Supplementary Estimates C 2020–21 And Main Estimates 2021–22

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Main Estimates 2021-2022

Main Estimates 2021-22 Overview

• The total proposed 2021-22 Main Estimates for the Department of Justice is $794.5 million, versus $769.0 million in 2020-21 Main Estimates, which represents a net increase of $25.5 million.
• From that increase, $18.3 million is comprised of:
  • An increase of $7.3 million to respond to the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Final Report: Reclaiming Power and Place (horizontal item): to extend the Family Information Liaison Units and Community-Based Services to provide direct support and assistance to families of victims (announced in 2019 Fall Economic Statement) ($22 million over 3 years starting in 2020-21);
  • An increase of $6.7 million to implement new family support enforcement provisions and increase access to family justice services in the official language of one’s choice: for technical systems enhancements to implement the amendments to federal support enforcement legislation (announced in Budget 2017) and for provisions under former Bill C-78 to assist Canadians in obtaining a divorce and related services in the official language of their choice (announced in Budget 2019) ($24.07 million over 5 years starting in 2020-21);
  • An increase of $1.9 million for Strengthening Canada’s Anti-Money Laundering & Anti-Terrorist Financing Regime (MLAT): to allow the Department of Justice to negotiate new and updated extradition and mutual legal assistance (MLA) agreements (announced in Budget 2019) ($17.48 million over 5 years starting in 2019-20 and $4.96 million ongoing);
  • An increase of $1.0 million for Supporting Renewed Legal Relationships with Indigenous Peoples (CTA 50): 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 (announced in Budget 2019) ($10 million over 5 years starting in 2019-20);
  • An increase of $0.8 million for initiatives to address workplace sexual harassment: to provide legal support for complainants of sexual harassment in the workplace and to better inform workers about their rights (announced in Budget 2018) ($50.4 million over 5 years starting in 2019-20); and,
  • An increase of $0.6 million for the implementation of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIP): for the engagement process with Indigenous partners and organizations to co-develop legislation to support implementation of the UNDRIP (announced in 2020 Fall Economic Statement) ($2.8 million over 2 years starting in 2020-21).
• The remaining net increase of $7.2 million can be explained by technical adjustments to reference levels, such as:
  • A net increase in Employee Benefit Plan (EBP) mainly associated with the increase in Vote-Netted Revenue Authority and the annual technical adjustment to the EBP rate as prescribed by the Treasury Board Secretariat;
  • An increase for negotiated salary increases and the accompanying Employee Benefit Plan; and,
  • Other adjustments to reference levels resulting from the funding profiles announced for initiatives already included in prior year appropriations.
• Question: How much is being invested in 2021-22 for initiatives to address workplace sexual harassment?
  • Answer: Justice Canada will invest $11.42 million in 2021-22. The majority of this funding will be distributed through two existing transfer payment programs, the Legal Aid Program and Justice Partnerships and Innovation Program. Approximately half of this funding will boost legal aid funding across the country to support complainants of sexual harassment in the workplace by providing them with legal support. The other half 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. The increase of $0.8 million in 2021-22 when compared to 2020-21 is the result of the realignment of unused funds from 2019-20.
• Question: Why is there a decrease in Criminal Legal Aid funding for 2021-22 when compared to 2020-21?
  • Answer: Justice Canada will invest $142.4 million in 2021-22 to assist provinces and territories in the operation of criminal legal aid. Budget 2016 announced additional funding of $88.0 million over 5 years and $30.0 million ongoing to support the provision of criminal legal aid. This funding is being distributed through the Criminal Legal Aid program and the Access to Justice Services Agreements to the Territories. Of the amount being provided, $2.0 million per year for 5 years (2016-17 to 2020-21) was available to support innovation related to criminal legal aid. The Innovation funding contributed to modernizing legal aid services to maximize their efficiency and effectiveness. This time-limited amount will sunset in 2020-21, which explains the decrease in criminal legal aid funding for 2021-22.

