Main Estimates 2020–21

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Financial issues

Main Estimates 2020-21 Overview

• The total 2020-21 proposed Main Estimates for the Department of Justice is $769.0 million versus $744.5M in 2019-20, which represents a net increase of $24.5M.
• The $24.5M increase is mainly explainable by:
  • An increase of $14.8 million for negotiated salary increases and the accompanying Employee Benefit Plan;
  • An increase of $12.0 million in additional contributions for Criminal Legal Aid for the Provinces and the Territories announced in Budget 2016;
  • An increase of $10.6 million to provide legal support and increase awareness to address sexual harassment in the workplace announced in Budget 2018;
  • A decrease of $7.2 million for the sunsetting of the community-based services as well as Family Information Liaison Units for paralleled investments to the Missing and Murdered Indigenous Women and Girls Inquiry;
  • A decrease of $3.8 million for the sunsetting of the funding for temporary measures in support of non-legislative measures to address prostitution and for some temporary funding in support of legislative and non-legislative measures to implement the Canadian Victims Bill of Rights, and,
  • A net decrease of $1.9 million related to other minor adjustments.
• Question: Why did the Contribution from the Victims Fund in the 2020-21 Main Estimates decrease by $10.5 million?
  Answer: Thank you for your question and I’m pleased to inform the Committee that the majority of the fund will be renewed for an additional 3 years to support community-based services as well as Family Information Liaison Units, as announced by our Government in the 2019 Fall Economic Statement.
• Question: Can you explain why there is a surplus in the Contraventions Act Program?
  Answer: As you know, this program is delivered through our provincial and territorial partners, and the Department continues to negotiate with some of those provinces to put in place a final agreement.
• Question: What is included in the “items voted in prior Estimates” amount of $26.6 million in 2019-20 on the first page of the Page Proofs?
  Answer: Thank you for your question, this amount represents budgetary measures included in the 2019 Federal Budget. Following the appropriate approval of implementation plans, these amounts are now reflected in the Department’s Vote 1 and 5 in these Main Estimates as follows:
  • An increase of $17.7 million to Enhance the Integrity of Canada’s Borders and Asylum System: mainly to supplement existing contributions made to provinces to support Immigration and Refugee Legal Aid programs ($51.6 million over a 3-year period);
  • An increase of $5.9 million (including statutory appropriations) to Bring Innovation to Regulations. This funding will allow the Department to strengthen its capacity to draft the legislative and regulatory changes needed for the implementation of the three sectorial Roadmaps - Agri-Food & Aquaculture, Health & Biosciences and Transportation ($20.5 million over 5 years);
  • An increase of $2.0 million to Support Renewed Legal Relationships with Indigenous Peoples (Call to Action 50): to support Indigenous law initiatives across Canada through the Justice Partnership and Innovation Program. This will improve equality for Indigenous Peoples in Canada’s legal system ($10.0 million over 5 years); and
  • An increase of $1.6 million to Give Canadians Better Access to Public Legal Education and Information (PLEI): to help Canadians gain access to the legal education and information they need by supporting PLEI organizations across Canada through the Justice Partnership and Innovation Program ($8.1 million over 5 years).

The 2019-20 Public Accounts of Canada and Departmental Results Report that will be tabled shortly will provide more details about this funding.

Department of Justice and Portfolio Organizations’ 2020-21 Main Estimates

• The Minister of Justice Portfolio is comprised of eight organizations as follows:
  • Department of Justice;
  • Office of the Commissioner for Federal Judicial Affairs;
  • Office of the Director of Public Prosecutions;
  • Courts Administration Service;
  • Administrative Tribunals Support Service of Canada;
  • Offices of the Information and Privacy Commissioners of Canada;
  • Registrar of the Supreme Court of Canada; and,
  • Canadian Human Rights Commission.
• 2020-21 Main Estimates requested for the Justice Portfolio total $1.9 billion. The Department of Justice is the largest organization within the Portfolio, with 40 percent of the overall budget.
• In addition, the Department of Justice receives revenues of $327 million for the provision of legal services to other government departments. The remainder of the portfolio also collects $63.9 million (mostly split between the Office of the Director of Public Prosecutions and the Administrative Tribunals Support Service of Canada), for a total of $390.9 million.
• If you include these revenues, the Justice Portfolio has a total budget of $2.3 billion.

Background:

2020-21 Main Estimates for the Justice Portfolio (in millions)

Department of Justice and Portfolio Organizations	2018-19 Expenditures	2019-20 Main Estimates	2020-21 Main Estimates	Resendable Estimates Authority	Total 2020-21 Main Estimates & Respendable Revenues
Department of Justice	788.8	744.5	769.0	327.0	1,096.0
Office of the Commissioner for Federal Judicial Affairs	595.5	617.7	655.6	0.3	655.9
Office of the Director of Public Prosecutions	196.8	204.2	200.7	22.7	223.4
Counts Administration Service	85.3	92.7	92.9	-	92.9
Administrative Tribunals Support Service of Canada	69.5	63.7	72.7	38.8	111.5
Offices of the Information and Privacy Commissioners of Canada	39.7	44.3	42.7	0.2	42.9
Registrar of the Supreme Court of Canada	37.7	36.9	38.0	-	38.0
Canadian Human Rights Commission	22.7	23.2	32.5	1.8	34.3
Total	1,836.1	1,827.1	1,904.1	390.9	2,294.9

Department of Justice

Raison d’être

Established in 1868, the Department of Justice Canada (the Department) supports the dual roles of the Minister of Justice and the Attorney General of Canada Under the Department of Justice Act, the Minister is the legal advisor to Cabinet and ensures that the administration of public affairs is in accordance with the law The Minister of Justice is responsible for matters connected with the administration of justice that fall within federal jurisdiction and fulfils this responsibility by developing policies, laws, and programs to strengthen the national framework.

