3. Major Items for Justice Canada
Funding for Immigration and Refugee Legal Aid (Budget 2022) – One-Time Increase of $43.5 million in 2022-23
- Budget 2022 announced an investment of $43.5 million for 2022-23, to support the delivery of immigration and refugee legal aid services.
- This is built on previous investments, and increased funds available for immigration and refugee legal aid to $55 million for 2022-23.
- This funding supports access to justice for economically disadvantaged asylum seekers and individuals involved in certain immigration proceedings by ensuring ongoing access to immigration and refugee legal aid in the provinces where services are available, throughout 2022-23.
- Question: What is Justice’s long-term strategy to improve access to justice for refugees?
- Answer: Justice continues to consult with immigration and refugee legal aid stakeholders including provinces and legal aid service providers to explore options for future program design that would support the long-term sustainability of the federal Legal Aid Program, ensure effective and efficient legal aid service delivery, and ongoing access to legal aid services for refugees and people who have immigrated.
- 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 and legal aid service providers to assess the impact that volumes are having on demand for legal aid services.
Funding:
| (in millions of dollars) | 2022-23 | 2023-24 | 2024-25 | 2025-26 | 2026-27 | Ongoing |
|---|---|---|---|---|---|---|
| New Funding (increase) | ||||||
| Operating (Vote 1) | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| Grants & Contributions (Vote 5) | 43.50 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| Total New Funding | 43.50 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| Existing Funding | ||||||
| Operating (Vote 1) | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| Grants & Contributions (Vote 5) | 11.50 | 11.50 | 11.50 | 11.50 | 11.50 | 11.50 |
| Total Existing Funding | 11.50 | 11.50 | 11.50 | 11.50 | 11.50 | 11.50 |
| Grand total | 55.00 | 11.50 | 11.50 | 11.50 | 11.50 | 11.50 |
Background:
- Provinces and territories are responsible for the delivery of legal aid services, including the type and scope of services provided. Currently seven provinces (British Columbia, Alberta, Manitoba, Ontario, Quebec, Newfoundland and Labrador, and Nova Scotia) provide immigration and refugee legal aid services.
- Immigration and refugee legal aid supports fair, effective and efficient decision-making on asylum and certain immigration claims by helping individuals present the relevant facts of their case in a clear and intelligible manner. Individuals who obtain legal aid for asylum and immigration proceedings must meet stringent income and merit eligibility guidelines, which consider such factors as the credibility of the applicant and the likelihood of success of the claim. They face a rigorous federal assessment process requiring the production of multiple detailed documents. Legal aid personnel help clients who often have limited knowledge of English or French, who are unlikely to understand complex legal proceedings, and also help them to select legally-relevant facts to present to adjudicators; assist with document translation; and represent clients at hearings, which can be adversarial in nature.
- Justice continues to examine the long-term sustainability of a federal immigration and refugee legal aid program. Consultations with provinces and legal aid service providers to explore future program delivery options are ongoing.
- Through Supplementary Estimates (B), Justice will receive one-time funding of $43.5 million in 2022-23 (Vote 5), similar to one-time funding received in 2019-20, 2020-21, and 2021-22, to maintain annual funding at $55 million and help ensure that the seven provinces that provide immigration and refugee legal aid have the capacity to maintain historic service delivery levels throughout 2022-23.
- This funding was announced in Budget 2022.
- This funding will be delivered through an existing transfer payment program, the Immigration and Refugee Legal Aid component of the Legal Aid Program.
- Funding History: Since 2015-16, when federal funding was at $12 million, immigration and refugee legal aid funding has increased each year in an effort to address increased demand.
- Budget 2017 renewed the status quo funding level (since 2002) of $11.5 million annually, on an ongoing basis, and provided an additional $2.7 million annually for fiscal years 2017-18 and 2018-19 to address pressures.
- Budget 2018 provided an additional $12.8 million for one year, increasing 2018-19 funding to almost $27 million nationally.
- Budget 2019 provided three more years of additional funding, increasing 2019-20 funding to $27.6 million, and 2020-21 and 2021-22 funding to $28.2 million each year.
- In 2019-20, following the withdrawal of provincial funding in Ontario, the Prime Minister announced an additional investment of $26.8 million so that Ontario could resume all of its immigration and refugee legal aid services, and to ensure the other provinces experiencing pressures had adequate funding to maintain services throughout the fiscal year. The $26.8 million in additional funding was received through Supplementary Estimates (B) 2019-20.
