2. 2024-25 Main Estimates

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Advice to the Minister – Main Estimates Item
Main Estimates 2024-25 Overview

• The Department of Justice is seeking $927.9 million through the 2024-25 Main Estimates, versus $987.6 million in the 2023-24 Main Estimates, which represents a net decrease of $59.7 million. These appropriations exclude Vote-Netted Revenue Authorities and centrally managed costs (i.e., PSPC, SSC). The net decrease is explained by:

• Net increases of $43.6 million
  • $21.8 million to respond to the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Final Report: Increasing Access to Culturally Grounded and Indigenous-Led Victim Services. This funding renews and enhances the Family Information Liaison Units (FILUs) and Community Supports and Healing for Families (CSHF) programs, and supports the co-development of victim services (announced in Budget 2023);
  • $8.2 million for the Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions: to support the work required to fulfil the Public Inquiry’s mandate and for the appropriate resourcing of the litigation team representing the Government of Canada (announced in Budget 2024);
  • $3.8 million in additional funding to support government-wide legislative and regulatory initiatives: to renew, on a permanent basis, the temporary Regulatory Review positions, and to increase general capacity to better support government-wide legislative and regulatory initiatives. This funding is used to deliver more effectively the Government’s legislative and regulatory agenda (announced in the Fall Economic Statement 2022);
  • $3.7 million for the Action Plan for Official Languages 2023-2028: additional funds to support initiatives designed to increase access to justice in both official languages (announced in Budget 2023);
  • $1.8 million for resourcing departments and agencies to meet national security and intelligence review requirements: to respond to comprehensive external review requirements (announced in Budget 2023);
  • $1.4 million for the Office of the Independent Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools: to support the work of the Special Interlocutor to acquire input that will inform her reports and recommendations (announced in Budget 2022);
  • $0.3 million in additional funding to advance the National Action Plan to End Gender-Based Violence: to help ensure access to free legal advice and legal representation for victims of sexual assault and for victims of intimate partner violence, to provide additional supports for victims of intimate partner violence to navigate the criminal and family justice systems, and to support supervision services for parenting time in cases of separation and divorce to protect the safety and well-being of children and families (announced in Budget 2021); and,
  • $2.6 million net increase mainly from other technical adjustments to reference levels, such as funding for the wage increases of recently ratified collective bargaining agreements of various groups and a partially offsetting decrease to the Employee Benefit Plan (EBP) in accordance with the prescribed annual rate adjustment.
• Decreases of $103.3 million
  • -$60.0 million from the sunsetting of additional one-time funding for criminal legal aid: increased the federal contribution to criminal legal aid services to support access to justice for Canadians unable to pay for legal support (announced in Budget 2022). Budget 2024 announced the renewal and expansion of criminal legal aid funding over five years starting 2024-25, to be accessed through future Estimates processes;
  • -$11.3 million from the sunsetting of funding to improve access to justice for Indigenous people and to address systemic barriers in the criminal justice system: improved supports for victims of crime and Indigenous families, increased use of restorative justice models, and the provision of culturally-competent justice services in both the criminal and family justice systems (announced in Budget 2021). Budget 2024 announced the renewal of this funding over five years starting 2024-25, to be accessed through future Estimates processes;
  • -$10.9 million from the sunsetting of funding for initiatives to address workplace sexual harassment: provided legal support for complainants of sexual harassment in the workplace, and better informed workers about their rights (announced in Budget 2018). Budget 2024 announced the renewal of this funding over three years starting 2024-25, to be accessed through future Estimates processes;
  • -$8.0 million from the sunsetting of funding to improve access to justice through Indigenous engagement on justice-related issues and the Reconciliation Secretariat: provided support to the Reconciliation Secretariat as the Department’s Centre of Expertise on Indigenous relations, reconciliation and partnership building, and provided grants funding to Indigenous groups (announced in Budget 2021). Budget 2024 announced the renewal of this funding over three years starting 2024-25, to be accessed through future Estimates processes;
  • -$6.7 million from reductions as part of Refocusing Government Spending: reductions to professional services, travel, operations and transfer payments (announced in Budget 2023);
  • -$2.9 million from the sunsetting of funding for Bringing Innovation to Regulations through the Implementation of the three sectorial Roadmaps – Agri-Food and Aquaculture, Health and Biosciences, and Transportation: strengthened capacity to draft required legislative and regulatory changes (announced in Budget 2019);
  • -$2.5 million from the sunsetting of funding for Supporting Renewed Legal Relationships with Indigenous Peoples (CTA 50): supported Indigenous law initiatives across Canada (announced in Budget 2019). Budget 2024 announced the renewal of this funding over three years starting 2024-25, to be accessed through future Estimates processes; and,
  • -$1.0 million from an adjustment to the funding for Gladue Principles – Systemic and Community-led Responses to Address Overrepresentation of Indigenous People in the Criminal Justice System: supports the implementation of Gladue Principles in the mainstream justice system and Indigenous-led responses and helps reduce the overrepresentation of Indigenous Peoples in the criminal justice and correctional systems (announced in the Fall Economic Statement 2020).
• Question: How will services to Canadians be impacted by the sunsetting of these initiatives?
  • Answer: Previous federal budgets committed investments that were time-limited in nature. The Department has worked diligently to secure the renewal and in some cases the expansion of those investments and maintain delivery of services to Canadians. I am pleased that Budget 2024 announced the renewal of the sunsetters identified in these Main Estimates. The funding will be accessed through future Estimates processes and reported back to this Committee for study at that time.

Advice to the Minister – Main Estimates Item
Department of Justice and Portfolio Organizations’ Main Estimates 2024-25

• The following portfolio organizations fall under the responsibility of the Minister of Justice:
  • 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^{Footnote 1};
  • Registrar of the Supreme Court of Canada;
  • Canadian Human Rights Commission; and,
  • Law Commission of Canada.
• Main Estimates 2024-25 include a total of $2.3 billion for the Justice Portfolio. The Department of Justice is the largest organization within the portfolio, with 40 percent of the overall budget.
• Main Estimates 2024-25 show an increase of $62 million (3%) from Main Estimates 2023-24. The majority of the increase is attributable to the Courts Administration Service and to 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 Vote-Netted Revenue Authority of $442.0 million to collect and re-spend revenues to support the provision of legal services to other government departments and agencies. The remainder of the portfolio also receives Vote-Netted Revenue Authority of $64.0 million (mostly split between the Administrative Tribunals Support Service of Canada and the Office of the Director of Public Prosecutions), for a total of $506.0 million.
• Including these revenue authorities, the Justice Portfolio has a total budgetary authority of $2.82 billion.

2024-25 Main Estimates for the Justice Portfolio (in millions)^{Footnote * of Table}

2024-25 Vote-Netted Revenues for the Justice Portfolio (in millions)

Vote-Netted Revenue is the authority by which an organization has permission to collect revenues and offset related expenditures.