Under the Department of Justice Act, the Attorney General of Canada is the chief law officer of the Crown The Attorney General provides legal services to the government and its departments and agencies These services include the provision of legal advice, the conduct of litigation and the drafting of legislation and regulations The Attorney General represents the Crown and not individual departments or agencies Therefore, the Attorney General seeks to protect interests for the whole of government when providing legal advice and conducting litigation.

Additional information can be found in the Organization’s Departmental Plan.

Administrative Tribunals Support Service of Canada

Raison d’être

The Administrative Tribunals Support Service of Canada (ATSSC) is responsible for providing the support services and the facilities that are needed by each of the administrative tribunals it serves to enable them to exercise their powers and perform their duties and functions in accordance with their legislation and rules Additional information can be found in the ATSSC’s Departmental Plan.

The Minister of Justice and Attorney General of Canada is responsible for this organization.

Canadian Human Rights Commission

Raison d’être

The Canadian Human Rights Commission was established in 1977 under Schedule 1 of the Financial Administration Act in accordance with the Canadian Human Rights Act (CHRA) The Commission leads the administration of the CHRA and works with employers to ensure compliance with the Employment Equity Act (EEA) The CHRA prohibits discrimination and the EEA promotes equality in the workplace Under the leadership of the Pay Equity Commissioner and the Accessibility Commissioner, the Commission is also responsible for the administration and enforcement of the Pay Equity Act (PEA ) and the Accessible Canada Act (ACA) These laws apply the principles of equal opportunity and non-discrimination to federal government departments and agencies, Crown corporations, and federally-regulated private sector organizations Finally, the Commission provides the Federal Housing Advocate with administrative services and facilities to support their duties and functions.

The Minister of Justice and Attorney General of Canada is responsible for this organization.

Additional information can be found in the Organization’s Departmental Plan.

Courts Administration Service

Raison d’être

The Courts Administration Service (CAS) was established in 2003 with the coming into force of the Courts Administration Service Act The role of CAS is to provide effective and efficient judicial, registry and corporate services to four superior courts of record the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court of Canada and the Tax Court of Canada The Act enhances judicial independence by placing administrative services at arm’s length from the Government of Canada and enhances accountability for the use of public money.

The Minister of Justice and Attorney General of Canada is responsible for this organization.

Additional information can be found in CAS’ Departmental Plan.

Office of the Commissioner for Federal Judicial Affairs

Raison d’être

The Office of the Commissioner for Federal Judicial Affairs (FJA) provides services to the Canadian judiciary and promotes judicial independence.

The Minister of Justice and Attorney General of Canada is responsible for this organization.

Additional information can be found in FJA’s Departmental Plan.

Offices of the Information and Privacy Commissioners of Canada

Raison d’être

Office of the Privacy Commissioner of Canada

As an Agent of Parliament, the Privacy Commissioner of Canada reports directly to the House of Commons and the Senate. The mandate of the Office of the Privacy Commissioner of Canada (OPC) is to oversee compliance with both the Privacy Act, which covers the personal information-handling practices of federal government institutions, and the Personal Information Protection and Electronics Documents Act, Canada’s federal private sector privacy law, along with some aspects of Canada’s anti-spam law (CASL). The OPC’s mission is to protect and promote the privacy rights of individuals.

Office of the Information Commissioner of Canada

The Information Commissioner of Canada reports directly to the House of Commons and the Senate. The Office of the Information Commissioner of Canada ensures that the rights conferred by the Access to Information Act are respected, which ultimately enhances transparency and accountability across the federal government.

Additional information can be found in the organizations’ Departmental Plans. For administrative purposes, the Minister of Justice is responsible for submitting these organizations’ Departmental Plans and Departmental Results Reports.

Registrar of the Supreme Court of Canada

Raison d’être

Created by an Act of Parliament in 1875, the Supreme Court of Canada is Canada’s final court of appeal. It serves Canadians by deciding legal issues of public importance, thereby contributing to the development of all branches of law applicable within Canada. The independence of the Court, the quality of its work and the esteem in which it is held both in Canada and abroad contribute significantly as foundations for a secure, strong and democratic country founded on the Rule of Law.

The Office of the Registrar of the Supreme Court of Canada (ORSCC) provides all necessary services and support for the Court to process, hear and decide cases. It also serves as the interface between litigants and the Court.

The ORSCC’s core responsibility is the administration of Canada’s final court of appeal.

The Minister of Justice and Attorney General of Canada is responsible for this organization.

Additional information is available in the Departmental Plan.

Office of the Director of Public Prosecutions

Raison d’être

The Office of the Director of Public Prosecutions (ODPP) was created on December 12, 2006, with the coming into force of the Director of Public Prosecutions Act. The ODPP is an independent prosecution service mandated to prosecute offences that are under the jurisdiction of the Attorney General of Canada.

The ODPP has one program under its Departmental Results Framework (DRF), Federal Prosecutions Program, and is mandated to prosecute criminal and regulatory offences under federal law in an independent, impartial and fair manner. This includes:

• Providing legal advice to police, federal investigative agencies and government departments on the criminal law implications of investigations and prosecutions;
• Initiating and conducting federal prosecutions; and
• Intervening in matters that raise questions of public interest that may affect the conduct of prosecutions or related investigations. Additional information on the ODPP can be found in the Public Prosecution Service of Canada’s Departmental Plan.

