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Approval/Information/Signature

2015-16 Supplementary Estimates (B)

Issue

The 2015-16 Supplementary Estimates (B) will be tabled in the House of Commons by the President of the Treasury Board once Parliament resumes.      [Information was severed in accordance with the Access to Information Act. s.69(1)]     

Background

The President of the Treasury Board tables Supplementary Estimates in the spring (Supplementary Estimates (A)), fall (Supplementary Estimates (B)), and winter (Supplementary Estimates (C)) to obtain the authority of Parliament to adjust the government's expenditure plan, as reflected in the Estimates for that fiscal year. Funding for these Estimates is provided for in the Federal Budget and is, therefore, built into the existing fiscal framework.

The Supplementary Estimates serve two purposes. First, they seek authority for revised spending levels that Parliament will be asked to approve in an appropriation act. Second, they provide Parliament with information on changes in the estimated expenditures to be made under the authority of statutes previously adopted by Parliament.

The 2015-16 Supplementary Estimates (B) is the second regular Supplementary Estimates for the fiscal year ending March 31, 2016. The items included are Treasury Board Submissions already approved (by Treasury Board) and a Memorandum of Understanding to transfer funds to another government department, also approved during the current fiscal year.

Recommended Action

A briefing note, including the final Chief Financial Officer (CFO) approved page proofs to be tabled in Parliament, will be prepared at the end of the Supplementary Estimates (B) process for your information. Should you be required to appear before a parliamentary committee, briefing material will be prepared for your reference.

Delegation of Financial Signing Authorities Chart

Issue

Your signature will be sought on the Department's Delegation of Financial Signing Authorities Chart. It is suggested that the Chart be read in conjunction with the supporting notes.

Background

The Treasury Board Directive on Delegation of Financial Authorities for Disbursements stipulates that controls pertaining to all delegated financial authorities are reviewed and updated annually, at a minimum. No person is permitted to exercise financial authorities unless the appropriate minister or deputy minister has formally (in writing) delegated these authorities as established under sections 33 and 34 of the Financial Administration Act (FAA). The delegation chart includes two other areas for sections 32 and 41 of the FAA for Expenditure Initiation and Commitment Control and Transaction Authority (Contracting) respectively. The written delegation is done via the signing of the Delegation of Financial Signing Authorities Chart by the Minister and the Deputy Minister.

The appointment of a new minister does not automatically nullify existing authorities. However, as required by the Treasury Board Directive on Delegation of Financial Authorities for Disbursements, a new document for delegated authorities is to be prepared for signature by the Minister or Deputy Minister (or both) within 90 days following the appointment of a new minister.

The previous Chart and accompanying supporting notes were signed by your predecessor and Justice Canada's Deputy Minister in October 2013. Since the last update, Treasury Board has published nine new or amended financial management policy instruments. The impact of such policy instrument revisions and of other considerations, such as organizational changes, is currently being reviewed as part of the annual review and update to the Chart and accompanying supporting notes. The review is planned to be completed by January 2016 and the Deputy Minister's approval will be sought prior to submission to your office.

Recommended Action

Your signature is required on the Chart, preferably no later than three months following your appointment.

Funding Proposals under Various Departmental Transfer Payment Programs

Issue

The Minister of Justice retains delegation for signing under section 32 of the Financial Administration Act (FAA) for Vote 5 (Grants and Contributions) for three funding programs: the Justice Partnership and Innovation Program (JPIP), the Victims Fund, and the Youth Justice Fund. At issue is whether you wish to retain or delegate financial authority for these programs.

Background

Justice Canada provides funding through transfer payment programs to community organizations and other levels of government that are working to support the departmental mandate, mission, and priorities. In order to provide funding, funds must be committed under section 32 of the FAA.