- The Economic and Fiscal Snapshot 2020, once again, made a further one-year federal investment of $26.8 million available to ensure that immigration and refugee legal aid services could be maintained throughout 2020-21. This investment would have increased annual immigration and refugee legal aid funding to $55 million. However, due to measures put in place to respond to the COVID-19 pandemic including border closures and hearing suspensions, legal aid expenditure forecasts were reduced. Accordingly, to cover 100 percent of anticipated expenditures, through the Supplementary Estimates process, Justice only accessed $20.3 million of the $26.8 million available, which increased 2020-21 funding to $48.5 million.
- Budget 2021 provided an additional $26.8 million in 2021-22 (Vote 5), to help ensure that the seven provinces that provide immigration and refugee legal aid had the capacity to maintain historic service delivery levels throughout 2021-22.
Funding to Support New and Expand Existing Court-Supervised Addictions Treatment Programs Provided by Drug Treatment Courts across Canada (Budget 2021) (Horizontal Item) –
Increase of $3.5 million in 2022-23 and $7.0 million ongoing
What are the three key messages for the Minister:
- This $3.5 million increase in funding in 2022-23 and $7.0 million ongoing to the Drug Treatment Court Funding Program (DTCFP) will support the operation and expansion of existing Drug Treatment Courts (DTCs) as well as the establishment of new sites.
- The funding supports two priorities identified in the 2020 Speech from the Throne: (1) addressing the opioid crisis and (2) addressing systemic racism in the criminal justice system. These priorities were reiterated in my mandate and supplementary mandate letters.
- The funding contributes to reduced recidivism rates by supporting offenders in addressing their cycle of addiction and criminal behaviour, with a particular focus on offenders from marginalized and vulnerable populations. It also contributes to addressing Canada’s opioid overdose crisis by making available treatment as an alternative to incarceration for non-violent offenders suffering from substance use disorder.
- Question: Are federally funded Drug Treatment Courts effective at reducing criminal recidivism?
- Answer: Drug Treatment Courts are an innovative and effective approach to helping offenders address their cycle of addiction and criminal behaviour. A Recidivism Study of the federally funded DTCs undertaken on behalf of the Department in 2022 revealed that participants in a Drug Treatment Court had a 36% lower likelihood of receiving new criminal charges at any point after 365 days from their DTC start date, relative to the non-participants comparison group from the beginning of their community supervision period.
- Question: How does this new funding contribute to addressing the overrepresentation of offenders from marginalized and vulnerable populations in the criminal justice system?
- Answer: The new funding allows jurisdictions to expand the range of culturally safe and responsive programming made available through DTCs, to better support offenders from marginalized and vulnerable populations. Evidence shows that such programming helps reduce recidivism and, therefore, the over-representation of individuals from these communities in the criminal justice system.
Funding:
| (in millions of dollars) | 2022-23 | 2023-24 | 2024-25 | 2025-26 | 2026-27 | Ongoing |
|---|---|---|---|---|---|---|
| New Funding (increase) | ||||||
| Operating (Vote 1) | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| Grants & Contributions (Vote 5) | 3.50 | 7.00 | 7.00 | 7.00 | 7.00 | 7.00 |
| Total New Funding | 3.50 | 7.00 | 7.00 | 7.00 | 7.00 | 7.00 |
| Existing Funding | ||||||
| Operating (Vote 1) | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| Grants & Contributions (Vote 5) | 3.75 | 3.63 | 3.63 | 3.63 | 3.63 | 3.63 |
| Total Existing Funding | 3.75 | 3.63 | 3.63 | 3.63 | 3.63 | 3.63 |
| Grand Total | 7.25 | 10.63 | 10.63 | 10.63 | 10.63 | 10.63 |
Background:
Drug Treatment Courts (DTCs) offer non-violent offenders with problematic substance use the opportunity to complete a court monitored drug treatment program as an alternative to incarceration. DTCs take a comprehensive approach intended to reduce the number of crimes committed to support drug dependency through judicial supervision, comprehensive substance abuse treatment, random and frequent drug testing, incentives and sanctions, clinical case management, and social services support. This approach supports offenders in addressing their cycle of problematic substance use and criminal behaviour and has been successful as a means of reducing criminal recidivism.