    This decrease is shown in the Main Estimates as follows:

    	2020-21 Main Estimates	2021-22 Main Estimates	Decrease
    Contributions to the provinces to assist in the operation of criminal legal aid	138,727,507	136,827,507	$1.9M
    Contributions for Access to Justice Services to the Territories (being Legal Aid, Indigenous Courtwork and Public Legal Education and Information Services)	5,657,957 of 7,686,593	5,557,957 of 7,586,593	$100K
    Total Legal Aid	144,385,464	142,385,464	$2.0M

• Question: How much is being invested in 2021-22 for initiatives announced in the 2020 Fall Economic Statement?
  • Answer: Main Estimates 2021-22 includes $0.65 million in funding to implement the United Nations Declaration on the Rights of Indigenous Peoples. Funding for all other initiatives announced in the 2020 Fall Economic Statement is pending approval from the Treasury Board and funding will be included in future Estimates processes, for which Parliamentarians will be asked to vote.

Department of Justice and Portfolio Organizations’ 2021-22 Main Estimates

• The Minister of Justice Portfolio is comprised of eight organizations as follow:
  • 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.
• 2021-22 Main Estimates requested for the Justice Portfolio a total of $1.97 billion. The Department of Justice is the largest organization within the Portfolio, with 40 percent of the overall budget.
• 2021-22 Main Estimates show an increase of $68.5 million from 2020-21 Main Estimates, with 77 percent of the increase attributable to the Department of Justice and the Office of the Commissioner for Federal Judicial Affairs (CFJA). The increase for CFJA is mainly due to an increase in statutory appropriations, which represents the increase in salaries and benefits for federal judges.
• In addition, the Department of Justice receives revenues of $366.8 million for the provision of legal services to other government departments. The remainder of the portfolio also collects $64.0 million (mostly split between the Office of the Director of Public Prosecutions and the Administrative Tribunals Support Service of Canada), for a total of $430.8 million.
• If you include these revenues, the Justice Portfolio has a total budget of $2.40 billion.

Page Proofs: Department of Justice and portfolio organizations

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.

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.

Canadian Human Rights Commission

Raison d'être

The Canadian Human Rights Commission was established in 1977 under Schedule I.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.

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.

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 Canadaʼs 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 organizationsʼ 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.

Funding for initiatives to address workplace sexual harassment (Budget 2018) – increase in reference levels of $0.84 million in 2021-22 ($1.79 million realigned over 3 years)

• Budget 2018 announced $50.36 million over five years to address workplace sexual harassment. Main Estimates 2021–22 provides funding in the amount of $11.42 million for outreach to, and legal advice for, victims of sexual harassment in the workplace. This amount includes some of the funding that was unspent from 2019–20 and realigned to future years.
• 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 34 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 help support individuals’ rights to a safe, harassment-free workplace.
• For example, the Public Legal Information Association of Newfoundland and Labrador provides legal navigation, support and advice to employees who have experienced sexual harassment. The organization is also developing plain language legal information on the issue and creating materials for employers on best practices for workplace sexual harassment policies and procedures.
• To give another example, in addition to providing legal advice to complainants of workplace sexual harassment and public legal education and information, the Legal Information Society of Nova Scotia has been developing a mobile app. The app is a discreet platform that will provide another way for victims to access resources, community support services and legal information. It will also include a reporting option.
• Question: Why were some funds unspent by organizations in 2019–20 and realigned to future years?
  • Answer: In light of the October 2019 election, the review and approval process for project proposals was delayed. As a result, funding agreements were implemented with a later starting date and a lower budget than originally anticipated in fiscal year 2019–20. To mitigate the impact of the delay, organizations were able to reallocate a portion of their budgets to subsequent years to ensure that all approved activities could be completed and their planned outcomes achieved. The COVID-19 pandemic also forced many organizations to cancel or postpone their project activities due to social distancing measures and travel restrictions imposed by public health authorities, which also affected spending.
• Question: Has the pandemic prevented recipients from completing projects and spending their investments?
  • Answer: Although the COVID-19 pandemic has forced organizations to delay activities and reorganize project plans, organizations are using creative alternatives to in-person activities to continue their projects. The funds resulting from cancellation or adjustment of some project activities have been reallocated to new expenses related to the purchase of new technologies or hiring experts and consultants to adapt to the changes required by COVID-19. The Department will continue to work with recipients to help ensure they are able to fulfil their obligations and achieve their outcomes.