The authority to approve transfer payments under section 32 (expenditure initiation and commitment authority) may be retained by the Minister or sub-delegated to officials. The Department is responsible for undertaking a detailed review of the applications received to ensure agreement with program objectives and terms and conditions to ensure that they are linked to the mandate and work of the Department. Projects recommended for approval are then submitted to the Minister for decision. After receipt of a ministerial decision (approval or not), Justice officials informs the applicant of the decision and issues a grant letter and enters into a contribution agreement with the recipient, as appropriate, or issues a rejection letter.

Decisions to retain financial authority or sub-delegate to officials are based on numerous factors: nature of the program, materiality, type of project, as well as visibility and communication opportunities. When authority is delegated to officials, areas of priority are established by the Minister to ensure that funded projects are consistent with departmental objectives.

In the recent past, financial authority was retained by the Minister for three specific programs: JPIP, Youth Justice Fund, and Victims Fund:

JPIP (including family violence and violence against Aboriginal women and girls)
The objectives are to facilitate access to justice through the development of new approaches; disseminate law-related information; test pilot projects; develop, implement, test, and assess models, strategies, and tools to improve the justice system's response to family violence; and support Aboriginal communities in breaking intergenerational cycles of violence and abuse through awareness activities, tools, and resources to reduce vulnerability to violence and to build healthy relationships.

Victims Fund (including child advocacy centres, measures to address prostitution and violence against Aboriginal women and girls)
The objectives aim to advance departmental priorities in the area of victims of crime, identify emerging areas of concern and practice, and advance shared objectives with respect to victim issues with other levels of government and stakeholders. This gives victims a more effective voice in the criminal justice system and federal corrections system.

Youth Justice Fund
The objectives support projects that encourage a more effective youth justice system, namely in the areas of drug treatment programming for youth involved in the justice system; youth involved in, or vulnerable to, gun, gang, and drug activities; and youth within the justice system with mental health issues and/or cognitive impairments such as fetal alcohol spectrum disorder.

Funding for projects is approved by fiscal year. Funds that are not committed in a fiscal year are lapsed and are returned to the Consolidated Revenue Fund. In order to ensure available resources for these three programs are not lapsed, recommended projects under these funds need to be reviewed and approved by delegated officials or submitted for ministerial approval in November 2015.

With the fiscal year ending March 31, 2016, a decision will need to be taken pertaining to the financial authority for signing under Section 32 of the Financial Administration Act (i.e., retained by the Minister or delegated to officials), in order for funds under these three funding programs to be spent by recipients before fiscal year end.

Recommended Action

A decision will be required as to whether you wish to retain or delegate authority under section 32 of the FAA for new projects under the JPIP, the Victims Fund, and the Youth Justice Fund

Memoranda of Understanding on the Aboriginal Justice Strategy

Issue

The Aboriginal Justice Strategy (AJS) is a federally-led cost shared program that works in partnership with provincial and territorial governments to support community-based alternatives to the mainstream justice system.

Memoranda of Understanding (MOUs) between the AJS and provincial and territorial governments demonstrate the commitment at all levels of government to supporting the objectives of the AJS within the respective jurisdictions.

Your signature will be sought on 2014-2017 MOUs regarding AJS community-based justice programs.

     [Information was severed in accordance with the Access to Information Act. s.21(1)(a), s.21(1)(b)]     

Background

The AJS provides support to innovative Aboriginal community-based justice programs. These programs provide culturally-based alternatives to the mainstream justice system for less serious offences, in appropriate circumstances. These programs have played an important role in reducing crime and helping to address the over-representation of Aboriginal people in the criminal justice system by lowering the rate at which Aboriginal people re-offend. 

These programs enable Aboriginal people to assume greater responsibility for the administration of justice in their communities and help to reduce victimization. There are approximately 275 AJS programs that reach over 800 Aboriginal communities in Canada, including on and off reserve, rural, urban, and Northern communities. The MOUs serve to confirm shared goals among the parties and provide guidelines for the establishment and maintenance of partnerships. The MOUs also ensure an emphasis on the principle for cost sharing between the parties.