Courts Administration Service
Year over year increase

• In 2024-25, the Courts Administration Service increased the authorities sought in the Main Estimates by $64.6 million, representing a variance of 64%. The increase includes funding of $56.4 million that was announced in Budget 2019 and through a 2022 off-cycle funding decision for the National Courts Facilities Modernization Program (Phase 1), as well as funding of $6.2 million obtained through a 2019 off-cycle decision to Strengthen Service and Digital Capabilities to Modernize Canada’s Federal Courts. The remaining $2 million is funding mainly relating to the signed collective agreements.
• The majority of funds for Phase 1 of the National Courts Facilities Modernization Program are being used to build a new judicial complex in Montreal and to expand the current Toronto court facility. Court facilities in both locations will be equipped with modern courtroom technology on which courts and litigants are increasingly reliant.
• These important investments in facilities, service and digital will contribute to enhancing access to justice by bringing our court system into the 21st century.
• Question: What key initiatives are being implemented to modernize and digitize Canada’s federal courts system and what are the anticipated benefits?
  • Answer: There are several key initiatives aimed at modernizing Canada’s federal courts system. These initiatives focus on upgrading digital and IT infrastructures, implementing virtual courtroom technologies, and developing integrated case management systems. Additionally, we are investing in modern tools and infrastructure to improve flexibility, scalability, redundancy, and accessibility of court services, including the adoption of cloud-based systems. These investments will provide real-time case updates, easier access to judicial records, and more efficient virtual proceedings. Together, these changes will expedite case handling and enhance the resilience of the courts, while ensuring reliable service delivery to Canadians.
• Question: Why is the National Courts Facilities Modernization Program an investment for Canada and how will it benefit Canadians?
  • Answer: The National Courts Facilities Modernization Program is a multi-year program that will:
    • Increase the capacity of the Courts to address the backlog of Canadians seeking justice;
    • Introduce more options for Canadians seeking justice through the introduction of e-courts and digitization initiatives;
    • Enhance the security and safety for all users of the Courts;
    • Invest in accessibility for the public and the Courts by meeting the Accessible Canada Act;
    • Modernize court buildings to achieve objectives set out in the Government of Canada Greening Government Strategy, and;
    • Integrate Indigenous practices into the Courts.
• Question: What portion of the National Courts Facilities Modernization Program funding is being spent in the private sector?
  • Answer: It is expected that over 80% of the National Courts Facilities Modernization Program funding will be spent in the private sector for the design and construction of modernized Court facilities across the country.

Background

The National Courts Facilities Modernization and the Strengthen Service and Digital Capabilities to Modernize Canada’s Federal Courts programs are the cornerstones of the Courts Administration Service’s initiatives to improve access to justice for Canadians by making significant long-term improvements to Court facilities and the Courts’ digital capabilities.

The evolving needs of the Courts, as well as increased workloads, have accelerated the need to modernize the Courts’ facilities to better support members of the judiciary and provide access to justice to all Canadians.

The funding will enable digital technology in courtrooms, improve security to judges, and ensure that courtrooms are accessible in accordance with the Accessible Canada Act. As services continue to have an online presence and to ensure transparency, the funding will also support a data collection and management process to measure and optimize utilization of the courts and judicial spaces.

The Courts’ ability to deliver on their mandate and protect democracy depends on broad public confidence in their impartiality, integrity, independence, and performance. This essential trust is vulnerable to Courts Administrative Service’s limited capability to meet public expectations for modern, secure, reliable, digital, and client-centric services. To ensure continued access to justice, Courts Administrative Service must increasingly provide digital services to the Courts and enable them to provide digital services to citizens, litigants and Canadians.

Office of the Commissioner for Federal Judicial Affairs Canada
Year over year increase

The total budgetary estimate for the Office of the Commissioner for Federal Judicial Affairs increased by $55.3 million in 2024-25.

• This is not an increase to the Office of the Commissioner’s operating budget. Rather it is primarily attributable to changes in forecasted statutory spending for salaries, benefits and allowances of federally appointed judges.
• Statutory provisions in the Judges Act cause increases in salaries of federally appointed judges as well as increases in pension payments to retired judges and their survivors. These increases have resulted in increased forecasts of related statutory spending under the Office of the Commissioner for Federal Judicial Affairs.

Question: What is the reason for the increase in voted authority in the 2024-25 Main Estimates for the Office of the Commissioner for Federal Judicial Affairs?

Answer: There is an increase of $497,009 in voted authorities in the 2024-25 Main Estimates for the Office of the Commissioner for Federal Judicial Affairs. This is due to increased funding for employee compensation adjustments resulting from ratification of many collective bargaining.

Question: What has the Government of Canada done to fill judicial vacancies?

Answer: Our government made 100 judicial appointments in 2023. Thus far this current year, we have made 52 appointments.

No government in the past has appointed so many judges on average, yearly (including 101 Judges in 2017 and 107 judges in 2018). Overall, our government has now appointed 730 judges since November 2016. This includes 6 new Supreme Court of Canada justices (as well as the appointment of its Chief Justice).

In order to assist the courts, our government has also created 117 new judicial positions since coming to power. There are now 57 judicial vacancies across the country (this represents less 6% of all judicial positions).

Over and above these numbers, this government has worked with the Office of the Commissioner for Federal Judicial Affairs in order to take concrete actions to improve the judicial appointments process, including:

• Streamlining the judicial application regime for superior courts appointments, as well as for Supreme Court of Canada appointments;
• Extending the assessment period of candidates to 3 years;
• Extending the terms of the Judicial Advisory Committees’ (JACs) members to 3 years;
• Meeting with the JACs chairpersons, and encouraging more meetings of the JACs;
• Addressing delays in the security checks of nominees.

The judges we have appointed are exceptional jurists who represent the diversity that strengthens Canada and more than half of them are women (52.46%). Our government looks forward to building on our proud record of merit-based appointments by continuing to fill vacancies.

Background:

The Office of the Commissioner for Federal Judicial Affairs provides services to approximately 1,200 federally appointed judges across Canada as well as approximately 1,100 pensioners and their survivors.

Statutory provisions in the Judges Act have resulted in increases in salaries and benefits of federally appointed judges as well as increases in pension payments to retired judges and their survivors. These increases have resulted in increased forecasts of related statutory spending under the Office of the Commissioner for Federal Judicial Affairs.

The total forecast of statutory spending for the Office of the Commissioner for Federal Judicial Affairs is $775 million in 2024-25 as compared to $720 million in 2023-24 resulting in an increase of approximately $55 million in the 2024-25 Main Estimates.

Forecasts of statutory spending are included in the Estimates to provide additional information on departments’ total estimated expenditures.

Advice to the Minister – Main Estimates Item
Funding to respond to the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Final Report: Increasing Access to Culturally Grounded and Indigenous-Led Victim Services (Budget 2023) – increase of $21.8 million in 2024-25, $95.8 million over 5 years and $20.4 million ongoing

• The Government of Canada continues to respond to the Calls for Justice from the National Inquiry into Missing and Murdered Indigenous Women and Girls.
• Through Budget 2023, the government is providing $95.8 million over five years, and $20.4 million annually on an ongoing basis, to support Indigenous families in accessing information about their missing or murdered loved ones, and to enhance the availability and accessibility of services and supports for Indigenous victims and survivors of crime.
• This investment also supports further implementation of Truth and Reconciliation Commission Call to Action #40, which calls upon all levels of government to create, in collaboration with Indigenous peoples, adequately funded and accessible Indigenous-specific victim programs and services.
• This funding will ensure the ongoing work of Family Information Liaison Units, which facilitate access to information about missing and murdered Indigenous loved ones and are in place in each province and territory.
• This funding will also enhance the Community Support and Healing for Families initiative, to ensure that families of missing and murdered loved ones to have access to community-based, Indigenous-led support to assist them with the grief and trauma of their loss.
• In addition, Budget 2023 included a new investment to increase access to Indigenous-led or co-developed services and supports for Indigenous victims and survivors of crime.
• Together, these new and expanded initiatives will increase access to justice for Indigenous victims of crime by enhancing Indigenous-led, community-based services, as well as supporting community and system partners in their efforts to address the barriers that Indigenous victims and survivors experience in the criminal justice system.
• Question: Who can access the funding and how is it delivered?
  • Answer: The funding is administered through the Justice Canada Victims Fund. There is variation in who is eligible to access the funding under these three initiatives:
    • Funding for Family information Liaison Units is made available to provincial and territorial governments, which in many cases work in close partnership with community and regional Indigenous agencies.
    • The Community Support and Healing for Families initiative is specifically intended to support the work of Indigenous-led organisations in supporting families and the funding in this stream is specifically for Indigenous community agencies.
    • Finally, the Support for Indigenous Victims of Crime funding, which will advance a wide range of Indigenous-led and co-developed activities to support and assist Indigenous victims and survivors of crime, will be accessible to multiple stakeholders.
• Question: What has been the impact to date of these investments for families?
  • Answer: Since 2016, through Family information Liaison Units, families have had a dedicated, culturally grounded team to work with in accessing information about their missing or murdered loved one. Thousands of family members across Canada have worked with Family information Liaison Units, and they continue to need their services.
  • At the same time, the community supports that have also been advanced since 2016 – and that were renewed and expanded in Budget 2023 – have provided the resources that Indigenous community agencies need to carry out and design activities specifically for families, to help them with their grief and loss in a culturally grounded way.
  • Through the expanded and enhanced funding, organizations that are supported through this funding can consider how they can work with families of men and boys, strengthen support for youth and child family members and adapt as needed to community needs.
  • As we know, Indigenous advocates and agencies have been calling for long-term, sustainable funding to increase the effectiveness and responsiveness of projects serving families. I am very pleased that following Budget 2023, these funding initiatives are ongoing so that these critical supports for families can continue for as long as needed.