Provide Legal Support and Awareness to Address Sexual Harassment in the Workplace (Budget 2018) – new funding of $10.58M in 2020-21 ($50.36M over 5 years)

• Budget 2018 announced $50.36 million over five years to address workplace sexual harassment. Main estimates 2020-21 provides funding in the amount of $10.58 million for outreach to, and legal advice for, victims of sexual harassment in the workplace.
• This initiative supports the Budget 2018 priority of addressing sexual harassment in the workplace, as well as the goal of “Eliminating gender-based violence and harassment, and promoting security of the person and access to justice” in Canada’s Gender Results Framework.
• Through this initiative, the Department has funded 33 projects across the country. These projects involve delivering free legal information and advice to persons who have experienced sexual harassment in the workplace, and developing public legal information materials that ensure individuals’ rights to a safe workplace with fair treatment are respected across Canada.
• For example, the Public Legal Information Association of Newfoundland and Labrador will provide legal navigation, support and advice to employees who have experienced sexual harassment. A public legal education and information campaign will also be launched across the province and include plain language legal information on sexual harassment in the workplace.
• The Law Society of Nunavut will deliver trauma-informed workshops in communities across the territory on sexual harassment and gender-based violence, and will make free legal advice and information accessible.
• With the Department’s assistance, Botler AI developed a free web application which lets victims disclose their experiences anonymously to a chat bot and then points them to a range of possible options for recourse, such as legal clinics and other support organizations in urban and rural regions across the country.
• In another project coordinated by the Northumberland Community Legal Centre, 18 legal clinics across Ontario coordinated to provide legal information and advice in small communities and larger centres across Ontario.
• Question: Did the pandemic prevent recipients from completing projects and spending their investments within this fiscal year?
  Answer: The COVID-19 pandemic has forced organizations to delay activities and reorganize project plans. Organizations are using creative alternatives to in-person activities to allow for the continuation of their projects. Savings due to cancellation or postponement of some activities have been offset by expenses to purchase new technologies or hire experts and contractors to adapt to the changes required by COVID-19.
• Question: How does Justice Canada ensure that the services are accessible to all Canadians?
  Answer: Throughout its selection process, the Department ensures that all selected proposals take into account issues such as: accessibility of the services to people in rural and remote communities; availability of resources and services in other languages; GBA+ considerations; and, trauma-informed practices. The Department has also ensured that services and resources were available in all regions of the country and especially to vulnerable populations.

Funding

Background:

In Budget 2018, in the context of its goal of “Eliminating gender-based violence and harassment” the Government of Canada responded to public and stakeholder concerns relating to sexual harassment in the workplace by proposing to invest $50.4 million over five years, starting in 2018-19. In October 2018, at the request of the department, these funds were re-profiled to begin 2019-20.

This funding is being distributed through two existing transfer payment programs at Justice, namely the Legal Aid Program and the Justice Partnership and Innovation Program (JPIP). Funding, in the amount of $25.36 million over five years ($25.00 million in Vote 5; $0.36 million in Vote 1), is dedicated to boosting legal aid funding across the country to support complainants of sexual harassment in the workplace by providing them with legal support. Funding, in the amount of $25.00 million over five years (Vote 5), is dedicated to develop a pan-Canadian outreach program to better inform workers, particularly those most vulnerable, about their rights and how they can access help if they have been harassed in the workplace.

During 2019-20, through a Call for Proposals (CFP) launched in Fall 2018, the Legal Aid Program funded 13 projects with a total investment of over $18.5 million over five fiscal years. Furthermore, JPIP provided funding to a total of 20 projects for a financial investment of $19.7 million over five fiscal years to develop PLEI materials that ensure individuals’ rights to a safe workplace with fair treatment are respected across Canada.

In Spring 2020, JPIP launched a second Call for Proposals (CFP) for projects to develop public legal education and information addressing workplace sexual harassment in two specific employment sectors (service/hospitality and male-dominated sectors). Projects approved under this CFP will be eligible to begin activities starting in 2021-22.

Organizations started offering free legal advice and information to complainants of sexual harassment in the workplace in the fall 2019.

Enhancing the Integrity of Canada’s Borders and Asylum System (Budget 2019) – increase in reference levels of $17.74M in 2020-21 ($51.63M over 3 years)

• Budget 2019 announced an additional $49.6 million over three years for immigration and refugee legal aid, to support the delivery of legal services.
• This additional funding for legal aid will increase the 2020-21 federal contribution to the provinces from $11.5 million to $28.2 million.
• This funding supports access to justice for economically-disadvantaged asylum seekers and a fair and effective asylum system.
• Question: Why are you investing in legal aid for asylum seekers when the borders are closed?
  Answer: The adjudication of asylum claims is a lengthy process. Legal aid is needed to assist in the processing of the many asylum claims from individuals who arrived in Canada prior to the border closure, as well as from those who may have made asylum claims from within Canada, since.
• Question: How are you assessing shifts in legal aid demand?
  Answer: Justice Canada continues to work closely with Immigration, Refugees and Citizenship Canada to monitor the volume of refugee claimants, and with the provinces to assess the impact that volumes are having on demand for legal aid services.

Funding

Background:

Justice received $16.15M in 2019-20 and $16.71M in 2020-21 and 2021-22 for immigration and refugee legal aid (Vote 5 - Annex 1) to support additional higher legal aid caseloads; and $1.03M in 2019-20 and 2020-21 (Vote 1), to address accommodation pressures resulting from an increase in legal services demand; for a total of $51.63M over three years,

In Budget 2019, the Government pledged $1.18B over five years, starting in 2019-20, and $55M per year ongoing to support implementation of the Border Enforcement Strategy, and to process 50,000 asylum claims per year, as well as to facilitate removal of failed asylum claimants in a timely manner.