Due to a series of short-term AJS renewals (one-year renewals for fiscal years 2012-13 and 2013-14) and the length of time required for signatures, MOUs with provincial and territorial governments have not been signed since 2012.

Economic Action Plan 2014 proposed $22.2 million from 2014-2016 for the AJS, with an additional third year of funding at status quo levels extending the AJS mandate to 2016-2017. Given the current three-year mandate, provincial and territorial governments are supportive of signing MOUs to demonstrate a joint commitment to Aboriginal justice related programming and to support future program renewal efforts.

The AJS intends to sign MOUs with all provincial and territorial counterparts for 2014-2017 to underline the joint commitment to Aboriginal justice programs      [Information was severed in accordance with the Access to Information Act. s.21(1)(a), s.21(1)(b), s.21(1)(c)]     

Recommended Action

Your signature will be sought on the 2014-2017 MOUs with the provincial and territorial governments.

Law Cadre Group Compensation

Issue

This note is to inform you of the Law Management (LC) group's salary inversion with subordinates in the Law Practitioner (LP) group.

Background

The LC group (level 01 - 04) came into being on December 9, 2010. Managers of the Law (LA) group were converted to the LC group while LA practitioners were converted to the LP group. At the time of conversion, rates of pay were unchanged.

The LC terms and conditions of employment on conversion became those of the Executive group while LP positions continued to follow the LA collective agreement.

On March 12, 2013, a new LA collective agreement was signed that provided a 15.25% (cumulative) pay raise, which resulted in the LP group rates being above those of LCs. Most managers had annual salaries below that of their subordinates, a situation often referred to as "salary inversion." The LCs received salary increases in 2013, 2014, and 2015 amounting to two percent. These increases did not resolve the salary inversion with the LP group.

     [Information was severed in accordance with the Access to Information Act. s.21(1)(a), s.21(1)(b), s.21(1)(d)]     

Recommended Option

Justice Canada officials are prepared to brief you further on this matter.

2014-2015 Annual Reports to be Tabled Before Parliament

Issue

Pursuant to various statutory provisions, the Minister of Justice and Attorney General of Canada is responsible for tabling a number of annual reports (Annex 1) before Parliament that involve Justice Canada and a number of its portfolio organizations. Three annual reports must be tabled when Parliament resumes and an additional three, with no statutory deadline for tabling, will require your attention before the end of 2015 or in early 2016:

1. Courts Administration Service 2014-2015 Annual Report
   Pursuant to section 12 of the Courts Administration Service Act, the Chief Administrator shall, within six months after the end of each fiscal year (September 30) submit a report to the Minister of Justice on the activities of the Service for that year. This report must be tabled before each House of Parliament on any of the first 15 days on which that House is sitting following reception of the report.
   
   
2. Applications for Ministerial Review - Miscarriages of Justice 2014-2015 Annual Report
   Pursuant to section 696.5 of the Criminal Code, the Minister of Justice shall submit an annual report to Parliament in relation to applications under section 696.1 of the Criminal Code. This report must be tabled before each House of Parliament within six months after the financial year in respect of which it is made (September 30) or, if the House and Senate are not then sitting, on the first day they reconvene.
   
   
3. Corruption of Foreign Public Official Act 2014-2015 Annual Report
   Pursuant to section 12 of the Corruption of Foreign Public Officials Act, the Minister of Foreign Affairs, the Minister of International Trade, and the Minister of Justice and Attorney General of Canada shall jointly prepare, within four months of the end of the fiscal year (July 30), an annual report on the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the enforcement of the Act. The Minister of Foreign Affairs is responsible for tabling this annual report before both Houses of Parliament on any of the first 15 days on which the House and Senate are sitting after the report is completed.
   