Funding (in millions of dollars)

Background

Funding History:

August 2016: Start of the Family information Liaison Units (FILUs) initiative $11.7 million over three years with funding ending March 31, 2019.

June 2018: As part of the response by the Department of Justice to the National Inquiry into Missing and Murdered Indigenous Women and Girls’ interim report in 2018, FILUs were extended to March 31, 2020.

December 2019: Announced at AFN Special Assembly, FILUs were extended for an additional three years with funding ending March 31, 2023.

May 29, 2023: The Department of Justice announced funding of $95.8 million over five years and $20.4 million annually in ongoing funding, to expand support for families of missing and murdered Indigenous people (MMIP) and Indigenous victims and survivors of crime.

This investment will support families of MMIP through FILUs, which ensure that families have access to culturally grounded teams to help them overcome the systemic and geographic barriers in accessing information about their loved ones. Additionally, the enhanced Community Support and Healing for Families initiative, will ensure that families of MMIP have access to community-based, Indigenous-led support to assist them with the grief and trauma of their loss. While the focus will remain on families of MMIWG and 2SLGBTQQIA+, this new funding for will permit opportunities to also support families of missing or murdered men and boys.

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(s).

FILUs are 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 to ensure 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.

Advice to the Minister – Main Estimates Item
Supplemental funding for the Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions – $8.2 million in 2024-25

• Budget 2024 announced supplementary funding for the Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions (Inquiry) including $2.4M for 2023-2024 and $14.7M for 2024-2025. The funding was allocated to the Privy Council Office and the Department of Justice.
• [Redacted]
• Of the $17.1M included in the supplementary funding, $8.2M is allocated to the Department of Justice in 2024-25 to support the provision of legal services to the Government of Canada as a party with standing before the Inquiry.
• The Government is committed to supporting the important work of the Commission.
• As demonstrated by the introduction of Bill C-70, An Act respecting countering foreign interference in the House of Commons on May 6, 2024, which will give Canada new modern tools to combat foreign interference, we will continue to take steps to protect Canadians from foreign interference and ensure Canada’s democracy remains one of the strongest in the world.
• Question: Why were additional resources required by the Department of Justice for the Inquiry?
  • Department of Justice costs relating to litigation services (which can include representing the Government of Canada before commissions of inquiry) are typically paid for by the federal government departments and agencies involved in the litigation. The funding allocated to the Department of Justice in Budget 2024 for the Inquiry is to defray legal costs that would otherwise be paid by other federal organizations to the Department of Justice.
    Centralized funding for the litigation services required to support the Government of Canada’s participation in the Inquiry was considered to be a more efficient and effective funding mechanism in the circumstances (i.e., rather than having multiple departments and agencies receive funding individually and in turn pay the Department of Justice).
• Question: Were any new positions created in or employees hired by the Department of Justice with this funding?
  • No. No new Justice full-time equivalent positions (FTEs) were created as a result of this new funding, only the funding mechanism is different (i.e., from revenue to voted authority).
• Questions relating to funding allocated to the Privy Council Office:
  • The remainder of the funding identified for the Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions is for the operations of the Inquiry itself and the Privy Council Office’s support to the Inquiry. The Privy Council Office would be best placed to respond to questions related to the funding allocated to PCO for this item.
• Question: When will the Inquiry complete its work?
  • The Commissioner delivered an initial report on May 3, 2024. A final report is expected by December 31, 2024.

Funding (in millions of dollars)

Background

On September 7, 2023, the Government announced the establishment of the Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions (Inquiry) under the Inquiries Act and the appointment of Justice Marie-Josée Hogue as Commissioner. The announcement of the Inquiry followed extensive consultations with all recognized parties in the House of Commons and all parties agreed to the Terms of Reference and appointment of the Commissioner.

The Terms of Reference of the Inquiry mandate the Commissioner to examine and assess:

• interference by foreign states or non-state actors, including any potential impacts, in order to confirm the integrity of, and any impacts on the 43rd and 44th general elections (2019 and 2021 elections) at the national and electoral district level (“Part A”);
• the flow of information to senior-decision makers, included elected officials, and as between the Security and Intelligence Threats to Elections Task Force and the Critical Election Incident Public Protocol panel during the election period that led up to the 43rd and 44th general elections, and in the weeks following those periods, and actions taken in response (“Part B”); and
• the capacity of relevant federal departments, agencies, institutional structures and governance processes to detect, deter and counter any form of foreign interference directly or indirectly targeting Canada’s democratic processes (“Part C”).

The Commissioner was also required to conduct public hearings at the outset of the Commissioner’s mandate to identify the challenges, limitations and potential adverse impacts associated with the disclosure of classified national security information and intelligence to the public, for the purposes of fostering transparency and enhancing public awareness and understanding (“Part D”). The Commissioner will also recommend any means for better protecting federal democratic processes from foreign interference that she may consider appropriate.

The Terms of Reference require the Commissioner to submit a report to the Governor in Council in relation to Parts A and B by no later than May 3, 2024 and in relation to Parts C and D and any recommendations by no later than December 31, 2024. The Commissioner’s initial report was submitted on May 3, 2024.

The Privy Council Office (PCO) and the Department of Justice (Justice) were allocated $17.1M supplementary funding in Budget 2024 to support the work of the Inquiry, including $2.4M for 2023-2024 and $14.7M for 2024-2025. [Redacted]. Of the $17.1M included in the supplementary funding in Budget 2024, $8.2M is allocated to Justice in 2024-2025 to support the provision of legal services to the Government of Canada as a party with standing before the Inquiry.

Justice costs relating to litigation services (which can include representing the Government of Canada before commissions of inquiry) are typically invoiced by the Department of Justice to the federal government department and agencies involved in the litigation. The funding allocated to Justice in Budget 2024 for the Inquiry is to support the provision of legal services to the Government of Canada as a party with standing before the Inquiry. The funding will defray legal costs that would otherwise be paid by other federal organizations to Justice. Centralized funding for the litigation services required to support the Government of Canada’s participation in the Inquiry was considered to be a more efficient and effective funding mechanism in the circumstances (i.e., rather than having multiple departments and agencies receive funding individually and in turn pay the Department of Justice).

The remainder of the funding is allocated to the Privy Council Office, which in large part reflects funding for the operations of the Inquiry itself as well as the Privy Council Office’s support to the Inquiry.

On May 6, 2024, the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, and the Minister of Justice and Attorney General of Canada, announced the introduction Bill C-70, An Act respecting countering foreign interference. Bill C-70 proposes to update existing laws to better equip the government to detect, disrupt, and protect against foreign interference threats against all people in Canada, including members of diaspora, marginalized or otherwise vulnerable communities. This includes proposed changes to the Security of Information Act, the modernization of the 40-year-old Canadian Security Intelligence Service Act, and the sabotage offence in the Criminal Code. It also proposes amendments to the Canada Evidence Act to establish a standardized and streamlined regime for handling sensitive information in administrative proceedings in the Federal Court of Canada.

