulfilling its commitment to adopt all of the recommendations put forward by the Honourable Anne McLellan in her review of the roles and structure of the Minister of Justice and Attorney General of Canada^{Endnote xliv}.

Financial, human resources and performance information for the Department of Justice Canada’s program inventory is available in the GC InfoBase^{Endnote xlv}.

2. Departmental Result: The Criminal Justice System Supports Alternative Ways of Responding to the Causes and Consequences of Offending

In support of continued policy work aimed at developing and implementing alternative measures for responding to the causes and consequences of offending, the Department will continue to focus efforts on ensuring that the criminal justice system is used where it is needed to keep people safe, but not where it would be discriminatory or counterproductive. This includes addressing systemic inequities in all phases of the criminal justice system. Alongside Public Safety Canada, the Department will continue to co-lead the development and delivery of a Pan-Canadian Strategy and Action Plan to address the overrepresentation of Indigenous people in the criminal justice system. This work is undertaken collaboratively and is informed through a range of federal-provincial-territorial working groups.

In addition, the Department will continue to provide funding support to provinces, territories and non-governmental organizations for the delivery of services and programs through the Youth Justice Services Funding Program^{Endnote xlvi}, the Youth Justice Fund^{Endnote xlvii}, the Intensive Rehabilitative Custody and Supervision Program^{Endnote xlviii}, the Drug Treatment Court Funding Program^{Endnote xlix}, and the Indigenous Justice Program^{Endnote l}.

More specifically, through the Indigenous Justice Program^{Endnote li}, the Department will keep delivering financial support to Indigenous community-based justice programs that offer culturally relevant restorative justice alternatives to mainstream processes in appropriate circumstances. These programs are community-led and designed to reflect the cultures, values and specific justice needs of the communities they serve. This initiative contributes to the Government’s commitment to renew its relationship with Indigenous peoples as well as to address the overrepresentation of Indigenous people in the criminal justice system.

By working closely with the provinces and territories, the Department will continue to explore legislative, programmatic and policy opportunities to promote the use of restorative justice in the criminal justice system. This work is intended to increase the use of restorative justice while holding offenders accountable, meeting victim’s justice needs, and involving the community where appropriate, in order to support both victims and offenders and prevent further crime. The Department also supports federal-provincial-territorial working group initiatives on restorative justice.

Funding provided through the Drug Treatment Court Funding Program^{Endnote lii} will help to address crime committed in relation to drug dependency by promoting and strengthening the use of alternatives to incarceration for non-violent offenders who meet specified criteria. The program provides court-monitored treatment and community service support for qualifying non-violent offenders motivated by drug addictions.

The Department will continue to promote a more equitable and effective youth justice system by engaging and strengthening partnerships with other federal government departments on the implementation of the Youth Criminal Justice Act^{Endnote liii} (YCJA). This includes offering training to federal government employees whose work may be impacted by the YCJA, leading and facilitating the provision of legal expertise on the YCJA within the federal government, and providing support related to the interpretation of the YCJA.

Financial, human resources and performance information for the Department of Justice Canada’s program inventory is available in the GC InfoBase^{Endnote liv}.

3. Departmental Result: Canadians in Contact with the Justice System Have Access to Appropriate Services Enabling a Fair, Timely and Accessible Justice System

Through its Legal Aid Program^{Endnote lv}, Indigenous Courtwork Program^{Endnote lvi}, and Access to Justice Services Agreements^{Endnote lvii}, the Department will continue to contribute funding to provincial and territorial governments for the provision and delivery of legal aid services to economically disadvantaged persons, as well as for public legal education and information programs and for Indigenous courtwork services. The latter help to ensure that Indigenous people in contact with the criminal justice system obtain fair, just, equitable and culturally relevant treatment and representation.

The Department will strive to develop innovative approaches to Indigenous justice systems, guided by the TRC Calls to Action^{Endnote lxii} and the  MMIWG Calls for Justice^{Endnote lxiii}. This will include leading preliminary or ongoing negotiations on administration-of-justice agreements with Indigenous partners and working collaboratively with interested Indigenous organizations and communities as well as provinces and territories.

This work provides a foundation for the development of a new conceptual framework for Indigenous groups to assume a greater role in the administration of justice within their communities to advance self-determination, promote community development, enhance public safety, and develop capacity for change that is enduring and transformational. These processes also offer an opportunity to promote and enforce non-discriminatory laws and policies for sustainable development.

In line with its Action Plan for Official Languages - 2018-2023^{Endnote lxiv}, the Government of Canada has recently renewed its commitment to protecting Canada’s two official languages. The Department’s Access to Justice in Both Official Languages Support Fund^{Endnote lxv} will continue to support projects and activities that foster the recognition and use of both English and French in the Canadian justice system and enhance access to justice for official languages minority communities. This will include funding provinces and territories for the implementation of the official languages rights provision included in recent amendments to the Divorce Act^{Endnote lxvi}, which is planned to come into force progressively beginning in March 2021.