Funding

Background:

Justice will receive funding of $0.84 million in 2021-22 and $1.79 million over 3 years (2021-22 to 2023-24) (Vote 5), for the realignment of funding lapsed in 2019-20 for initiatives to address workplace sexual harassment.

Existing funding

• 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 realigned to begin in 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 starting in 2019-20 ($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 starting in 2019-20 (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 14 projects with a total investment of over $20.2 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 (Public Legal Education and Information) materials that ensure individuals’ rights to a safe workplace with fair treatment are respected across Canada.
• In Spring 2020, JPIP (Justice Partnership and Innovation Program) launched a second 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 Fall 2019.

Realignment of funds

• To ensure due diligence, applications received under the CFP were reviewed and assessed by both an internal review committee, and an external review committee composed of subject matter experts. The review and approval process was longer than anticipated and this, coupled with the election in 2019, meant that many funding agreements were implemented with a project start date in late Fall 2019. With the later project start times, project budgets for 2019-20 were lower than originally anticipated and organizations adjusted their project plans. Many organizations de-committed funds from their budgets in 2019-20 as they were unable to complete all planned activities.
• The COVID-19 pandemic has also had an impact on project timing. It arrived at the time when the majority of funded projects had just completed the development stage of their projects and were switching to focus on the delivery of training, information sessions, and legal advice to clients. To comply with social distancing measures imposed by public health authorities and travel restrictions, many organizations cancelled or postponed these activities. This resulted in some additional underspending in fiscal year 2019-20. Organizations are now having to consider alternative and creative solutions to in-person activities to allow for the continuation of their projects, and in some instances this involves increased costs due to having to undertake virtual project delivery (for example, purchasing new technology or hiring/contracting experts). It also has meant that organizations have needed to do additional planning/development and are shifting the timeline for the delivery of activities.
• The realignment means that funds are available for these organizations while they adjust their project activities in a financially responsible manner to meet requirements as set in their funding agreements.
• The realignment under the two programs was approved by the Department of Finance in Fall 2020.

Funding to implement new family support enforcement provisions and increase access to family justice services in the official language of one’s choice (Budgets 2017 and 2019) – increase of $6.68 million in 2021-22 ($23.96 million over 5 years starting in 2020-21)

• The Government is providing an additional $23.96 million over five years to implement amendments to the Divorce Act, which came into force on March 1, 2021.
• This includes $21.65 million over five years (2020/21 – 2024/25), announced in Budget 2019, to support the provinces and territories with the implementation of the language rights provision that will assist Canadians in obtaining a divorce in the official language of their choice.
• It also includes $2.32 million over five years (2020/21 – 2024/25), announced in Budget 2017, for technical systems enhancements to implement the amendments to federal support enforcement legislation which will improve the enforcement of family support orders.
• In their own way, each initiative will help to improve access to the family justice system; one for official language minority communities and the other for expanding family obligations enforcement-related services.
• Question: How specifically will provinces and territories use the funding for the implementation of the language rights provision in the Divorce Act?
  • Answer: The funds will be used by provinces and territories to improve the capacity of the courts to provide services in both official languages. For example, this could include the provision of interpretation services and the translation of court forms and documents. Funding will also improve the capacity to provide family justice programs and services in both official languages. This could include information materials, workshops and mediation.
• Question: How will the amendments to FOAEAA improve the enforcement of family support orders?
  • Answer: The technical system enhancements will address the key amendments to Family Orders and Agreements Enforcement Assistance Act by:
    • expanding federal trace and locate services under the Act by releasing additional information, including income information to more provincial and territorial entities to help establish, vary and enforce support obligations;
    • expanding garnishment of federal moneys under the Act to satisfy additional family law expenses; and,
    • creating greater operational efficiencies under the Act.

Funding

Background:

Vote 1

Justice will receive funding of $0.86 million in 2021-22 and $2.34 million over 4 years (2020-21 to 2023-24) (Vote 1) for technical systems enhancements to implement the amendments to federal support enforcement legislation (Family Orders and Agreements Enforcement Assistance Act (FOAEAA) and the Garnishment, Attachment and Pension Diversion Act (GAPDA)) that will improve the enforcement of family support.