Advice to the Minister – Main Estimates Item
Funding to support government-wide legislative and regulatory initiatives – Increase of $3.8 million in 2024-25 ($44.7 million over 5 years starting in 2022-23 and $11.5 million ongoing)

• The Fall Economic Statement 2022 announced funding in the amount of $44.7M over five years starting in 2022-2023 and $11.5M ongoing (excluding centrally managed costs), to increase general capacity in the Department of Justice Canada to better support government-wide legislative and regulatory priorities.
• Access to this funding will allow the Department to increase the number of legislative counsel working on bill drafting. It will also enable it to increase the number of staff for critical revision services and renew, on a permanent basis, temporary positions for regulatory drafting.
• Ensuring that the Department is appropriately staffed to support key operations and meet mandate commitments is essential to support the Government of Canada. Ultimately, with this additional workforce, the Government’s legislative and regulatory agenda will be delivered more effectively, with its desired impacts on the Canadian population in different areas, including the economy, environment, and safety and security.
• Question: Why do you need more employees?
  • Answer: With more appropriate staffing levels, the Department will be in a better position to meet increased demand and urgent timelines in response to government priorities for legislation and regulations. Therefore, the Government will be better supported in its strategic outcomes and will be able to expect a greater volume of high quality legislative texts in relation to both the implementation of its policy and program agenda and the coordination of its responses to emergency situations.
• Question: How is this a good use of taxpayers’ money?
  • Answer: Ensuring that the Department of Justice is appropriately staffed to support key operations and meet mandate commitments is essential to support workers and ultimately results in a better service to Canadians.

Funding (in millions of dollars)

Background

One of the Department of Justice’s key mandates is to provide a range of legal services, including legislative services, to the Government of Canada and its departments and agencies so that the Government can deliver its policy and programs through legislation and regulations. The Department assists the government in exercising this function as the sole entity responsible for drafting and reviewing federal government bills and regulations and motions to amend bills already before Parliament; harmonization of federal legislation with the civil law of Quebec; updating, consolidation and publication of federal statutes and regulations.

In 2019-20, funding in the amount of $23.7 million over five years was approved, which sunset in 2023-24, to hire significant temporary employees to support the Regulatory Review initiative to modernize various regulatory regimes, primarily in the areas of food, medicines/controlled drugs and transport sectors. In recent years, the Department had to divert many resources to address the Government’s more pressing priorities or to implement its legislative response to emergency situations, including the pandemic. As a result, the work under the Regulatory Review initiative is not yet complete.

Simply put, there are more files, they are more complex and they require more drafting resources than ever before. Both legislative and regulatory forward plans, as well as mandate letters, demonstrate an appetite for legislative texts well beyond current capacity.

The funding will increase legislative and regulatory drafting services capacity by:

• increasing the number of legislative counsel in the Legislation Section (bill drafting);
• increasing the number of legistic revisors and jurilinguists for revision services; and
• renewing, on a permanent basis, temporary positions for regulatory drafting and legistic revision/jurilinguistic services;

This funding will allow the Department to secure resources to address demand in a more complex responsive and fluid environment, as well as to provide surge capacity during peak periods, like Budget Implementation season and in crisis situations, and alleviate the high workload. Ongoing staffing efforts are being made to increase the workforce and attract new talent. In the longer term, the government’s legislative and regulatory agenda will be delivered more effectively.

Advice to the Minister – Main Estimates Item
Funding for the Action Plan for Official Languages 2023-2028 (Budget 2023) – increase of $3.7 million in 2024-25 and $15.8 million over 5 years

• The Action Plan for Official Languages 2023-2028, announced in April 2023, reiterates the government’s commitment to the protection and promotion of Canada’s two official languages, the preservation of the French language, as well as the development of official language minority communities.
• This plan is the concrete expression of the mandate letter commitment of the Minister of Official Languages and the President of the Treasury Board “to secure the future of the French language in Canada by fully implementing measures outlined in the White Paper English and French: Towards a Substantive Equality of Official Languages in Canada.”
• The Action Plan includes $15.8 million over five years in new funding for Justice Canada. This funding contributes to efforts to achieve substantive equality of English and French in Canada. It aims to respond to the needs for access to justice in both official languages, which were expressed by French-speaking minority communities and English-speaking communities in Quebec during consultations for this purpose.
• Question: Have official language minority communities seen an increase in the funding dedicated to the access to justice in both official languages under the new federal action plan?
  • Answer: Yes. Justice is designated as a field essential to the development of French-speaking minority communities and English-speaking communities in Quebec. Funding for new positive measures and the increase in core funding is intended for projects for and by these communities.
• Question: How is the funding distributed amongst the organizations?
  • Answer: Each province and territory has at least one organization that receives core funding. For French-speaking communities, these are essentially members of the Fédération des juristes d’expression française de common law. Regarding, the English-speaking community of Quebec, the organization Quebec Community Groups Network (QCGN) is the funding recipient.
  • The distribution is based on the needs expressed by the communities and the funding requests received.

Funding (in millions of dollars)

Background

In Budget 2023, official languages were prioritized among the various investments, and federal priorities, over the coming years. To meet the challenges facing Canada’s official languages, including French, which is in decline, and to secure the future of that language, the Government of Canada explicitly recognized in Budget 2023 it had a duty to protect and promote the two official languages in Canada. To this end, it planned to protect and promote French in Québec, as well as the language rights of Francophone minority communities throughout Canada, while respecting the rights and institutional advancement of Québec’s English-speaking minority communities.

Official languages have been an integral part of Canadian history, and their evolution reflects Canadians’ desire to live together and to recognize the two official languages as part of Canadian identity. The two official languages build bridges between English speakers, French speakers, Indigenous people, and other people in Canada of all backgrounds. Official languages policies and initiatives over the past 50 years have resulted in important gains, particularly in terms of the bilingualism of federal institutions, support for official language minority communities, second-official-language learning, a better appreciation of the other official language, and a greater inclusion of diversity.

Resourcing Departments and Agencies to meet National Security and Intelligence Review Requirements
With the establishment of the National Security and Intelligence Committee of Parliamentarians (NSICOP) in 2017, and the National Security and Intelligence Review Agency (NSIRA) in 2019, federal departments and agencies who undertake national security or intelligence activities must now respond to comprehensive external review requirements. Budget 2023 announced an investment of $40.6 million for the National Security and Intelligence Review over two years (2023-24 to 2024-25).

• With the establishment of NSICOP in 2017, and NSIRA in 2019, federal departments and agencies who undertake national security or intelligence activities must now respond to comprehensive external review requirements.
• Justice currently allocates review-related work to pre-existing resources but that at times curtailed Justice’s ability to deliver on other priorities.
• The funding of $2.0 million in 2024-25 will bolster resources for the Department to continue responding to NSICOP and NSIRA’s review mandate, as well providing funding for a centrally managed unit to lead Justice’s work in national security and intelligence review.

Background

With the establishment of NSICOP in 2017, and NSIRA in 2019, federal departments and agencies who undertake national security or intelligence activities must now respond to comprehensive external review requirements. To do so, they have set up (or are expanding) the mandate of liaison units to respond to NSICOP’s and NSIRA’s information requests, including the review and provision of documents, written responses to questions, and briefings.

To meet the new external review requirements, departments (including Justice) have relied on internal reallocation (i.e. risk management) of existing resources, at times curtailing their ability to deliver on mandated activities and creating operational gaps.

A lack of capacity to support external reviews has led NSICOP and NSIRA to publicly criticize slow departmental responses to their requests.

Justice’s role in National Security and Intelligence Reviews and current allocation of work

Justice currently allocates review-related work to pre-existing resources.

Justice’s legal services units within the Public Safety, Defence and Immigration (PSDI) portfolio provide legal services to client departments when they are the subject of a NSIRA or NSICOP review. Counsel engages directly or in support of clients with review agencies to clarify, provide information or explanations for a review. Because NSIRA and NSICOP have access to Justice’s advice, there is often significant engagement by Justice in many reviews.