Through its Canadian Family Justice Fund^{Endnote lxvii}, the Department will support provinces and territories in implementing the amendments to the Divorce Act^{Endnote lxviii}. The fund supports activities and services for Canadian families experiencing separation and divorce. This will include funding projects directed towards the implementation of these amendments, together with updating existing public legal education and information materials. The fund will also focus on projects and activities that target underserved populations.

Finally, through the Contraventions Act Fund^{Endnote lxix}, the Department will continue to support provinces, territories and municipalities in their efforts to ensure that official language rights are respected as they deliver the Contraventions Act^{Endnote lxx} regime on behalf of the federal government.

Through the Federal Victims Strategy, the Department will advance policy and program initiatives that recognize and support the rights of victims of crime, including implementation of the Canadian Victims Bill of Rights^{Endnote lxxi}. The Department will continue to fund and support Family Information Liaison Units^{Endnote lxxii} to ensure that family members of missing or murdered Indigenous women and girls have access to all available information from government agencies about their loved ones, as well as access to culturally grounded and trauma-informed services and supports. In addition, the Department will develop policy and continue to provide enhanced and ongoing funding to address the specific needs of vulnerable victims^{Footnote 30}.

Under the Victims Fund^{Endnote lxxiii}, additional resources will continue to support enhanced measures to address gaps in services provided to child and youth victims, to improve trauma-informed services for victims of human trafficking, and to increase access to justice and appropriate services for victims of sexual offences. These resources help organizations to respond better to the needs of vulnerable victims of crime by increasing their capacity and ability to develop and deliver programs and services, and expanding their scope and reach. Medium-term outcomes include increased access to responsive services that support vulnerable victims and enhanced criminal justice system responses. Together, such initiatives help achieve the Federal Victims Strategy’s goals of improving access to justice for victims and survivors of crime, and giving victims a more effective voice in the criminal justice and federal corrections systems.

The Office of the Federal Ombudsman for Victims of Crime^{Endnote lxxiv}, which operates at arm’s length from the federal government, will provide direct information, referrals and complaint-review services to its primary clients, including victims, victims’ family members or representatives, victim-serving agencies, and other stakeholders.

Financial, human resources and performance information for the Department of Justice Canada’s program inventory is available in the GC InfoBase^{Endnote lxxv}.

Gender-Based Analysis Plus (GBA+)

To contribute to reducing inequality in Canada and address the diverse needs of different groups of people in order to help foster fair outcomes, the Department will continue to take Gender-Based Analysis Plus^{Endnote lxxvi} (GBA+) considerations into account in all areas of its work, including different programs and initiatives under the Justice System Support core responsibility.

The GBA+ approach requires rigorous analysis that goes beyond biological (sex) and social-cultural (gender) differences and examines how sex and gender intersect with a range of other identity factors, such as ethnicity, religion, age, and mental or physical disability. In addition, GBA+ involves the analysis of structural conditions, such as employment, care, economy, housing, social, cultural and environmental contexts, to help reduce barriers in accessing government services and benefits and support equal opportunities for success.

For instance, a GBA+ approach will be incorporated in the process of establishing an independent Criminal Case Review Commission. While fewer women are convicted of crimes than men, some women, particularly Indigenous women, are more likely to be convicted than others. It is possible that women who should benefit from the criminal conviction review process are not doing so. When designing the framework and drafting legislation for the new regime, GBA+ will ensure an inclusive approach.

The Department will continue to bring a GBA+ lens to the implementation of the TRC Calls to Action and the development of the WAGE-led National Action Plan to address Gender-Based Violence.

Justice Canada is supporting a series of themed, Indigenous-led community dialogue sessions across Canada to identify practical and concrete actions to address violence against Indigenous women, girls and LGBTQ2+ persons. These sessions include Indigenous women’s groups as well as Indigenous groups focused on LGBTQ2+. Department officials have also presented to a number of sub-working groups, including one specifically focused on LGBTQ2+, to obtain additional perspectives and feedback. The input generated through these engagements will help to inform the Department’s contributions to the development of the MMIWG Calls for Justice National Action Plan to end violence against Indigenous women, girls and LGBTQ2+ persons, being led at the federal level by CIRNAC. Moreover, these engagements will help inform the future development of policy regarding criminal law and victim issues.

With respect to the administration-of-justice agreements initiative, the Department is committed to including the perspectives, experiences, and voices of diverse groups within Indigenous communities, specifically Elders, youth, women and LGBTQ2+ persons, throughout the various phases of the process. Administration-of-justice agreements are expected to provide a unique opportunity to help reduce the victimization of Indigenous women, youth, and LGBTQ2+ persons by facilitating the development of a community-led and community-focused justice agreement. As such, the Department intends to increase emphasis on GBA+ considerations in discussions with Indigenous communities about administration of justice.

United Nations’ 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals (SDGs)

Justice Canada’s Access to Justice Secretariat supports the Department in its leadership role for advancing SDG 16^{Endnote lxxvii} and provides a focal point for the Government’s efforts to promote access to justice for all, domestically and internationally.