Resources were announced to strengthen processes at the border; and to accelerate the processing of claims and removals, to ensure the asylum system remains available to those genuinely in need of refugee protection.

In addition, Justice accessed an incremental $26.84M in 2019-20 (Vote 5) to address immigration and refugee legal aid pressures, given the Ontario provincial government’s withdrawal of funding for immigration and refugee legal aid.

Justice also intends to provide another $26.8 million investment to immigration and refugee legal aid in 2020-21. This funding will be accessed through the Supplementary Estimates process. It is in addition to the increased funding provided through Budget 2019, raising 2020 21 national immigration and refugee legal aid funding to approximately $55 million.

Bringing Innovation to Regulations through the Implementation of the three sectorial Roadmaps - Agri-Food and Aquaculture, Health and Biosciences, and transportation (Budget 2019) – new funding of $5.86M in 2020-21 ($20.53M over 5 years)

Agri-food and Aquaculture Roadmap

Link to Government Priorities:

• The main driver for the creation of the Targeted Regulatory Review mechanism stems from recommendations delivered by the six Economic Strategy Tables. The Agri-food and Aquaculture Roadmap specifically drew from recommendations in the Report of Canada’s Economic Strategy Tables: Agri-food to support initiative selection.
• The 2018 Fall Economic Statement reiterated Budget 2018 objectives for departments and agencies to simplify regulations and ensure regulatory efficiency when designing and implementing regulations, while continuing to prioritize health, safety and environmental responsibilities.

Positive Impacts:

• The Agri-Food and Aquaculture Roadmap’s initiatives seek to bring the Government’s regulatory system up to speed with the evolving landscape of the growing agri-food and aquaculture sector and provide benefits to stakeholders from the increased growth potential that comes from globalization.
• It will support global competitiveness, including through harmonization with trading partners, shared setting of standards, accommodate shifts in technology and innovation, and reduced regulatory barriers to trade. This will allow Canadian businesses to seize new opportunities and remain on a continued growth trajectory.
• Initiatives also aim to make the current system more efficient (for example, by reducing approval times), modern (for example, through changes to processes, platforms and tools) and consistent.
• Initiatives can also address industry issues and improve health and safety outcomes. For example, finding efficient methods of dealing with lower risks so that more attention can be paid to higher risks increases the probability of identifying and correcting significant problems early. This is a win-win situation for industry and regulators.

Health and Bioscience Roadmap

Main Objectives:

• The Health and Bioscience Sectoral Review is part of the Government of Canada’s commitment to advancing a regulatory reform agenda with the intent to foster innovation and business investment.
• The review identified 16 Health Canada initiatives aimed at addressing regulatory barriers to economic growth and innovation. Through additional funding for advisory and drafting resources, the Department of Justice is supporting those initiatives some of which have already been delivered, including in the 2019 Budget Implementation Act.

Link to Government Priorities:

• Budget 2019 announced $67.8 million over five years in order to build Justice’s capacity to draft the legislative and regulatory changes needed to support the implementation of three sectorial Roadmaps. Of that sum, $37.3 million was identified for Health Canada to fund legal and legislative services to be provided by Justice.

Positive Impact:

• Modernizing regulatory frameworks and practices contributes to Canadians’ health and wellbeing through a focus on safety, effectiveness and appropriate oversight of the products that Canadians use. It can also contribute to access to new and innovative products and therapies.

Other questions that the Minister might be asked based on current topics, hot issues or media/public interest:

• What has been the impact of the pandemic on the delivery of the Health and Bioscience Sectoral Review?
  Answer / Réponse: As the government turned its focus to protecting the health and safety of Canadians during the first wave of the COVID-19 pandemic, several roadmap initiatives were initially delayed or put on hold, while others were completed. Initiatives that were paused are now resuming as capacity allows.
• Should resources aimed at long-term reform be allocated to more pressing issues related to the pandemic?
  Answer / Réponse : Temporary regulatory flexibilities have been created to manage the pandemic as appropriate, and have been the immediate priority. The main estimates are aimed at longer-term reforms that continue to be desirable and pursued.

Transportation Sector Roadmap

Link to Government Priorities:

• Budget 2018 announced a Regulatory Review to support innovation and encourage economic growth in Canada. Current regulatory practices at Transport Canada will be examined with a view to reduce barriers and bottlenecks to innovation, economic development and investment, while ensuring that the transportation system remains safe and reliable, and that it facilitates the movement of people and goods.
• Justice is supporting the Transportation Sector Regulatory Review Roadmap through advisory and regulatory drafting services, to modernize and improve how Transport Canada delivers its key mandate. The Roadmap is a plan to address regulatory barriers to innovation and investment, while supporting the development of innovative transportation technologies or processes without compromising the safety and security of Canadians and transportation infrastructure.

Positive Impacts:

• For instance, the Regulations Amending the Canadian Aviation Regulations will alleviate administrative and compliance cost burden on the industry, harmonizing its regulatory framework with international best practices, and addressing current and future needs in the aviation sector by introducing greater clarity.

Funding

Background:

Justice will receive $20.53M over five years starting in 2019-20 (Vote 1) (Annex 1), for a number of FTEs ranging between 15.0 and 40.0 annually to assist in providing legislative services to the CFIA (CFIA), Agriculture and Agri-Food Canada (AAFC) and Fisheries and Oceans Canada (DFO), as well as specialized legislative services on the Agri-Food and Aquaculture and the Health and Biosciences Roadmaps.