Like other departments, Justice has created a new dedicated review coordination unit (the Issues Management and Review Coordination Unit (IMRCU)) to meet review requirements. IMRCU provides a single window for Justice to effectively manage planned reviews, and support, track and coordinate the implementation of recommendations. IMRCU coordinates with NSIRA and NSICOP, implicated groups at Justice, as well as other departments and agencies.

Within the Public Law and Legislative Services Sector (PLLSS), the Constitutional, Administrative and International Law Section (CAILS), the Human Rights Law Section (HRLS) and the Centre for Information and Privacy Law (CIPL) also provide specialized legal advice and policy advice to several clients on specific questions related to NSICOP and NSIRA requests.

Lastly, Justice Canada also supports the Attorney General of Canada by preparing briefing materials and draft responses to relevant Ministers in response to review bodies reports of possible non-compliance with the law. Justice Canada undertakes a fresh review of the issues raised, which may include re-engaging with previous legal advice and consulting with departmental expert units.

Budget 2023

Budget 2023 identified two years of funding for this proposal for Justice Canada in the amount of $2.1 million in 2023-24, and $2.0 million in 2024-25. However, Justice Canada only sought access to one year of funding ($2.0 million in 2024-25) as impacted Sectors, namely PSDI and PLLSS did not require funding in 2023-24 given delays in staffing. [Redacted]

[Redacted]

Advice to the Minister – Main Estimates Item
Funding for the Office of the Independent Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools (Budget 2022) – increase of $1.4 million in 2024-25

• The Government of Canada is committed to supporting Survivors, their families and communities to help ensure that unmarked graves and burial sites are protected – respectfully and appropriately.
• The Special Interlocutor provided an Interim Report in June 2023; a Final Report will be delivered concurrently to the Minister and to First Nations, Inuit and Métis communities, Survivors and families by the end of her mandate.
• The Special Interlocutor’s mandate supports the advancement of the implementation of the Truth and Reconciliation Commission’s Calls to Action, in particular Calls to Action 71 to 76.
• The work of the Office of the Special Interlocutor contributes to healing as well as furthering meaningful reconciliation with First Nations, Inuit, and Métis.
• Question: Will additional time be required to complete the mandate?
  • Answer: The work of the Special Interlocutor is of crucial importance. We understand that her final report will include comprehensive recommendations that fully capture what she is hearing as the best way forward in respecting and protecting unmarked graves and burial sites. We recognize the significant progress she has made toward her mandate, and we continue to support her in carrying out this critical work and look forward to the release of her final report.
• Question: How will the Government of Canada ensure a meaningful response to the Final Report?
  • Answer: The Special Interlocutor’s recommendations will inform the development of a federal legal framework to ensure the respectful and culturally appropriate treatment of unmarked graves and burial sites connected to former Indian residential schools, and we are committed, through the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan, to act upon the Special Interlocutor’s recommendations.

Funding (in millions of dollars)

Background

• Budget 2022 announced $10.4 million over two years (starting in 2022-23) to support the work of the Office of the Special Interlocutor. A reprofile request was approved to modify the original funding profile to extend it over three fiscal years (2022-23 to 2024-25).
• In June 2022, and with the benefit of discussions with Indigenous communities, leadership and experts, the Government announced the appointment of Kimberly Murray as Independent Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites Associated with Indian Residential Schools. The Special Interlocutor will identify needed measures and make recommendations for a new federal legal framework to identify, protect and preserve unmarked graves and burial sites connected to former Indian Residential Schools.
• The Government of Canada has committed, through the United Nations Declaration on the Rights of Indigenous Peoples Act Action Plan, to act upon the Special Interlocutor’s recommendations, including with a view of aligning federal laws with the UN Declaration (see Action Plan Shared Priorities Measures 107 and 108).
• The Special Interlocutor has adopted an engagement approach focused on building and strengthening trust between Canada and First Nations, Inuit and Métis – one that is trauma-informed and culturally safe.
• The Special Interlocutor has held six National Gatherings (Edmonton, Winnipeg, Vancouver, Toronto, Montreal and Iqaluit), bringing together First Nations, Inuit and Métis Survivors and their families, along with Indigenous leadership, community members and others to hear, document and amplify Survivors’ voices. The Gatherings have facilitated the learning of distinct cultures, traditions and practices, as well as offered a safe and supportive space for the sharing of knowledge and learnings.
• The Special Interlocutor has raised public awareness about the truths of missing children and unmarked burial sites. Her work has also served to educate the broader public, helping to combat denialism.
• The overall total cost of this initiative is $17.8 million over three years. The additional $7.4 million over three years is expected to be sourced from the Department of Justice’s existing reference levels. The surplus in Vote 5 – Contributions was utilized to cover the costs of the Events and Community Participation through Contribution Agreements under the Justice Partnership and Innovation Program.
• This initiative complements other Budget 2022 investments, including:
  • $209.8 million over five years, starting in 2022-23, to Crown-Indigenous Relations and Northern Affairs Canada to: increase the support provided to communities to document, locate, and memorialize burial sites at former Indian Residential Schools; support the operations of and a new building for the National Centre for Truth and Reconciliation; and ensure the full disclosure of federal documents related to former Indian Residential Schools, where possible;
  • $5.1 million to Public Safety Canada to ensure the Royal Canadian Mounted Police can support community-led responses to unmarked burial sites;
  • $25 million over three years, starting in 2022-23, to Library and Archives Canada to support the digitization of millions of documents relating to the federal Day School System, which will ensure Survivors and all Canadians have meaningful access to them; and
  • $25 million over three years, starting in 2022-23, to Parks Canada to support the commemoration and memorialization of former Indian Residential Schools sites.
• Budget 2024 continues to address the shameful legacy of former Indian Residential Schools and proposes:
  • $91 million over two years, starting in 2024-25, to Crown-Indigenous Relations and Northern Affairs Canada, to increase the support provided to communities to document, locate, and memorialize burial sites at former Indian Residential Schools; and
  • $5 million over three years, starting in 2025-26, to Crown-Indigenous Relations and Northern Affairs Canada to establish a program to combat Residential School denialism.
• The Special Interlocutor’s remuneration was determined in accordance with salary ranges and performance pay for Governor-in-Council appointees. Remuneration for members of the Special Interlocutor’s team were determined based on their profession and responsibilities, in accordance with Government of Canada policies governing rates of pay for various job classifications and contracting of services.

Truth and Reconciliation Commission of Canada – Calls to Action 71-76

71. We call upon all chief coroners and provincial vital statistics agencies that have not provided to the Truth and Reconciliation Commission of Canada their records on the deaths of Aboriginal children in the care of residential school authorities, to make these documents available to the National Centre for Truth and Reconciliation.

72. We call upon the federal government to allocate sufficient resources to the National Centre for Truth and Reconciliation to allow it to develop and maintain the National Residential School Student Death Register established by the Truth and Reconciliation Commission of Canada.

73. We call upon the federal government to work with churches, Aboriginal communities, and former residential school students, to establish and maintain an online registry of residential school cemeteries, including, where possible, plot maps showing the location of deceased residential school children.

74. We call upon the federal government to work with the churches and Aboriginal community leaders, to inform the families of children who died at residential schools of the child’s burial location, and to respond to families’ wishes for appropriate commemoration ceremonies and markers, and reburial in home communities where requested.

75. We call upon the federal government to work with provincial, territorial, and municipal governments, churches, Aboriginal communities, former residential school students, and current landowners, to develop and implement strategies and procedures for the ongoing identification, documentation, maintenance, commemoration, and protection of residential school cemeteries or other sites at which residential school children were buried. This is to include the provision of appropriate memorial ceremonies and commemorative markers to honour the deceased children.