The Department continues to build on existing efforts to foster a more inclusive society, including promoting the addition of a civil justice indicator for measuring SDG 16 progress. The Department will champion a people-focused approach to justice and other SDG 16-related themes more broadly among key partners and stakeholders at home and abroad. This will include following up on the international engagement demonstrated at the 2020 Global Week for Justice^{Endnote lxxviii}, hosted by Canada in partnership with Pathfinders for Peaceful, Just and Inclusive Societies, the Organisation for Economic Co-operation and Development, and the Open Government Partnership.

Department initiatives that will contribute to advancing SDGs include:

• Implementation of the official languages rights provision in the Divorce Act, which is intended to ensure that Canadians in every part of the country can obtain a divorce in the official language of their choice (SDG 16)
• Implementation of federal family law reforms through former Bill C-78 (SDG 16)
• Commitment to eliminating the overrepresentation of Indigenous people, Black and racialized Canadians in the justice system, including the Department’s continued work on the development and delivery of a Pan-Canadian Strategy to address the overrepresentation of Indigenous people in the criminal justice system (SDG 10)
• Introduction of Bill C-15, to be followed by the development and implementation of a National Action Plan on the UN Declaration. Canada’s implementation of the UN Declaration is intended to promote sustainable development in Indigenous communities across the country, as well as demonstrate global leadership (SDGs 5, 10, 16)
• Contributions to the development, delivery and implementation of a responsive and evergreen National Action Plan to address systemic causes and end violence against Indigenous women, girls and LGBTQ2+ persons (SDGs 5, 10, 16)
• Negotiation of administration-of-justice agreements with Indigenous groups (SDGs 5, 10, 16, target 16.7)
• Partnering with Statistics Canada and several other federal departments and agencies to implement the Canadian Legal Problems Survey, to be launched in early 2021 and aimed at obtaining a greater understanding of the legal problems that Canadians are experiencing and the mechanisms they are using to resolve these problems, if any. The Survey will collect data on the prevalence and nature of serious legal problems across Canada, as well as whether and how those problems were resolved (SDG 16)
• Exploring the development of an Open Justice Commitment^{Endnote lxxix} as part of Canada’s 5^th National Action Plan on Open Government (SDG 16)
• Participating in the Open Government Partnership Coalition on Justice^{Endnote lxxx}, whose members seek to advance open justice commitments, promote peer-to-peer learning, and foster research and data collection (SDG 16)

Experimentation^{Footnote 39}

The Department of Justice Canada will continue to strive to innovate and test improvements in program design and delivery. It will also seek opportunities to improve the accessibility of justice information, engagement and outreach, and delivery of services by exploring new approaches as well as emerging and innovative technologies.

Through contribution funding from its Legal Aid Program, Justice Canada is supporting Legal Aid British Columbia^{Endnote lxxxi} in its experimentation with a new “limited criminal representation contract.” Launched in 2019, the Criminal Early Resolution Contract aims to help defendants whose cases are appropriate for resolution within 90 days before trial dates are set. The contract follows the same expanded coverage and financial eligibility criteria as expanded criminal duty counsel ($1,000 per month above the standard financial eligibility threshold and not facing a risk of jail).

This initiative seeks to help improve delivery of legal aid services by increasing the early resolution of cases, broadening the scope of recipients of criminal legal aid and legal representation services, and ensuring continuity of service for clients who would previously not have been eligible for expanded duty counsel or legal representation. If the initiative is successful, it would reduce the number of court appearances for cases that fit the program’s criteria. This includes reducing the number of court attendance needed for witnesses and victims of crime.

Key Risks

Actively maintaining productive relationships with essential justice system partners and stakeholders is important to ensuring Justice Canada’s ability to meet priorities and expected results. To mitigate risk to these essential relationships, the Department will monitor emerging trends to inform forward planning and seek to increase policy and program engagement capacity and responsiveness. With a view to helping ensure successful outcomes for the Government’s reconciliation agenda, the Department will continue to seek and leverage opportunities to engage with national Indigenous organizations, Indigenous governments and representative organizations, and federal, provincial and territorial partners. These engagement opportunities will include participating in permanent bilateral mechanisms and leveraging, for example, CIRNAC’s MMIWG Calls for Justice National Action Plan governance structure, which includes Indigenous representatives, families and survivors.

The Department recognizes that progress on various justice system initiatives may continue to be impacted due to the reduced capabilities or capacity of key stakeholders or partners as a result of the COVID-19 pandemic. In response, the Department will advance work by virtual means and work with partners to set an appropriate pace of work.

Financial, human resources and performance information for the Department of Justice Canada’s program inventory is available in the GC InfoBase^{Endnote lxxxiii}.

Planned Human Resources for Justice System Support

2021-22 Planned Full-Time Equivalents	2022-23 Planned Full-Time Equivalents	2023-24 Planned Full-Time Equivalents
308	308	308

Financial, human resources and performance information for the Department of Justice Canada’s program inventory is available in the GC InfoBase^{Endnote lxxxiv}.

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