• Budget 2019 announced $67.8 million over five years (of which $37.3 million over five years is identified for Health Canada (HC) to fund legal and legislative services to be provided by Justice) in order to build Justice’s capacity to draft the legislative and regulatory changes needed to support the implementation of the three sectorial Roadmaps.
• HC and Justice received funding to implement portions of the Agri-Food and Aquaculture Sector Regulatory Review as well as the Health and Biosciences Sector Regulatory Review Roadmaps, as endorsed by Treasury Board in December 2018 and announced in Budget 2019.
• Roadmap proposals will modernize the regulatory frameworks of the targeted departments by making them more agile and responsive to an innovative environment while ultimately ensuring the health and safety of Canadians. Justice Canada will support Health Canada’s efforts, as well as the efforts of the CFIA, AAFC, and DFO.

Targeted Regulatory Reviews

• Budget 2018 announced $11.5 million over a three-year period to support the Government of Canada’s commitment to advancing a regulatory reform agenda, with the intent to foster innovation and business investment.
• Part of this funding was dedicated to targeted regulatory reviews that would explore ways to reduce barriers to innovation, and foster economic development and investment in the Canadian economy.
• Treasury Board Secretariat (TBS) coordinates this exercise for the Government of Canada. The first round of regulatory reviews began in spring 2018 and focused on three sectors with high-growth potential: health and biosciences, transport and infrastructure, and agri-food and aquaculture.
• The results from the three reviews were published online in ‘Roadmaps’ for each of the three sectors

Agri-food and Aquaculture Roadmap

• After the first round of regulatory reviews, AAFC, CFIA, DFO, HC, and the Public Health Agency Canada (PHAC) put forward 33 initiatives, which are set out in the Agri-food and Aquaculture Roadmap.
• These initiatives support innovation and business development in the agri-food and aquaculture sectors, and address certain irritants raised by stakeholders over the years.
• They also uphold the fundamental objectives of Canada’s regulatory system for food safety, public health and a sustainable plant and animal resource base.
• Initiatives are categorized under three themes:
  • Clear, agile, responsive regulations: to create regulations that are clear, easily understood, flexible and responsive to accommodate changes in the Canadian and global business environment.
  • Competitiveness in domestic and international markets: to improve access to domestic and international markets by supporting Canadian competitiveness and trade interests, aligning regulations and reducing duplication in oversight across jurisdictions.
  • Risk-based, efficient, predictable regulatory programs: to make programs and services for the agri-food and aquaculture sector more timely, predictable and risk-based.
• The Roadmap also proposes three novel regulatory approaches, including the development of a regulatory impact hub, the use of new ledger technology to improve trust and reduce risk (Blockchain), and Ethical Business Regulations to promote enhanced information sharing and regulatory compliance.

Background: Health and Bioscience Roadmap

• The Health and Biosciences Sector Regulatory Review Roadmap outlines HC’s plan to address the issues, irritants, and bottlenecks identified by stakeholders that affect innovation and economic growth in the health and biosciences sector.
• The initiatives in this roadmap aim to address issues raised with regard to a variety of products, ranging from cosmetics, natural health products, non-prescription drugs and workplace chemicals, to products that challenge traditional categories, such as software and 3D printers.
• In order to capitalise on the opportunity to review regulatory frameworks in the health and biosciences sector, HC focussed its review on the following frameworks:
  • Canada Consumer Product Safety Act and its regulations
  • Controlled Drugs and Substances Act and its regulations
  • Food and Drugs Act and its
    • Food and Drug Regulations (as they relate to drugs only)
    • Medical Devices Regulations
    • Natural Health Products Regulations
  • Hazardous Materials Information Review Act and its regulations.
• Initiatives are categorized under four themes:
  • Integration: Regulations that respond to increasingly overlapping product categories.
  • Global Systems: A global marketplace increases the need to reduce barriers to trade and collaboration with international partners in setting standards and sharing work.
  • Risk-based Approaches: Shifting from one-size-fits-all approaches to applying a level of regulatory oversight that is flexible and proportionate to risk.
  • Agile Frameworks: Regulatory frameworks that are flexible and less prescriptive to better respond to innovation and emerging risks, and reflect updated science and technology.

• The Roadmap also proposes two novel regulatory approaches, including enabling advanced therapeutic products and re-testing requirements for imported lower risk drugs are duplicative and create administrative burden that outweigh the risk of the products.

Transportation Sector Roadmap

• The Transportation Sector Regulatory Review Roadmap is Transport Canada (TC)’s plan to address regulatory barriers to innovation and investment, while also supporting innovation and novel approaches in the transportation sector.
• Canada’s successful implementation of increased trade in key priority areas, such as agri-food and natural resources, is dependent upon an efficient and modern transportation system. As such, innovation in the transportation sector is essential to ensure that it continues to be efficient, low in greenhouse gas emissions, safe and secure.
• The initiatives in this roadmap are examples of how TC is transforming its regulatory framework, so that it is outcome-based, risk-informed, agile and transparent, while supporting innovation and strengthening safety and security of the transportation system.
• Initiatives are categorized under four themes:
  • A need for more flexibility in the regulatory framework.
  • A need for more coordination among jurisdictions and collaboration with industry.
  • A need for clarity and certainty within the regulatory framework.
  • A need for greater digitization of services.
• Stakeholders identified regulatory issues in the transportation sector that TC is addressing through modernization efforts in the following areas: remotely piloted aircraft systems; marine safety; automated vehicles and connected vehicles and civil aviation; and which the Canadian Transportation Agency is addressing through regulatory modernization.

• The Roadmap also proposes novel regulatory approaches in the following modes and areas of the transportation sector: remotely piloted aircraft systems; automated vehicles and connected vehicles; civil aviation; and transportation of dangerous goods. These novel approaches inform policy and regulatory development, and promote collaboration between TC and industry.