76. We call upon the parties engaged in the work of documenting, maintaining, commemorating, and protecting residential school cemeteries to adopt strategies in accordance with the following principles:

i. The Aboriginal community most affected shall lead the development of such strategies.

ii. Information shall be sought from residential school Survivors and other Knowledge Keepers in the development of such strategies.

iii. Aboriginal protocols shall be respected before any potentially invasive technical inspection and investigation of a cemetery site.

Advice to the Minister – Main Estimates Item
Funding to Advance the National Action Plan to End Gender-Based Violence (Budget 2021) – increase of $0.3 million in 2024-25

• As part of efforts to advance the National Action Plan to End Gender-Based Violence, Budget 2021 provided $85.3 million over five years to help ensure access to free independent legal advice and legal representation for survivors of sexual assault and Intimate Partner Violence, as well as to provide additional supports for victims of IPV to navigate the family justice system.
• Budget 2021 also provided $28.4 million over five years to support supervision services for parenting time in cases of separation and divorce, to protect the safety and well-being of children and families.
• These investments support the Government’s commitment to work with provinces and territories to provide free legal advice and support to survivors of sexual assault and intimate partner violence.
• In working with our partners in provinces and territories, a range of new services and programs are being offered across Canada to better support survivors and victims of sexual assault and intimate partner violence to access and navigate the justice system.
• Question: Why has the funding increased by $0.3M this year?
  • Answer: Due to delays in the start date of most projects funded through these investments, less funding was used in 2021-22 than anticipated. The additional $300 thousand for this year represents a redistribution of those unused funds to later years to ensure that we can meet the objectives of this funding.
• Question: How is this funding being distributed across the country?
  • Answer: The funding is available to all provinces and territories, and their partners, including key stakeholder groups such as legal clinics, public legal education and information organizations, and justice professional associations. This approach has ensured a diversity of communities can access supports across the country, including in rural and remote communities, and vulnerable groups including Indigenous and racialized women, 2SLGBTQI+ persons, and official language minority communities.
• Question: With growing concern about the cost of supervised parenting time services, particularly for low-income families, how is this government addressing affordability issues to ensure equal access to these services for all Canadians?
  • Answer: Access to justice should not be determined by financial means. The federal government is committed to supporting provinces and territories in helping community organizations provide access to supervision services for parenting time in cases of separation and divorce, to protect the safety and well-being of children and families.

Funding (in millions of dollars)

Background

Justice Canada Funding

Multi-year funding agreements have been signed in all provinces and territories for the provision of independent legal advice and legal representation (ILA/ILR) for victims and survivors of sexual assault and intimate partner violence (IPV). ILA/ILR is being delivered by provincial and territorial governments, as well as legal clinics and non-governmental organizations. These programs provide accurate, personalized legal information and advice to help survivors and victims understand and exercise their legal options in areas such as civil, family, and criminal law.

Funding agreements have been signed with provincial governments, legal and judicial organizations, and non-governmental organizations supporting activities across all provinces and territories, to improve access to justice for victims of IPV who are involved in the family justice system across Canada. Projects are implementing a range of activities to assist victims of intimate partner violence to access and navigate the family justice system and improve justice system responses.

For example, the National Judicial Institute has received funding to develop an online course for judges in Canada on IPV and family violence in the family justice system. The online bilingual course will be available to all judges in Canada, with a particular emphasis on supporting provincial and territorial court judges who hear most cases that come into the family justice system. The goal of the course is to provide judges with additional knowledge and tools to support increased access to services, address challenges that can arise for families navigating multiple court procedures and promote work towards safe case outcomes for family members.

In British Columbia, funding is supporting the Ministry of Attorney General to pilot a family violence supports innovation hub which will design, implement, and evaluate new family justice services. Specifically, the project consists of three main components: developing a family court support worker program for rural, remote, and northern communities; developing supports for unrepresented victims of IPV during cross-examination in family law court; and improving coordination in concurrent and related family, criminal, and child protection matters.

Supervision services for parenting time has enhanced or has been made available in seven jurisdictions (Saskatchewan, Manitoba, Ontario, Quebec, Nova Scotia, Newfoundland, and Prince Edward Island). Discussions with other provinces and territories are ongoing to ensure this investment is accessible to as many regions as possible.

For example, funding to Manitoba’s Department of Justice is enhancing current supervised parenting time services to alleviate mounting backlogs. Funds are bolstering capacity to assist vulnerable children and their families, extend existing services, introducing innovative solutions, and enhancing access to court-ordered supervised visits throughout the province. This includes addressing the current lack of availability of supervised parenting time services in northern Manitoba.

The Nova Scotia Department of Justice is enhancing its Supervised Access and Exchange Program. The initiative involves expanding the network of service providers, introducing greater flexibility by incorporating nights and weekends, and increasing the capacity to deliver virtual services, particularly in low density areas of the province. These enhancements are designed to broaden accessibility to the program, ultimately contributing to improved safety for participants and enhancing the overall well-being of vulnerable children involved in the family justice system.

Canada’s Strategy to Address and Combat Gender-Based Violence and the Development of a National Action Plan on Gender-Based Violence

The Government of Canada announced, “It’s Time: Canada’s Strategy to Prevent and Address Gender-Based Violence” (the Strategy) in June 2017. The Strategy is the federal government’s response to gender-based violence (GBV), and builds on current federal initiatives, coordinates existing programs, and lays the foundation for greater action on GBV. The Strategy’s initiatives are organized across three pillars: preventing GBV; supporting survivors and their families; and promoting responsive legal and justice systems.

Budget 2021 announced over $600 million in additional funding over five years to build on work addressing GBV in Canada and to advance the development of a National Action Plan on GBV. Of this investment, Justice Canada will spend over $113 million to support the development and enhancement of free ILA/ILR programs for victims of sexual assault and intimate partner violence through the Victims Fund and the Justice Partnership and Innovation Program (JPIP). In addition, funding through JPIP will assist victims of intimate partner violence to access and navigate the family justice system and improve justice system responses to this type of violence. Also, this funding will support provinces and territories to provide supervision services for parenting time and transfers through the Canadian Family Justice Fund.

Federal Victims Strategy

Justice Canada is the lead of the Federal Victims Strategy (FVS), a horizontal federal initiative that was originally launched in 2000 as the Victims of Crime Initiative. The objective of the FVS is to give victims of crime a more effective voice in the criminal justice system. The FVS supports Justice Canada’s mandate to ensure that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice. The FVS reflects the Department’s strategic outcome of providing “a fair, relevant and accessible justice system that reflects Canadian values.” Within the Department, the FVS is led by the Policy Centre for Victim Issues and includes the Victims Fund.

Victims Fund

The Victims Fund is a core component of the Justice FVS, used to advance departmental policy priorities in the area of victims of crime; identify emerging areas of concern and practice; identify and advance promising practises; and advance shared objectives with respect to victim issues with other levels of government and non-governmental stakeholders. It is also one of the few ways the federal government can support victims and survivors of crime due to the constitutional division of powers (e.g. through the provision of grants and contributions to provincial and territorial governments, victim serving agencies and individual victims of crime).

The Victims Fund provides funding supports through a number of program components including: enhancements to provincial and territorial victims services, Child Advocacy Centres, Canadian Victims Abroad, victims’ attendance at Parole Board hearings, victim services and assistance to families of missing and murdered Indigenous women, girls and 2SLGBTQI+ people, supports for Indigenous victims of crime and survivors of violence and measures to enhance trauma-informed services for victims of sexual assault and survivors of human trafficking.

The Justice Partnership and Innovation Program

The JPIP has a long-term goal to contribute to increasing access to the Canadian justice system and strengthening the Canadian legal framework. It funds projects that support a fair, relevant, and accessible Canadian justice system in areas such as access to justice, addressing family violence, and emerging justice issues.

The Canadian Family Justice Fund

Family law is an area of responsibility shared between the federal government and the provinces and territories. The Government of Canada is committed to improving access to justice for families experiencing separation and divorce. An important aspect of this commitment is financial support for family justice services. The overall objective of the Canadian Family Justice Fund is to facilitate access to the family justice system for families experiencing separation and divorce.