   
4. Investigative Hearing and Recognizance with Conditions 2014-2015 Annual Report
   Pursuant to section 83.31 of the Criminal Code, the Attorney General of Canada shall submit an annual report to Parliament containing information about how frequently the investigative hearing provisions and the recognizance with conditions have been used and whether the operation of these provisions should be extended. There is no statutory deadline for tabling this annual report; however, it is expected to be tabled at the end of 2015.
   
   
5. Canada Evidence Act 2014-2015 Annual Report
   Pursuant to section 38.17 of the Canada Evidence Act, the Attorney General of Canada shall submit an annual report to Parliament containing information on the operation of sections 38.13 and 38.15. This annual report must include the number of certificates and fiats issued under sections 38.13 and 38.15. There is no statutory deadline for tabling this annual report; however, it is expected to be tabled at the end of 2015.
   
   
6. Federal Ombudsman for Victims of Crime 2014-2015 Annual Report
   Pursuant to section 7 of the Terms and Conditions of Employment of the Federal Ombudsman for Victims of Crime, the Ombudsman shall submit to the Minister of Justice for tabling before Parliament, an annual report on the activities of the Office of the Ombudsman. There is no statutory deadline for either the submission of this report to the Minister or the tabling before Parliament. In the past, a government response was prepared following receipt of the annual report and both documents were tabled simultaneously before Parliament; however, there is no statutory requirement to provide a government response.

Background

After a dissolution, clerks of both Houses of Parliament do not accept any returns, reports, or other papers required to be tabled pursuant to an act of Parliament or a resolution or Standing Order of the House of Commons. Ministers must wait until the new Parliament is in session before tabling any document.

Most annual reports may be tabled in one of two ways: "front door" or "back door." When a report is tabled "front door," it is tabled before the House of Commons by a minister or parliamentary secretary acting on behalf of the minister or, in the Senate, by a senator. A report tabled "back door" means that the tabling is not done formally in the House of Commons or Senate. It is instead deposited directly with the Clerk of the House or Senate. In both cases, the name of the document can be found in the Journals of the House or the Senate for that day.

For a minister to have the option to table an annual report "back door" in the House of Commons, pursuant to Standing Order 32(1), there must be a requirement for it to be laid in accordance with any act of Parliament or pursuant to any resolution or Standing Order of the House of Commons. If not, the only option is to table "front door."

In the Senate, all of the annual reports that a minister is responsible for may be tabled "front door" or "back door" as Rule 14-1(6) only has a requirement that the document be laid before the Senate.

In the House of Commons, pursuant to Standing Order 32(5), annual reports that are tabled will automatically be referred to a standing committee so that they be studied or used as information for ongoing examination. Annual reports that fall under the responsibility of the Minister of Justice are referred to the Standing Committee on Justice and Human Rights. In the Senate, by contrast, a motion must be moved and adopted in order for the document to be referred to a committee.

Justice Canada's Cabinet and Parliamentary Affairs Unit is responsible for coordinating the tabling of annual reports for the Department and for the portfolio organizations that have an arm's length relationship with the Minister of Justice. These responsibilities include preparing the necessary material and ensuring that your office receives it in time for your signature and subsequent tabling before Parliament by yourself or the Parliamentary Secretary.

Recommended Action

For each annual report that must be tabled before Parliament, a briefing note and all accompanying cover letters will be submitted to your office for approval and signature in due time. Regarding the Federal Ombudsman for Victims of Crime 2014-2015 Annual Report, instructions will be sought upon receipt of the report as to whether a Government response should be prepared.

Annex

Annex 1: List of all annual reports under the responsibility of the Minister of Justice and Attorney General of Canada

Annual Reports

Description

Department of Justice Access to Information Act & Privacy Act Annual Reports
Pursuant to the provisions of section 72 of the Access to Information Act and section 72 of the Privacy Act, the head of every government institution shall prepare for submission to Parliament an annual report on the administration of the Acts within the institution during each financial year. The reports must be tabled within three months after the financial year in respect of which it is made (June 30) or, if the House is not then sitting, on any of the first fifteen sitting days after the House reconvenes.