The Evaluation of the Drug Treatment Court Funding Program conducted in 2021 and the Recidivism Study completed in 2022 highlighted the relevance and efficacy of the DTCFP. The evaluation noted that DTC programming is highly individualized and offers tailored content based on participants’ needs and identity factors. The evaluation noted the benefits from the program, even for the participants who did not graduate, and the program’s positive impacts on recidivism.
The Recidivism Study completed in 2022 revealed that DTC participants had a 36% lower likelihood of receiving new criminal charges at any point after 365 days from their DTC start date relative to the non-participants comparison group from the beginning of their community supervision period.
Both the Evaluation and the Recidivism Study confirmed that Drug Treatment Courts are an innovative and effective approach to helping offenders address their cycle of addiction and criminal behaviour.
Justice Canada officials continue to engage their PT counterparts with a view to allocating the additional Drug Treatment Court Funding Program funding received in Budget 2021. Funding agreements covering fiscal years 2021-2023 are in place with new agreements covering April 1, 2023 to March 31, 2028 to be offered to provinces and territories by the end of fiscal year 2022-2023.
As of November 2022, there are 21 federally funded DTCs. This number will increase as Justice Canada continues to allocate the additional funding received in Budget 2021 for the expansion of DTCs.
| Jurisdiction | Locations |
|---|---|
| BC | Vancouver |
| AB | Edmonton, Calgary, Lethbridge, Medicine Hat, Grande Prairie, Central Alberta (Red Deer), Fort McMurray (December 2022) |
| SK | Regina, Moose Jaw |
| MB | Winnipeg, Brandon |
| ON | Toronto, Ottawa |
| QC | Montreal, Puvirnituq, Akulivik |
| NS | Kentville |
| NL | St. John’s |
| YK | Whitehorse |
| NT | Yellowknife |
Funding to Advance the Implementation and Operationalization of Indigenous Children and Family Servicesʼ Laws (Budget 2022) (Horizontal Item) – Increase of $0.5 million in 2022-23 and $1.45 million over 3 years
What are the three key messages for the Minister:
- Through Budget 2022, to further the implementation of the Act respecting First Nations, Inuit and Métis children, youth and families (the Act), the Government decided to provide $87.3 million over three years, starting in 2022-23, to continue to support discussions regarding coordination agreements for Indigenous communities and to increase federal support for departments that are implementing the Act. Justice Canada obtained $1.45 million over three years to advise on ongoing litigation and respond to new legal challenges in relation to self-government and Aboriginal rights that arise in the context of the Act’s implementation.
- This initiative is linked to the Government’s priority to continue to work with First Nations, Inuit and the Métis Nation and provincial and territorial governments to continue to fully implement the Act.
- The Act recognizes the inherent right of Indigenous people to self-government in relation to child and family services and supports Indigenous governing bodies in assuming jurisdiction for their children and families. These are important steps on our path to reconciliation.
- Question: Why does Justice Canada require additional funds to implement the Act respecting First Nations, Inuit and Métis children, youth and families?
- Answer: New resources are required given that the Act is raising new legal challenges in relation to self-government and Aboriginal rights. These additional resources will support the provision of expert legal advice related to section 35 rights issues raised in the course of implementation of the Act, taking into consideration the cross-departmental scope of the legal issues, the magnitude of their implications and their novelty. This would include issues related to governance and accountability, liability, enforcement, international legal obligations, and coordination with other section 35 agreements.
- Question: Is the Act respecting First Nations, Inuit and Métis children, youth and families an invalid incursion in provincial jurisdictions?
- Answer: The Government of Canada welcomes the Court of Appeal of Quebec’s February 2022 decision, which found that the inherent right of self-government of First Nations, Inuit and Métis is recognized and affirmed by section 35 of the Constitution Act, 1982 and includes jurisdiction of child and family services. The Government of Canada has, however, decided to appeal the Court of Appeal of Quebec’s conclusion that invalidated sections of the Act that give force of law to Indigenous laws and confirm the paramountcy of those Indigenous laws over conflicting provincial laws. These are important issues and we look forward to the Supreme Court of Canada’s direction on the best approach to ensuring that Indigenous communities can effectively exercise their jurisdiction.