Advice to the Minister – Main Estimates Item
Sunsetting of funding for criminal legal aid (Budget 2022) – decrease of $60 million in 2024-25

• The Department of Justice’s Legal Aid Program provides contribution funding to enable the provinces and territories and their legal aid service providers 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.
• Evidenced in the additional funding announcement included in Budget 2024, the Government remains committed to legal aid and ensuring access to justice for vulnerable Canadians, including Indigenous peoples, individuals from Black and other racialized communities and those with mental health and/or substance use disorders, who are disproportionately overrepresented in the Canadian criminal justice system.
• Legal aid is a fundamental component of our justice system which is designed to keep Canadians and their communities safe, while treating people fairly and protecting their rights and freedoms.
• Question: How will the Government deliver on its commitment to ensuring access to justice with a $60 million reduction in criminal legal aid funding?
  • Answer: Budget 2024 renewed $60 million criminal legal aid funding for five years from 2024-25 to 2028-29 to continue supporting the delivery of services to Indigenous peoples, individuals from Black and other racialized communities, as well as those with mental health issues who are overrepresented in the criminal justice system. In addition, Budget 2024 expanded funding from $20 million in 2024-25 and $30 million annually from 2025-26 to 2028-29, to allow legal aid service providers to take targeted actions to increase access to justice and help decrease the disproportional criminalization of these vulnerable groups.
• Question: How will the Government ensure that funding will be equitably allocated across the country and target these vulnerable groups?
  • Answer: Pursuant to current contribution agreements with the provinces and territories, federal funding is allocated according to a needs-based distribution formula developed in collaboration with the provinces and territories. This formula relies on selected socio-economic indicators (persons charged, males aged 12 to 34, Indigenous population and Low-Income Measure) as the most reliable proxies of criminal legal aid demand, and criminal legal aid service provider expenditures as an indicator of service delivery costs.

Funding (in millions of dollars)

Background

While the additional $60 million announced in Budget 2022 will sunset, Budget 2024 announced a renewal of the $60 million over five years (2024-25 to 2028-29), as well as an additional increase of $140 million over the same period. Funding will be delivered through an existing transfer payment program, the Legal Aid Program. Through this program, the Department of Justice Canada (Justice) provides contribution funding towards the cost of adult and youth criminal legal aid services in the provinces, and criminal and civil legal aid services in the territories.

Federal funding for criminal legal aid helps promote fair legal proceedings and ensures access to justice for economically disadvantaged persons, including vulnerable populations (i.e., Indigenous peoples, individuals from Black or other racialized communities, and people with mental health and/or substance use disorders). Provinces and territories are responsible for the delivery of legal aid services, including the type and scope of services provided.

Federal funding for criminal legal aid is allocated according to a needs-based distribution formula co-developed with provincial and territorial partners, which takes into account legal aid demand factors and service delivery costs.

Between 2007 and 2016, federal funding for criminal legal aid remained at approximately $112 million annually. Budget 2016 provided an additional $88 million for criminal legal aid over five years (2016-17 to 2020-21). Beginning 2021-22, an additional $30 million in annual funding maintains annual criminal legal aid base funding at $142.4 million on an ongoing basis. Since 2021-22, additional funding has been received for each fiscal year, targeting specific issues. With the Budget 2024 announcement, total criminal legal aid funding, including ongoing and additional funding (pending Treasury Board and Parliamentary approvals), will total $1.062 billion over five years (2024-25 to 2028-29).

Federal funding is administered through the Agreements Respecting Criminal Legal Aid with the provinces, and the Access to Justice Services Agreements for the territories. The agreements cover the period April 1, 2022, to March 31, 2026, for all jurisdictions, except for Quebec, whose agreement covered the period April 1, 2022, to March 31, 2024. Negotiations with Quebec to finalize a three-year agreement (2024-25 to 2026-27) remain underway.

Advice to the Minister – Main Estimates Item
Proposed ongoing funding to improve access to justice for Indigenous people and families (Budget 2024) – $11.3 million per year starting in 2024-25

• Budget 2024 proposes $56.4 million over five years and $11.3 million per year ongoing to help Indigenous families navigate the family justice system and access community-based family mediation services.
• This also includes increased funding for Indigenous community-based justice programs to address longstanding program integrity needs.
• Funding supports Indigenous communities to address the root issues of family conflict and child custody disputes. This will promote healthier families and community wellness.
• Indigenous peoples continue to face systemic barriers in accessing justice, as victims, offenders, and families. This funding will build on recent actions to address overrepresentation and work to improve Indigenous peoples’ access to justice.
• Question: Why is there no funding to expand Indigenous community-based justice programs to unserved communities?
  • Answer: The immediate priority is to stabilize existing programs. We will be looking to the Indigenous Justice Strategy to guide the priorities for long-term Indigenous justice funding initiatives.
• Question: Why was the courtwork funding renewed at status quo levels without any increases given the demonstrated need?
  • Answer: We continue to work with provinces and territories to match the federal contribution to support family courtwork services.

Funding (in millions of dollars)

Background

Budget 2024 proposes $56.4 million over five years and $11.3 million per year ongoing, to continue improving access to justice for Indigenous people, including victims, offenders, and families to address systemic discrimination and the overrepresentation of Indigenous peoples in the justice system.

This funding is a renewal of sunsetting funds received from Budget 2021 ($27.1 million over three years).

Budget 2024 proposed funding will include three components:

1. Funding to support Indigenous Family Courtwork services to assist those who are navigating the family justice system. Funding agreements to support existing family courtwork services in Alberta, Saskatchewan, Ontario, Quebec, and the Northwest Territories were finalized in the 2023/2024 fiscal year. Officials continue to work with their PT counterparts in other jurisdictions with a view to developing frameworks for expanding into family courtwork services.
2. Funding for civil and family mediation to address community and family conflicts and prevent their escalation, as well as provide opportunities for parents to resolve their disputes, including custody arrangements. A targeted Call for Proposals for Indigenous Justice Program recipients is anticipated to run in fall 2024-2025.
3. Funding to address program integrity pressures in the community-based justice programs supported by the Indigenous Justice Program. Funding agreements with all programs receiving program integrity funding were signed in 2021-2022 following Budget 2021, all agreements will be renewed in 2024-2025.

These investments support the Government of Canada’s response to the National Inquiry into MMIWG’s Calls for Justice, and will help ensure a fairer, stronger, more inclusive, and representative justice system that respects the rights of Indigenous peoples, and protects Indigenous women, girls and 2SLGBTQQIA+ people.

Advice to the Minister – Main Estimates Item
Sunsetting of funding for initiatives to address workplace sexual harassment (Budget 2018) – decrease of $10.9 million in 2024-25

• Budget 2018 announced $50.36 million over five years to address workplace sexual harassment. This funding ended on March 31, 2024.
• The investment supported 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.
• Budget 2024 proposed renewed investment of $30.6 million over three years, starting in 2024-25, to continue supporting legal advice and education services for people who have experienced workplace sexual harassment. This will help to support safe and healthy workplaces and access to justice for people who have experienced sexual harassment in the workplace.
• Question: What were the results of the initial five-year funding investment?
  • Answer: This investment supported 45 projects with non-governmental organizations across all 13 provinces and territories. Projects provided: education; information; access to free legal advice to support individuals to have a better understanding of their rights; and access help if they have been sexually harassed in the workplace.
  • Workplace sexual harassment continues to be pervasive in society. Renewed investments will allow for continued support to employees, especially those most vulnerable, and to employers to create safe and healthy workplaces for all.
• Question: Has the past five-year funding effectively met the initiative’s objectives?
  • Answer: An evaluation was completed in 2022-23, prior to the end date of the projects, therefore final outcomes were not available. However, it concluded that the majority of project designs were comprehensive and responsive to target population needs including women, Indigenous women, people with disabilities, newcomers and immigrants, and 2SLGBTQI+ people who are more at risk of experiencing workplace sexual harassment and allowed for the needs of the general population to be met.