Canadian Human Rights Commission Access to Information Act & Privacy Act Annual Reports
Pursuant to the provisions of section 72 of the Access to Information Act and section 72 of the Privacy Act, the Department of Justice receives the Canadian Human Rights Commission Annual Reports on the Privacy Act and the Access to Information Act and ensures that they are transmitted to the Minister's Office for tabling. The reports must be tabled within three months after the financial year in respect of which it is made (June 30) or, if the House is not sitting, on any of the first fifteen sitting days after the House reconvenes.

Administrative Tribunals Support Service of Canada Access to Information Act & Privacy Act Annual Reports
Pursuant to the provisions of section 72 of the Access to Information Act and section 72 of the Privacy Act, the Department of Justice receives the Administrative Tribunals Support Service of Canada Annual Reports on the Privacy Act and the Access to Information Act and ensures that they are transmitted to the Minister's Office for tabling. The reports must be tabled within three months after the financial year in respect of which it is made (June 30) or, if the House is not sitting, on any of the first fifteen sitting days after the House reconvenes.

Corruption of Foreign Public Official Act Annual Report

Pursuant to section 12 of the Corruption of Foreign Public Officials Act, the Minister of Foreign Affairs, the Minister of International Trade and the Minister of Justice and Attorney General of Canada shall prepare jointly, within four months of the end of the fiscal year (July 30), an annual report on the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the enforcement of the Act. The Minister of Foreign Affairs is responsible for tabling this annual report before both Houses of Parliament on any of the first fifteen days on which the House and Senate are sitting after the report is completed.

Activities of the Courts Administration Service Annual Report
Pursuant to section 12(2) of the Courts Administration Service Act, the Chief Administrator shall, within 6 months (Sept 30) after the end of each fiscal year, send to the Minister of Justice a report on the activities of the Service. The report must be tabled on any of the first fifteen days on which the House is sitting after the Minister receives the report.

Applications under Part XXI.1 (Ministerial Review) of the Criminal Code Annual Report (Miscarriage of Justice) Annual Report
Pursuant to section 696.5 of the Criminal Code, the Minister of Justice must table an annual report on applications for ministerial review of miscarriages of justice within six months (Sept 30) after the end of each financial year.

Investigative Hearing and Recognizance with Conditions Annual Report
Pursuant to section 83.31 of the Criminal Code, the Attorney General of Canada shall submit an annual report to Parliament containing information about how frequently the investigative hearing provisions and the recognizance with conditions have been used and whether the operation of these provisions should be extended. There is no statutory deadline for tabling this annual report; however, it is expected to be tabled at the end of 2015.

Canada Evidence Act Annual Report
Pursuant to section 38.17 of the Canada Evidence Act, the Attorney General of Canada shall submit an annual report to Parliament containing information on the operation of sections 38.13 and 38.15. This annual report must include the number of certificates and fiats issued under sections 38.13 and 38.15. There is no statutory deadline for tabling this annual report; however, it is expected to be tabled at the end of 2015.

Federal Ombudsman for Victims of Crime Annual Report
Pursuant to section 7 of the Terms and Conditions of Employment of the Federal Ombudsman for Victims of Crime, the Ombudsman shall submit to the Minister of Justice for tabling before Parliament, an annual report on the activities of the Office of the Ombudsman. There is no statutory deadline for either the submission of this report to the Minister and the tabling before Parliament. In the past, a government response was prepared following receipt of the annual report and both documents were tabled simultaneously before Parliament; however, there is no statutory requirement to provide a government response.

Statutes Repeal Act Annual Report
Pursuant to section 2 of the Statutes Repeal Act, the Minister of Justice shall table before Parliament every calendar year, on any of the first five days on which that House sits (Jan/Feb), a report listing every Act of Parliament or provision of an Act of Parliament that is to come into force on a day or days to be fixed by proclamation or order of the Governor in Council and that (a) was assented to nine years or more before December 31 immediately preceding the laying of the report; and (b) had not come into force on or before December 31.