• This funding was announced in Budget 2017.
• This funding was accessed through 2020-21 Supplementary Estimates C.
• The funding was earmarked and remained in the Fiscal Framework pending the Royal Assent of the Bill.
• The technical enhancements required to FOAEAA information technology system are to implement amendments to federal support enforcement legislation included in Bill C-78 that will improve the enforcement of family support. The key amendments to the FOAEAA that require systems changes include
  1. expanding federal trace and locate services by releasing additional information to help more provincial/territorial entities establish, vary and enforce support obligations;
  2. expanding garnishment of federal moneys to satisfy additional family law expenses; and
  3. creating greater operational efficiencies.
• On June 21, 2019, former Bill C-78 : An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act (FOAEAA) and the Garnishment, Attachment and Pension Diversion Act (GAPDA) and to make consequential amendments to another Act received Royal Assent. This new legislation has four key objectives:
  1. promoting children’s best interests;
  2. addressing family violence;
  3. helping to reduce poverty; and
  4. making Canada’s family justice system more accessible and efficient.
• The enforcement of family support falls primarily within Provincial-Territorial (PT) jurisdiction. Federal legislation, such FOAEAA and GAPDA, assist PTs by providing them with certain enforcement-related services. These enforcement-related services have been in place since the 1980s and are administered by the Department of Justice.
• FOAEAA Part I provides for the search of federal information banks to help locate support payors and others in breach of a family obligation; Part II allows for the garnishment of federal moneys (such as income tax refunds) to satisfy support obligations; and Part III permits for the denial or suspension of federal licences, including the Canadian passport, of support payors who are in persistent arrears of their support obligations.
• GAPDA Part I provides for the garnishment of federal employees’ wages and contractor payments, and those paid by parliamentary entities, to satisfy civil debts, including support. Part II provides for the diversion of federal pension benefits to satisfy support obligations.
• The systems changes will improve federal enforcement services. The new information that is released under FOAEAA will help people, through a court application process, obtain income information that is needed to make a support order or to change a support order. These changes will ensure money flows in a timely manner to benefit families and children.

Vote 5

Justice will receive funding of $21.625 million over 5 years, including $0.50 million in 2020/21 (Vote 5) for provisions under former Bill C-78 to assist Canadians in obtaining a divorce in the official language of their choice.

• This funding was announced in Budget 2019.
• This funding was accessed through 2020-21 Supplementary Estimates C.
• This funding will be delivered through two existing transfer payment programs, the Canadian Family Justice Fund and the Access to Justice in Both Official Languages Support Fund. Given their mandates, as well as their long-standing networks and relationships with PTs and official languages minority communities (OLMCs), these programs provide a strong platform for project implementation. Delivering activities through these well-established programs will minimize the need for additional overhead expenses.
• This funding will be used to increase the bilingual capacity of the family justice system through the development of applied language training programs to support the provinces and territories in translating their court forms and documents, and to expand family justice services in both official languages.
• This funding will supplement the existing resources under the Canadian Family Justice Fund:
  1. to provide enhanced support to PTs for the implementation of the language provision as it relates to the delivery of family justice services in both official languages and under the Access to Justice in Both Official Languages Support Fund; and
  2. to undertake activities including training to judicial professionals to increase capacity within the court room to proceed in either official language, training to other family justice system stakeholders, as well as the translation of documents.
• Because of the asymmetric landscape of current language rights in PTs, and given the operational impact the new legislation has on the administration of justice, not all PTs will be ready to implement the provisions at the same time. Therefore, the official language provision of the new Divorce Act will come into force province by province by order in council (OIC). The OIC will be signed only once a jurisdiction has signalled it is ready to fully implement the provision.