Supporting Renewed Legal relationships with Indigenous Peoples (CTA 50) (Budget 2019) – new funding of $2.00M in 2020-21 ($10.00M over 5 years)

• In the context of the Government of Canada’s commitment to implement the Truth and Reconciliation Commission of Canada’s Calls to Action, Budget 2019 announced funding, in the amount of $10 million over five years starting in 2019-2020, to support renewed legal relationships with Indigenous Peoples through the funding of Indigenous law initiatives across Canada.
• This funding has been made available through the Department’s Justice Partnership and Innovation Program, to improve equality for Indigenous Peoples in Canada’s legal system.
• Funding to support Call to Action 50 will strengthen Indigenous communities through the development, use and application of Indigenous laws and legal traditions leading to higher socio-economic outcomes over the long term.
• Through this $10M investment, 4 pilot projects were supported in fiscal year 2019-20, for a total of $500,000. For example, the Federation of Saskatchewan Indians received funding to coordinate and facilitate an improved understanding of Cree laws by meeting with and interviewing elders and knowledge keepers to gain greater insight and clarity on Indigenous laws, legal traditions, knowledge and processes.
• Justice Canada launched an open Call for Proposals in August 2019, seeking projects that support the revitalization of Indigenous law and legal traditions in all regions of Canada, involving First Nations, Inuit, and Métis. Through this Call for Proposals, the Department expects to support up to 25 projects, representing a total approximate investment of $9.5 million over four fiscal years starting in 2020-2021.
• Question: When will applicants be notified on the status of their application?
  Answer: The Department has received a larger number of applications than expected, and in order to undertake its due diligence, the department is ensuring each proposal is thoroughly reviewed and assessed against funding objectives set out under the Call to Action 50 initiative. Funding decisions will be made available to applicants in the near future.
• Question: Will the pandemic prevent recipients from completing projects and spending their investments within the fiscal year?
  Answer: The Department will work with successful applicants to ensure projects can be modified for safety and integrity while establishing the funding agreements.

Funding

Background:

Justice will receive $10.00M over five years starting in 2019-20 (Vote 5). Funding will flow through contributions under the Justice Partnership and Innovation Program (JPIP).

• Budget 2019 announced funding in the amount of $10.00M over five years starting in 2019-20 for the implementation of the Truth and Reconciliation Commission (TRC) of Canada’s Call to Action 50 (CTA 50) in support of Indigenous law initiatives across Canada, to improve equality for Indigenous Peoples in Canada’s legal system.
• The CTA funding contributes to the Government of Canada’s commitment to advancing reconciliation with Indigenous Peoples and implementing the Truth and Reconciliation Commission’s Calls to Action.
• The funding will support the development, use, and understanding of Indigenous laws and legal traditions and access to justice in accordance with the unique cultures of Indigenous Peoples in Canada. Indigenous law revitalization is an important community-led process that will help ensure strong governance and healthy Indigenous communities into the future. The funding will assist communities and their institutional partners in carrying out this important work and help Indigenous communities meet their current challenges.
• As noted by the TRC, Indigenous laws must go through a process of revitalization to both address the effects of colonialism and ensure that the interests of all women, men and non-binary community members, including those with diverse intersecting factors such as identity, religion, age and mental or physical disability, are considered.
• The TRC also recognized that this process would assist Indigenous communities in articulating their laws and practices in their interactions with federal/provincial/territorial governments and all Canadians including the corporate sector.

Giving Canadians Better Access to Public Legal Education and Information (PLEI) (Budget 2019) – new funding of $1.62M in 2020-21 and ongoing

• Budget 2019 announced an increase of ongoing annual funding of over $1.6 million per year in support of the work of Public Legal Education and Information organizations, to give Canadians better access to public legal education and information across Canada.
• Justice Canada currently provides operational funding for Public Legal Education and Information in the provinces through the Justice Partnership and Innovation Program, and in the territories through the Access to Justice Services in the Territories Agreements.
• This funding supports Canadians in contact with the justice system to obtain access to appropriate services, enabling a fair, timely and accessible justice system. It also builds the capacity of marginalized communities, including Indigenous peoples and new Canadians, to understand the law, their rights and obligations, the Canadian justice system, and how to address legal matters.
• The funding will provide critical program integrity support to provincial and territorial PLEI organizations, to ensure the continued viability of a national network of PLEI providers with the capacity to offer a baseline level of access to legal information resources and programs across Canada.
• Question: What is an example of a PLEI activity?
  Answer: Examples of PLEI include: a booklet explaining how child support is calculated; a toll-free telephone help line that provides family law information; an information session on elder abuse; and a website for youth about the Youth Criminal Justice Act.
• Question: How are the organisations that receive this funding selected?
  Answer: The designation process ensures there is always one organisation from each jurisdiction providing Public Legal Education and Information to its citizens. The designation is reviewed every 5 years by the province to confirm the appropriate organisation to deliver PLEI.