2014-15 Departmental Performance Report

Issue

Your signature will be sought on the Justice Canada's 2014-15 Departmental Performance Report (DPR). The DPR must be signed and submitted to the Treasury Board of Canada Secretariat (TBS) for tabling once Parliament resumes.

Background

Departments submitted a penultimate draft of their 2014-15 DPR, with Chief Financial Officer (CFO) signature, to TBS on October 5, 2015. Once Parliament resumes, TBS will request the final Ministerial signed report. When TBS provides instructions to departments and agencies, a final 2014-15 DPR will be prepared for your signature.

The 2014-15 DPR presents a fair and balanced summary of Justice Canada's performance on government priorities and lessons learned during the period of April 1, 2014, to March 31, 2015.

Justice Canada's priorities for 2014-15

1. To ensure that the justice system continues to enhance the personal safety and security of citizens through criminal laws, policies, and programs.
2. To support victims of crime.
3. To support the Government of Canada's priorities through the delivery of high-quality legal services.
4. To continue to manage organizational transformation in the context of cost containment.

Recommended Action

When provided to your office for signature, it is recommended that you approve Justice Canada's 2014-15 DPR. As per TBS requirements, it includes approval to publish the DPR, as well as the online Supplementary Information Tables and Financial Statements, on the Department's website.

2015-17 Forward Regulatory Plan

Issue

Departments are required to post an updated annual Forward Regulatory Plan on their websites by April 1 and October 1 of each year as set out in The Forward Planning and Related Measures to Improve the Transparency and Predictability of the Federal Regulatory System. Due to the election, the Department updated its website by simply removing completed initiatives, however, Treasury Board of Canada Secretariat's Regulatory Affairs Sector (TBS-RAS) may require an additional update prior to April 1, 2016.

Background

Regulation is a key instrument used by the Government of Canada to achieve various policy objectives and to improve the quality of life of Canadians. It is an important tool for protecting the health and safety of Canadians, the environment, and for securing the conditions for an innovative and prosperous economy. It is defined both by specific legal requirements set out in the Statutory Instruments Act and by policy requirements that are articulated in the Cabinet Directive on Regulatory Management.

A Forward Regulatory Plan identifies anticipated regulatory changes or actions that a department intends to bring forward or undertake in a specified time frame. It also identifies public consultation opportunities and a departmental contact point for each initiative.

There are currently fours regulatory initiatives listed on the Justice Canada 2015-17 Forward Regulatory Plan (Annex 1):

• Regulations Amending the Application of Provincial Laws Regulations (Contraventions Act) Newfoundland And Saskatchewan;
• Regulations Amending the Contraventions Regulations (Vinyl Chloride Release Regulations, 1992);
• Amendments to the Schedule II, III, and IV of the Privacy Regulations (Investigative Bodies) and to the Schedule I of the Access to Information Regulations (Investigative Bodies); and
• Amendments to the Release of Information for Family Orders and Agreements Enforcement Regulations.
  

Justice Canada's Cabinet and Parliamentary Affairs Unit (CPAU) is responsible for coordinating the development of regulatory initiatives within the Department. Following a call letter from TBS-RAS that sets a deadline for response, CPAU prepares an updated Forward Regulatory Plan.

Recommended Option

If TBS-RAS requires an update prior to April 1, CPAU will provide your office with a proposed package for approval. In the absence of a call for an update in the upcoming 100 days, proposals for the anticipated TBS-RAS call letter for an April 1, 2016, update to the Departmental Forward Regulatory Plan will be submitted to your office for confirmation and approval in March 2016.

Annex

Annex 1: Justice Canada 2015-17 Forward Regulatory Plan

2015-16 Fourth Financial Quarter Travel, Hospitality, Conference, and Event Expenditures

Issue

Your approval will be sought on the Travel, Hospitality, Conference, and Event Expenditures (THCEE) plan for the fourth quarter of 2015-16. Events requiring your approval are those that individually or collectively are within your delegated authority of above $25,000 for events and above $5,000 for hospitality.

