4. Programs Overview

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General note – Links between Department of Justice Programs and Mandate Letter Commitments

Department of Justice programs provide a strong platform for working with provinces, territories and other key stakeholders to achieve mandate letter and other Government of Canada priorities.

New Mandate Letter Priority: Advance the priorities of Indigenous communities to reclaim jurisdiction over the administration of justice in collaboration with the provinces and territories, and support and fund the revitalization of Indigenous laws, legal systems and traditions.

• Budget 2019 included $10 million over five years to support the revitalization of Indigenous laws and legal traditions.
• This funding responds to the Truth and Reconciliation Commission’s Call to Action 50, which calls on the federal government, in collaboration with Indigenous organizations, to fund the establishment of Indigenous law initiatives for the development, use and understanding of Indigenous laws and access to justice in accordance with the unique cultures of Indigenous peoples in Canada.
• Funding for this initiative is provided through the Justice Partnership and Innovation Program, and began in fiscal year 2019-20.

New Mandate Letter Priority: Reduce reliance on mandatory minimum penalties and promote non-criminal approaches to drug possession.

New Mandate Letter Priority: Make drug treatment courts (DTC) the default option for first-time non-violent offenders.

• The Drug Treatment Court Funding Program supports provincially and territorially administered drug treatment courts.
• These courts provide non-violent offenders with an alternative to incarceration by offering them the opportunity to complete a court monitored drug treatment program.
• While first-time non-violent offenders are eligible for DTC programs, there are also Criminal Code mechanisms that can divert them from the criminal justice system at an earlier stage than a DTC program. Bill C-5 enacts a principle of declaration in the CDSA encouraging police and prosecutors to divert the simple possession of controlled substances away from the criminal justice at the earliest point of contact unless the offence raises public safety issues.
• Drug treatment courts have proven successful in breaking the cycle of drug use and criminal recidivism.
• Budget 2021 announced funding of $28 million over five years, beginning in 2021-2022, and $7 million ongoing, to the Drug Treatment Court Funding Program to support the operation, expansion and creation of DTCs.
• This funding will contribute 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 will also contribute 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.
• Justice Canada has now allocated additional DTCFP funding for 2021-22 and 2022-23 (the final two years of the 2018-2023 agreements that ended on March 31, 2023). Funding was also approved for fiscal years 2023-2028 and new funding agreements covering the period were offered to provinces and territories.

Mandate Letter Priority: Work with provinces and territories to provide free legal advice and support to survivors of sexual assault and intimate partner violence.

• For Justice Canada, Budget 2021 announced $48.75 million over five years to support Independent Legal Advice and Independent Legal Representation for victims and survivors of sexual assault and intimate partner violence across Canada.
• Through the Victims Fund, Justice Canada is supporting 13 jurisdictions to deliver independent legal advice and representation programs to support victims and survivors of sexual assault and intimate partner violence.
• These programs provide accurate, personalized legal information and advice to help survivors understand and exercise their legal options in areas such as civil, family, and criminal law. They help survivors of sexual assault and intimate partner violence make informed decisions, increasing their confidence and making their voices more effective in the criminal and family justice system.

Mandate Letter Priority: Work with the provinces and territories to establish a Community Justice Centres program to put courts alongside other critical social services.

• In the Fall Economic Statement 2020, the Government of Canada proposed an investment to support Community Justice Centre pilot projects in British Columbia, Manitoba and Ontario, as well as community engagement to expand the Community Justice Centre concept to other provinces and territories.
• Community Justice Centres, or CJCs, bring justice, health and social services together to address the root causes of crime, divert individuals accused of non-violent offences away from incarceration, and connect them with social supports.
• Through the integration of culturally appropriate services, CJCs can help decrease the overrepresentation of Indigenous peoples and Black Canadians in the criminal justice system and provide solutions to systemic issues.
• An agreement has now been signed with the BC First Nations Justice Council to support Indigenous Justice Centres in British Columbia, and with the Government of Ontario to support pilot Community Justice Centres in that province. Agreements have also been signed to support community engagement on CJCs in other jurisdictions.
• Work continues to establish other pilots.

Mandate Letter Priority: Continue work on a renewed relationship with Indigenous people, including contributing to 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.