Funding

Background:

Justice will received an additional $1.62M annually starting in 2019-20 (Vote 5). Funding is flowing through grants and contributions under two existing transfer payment programs: Justice Partnership and Innovation Program and Access to Justice Services in the Territories

• Budget 2019 announced funding in the amount of $8.10M over five years starting in 2019-20 and $1.62M per year ongoing thereafter to give Canadians better access to public legal education and information (PLEI) to support the work of PLEI organizations across Canada.
• Funding is provided to provincially designated organizations and territorial governments for the delivery of PLEI resources and programs. The funding provides critical program integrity support to provincial and territorial PLEI organizations to ensure the continued viability of a national network of PLEI providers.
• PLEI is defined as “an activity that seeks in a systematic way to provide people with the opportunity to obtain information about the law and the justice system in a form that is timely and appropriate to their needs, but does not include advocacy or representation on behalf of individuals, nor the provision of legal advice”.
• PLEI materials and activities assist the public in understanding the law, their rights and obligations, the Canadian justice system, and how they might deal with their legal matter.
• Justice Canada currently provides funding for PLEI in the provinces through the Justice Partnership and Innovation Program and in the territories through Access to Justice Services Agreements in the Territories.
• PLEI organizations have been reporting a steady, ongoing increase in the demand for their information and services in the past 30 years. This growth is reflected in increased calls to organizations’ information lines, increased distribution of PLEI materials, as well as increased page views and visits on the organizations’ websites. The increased demand seen by PLEI organizations is the result of a number of factors, including: population growth, the high cost of legal advice and representation and the increased complexity of everyday legal problems.
• The increased funding will provide critical program integrity support to provincial and territorial PLEI organizations to ensure the continued viability of a national network of PLEI providers with the capacity to offer a baseline level of access to law information resources and programs across Canada.

Strengthening Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime (MLAT) (Budget 2019) – new funding of $1.249 in 2020-21

• The main objective of this initiative is to strengthen Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime to enhance Canada’s ability to fight such crimes in Canada and globally. One of the ways in which this objective is achieved is through efforts to update and modernize Canada’s mutual legal assistance and extradition treaties.
• The initiative is in line with the Speech from the Throne which highlighted the Government’s commitment to stand up for human rights and the rule of law, and recognized that Canada’s peace and prosperity depends on creating and maintaining bilateral and multilateral relationships.
• The initiative helps to protect Canadians and Canada’s economy by deterring individuals from using Canada’s financial system to carry out money laundering, terrorist financing, and other criminal acts that generate criminal proceeds. It also contributes to the safety and security of Canadians by strengthening Canada’s ability to fight these serious crimes in Canada and abroad.

If asked about the Cullen Commission of Inquiry in BC into Money Laundering

• The federal government has already announced that it will cooperate with BC and the Commission of Inquiry and it has been doing just that.
• At Justice, we have a team of counsel that has been and will continue to work directly with the Commission of Inquiry as it looks into these issues
• In fact, the Government announced in the Economic and Fiscal Snapshot 2020 funding of $2.2 million for the Department of Justice over two years, starting in 2020-21 in order to support the effective and timely participation of the Government of Canada in the Inquiry.
• Specifically, our counsel are supporting officials in the RCMP, FINTRAC, Finance, CRA, CBSA and other departments to provide relevant information to the Commission.
• Public Hearings began on Monday, October 26, 2020 and our team will be there every day to assist the Commission and federal partners as those hearings continue over the next 7 months – or until the end of May 2021.
• The Ministers of Finance and Public Safety continue the work with provinces and territories as well as with international partners to improve our efforts to investigate and prosecute these crimes.
• Question: How does the negotiation and renegotiation of treaties support the AML/TF initiative?
  Answer: The review and modernization of Canada’s extradition and mutual legal assistance treaties will enhance Canada’s ability to engage in effective, timely international cooperation with its partners in the fight against money laundering and terrorist financing. This approach responds to the growing international nature of these serious crimes and allows Canada to address concerns that were raised during the last evaluation of Canada by the Financial Action Task Force (FATF), on Canada’s effectiveness in international cooperation.
• Question: How does the government determine with which countries to negotiate treaties?
  Answer: This is based on a number of factors, including a determination of which countries would be strategic partners for Canada in increasing and enhancing Canada’s ability to fight money laundering, terrorist financing, and other serious international crimes. In all cases, a key consideration is whether the potential international partner has a criminal justice system defined by the rule of law and one that respects fundamental human rights.

Funding

Funding

(in millions of dollars)	2019-20*	ME** 2020-21	2021-22	2022-23
Grand total	1,219,793	1,249,793	2,556,064	3,445,508

Background:

The Standing Committee on Justice and Human Rights has invited the Minister to appear on the Department’s Main Estimates. The appearance is expected to take place on October 29, 2020 and concerns Strengthening Canada’s Anti-Money Laundering and Anti-Terrorist Financing (AML/ATF ) Regime (Budget 2019).

Canada’s AML/ATF Regime is a comprehensive horizontal program that protects the integrity of Canada’s financial system by deterring individuals from using it to carry out money laundering, terrorist financing, or other criminal activities that generate proceeds of crime. It also contributes to the safety and security of Canadians by providing financial intelligence to detect and disrupt criminal and terrorist activity. The Regime consists of the activities of federal partners, including the Department of Justice, contributing provincial, regional and municipal regulatory and law enforcement bodies, and private sector entities that have obligations under the Proceeds of Crime, Money Laundering and Terrorist Financing Act (PCMLTFA)and its regulations.

[Redacted]

Budget 2019 announced funding of $162.3 million over 5 years and $38.7 million ongoing to strengthen Canada’s AML/ATF Regime. Of this amount, $17,480,177 over five years and $4,961,292 ongoing was earmarked in the fiscal framework for the Department of Justice to negotiate new and updated extradition and MLA agreements. These treaties support Canadian and international investigations and prosecutions into ML and TF and related offences. Canada’s badly outdated extradition treaty network and limited MLA treaty network present challenges to effective international cooperation in criminal matters even with existing treaty partners. Of note, no new bilateral MLA or extradition treaties had been negotiated by Canada since 2003 and many of Canada’s extradition treaties are Imperial treaties which are over a hundred years old and require updating.