Background

As per the Treasury Board Directive on THCEE, a comprehensive package is prepared for each quarter, to submit the THCEE requiring your approval under Section 32 of the Financial Administration Act (FAA). This allows the department to risk-manage expenses, in a prudent, effective, and efficient manner. Your approval, under Section 32 of theFAA, will be sought when required as per your delegation.

Justice Canada sends a quarterly call letter to portfolios and sectors in order to consolidate a quarterly plan for approval by the appropriate delegated authority. The quarterly plan includes travel for that quarter plus any known travel for future quarters (known as quarterly plus plan). For unforeseen activities, there is a one-off request process to seek the Minister's approval and signature; however, this is to be used for exceptional circumstances only.

Recommended Action

A briefing note will be submitted for events (individually or collectively) where the total costs are above $25,000 and for hospitality that is above $5,000. Your approval will be sought on the plan for the fourth financial quarter (January to March) of 2015-16 before November 25, 2015.

Your approval may be sought for one-off requests for an event in 2015-16 that was unforeseen prior to the quarterly call for the fourth quarter of 2015-16 plan.

Canada's 21st/22nd Report Under the International Convention on the Elimination of All Forms of Racial Discrimination

Issue

This note is to inform you that the Minister of Canadian Heritage will consult with your office in December 2015 to seek approval of Justice Canada's contribution to Canada's 21st/22nd periodic report under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

Background

The ICERD requires States party to the Convention to take measures to eliminate racial discrimination and related forms of discrimination in all fields: political, economic, social, and cultural. Canada ratified the ICERD in 1970. As a State Party, Canada must report to the UN Committee on the Elimination of Racial Discrimination–the expert body that monitors implementation–every four years on measures taken to implement its treaty obligations. Canada's combined 21st/22nd report (January 2011 to July 2015) is expected to be filed in early 2016.

Citizenship and Immigration Canada and Canadian Heritage are leading the preparation of this report in consultation with key federal departments and provincial and territorial governments. Justice Canada contributed input for the report on matters falling under its mandate, including the legal framework for combatting racial discrimination, the over-representation of racial minorities (including Aboriginal people) in the criminal justice system, and access to justice for persons belonging to minority groups. The established approval process is to obtain deputy minister approval for all departmental input. The lead department will then consolidate the collective input. The Office of the Minister of Canadian Heritage will then contact its counterparts in December 2015 to seek approval of departmental contributions to the report and approval to submit the report. Justice Canada officials will provide you with a copy of the report when it is sent to the Office of the Minister of Canadian Heritage.

Recommended Action

     [Information was severed in accordance with the Access to Information Act. s.21(1)(a), s.21(1)(b)]     

Canada's Response to the United Nations Committee on Economic, Social, and Cultural Rights

Issue

This note is to inform you that the Minister of Canadian Heritage will consult with you in December 2015 to seek your approval of Justice Canada's contribution to Canada's response to the advanced list of issues in relation to the presentation of Canada's Sixth Periodic Report under the United Nations International Covenant on Economic, Social and Cultural Rights (ICESCR).

Background

The ICESCR requires States party to the Convention to take steps to the maximum of their available resources to progressively realize a comprehensive range of substantive economic, social, and cultural rights. Canada ratified the ICESCR in 1976 and must report to the United Nations Committee on Economic, Social, and Cultural Rights–the expert body that monitors implementation–every four years on measures taken to implement its treaty obligations. Canada filed its Sixth Periodic Report under the ICESCR in October 2012 and is scheduled to present it to the Committee on February 24 and 25, 2016. The Committee sent Canada an advance list of issues that it will consider in relation to the presentation of Canada's report. Canada's written response is due on December 1, 2015. Given potential delays in approvals (due to the recent federal election) submission of the response to the United Nations is being targeted for late December 2015.