• The Fall Economic Statement 2020 announced $49.3 million to support the implementation of Gladue principles in the mainstream criminal justice system.
• This funding will respond to the Final Reports of both the MMIWG National Inquiry and the Truth and Reconciliation Commission, as each Report emphasized the need for comprehensive funding to implement Gladue principles.
• This funding will support the following three key components:
  • Funding for improved access to Gladue reports, including support to provinces and territories to expand their use, and/or for the development of Indigenous-led Gladue report writing frameworks;
  • Funding Indigenous-led community programs and services to provide post-sentence Gladue aftercare and casework. This assists individuals who have had a Gladue report in meeting the conditions of their sentence;
  • Funding for projects focused on implementing Gladue Principles in the mainstream criminal justice system (educating criminal justice system professionals and changing mainstream practices, processes and structures to address systemic barriers and discrimination).
• Budget 2021 announced $27.1 million over 3 years, beginning in 2021-22, to improve access to justice for Indigenous people. This included:
  • Funding to address program integrity pressures in the community-based justice programs supported by the Indigenous Justice Program;
  • Funding for Indigenous-led civil and family mediation to address community and family conflicts and prevent their escalation, including provide opportunities for parents to resolve their disputes, including custody arrangements.
• Budget 2021 provided $11 million over 3 years to support Indigenous-led community engagement to ensure the development of an Indigenous Justice Strategy (IJS) was done in consultation and collaboration with Indigenous people across Canada. Through a call for proposals, Justice Canada will provide $11 million to 38 Indigenous partners and organizations to engage with their members and citizens on what an IJS could and should include. This funding aims to support engagement to inform the development of the IJS and identify legislative, program, and policy initiatives needed to address systemic discrimination and overrepresentation of Indigenous peoples in the justice system.
• Budget 2022 announced $64 million over five years, starting in 2022-23, and $11 million ongoing, to Justice Canada to stabilize and accelerate work to meet the legislated requirements of the UN Declaration Act, including the co-development of an action plan with Indigenous partners, as well as to support Indigenous capacity to participate in the ongoing monitoring, review and update of measures included in the action plan and to ensure that the laws of Canada are consistent with the Declaration.
• To support this work, Budget 2022 committed $11 million starting in 2023-2024, to support ongoing consultation and cooperation with Indigenous peoples in implementing the UN Declaration and the UN Declaration Act. Funding will be provided to Indigenous organizations through the Indigenous Partnership Fund.

Funding to support Indigenous Family Courtwork services to assist Indigenous families who are navigating the family justice and child protection systems.

Supplementary Mandate Letter Priority: Introduce legislation and make investments that take action to address systemic inequities in the criminal justice system, including to promote enhanced use of pre- and post-charge diversion and to better enable courts to impose sentences appropriate to the circumstances of individual cases.

• The Fall Economic Statement 2020 announced an investment of $6.64 million over five years followed by $1.6 million annually on an ongoing basis to implement an Impact of Race and Culture Assessment (IRCA) component of the Legal Aid Program. Since the inception of this initiative, my Department has been working closely with the provinces and the territories as well as community organizations to implement IRCAs across the country. To date, agreements for the provision of IRCAs are in place in six jurisdictions, and we are supporting four organizations to develop and provide professional development programs for IRCA assessors, lawyers, and the judiciary. This measure is expected to result in better-informed sentencing decisions based on an understanding of the systemic inequalities faced by many Black Canadians and members of other racialized groups.
• Budget 2021 announced $216.4 million over five years, starting in 2021-22, and $43.3 million ongoing, for the Youth Justice Services Funding Program to increase funding to the provinces and territories in support of diversion programming and to help reduce the overrepresentation of Indigenous peoples, Black Canadians, and other racialized groups in the youth justice system. By diverting youth to the right services at the right time and addressing the root causes of crime, this measure would help reduce the crime rate and promote better outcomes for young people and their communities.
• Measures included in Bill C-5 will promote pre-charge diversion and address over incarceration of Indigenous and Black Canadians.
• This priority is also supported by the Fall Economic Statement 2020 funding with respect to the Gladue Principles and Community Justice Centre pilot projects.

Other Priority: Increasing the safety of our communities.

• Ensuring the safety of our communities is the ultimate objective of our criminal justice system and is a priority of our government.
• The Department of Justice’s Victims Fund helps to ensure that victims and survivors of crime have improved access to justice.
• The Victims Fund is a multi-faceted program that provides grants and contributions to provinces, territories and non-governmental organizations to advance activities that increase access to, and awareness of, victim services and the needs of victims of crime.
• The Victims Fund regularly funds projects and initiatives of relevance to a wide range of victims and survivors of crime, notably in relation to sexual violence, human trafficking, child victims and violence against Indigenous women and girls.

Other Priority: Legal Representation and Information.

• The right to legal representation is a fundamental tenet of Canadian democracy. Nowhere is this right more critical than in ensuring that the most vulnerable in our society have proper legal representation – this includes Indigenous people, those with mental health issues and racialized communities.
• The Department of Justice’s Legal Aid Program provides contribution funding to enable the provinces and territories and their legal aid plans to deliver criminal legal aid services to economically disadvantaged persons at risk of incarceration and to youth facing prosecution under the Youth Criminal Justice Act.
• In 2022-23, we invested $142.4 million in ongoing funding, in criminal legal aid. This is $30 million more than our contribution in 2015-16. Additionally, as a result of funding made available through the Fall Economic Statement 2020, a further $30 million was provided, increasing funding to $172.4 million in 2022-23.
• Additionally, as a result of funding made available through Budget 2022, a further $60 million is being invested, increasing funding to $202.4 million in 2023-24.
• We are also making available $3.25 million in federal contributions for the State-Funded Counsel component of the Legal Aid Program.
• In cooperation with our provincial and territorial partners, we are continuing to explore and develop innovative approaches for delivering these critical legal aid services in a cost-efficient, sustainable manner.