Funding:
| (in millions of dollars) | 2022-23 | 2023-24 | 2024-25 | 2025-26 | 2026-27 | Ongoing |
|---|---|---|---|---|---|---|
| New Funding (increase) | ||||||
| Operating (Vote 1) | 0.51 | 0.47 | 0.47 | 0.00 | 0.00 | 0.00 |
| Grants & Contributions (Vote 5) | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| Total New Funding | 0.51 | 0.47 | 0.47 | 0.00 | 0.00 | 0.00 |
| Existing Funding | ||||||
| Operating (Vote 1) | 0.74 | 0.74 | 0.74 | 0.00 | 0.00 | 0.00 |
| Grants & Contributions (Vote 5) | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| Total Existing Funding | 0.74 | 0.74 | 0.74 | 0.00 | 0.00 | 0.00 |
| Grand Total | 1.25 | 1.21 | 1.21 | 0.00 | 0.00 | 0.00 |
Background:
Justice Canada obtained authority from the Treasury Board to access additional operating funding, announced in Budget 2022, to support internal operational requirements needed to effectively implement the Act respecting First Nations, Inuit and Métis children, youth and families (the Act).
The Act, which came into force on January 1, 2020, establishes national minimum standards with respect to the provision of child and family services (CFS) for Indigenous children in Canada and affirms that the inherent right of self-government, recognized and affirmed by section 35 of the Constitution Act, 1982 (existing aboriginal and treaty rights of the Aboriginal peoples of Canada), includes jurisdiction in relation to CFS. The Act establishes an optional framework that can be used by groups which hold section 35 rights to exercise their jurisdiction and sets out that CFS jurisdiction includes legislative authority and the authority to administer and enforce CFS laws.
Through Budget 2022, to further the implementation of the Act, the Government decided to provide $87.3 million over three years, starting in 2022-23, to continue to support discussions regarding coordination agreements for Indigenous communities and to increase federal support for departments that are implementing the Act. More precisely, $45 million over three years was allocated to ISC to expand coordination agreement discussion funding for Indigenous communities seeking to exercise their jurisdiction, as well as $34.6 million over three years to support ISC internal operational requirements, including funding for legal services and internal services. In addition, $6 million over three years was allocated to CIRNAC.
$1.45 million over three years was allocated to Justice’s Aboriginal Law Centre, a recognized Centre of expertise, to support internal operational requirements (excluding PWGSC Accommodation fees and SSC IT Services costs). These represent the operating costs of two new FTEs, over three fiscal years, who will be hired on the Aboriginal Law Team of the ALC and who are needed to provide expert legal advice on section 35 issues raised in the course of the implementation of the Act.
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Funding to Provide Legal Services and Supports for Racialized Communities – Increase of $0.15 million in 2022-23 and $4.3 million over 5 years
- Budget 2021 provided $21.5 million over five years, starting in 2021-22, to support the provision of culturally appropriate legal information and resources and to pilot legal advice services for racialized communities across Canada.
- To date, 24 projects have been funded through this initiative, with projects commencing in 2022-2023. This funding is supporting community organizations and legal clinics across the country to reduce gaps in accessing justice for racialized communities, including Indigenous peoples, and to empower individuals to be active participants in addressing their legal matters.
- The Department received approval to re-profile $4.3 million from 2021-2022 to the remaining years of the initiative. As funding was only able to commence in 2022-2023, an additional fiscal year was also added to ensure the funding is available to recipients over five years. The re-profiled funds will allow the Department to support a greater number, and diversity, of projects.
- Question: Can you further explain why the re-profile was required and what the re-profiled funds will support?
Answer: Following the Budget 2021 announcement, there were a number of delays to the timeline for the launch of the initiative. The Government of Canada entered into caretaker mode on August 15, 2021, with the call of the September 2021 federal election. The election period caused significant delays that could not be mitigated, and delayed Treasury Board approval. The call for proposals was therefore launched in November 2021 with a closing date in January 2022, shifting the project timelines to start in fiscal year 2022-2023.
The re-profiled funds will allow the Department to meet the commitments set out by the Government of Canada in Budget 2021 and outlined in my 2021 supplementary mandate letter, to address systemic racism and invest in actions to address systemic inequities in the justice system. The re-profiled funds will support additional qualifying projects by community organizations across Canada, ensuring greater geographic and community diversity with the funding. Department officials are currently working with applicants who had submitted proposals that aligned with the objectives of the funding, but were not recommended due to the lack of available funds.- Question: Some organizations led by non-racialized groups were funded through this initiative. Can you explain the rationale behind this decision?