Employment and Skills Development Canada and Canadian Heritage are leading the preparation of this report in consultation with key federal departments and provincial and territorial governments. The established approval process is to obtain deputy minister approval for all departmental input. The lead department will then consolidate the input and the Office of the Minister of Canadian Heritage will contact its counterparts in late November or early December 2015 to seek approval of departmental contributions to the response. Issues that fall within Justice Canada's mandate include the legislative framework for implementing the ICESCR;
non-discrimination protections; sexual harassment as a criminal offence; criminalization of domestic violence; the constitutional protection of the right to strike; and the Assembly of First Nations litigation (child and family welfare services) under the Canadian Human Rights Act. Justice Canada officials will provide you with a copy of the report when it is sent to the Office of the Minister of Canadian Heritage.

Recommended Action

     [Information was severed in accordance with the Access to Information Act. s.21(1)(a), s.21(1)(b)]     

Truth and reconciliation Commission

Issue

This note is to inform you of Canada's response to the Truth and Reconciliation Commission's (TRC) interim report (Annex 1) and provides an update on litigation relating to document disclosure.

Background

On June 2, 2015, the TRC released its interim report, which included 94 recommendations aimed at repairing the relationship between Aboriginal people and governments in Canada as well as the relationship between Aboriginal people and other Canadians. The recommendations are divided into 22 categories and call for changes to policies, programs, and relationships (Annex 1). Many recommendations have implications for the Government of Canada and several relate specifically to the mandate of Justice Canada.

The Government of Canada has not yet provided an official response to the TRC interim report or the recommendations. The final report (six volumes) is expected to be released in December 2015.

Litigation
The Indian Residential School Settlement Agreement obligates Canada to disclose all documents relevant to the mandate of the TRC as well as provide a list of solicitor-client privileged documents where Canada is asserting that privilege. Canada is in the process of completing its document disclosure to the TRC, with Justice Canada working to finalize the solicitor-client privileged list. The TRC has filed a Request for Direction (similar to a Notice of Motion or Application) with the court asking for a determination of whether Canada (specifically, Justice Canada) and certain church entities are in compliance with their document disclosure obligations in the Settlement Agreement and certain other related matters. The Request for Direction is scheduled to be heard in court on November 26 and 27, 2015. Justice Canada and the TRC are meeting to negotiate a mutually agreeable process to complete Canada's document disclosure obligations to the Commission. Negotiations continue to reach an agreement to be presented to the supervising Court.

There is one outstanding matter relating to documents used in the Independent Assessment Process (IAP), the adjudicative hearing process established to compensate victims of abuse at residential schools. In 2013, the TRC sought direction from the court regarding whether the court or Canada has the custody, possession and control of documents submitted in the IAP and whether those documents should be retained or destroyed after the completion of all IAP hearings, giving consideration to the protection of privacy and disclosure for legacy purposes. Numerous parties participated, and the court rendered a decision in August 2014 finding that the IAP documents should be destroyed 15 years after the end of the IAP hearings and that a Notice Plan should be established for IAP claimants to provide consent for retention of their documents for historical purposes. The court's decision is currently under appeal and cross-appeal to the Ontario Court of Appeal by a number of parties, including Canada. The appeal was heard on October 27 and 28, 2015.

Recommended Option

Aboriginal Affairs and Northern Development Canada (AANDC) will be the lead in responding to the TRC's final report. Justice Canada will continue to work with AANDC officials in preparing that response. Justice Canada will also work to ensure that any federal response is based on a strong grasp of the relevant legal considerations associated with each of the various calls to action, and the range of legally viable options that exist for responding to them.

Litigation
In the event that an agreement is unable to be reached with the TRC, a briefing of the litigation risks and communications plan will be required.

Annex

Annex 1: Truth and Reconciliation Commission of Canada: Calls to Action

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