The review and modernization of Canada’s extradition and mutual legal assistance treaties to reflect evolving technology and the increasing globalization of crime is expected to enhance Canada’s ability to engage in effective, timely international cooperation with its partners in the fight against money laundering and terrorist financing. This approach responds to the growing international nature of these crimes (e.g., drug trafficking, trafficking in persons, prostitution and fraud) and allows Canada to address the concerns that were raised during the last Financial Action Task Force (FATF) evaluation on Canada’s effectiveness in international cooperation.

In April 2020, a Treaty Negotiation Team, comprised of a Senior General Counsel, General Counsel, counsel, paralegal and administrative assistance, as needed, was created within the International Assistance Group to commence outreach to new and existing partners to advance this initiative.

[Redacted]

Missing and Murdered Indigenous Women and Girls Inquiry – no funding in Main Estimates 2020-21 (sunsetting of 3 initiatives in 2019-20, additional funding will be accessed through supplementary estimates)

• Together with Indigenous community organizations and other partners, Family Information Liaison Units are providing concrete support and assistance for family members of missing and murdered Indigenous women and girls across Canada.
• These units are located in every province and territory, and are working directly with families to help them access the information and services they are seeking from government agencies about the loss of their loved one.
• This initiative supports the Department of Justice’s continued work on a renewed relationship with Indigenous Peoples based on recognition of rights, respect , co-operation and partnership, including supporting building the National Action Plan on Missing and Murdered Indigenous Women and Girls and continuing progress on the Truth and Reconciliation Commission’s Calls for Action.
• In fall of 2019, the Department of Justice committed to extending funding for Family Information Liaison Units for another three years (2020/21 to 2022/23) to ensure these important services continue to be available.
• Question: What future action, if any, will be taken by Justice Canada to implement the findings of the National Inquiry into Missing and Murdered Indigenous Women and Girls and their Final Report, Reclaiming Power and Place?
  Answer: Justice Canada continues to work closely with federal, provincial, territorial and Indigenous partners to support Indigenous victims and survivors of crime and their families. At the same time, work is underway to co-develop a National Action Plan to address violence against Indigenous women, girls, and 2SLGBTQQIA people and to give life to the Report’s Calls for Justice. Justice Canada is committed to working collaboratively to support the implementation of the Justice related elements of that Action Plan once it is complete.
• Question: Will FILU funding be extended beyond March 31, 2023?
  Answer: We know the need for support and answers hasn’t ended. Until the over-representation of missing and murdered indigenous women and girls is no longer an issue, the need for the services of the FILUs continues. Our partners have indicated that the FILUs continue to fill a gap in trauma-informed and culturally-responsive services for family members of missing and murdered Indigenous women and girls, and that this model is one that would be helpful for other communities of Indigenous victims and survivors of crime. We are also looking forward to collaboration in support of actions to implement the National Action Plan currently being co-developed which will provide us with guidance on moving forward.

Funding

Sunsetting initiatives:

1. Response to the Interim Report from the Missing and Murdered Indigenous Women and Girls Inquiry
2. Funding to support culturally-responsive victim services as well as Family Information Liaison Units for families of missing and murdered Indigenous women and girls, and families participating in the Inquiry into Missing and Murdered Indigenous Women and Girls
3. Action Plan to address Family Violence and Violent Crimes Against Aboriginal Women and Girls

Background:

Funding for FILUs (total of $11.7 million over three years) was announced in August 2016 for provincial and territorial governments through the Justice Canada Federal Victims Strategy (Victims Fund) with funding ending March 31, 2019. As part of the response by the Department of Justice to the national inquiry’s interim report in 2018, family information liaison unit operations were renewed for an additional year with funding available extended to March 31,2020. Continued funding for FILUs ($14,010,000 for an additional 3 years) was announced on December 4th, 2019 by Minister Lametti at the AFN Special Chiefs Assembly. Funding for FILUs is now secured until March 31, 2023.

FILUs are a specialized service for family members of missing or murdered Indigenous women and girls across Canada. They were established in response to concerns raised by family members about the ongoing structural and systemic difficulties they experience in accessing information from government agencies about their missing or murdered loved one. .

FILUs are located in every province and territory across Canada and build on existing victim services frameworks. FILUs also draw on the knowledge, experiences, and expertise of family members and Indigenous community organizations, who have informed the design and delivery of FILU services. FILUs work together across the country, with other federal departments, led by Justice Canada, to ensure that family members have access to information from all other jurisdictions and abroad and that FILUs share best practices and knowledge. FILU’s by all accounts help families on their healing journey. They have organized the return of loved ones remains to the community sometimes from across the country and have helped organize releasing ceremonies with the family. They have also helped family members to access ceremonies and other services they’re seeking. Since FILUs have been in operation, they have helped to achieve significant developments and outcomes, including:

• helping family members across Canada access information about their loved one’s murder or disappearance, which up until now, they felt was unavailable to them due to geographic barriers, the historical nature of their loved one’s murder or disappearance, or other barriers to accessing government records;
• providing concrete opportunities for family members to move forward on their healing journey;
• re-connecting siblings and family members who were separated as children;
• providing an opportunity for organizational change as government agencies at all levels and across jurisdictions are learning more about how their actions and inactions have had a significant impact on families through information sharing sessions organized by FILUs; and,
• providing opportunities to build trust by redefining the relationships between family members and police, medical examiners or other government agencies, grounded in recognition, respect, and understanding.

Provincial, territorial and federal partners have noted that FILUs provide them with an opportunity to collaborate with all other governments and community partners to assist families of missing or murdered Indigenous women and girls across Canada. In response, the Department of Justice committed to extending FILU funding until March 2023 to ensure these important services continue to be available.

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