- Answer: This funding was specifically intended to address challenges for racialized communities in accessing legal information and services. Although not all projects are being led by racialized groups, successful applicants were required to have confirmed partnerships and engagement with racialized communities or organizations. Proposals were assessed to ensure that all activities were culturally appropriate and inclusive in their design, and in the delivery of legal supports and services.
Funding:
| (in millions of dollars) | 2022-23 | 2023-24 | 2024-25 | 2025-26 | 2026-27 | Ongoing |
|---|---|---|---|---|---|---|
| New Funding (increase) | ||||||
| Operating (Vote 1) | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| Grants & Contributions (Vote 5) | 0.15 | 1.37 | 1.26 | 0.52 | 1.00 | 0.00 |
| Total New Funding | 0.15 | 1.37 | 1.26 | 0.52 | 1.00 | 0.00 |
| Existing Funding | ||||||
| Operating (Vote 1) | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| Grants & Contributions (Vote 5) | 4.30 | 4.30 | 4.30 | 4.30 | 0.00 | 0.00 |
| Total Existing Funding | 4.30 | 4.30 | 4.30 | 4.30 | 0.00 | 0.00 |
| Grand Total | 4.45 | 5.67 | 5.56 | 4.82 | 1.00 | 0.00 |
Background:
In the 2020 Speech from the Throne, the Government of Canada emphasized the need to address systemic racism in Canada. The experience of racialized communities in the Canadian justice system is one that is marked by overrepresentation in the criminal justice system and unequal treatment.
Budget 2021 announced $21.5 million in funding over five years to support the provision of culturally appropriate legal information and resources and to pilot legal advice services for racialized communities across Canada. This funding will support organizations that provide free public legal education and information as well as organizations that provide legal services and advice to racialized communities.
In November 2021, the Department launched a call for proposals for Legal Services and Supports for Racialized Communities through the Justice Partnership and Innovation Program (JPIP). The funding aims to reduce the gaps in accessing justice for racialized communities, including Indigenous peoples, by increasing their understanding of the law and their rights, ways they could exercise those rights in legal matters and to make informed decisions. The call for proposal closed in January 2022 resulting in the approval of 24 projects led by community organizations and legal clinics across Canada.
Transfers to Other Organizations – Reduction of $0.52 million in 2022-23
- A total of $0.52 million is transferred to four organizations through these Estimates:
- $0.25 million to the Department of Foreign Affairs, Trade and Development to support departmental staff located at missions abroad, for the reinstatement of the Paris Liaison Officer position on an ongoing basis;
- $0.25 million to the Department of Crown-Indigenous Relations and Northern Affairs to support activities related to engagement with Indigenous Partners regarding the modernization of the Privacy Act;
- $0.01 million to the Treasury Board Secretariat to support the Capacity Accelerator Project, which is part of a 3-year commitment to help continue the implementation of a renewed vision for internal audit in the Government of Canada; and
- $0.01 million to the Royal Canadian Mounted Police for law enforcement record checks in support of the Department of Justice’s Security Screening Program.
Funding:
| (in millions of dollars) | 2022-23 | 2023-24 | 2024-25 | 2025-26 | 2026-27 | Ongoing |
|---|---|---|---|---|---|---|
| Transfers (decreases) | ||||||
| Operating (Vote 1) | ||||||
| From various organizations to the Department of Foreign Affairs, Trade and Development to support departmental staff located at missions abroad | (0.25) | (0.44) | (0.44) | (0.44) | (0.44) | (0.44) |
| From the Department of Justice to the Department of Crown Indigenous Relations and Northern Affairs to support activities related to engagement with Indigenous Partners regarding the modernization of the Privacy Act | (0.25) | 0.00 | 0.00 | 0.00 | 0.00 | 0.00 |
| From various organizations to the Treasury Board Secretariat to support the Capacity Accelerator Project | (0.01) | (0.01) | 0.00 | 0.00 | 0.00 | 0.00 |
| From various organizations to the Royal Canadian Mounted Police for law enforcement record checks | (0.01) | (0.01) | (0.01) | 0.00 | 0.00 | 0.00 |
| Grand total | (0.52) | (0.46) | (0.45) | (0.44) | (0.44) | (0.44) |
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