Funding to implement the United Nations Declaration on the Rights of Indigenous Peoples (horizontal item) – increase of $0.65 million in 2021-22 ($2.61 million over 2 years starting in 2020-21)

• Implementing the UN Declaration was identified as a priority in both the 2019 Speech from the Throne and in my mandate letter. It was reiterated again in the 2020 Speech from the Throne and, following introduction of Bill C-15, the addendum to my mandate letter was updated to direct him to work with the support of the Minister of Crown-Indigenous Relations to move the bill to Royal Assent.
• On December 3, 2020, the our government introduced Bill C-15 – United Nations Declaration on the Rights of Indigenous Peoples Act and we continue to collaborate with Indigenous peoples on implementing the Declaration. If passed by Parliament, Bill C-15 would create a framework to advance the federal implementation of the Declaration in collaboration with Indigenous peoples through the alignment of federal laws over time; through the development and implementation of an action plan; and through annual reporting on progress.
• Implementing the Declaration is a significant step forward on the shared path of reconciliation, and responds to the Truth and Reconciliation Commission’s Call to Action 43, and the National Inquiry into Missing and Murdered Indigenous Women and Girls Calls for Justice.
• Question: Why is implementing the Declaration in Canada important? Why now?
  • Answer: As a country, we must continue to make progress on our reconciliation journey, a journey rooted in the affirmation of rights, respect, cooperation and partnership. The Declarations provide us, to quote the Truth and Reconciliation Commission, “the necessary principles, norms and standards for reconciliation to flourish in twenty-first century Canada.”
    Everyone benefits when we all have access to basic human needs, safety and equal treatment. We all benefit when we respect and promote the rights of Indigenous elders, youth, persons with disabilities, women, men, LGBTQ, gender-diverse and two-spirit people, and ensure full protection against violence, systemic racism and discrimination; when Indigenous peoples have equal access to opportunities and services; and when Indigenous peoples and businesses are full partners in growing diverse, prosperous and sustainable economies.
    Working together to achieve the Declaration’s objectives will help us build a brighter future and a better Canada for current and future generations.
• Question: Would Bill C-15 or implementing the Declaration help address racism? Would it help with COVID recovery?
  • Answer: Yes, I believe implementing Bill C-15 can play a significant role in combating racism and discrimination – precisely because it focuses us on taking action and doing the hard work together needed to address these issues on the ground. The COVID-19 pandemic has exacerbated the ongoing health, food security, housing, economic, governance, policing and other vulnerabilities that continue to impact Indigenous communities. Post-COVID economic recovery needs to include Indigenous peoples as full partners in economic recovery and growth.
    Bill C-15 could help structure and guide dialogue around combatting the inequality and discrimination against Indigenous peoples that lies at the root of many of these vulnerabilities, as well as around supporting self-determination and the re-building of Indigenous nations and communities and their sustainable development over the longer term.
    Once passed, the legislation would require the Government of Canada to work in consultation and cooperation with Indigenous peoples, to identify what additional measures may be needed to address injustices, combat prejudice and eliminate all forms of violence and discrimination against Indigenous peoples, including elders, youth, children, persons with disabilities, women, men and gender-diverse, and two-spirit persons.

Funding

Background:

On May 10, 2016, the Minister of Indigenous and Northern Affairs announced that Canada is now a full supporter of the UN Declaration, without qualification, and that Canada will adopt and implement it in accordance with the Canadian constitution. Both the Truth and Reconciliation Commission of Canada (TRC) and the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) have called on all levels of government to adopt the UN Declaration as a framework for reconciliation (Calls to Action 43, 44, 46; Call for Justice 1.2v) including through a national action plan, strategies, and other concrete measures.

The 2019 Speech from the Throne included a commitment to introduce legislation for the implementation of the UN Declaration in the first year of the government’s mandate. The Minister of Justice was mandated, with the support of the Minister of Crown-Indigenous Relations, with fulfilling this commitment. The commitment to introduce legislation in 2020 was renewed in the September 2020 Speech from the Throne.

Justice has received funding of $1.97 million in 2020-21 and will receive $0.65 million in 2021-22 (Vote 1), to support the Department’s work to develop legislation on the UN Declaration on the Rights of Indigenous Peoples.

Announced in the 2020 Fall Economic Statement, this funding is part of a horizontal initiative involving the Minister of Crown-Indigenous Relations. Crown-Indigenous Relations. Crown-Indigenous Relations and Northern Affairs Canada will receive $5.9 million over two years starting in 2020-21 in support of fulfilling the mandate commitment to introduce and pass legislation to implement the Declaration, and to conduct engagement in support of the development and implementation of the legislation.