Lapse of Grants and Contributions Funds

• My Department keeps a close watch on its annual grants and contributions budget.
• If unused program funds are identified, they can be quickly redirected to other programs where they can be used to further departmental objectives.
• A process is in place to identify lapses throughout the year as the needs of funding recipients and their ability to deliver programs can often change.
• Thanks to this process, Departmental staff were able to assist recipients in realigning budget items and activities that had to be adapted, suspended or cancelled due to unforeseen circumstances, including the lingering effects of the COVID-19 pandemic on planned activities. They communicated with all funding recipients across all programs to best accommodate their evolving needs.
• Despite best efforts, annually some of the Department’s grants and contributions funding lapses. Mainly lapses occur in those programs that respond to court orders (such as the State-Funded Counsel component of the Legal Aid Program) or are dependent on the willingness and ability of provinces to implement (such as the Contraventions Act Fund). Lapses from these programs provide the Department with capacity to respond to emerging pressures.
• For fiscal year 2022-23, forecasted surplus funds were re-directed where possible to support priorities, such as addressing increased immigration and refugee legal aid demand and providing funding for gatherings to support community participation in the work of the Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools.
• Previous fiscal years surplus reallocations have also served to:
  • Assist Indigenous community-based justice programs in meeting service delivery challenges due to the pandemic;
  • Assist provinces and territories through the Intensive Rehabilitative Custody and Supervision (IRCS) Program to provide specialized assessment and treatment services required for the administration of sentences imposed on serious violent youth offenders affected by mental health problems;
  • Assist Child Advocacy Centres to address new equipment, staffing and cleaning needs due to the pandemic; and
  • Support Public Legal Education and Information organizations in their work to develop and disseminate information about legal issues that have arisen under COVID-19, about senior abuse and neglect, and about conversion therapy.

Justice Canada 2023-2024 Departmental Plan

• This Departmental Plan provides details on the Department’s key priorities, expected results and related resource allocations for the 2023-24 fiscal year. We will report on these plans in the corresponding 2023-24 Departmental Results Report.
• I am very proud of our plans to support the Government of Canada and to ensure a fair, accessible and relevant justice system for all Canadians.
• As a key priority, the Department will support work to keep our communities safe, including the development of legislation to combat the proliferation of hate and the abuse and exploitation of children online, and support to victims of crime.
• The Department will also further meaningful reconciliation with First Nations, Inuit and Métis by continuing to play a key role in the ongoing work to implement the United Nations Declaration on the Rights of Indigenous Peoples Act and legislative reforms on Indigenous child and family services.
• The Department will maintain our ongoing support of the implementation of the Truth and Reconciliation Commission’s Calls to Action, the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Calls for Justice, the National Action Plan and the related Federal Pathway. We will also continue to support the work of the Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools.
• Over the next year, the Department will continue to address systemic discrimination in the justice system, particularly the overrepresentation of First Nations, Inuit and Métis, racialized Canadians, and members of marginalized communities. This work includes supporting development of the Indigenous Justice Strategy and Canada’s Black Justice Strategy in consultation and collaboration with Indigenous peoples, provinces, territories and other partners.
• The Department’s total planned spending for 2023-24 is $987.6 million, which represents a net decrease of $6.5 million or 0.7% when compared with the $994.1 million forecasted spending for 2022-23.
• This decrease is mainly attributable to expenditures related to funding from Treasury Board Central Votes (such as the Operating Budget Carry Forward) that the Department received and is forecasting in 2022-23, but are not included in 2023-24 planned spending, which is based solely on 2023-24 Main Estimates.

Background:

Justice Canada’s 2023-24 Departmental Plan provides parliamentarians and Canadians with information on how the Department intends to use appropriations requested from Parliament, the expected results of those activities, and the planned resources required to achieve these results for the period from April 1, 2023 to March 31, 2024. The annual Departmental Plan and the corresponding Departmental Results Report both serve as a key mechanism of ministerial accountability.

The Departmental Plan is structured in accordance with the Treasury Board Policy on Results and the associated Justice Canada Departmental Results Framework with respect to two core responsibilities: 1) Legal Services; and 2) Justice System Support, as well as Internal Services.

On March 9, 2023, the President of the Treasury Board tabled the 2023-24 Departmental Plans in Parliament, on behalf of ministerial colleagues.

The following table shows information on spending for each of the Department of Justice Canada’s core responsibilities and for its internal services for 2023–24 and future fiscal years.

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