On December 3, 2020, the Minister of Justice and Attorney General of Canada introduced Bill C-15 – United Nations Declaration on the Rights of Indigenous Peoples Act and continues to collaborate with Indigenous peoples on implementing the Declaration. If passed by Parliament, Bill C-15 would create a framework to advance the federal implementation of the Declaration in collaboration with Indigenous peoples through the alignment of federal laws over time; the development and implementation of an action plan; and through annual reporting on progress.

The Government of Canada developed the proposed legislation through engagement with representatives of National Indigenous Organizations, modern treaty partners and self-governing nations, rights-holders, Indigenous youth, Indigenous women, gender-diverse and two-spirit people, regional and other Indigenous organizations. Discussions were also held with provincial and territorial governments and industry stakeholders.

The key objective is to create a legislated framework that would help advance self-determination, self-government, inclusion, economic participation, and equality for Indigenous peoples through the collaborative development of an action plan and the alignment of federal laws with the UN Declaration over time. This initiative is the first step. Following royal assent, the bill would require the development of an action plan, and measures to align federal laws with the Declaration in consultation and cooperation with Indigenous peoples.

Funding to respond to the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Final Report Reclaiming Power and Place (horizontal item) – increase of $7.3 million in 2021-22 ($21.9 million over 3 years starting in 2020-21)

• In the 2019 Fall Economic Statement, the Government committed to extending Family Information Liaison Units (FILUs) funding for another three years (2020/21 to 2022/23) to ensure the important services provided by FILUS and community-based organisations continue to be available.
• Together with Indigenous community organizations and other partners, FILUs are providing concrete support and assistance for family members of missing and murdered Indigenous women and girls across Canada.
• FILUs 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.
• The FILU initiative supports my mandate letter commitment to continue work on a renewed relationship with Indigenous Peoples based on recognition of rights, respect, co-operation and partnership, including supporting the recommendations of the National Action Plan on Missing and Murdered Indigenous Women and Girls and continuing progress on the Truth and Reconciliation Commission’s Calls to Action.
• Question: What future action, if any, will you take 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: My department 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 disproportionate victimization 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

Background:

On December 8, 2015, the Government of Canada under Prime Minister Justin Trudeau announced the launch of the National Inquiry into Missing and Murdered Indigenous Women and Girls (National Inquiry) to seek recommendations to address and prevent violence against Indigenous women and girls.

Funding for Family Information Liaison Units (total of $11.7 million over three years) was announced in August 2016 for provincial and territorial governments through the Justice Canada’s existing Federal Victims Strategy (Victims Fund) with funding ending March 31, 2019.

As part of the Government response 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 presented in the 2019 Fall Economic Statement and 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. FILUs 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 are 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 Government committed to extending FILU funding until March 2023 to ensure these important services continue to be available.

• This funding follows the sunsetting of the following initiatives in 2019-20:
  • Response to the Interim Report from the Missing and Murdered Indigenous Women and Girls Inquiry;
  • 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; and,
  • Funding for the Action Plan to address Family Violence and Violent Crimes Against Aboriginal Women and Girls.

Gender-Based Analysis Plus:

• As the National Inquiry’s Final Report outlines, Indigenous women, girls, LGBTQ2 (Lesbian, Gay, Bisexual, Transgender, Queer, Two-Spirit) people experience discrimination and vulnerabilities at a significantly higher rate than non-Indigenous women in Canada due to a history of colonialism, which also leads to them experiencing high rates of violence and homicide.
• The Final Report also highlights financial stability as an important theme to preventing violence; economic insecurity can lead to Indigenous women being at a greater vulnerability of violence. Individuals who are low-income are not only more vulnerable to abuse, due to being economically dependent on others, but experiencing violence or abuse often has a negative impact on their financial and employment situation.
• The initiative aligns with various GBA+ initiatives undertaken nationally and internationally. This initiative supports the Prime Ministers’ commitment to the co-development of a National Action Plan by June 2020. It also supports efforts to advance reconciliation with Indigenous peoples, in part by addressing the Truth and Reconciliation Commission’s Call to Action 41:”We call upon the federal government, in consultation with Aboriginal organizations, to appoint a public inquiry into the causes of, and remedies for, the disproportionate victimization […] of Aboriginal women and girls. The National Inquiry’s mandate would include: investigation into missing and murdered Aboriginal women and girls.”

Strengthening Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime (MLAT) (Budget 2019) – increase to reference levels of $1.88 million in 2021-22

• 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. This funding was accessed through 2020-21 Supplementary Estimates (C).
• 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

Background:

Justice will receive $3.50 million in 2021-22 (Vote 1) to strengthen Canada’s Anti-Money Laundering/Anti-Terrorist Funding (AML/ATF) Regime, an increase in reference levels of $1.88 million when compared to 2020-21. This funding was accessed through 2019-20 Supplementary Estimates (B).

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 initiative is led by the Department of Finance, and involves a number of federal partners. These include the Department of Public Safety and Emergency Preparedness, the Department of Justice Canada, the Canada Border Services Agency, the Financial Transactions and Reports Analysis Centre of Canada and Statistics Canada. Also involved in the program are 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.

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.

Supporting Renewed Legal relationships with Indigenous Peoples (CTA 50) (Budget 2019) – increase to reference levels of $1.00 million in 2021-22

• 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.
• Main Estimates 2021-22 provides funding in the amount of $3 million through my Department’s Justice Partnership and Innovation Program, to improve equality for Indigenous Peoples in Canada’s legal system.
• This initiative will strengthen Indigenous communities through the development, use and application of Indigenous laws and legal traditions.
• In August 2019, Justice Canada launched a Call for Proposals seeking projects that support the revitalization of Indigenous law and legal traditions in all regions of Canada, involving First Nations, Inuit, and Métis peoples. Through this Call for Proposals, the Department funded 16 projects, representing a total approximate investment of $7,061,278 over four fiscal years starting in 2020-2021. Further projects are under review.
• One project that has been approved involves the Nuu-chah-nulth Tribal Council, which will work with elders, traditional leadership, and knowledge holders to re-invigorate traditional fisheries laws into a modern format. This format would convey the community’s vision for the management of fisheries, to support the development of an Indigenous law rationale for the creation of protected and conserved Salmon Parks in some Nuu-chah-nulth Nations.
• Another example is the Conseil de la nation Atikamekw, which will revitalize, develop and implement Atikamekw law on child and family services in accordance with the Act respecting First Nations, Inuit and Métis children, youth and families.
• Question: What review process was used to provide funding to selected organizations?
  • Answer:The review of proposals received in response to this initiative incorporated a regional and distinctions-based approach that was attentive to geographical coverage and ensuring representation of First Nations, Inuit, and Métis peoples in the activities supported by the Department. Funded projects are those that demonstrated the strongest potential to support the implementation of Call to Action 50 of the Truth and Reconciliation Commission of Canada. Overall, projects selected will ensure that this investment has a diverse reach, both in terms of geographic reach and target population.
• Question: What is the impact of the $1 million increase in fiscal year 2021-22?
  • Answer: Through the August 2019 Call for Proposals, the Department has funded 16 projects to date, representing an investment of $7,061,278 over four fiscal years starting in 2020-2021. The first year usually represents the planning/development phase of the project and is less costly. With increased funding in fiscal year 2021-22, organizations will be able to implement and deliver complex project activities having more financial flexibility.
• Question: Will the pandemic prevent recipients from completing projects and spending their investments within the fiscal year?
  • Answer: The review process and approval were done during the pandemic. Approved organizations were given an opportunity to revise and align their project activities, taking into consideration the current context and restrictions imposed by public health authorities. Departmental officials worked with funded organizations to ensure that revised activities met the funding objectives and anticipated outcomes as outlined in the submitted proposal. The Department will continue to work closely with recipients to help to ensure they fulfil their obligations and are able to achieve their outcomes.

Funding

Background:

Justice will receive $3.00 million in 2021-22 (Vote 5) 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, an increase in reference levels of $1 million when compared to 2020-21.

• Budget 2019 announced funding in the amount of $10 million over five years starting in 2019-20.
• Funding will flow through contributions under the existing transfer payment program, Justice Partnership and Innovation Program.
• Funding was accessed through the 2019-20 Budget Implementation Vote.
• The CTA (Call to Action) 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 address 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.

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