Funding (in millions of dollars)

Background

In Budget 2018, in the context of its goal of “eliminating gender-based violence and harassment” the Government of Canada responded to public and stakeholder concerns relating to sexual harassment in the workplace by investing $50.36 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 was distributed through two existing transfer payment programs at Justice Canada, namely, the Legal Aid Program and the Justice Partnership and Innovation Program (JPIP). Funding in the amount of $25 million over five years (Vote 5) was dedicated to the provision of free legal advice to support complainants of sexual harassment in the workplace. Funding in the amount of $25.36 million over five years ($25.00 million in Vote 5; $0.36 million in Vote 1), was dedicated to developing public legal education and information (PLEI) programs 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.

Through this initiative, Justice Canada funded 45 projects across all 13 jurisdictions. Of these projects four focused solely on the provision of legal advice, with 28 focused on PLEI, and 13 that included both components.

During 2022-23, an evaluation of the initiative was undertaken with overall findings indicating it was well aligned with federal government priorities and federal roles and responsibilities, and noted that projects were on track to meet the needs of target populations. The evaluation was completed prior to the end date of the majority of projects, therefore final outcomes were not available. However, the report concluded that those who have experienced sexual harassment in the workplace need both PLEI and legal advice. It determined that the majority of project designs were comprehensive and responsive to target population needs and allowed for the needs of the general population across Canada to be met, as well as for the inclusion of, and particular focus on, many specific vulnerable groups.

This funding expired at the end of 2023-24, with all projects completed as of March 31, 2024.

Budget 2024 has proposed renewed support for the initiative in the amount of $30.6 million over three years commencing in 2024-25. The renewed investment would maintain the current efforts to increase access to justice for complainants of workplace sexual harassment and support both the Government’s gender equality efforts and the rule of law.

A continuation of this initiative would support complainants of sexual harassment in the workplace across the country, and contribute to creating inclusive, safe, and healthy workplaces for all. In particular, this will support women, Indigenous women, people with disabilities, newcomers and immigrants, and 2SLGBTQI+ people, who are more at-risk of experiencing workplace sexual harassment.

Advice to the Minister – Main Estimates Item
Proposed renewal of funding of Reconciliation Secretariat and to continue engagement on the Indigenous Justice Strategy (Budget 2024) – $25.1 million over three years starting 2024-25

• Budget 2024 proposes to continue to support, for the next 3 years, both the Department’s capacity to advance reconciliation and to provide capacity funding to Indigenous governments, communities, and organizations to enable them to engage with the Department on shared justice priorities, including the development of an Indigenous Justice Strategy.
• As emphasized in the 2021 Speech from the Throne, the Government of Canada remains committed to advancing reconciliation with Indigenous Peoples. This includes accelerating work on the January 2021 mandate letter commitment, reiterated in December of that year, to “develop, in consultation and cooperation with provinces, territories and Indigenous partners, an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous people in the justice system”.
• The development and implementation of an Indigenous Justice Strategy will enhance community safety and wellbeing by addressing the crises of systemic discrimination and Indigenous overrepresentation in the justice system. Moreover, addressing identified gaps in justice programming will enhance access to justice for Indigenous people and reduce recidivism. It will also benefit everyone in Canada to have a justice system that is fair and equally accessible to everyone.
• Question: Who will the Department be engaging to inform the ongoing development of the Indigenous Justice Strategy?
  • Answer: Budget 2024 proposes $12 million over 3 years until 2026-27, to support continued engagement on the Strategy, which could include: broad online validation and targeted engagement with Indigenous partners, provinces and territories on an Indigenous Justice Strategy Key Elements Consultation Draft; co-development of distinctions-based elements of a final Strategy with Indigenous partners; and targeted tripartite collaboration with Indigenous partners, provinces and territories to support regional and distinctions-based implementation.
• Question: What will an Indigenous Justice Strategy address when it is developed?
  • Answer: The Indigenous Justice Strategy Key Elements Consultation Draft, developed by Justice Canada based on the outcomes of the broad engagements undertaken to date, identifies 24 shared priorities for action. The planned validation and co-development processes will build on this consultation draft to create a final Strategy by fall 2024. This final Strategy will address issues that span across the justice system continuum, from prevention to re-integration. This includes restorative and Indigenous justice approaches, the revitalization of Indigenous justice systems and legal traditions, self-governance in the administration of justice and legislative reforms.

Funding (in millions of dollars)

Background

Reconciliation is based on mutual respect and genuine relationships. Deepening the Department of Justice’s capacity by renewing the Reconciliation Secretariat, with its own source of funds for 3 years (until 2026-27) is an act of commitment. It allows the Department to continue to meet regularly with Indigenous groups and representatives and to devote the time needed to advance Indigenous justice priorities, including the development of an IJS. It is also abundantly clear that cooperation and coordination between federal departments is crucial to move forward in a collective and efficient manner, while working alongside Indigenous partners, to make the changes needed to ensure Indigenous peoples are being supported and recognized. Renewed funding to support the Reconciliation Secretariat will ensure that the Department has a dedicated Centre of Expertise able to work cooperatively with other federal departments, as well as provincial and Territorial governments, towards advancing reconciliation in a tangible way.

Engaging with Indigenous governments, communities and organizations is a crucial element in advancing reconciliation. Solutions to issues that impact Indigenous peoples should be developed in consultation and cooperation with Indigenous peoples. Wherever possible, these solutions should be Indigenous-designed and led. The funding proposed through Budget 2024 will be delivered through the Indigenous Justice Program’s Indigenous Engagement Fund, providing a simple mechanism to ensure that Indigenous groups are able to continue to engage with the Department on the development and implementation of the IJS.

Advice to the Minister – Main Estimates Item
Sunsetting of funding for Bringing Innovation to Regulations through the Implementation of the three sectorial Roadmaps – Agri-Food and Aquaculture, Health and Biosciences, and Transportation (Budget 2019) – decrease of $2.9 million in 2024-25

• Budget 2019 provided funding to assist in providing legislative services to support the Canadian Food Inspection Agency (CFIA), Agriculture and Agri-Food Canada (AAFC), and Fisheries and Oceans Canada (DFO), on the implementation of three sectorial roadmaps.
• These roadmaps are: Agri-Food and Aquaculture, Health and Biosciences, and Transportation Sector.
• In November 2023, Treasury Board posted reports that show that significant achievements and progress on regulatory initiatives that were identified in Round 1 and Round 2.
• The Government of Canada launched the Regulatory Reviews in Budget 2018 as part of broader plans to modernize Canada’s regulatory system. Coordinated by the Treasury Board of Canada Secretariat (TBS), working in partnership with other departments and agencies, the Regulatory Reviews examine federal regulatory requirements and practices to uncover and address potential barriers to innovation and economic growth in Canada.
• The Regulatory Review benefits Canadians by making Canada’s regulatory framework more flexible, innovative, transparent, less burdensome, and responsive.
• Question: What were the effect of the global pandemic on the progress of the Regulatory Review?
  • Answer: Several roadmap initiatives were initially delayed or paused, while others were completed to support public health measures. Work on initiatives that were paused resumed as capacity allowed. In addition, some of the innovative temporary regulatory flexibilities have been created to manage the pandemic were made permanent to deal for instance with drug shortages issues.
• Question: With the end of the funding, how will your department support the achievement of the outstanding initiatives?
  • Answer: The underlying focus of all Roadmaps is to advance initiatives that accelerate growth, competition and innovation in the Canadian economy while continuing to uphold Canada’s health, safety, security and environmental objectives.
  • The departments and agencies involved in the Regulatory Reviews are committed to continuing to implement their initiatives and to communicating results to their stakeholders. The Department of Justice will continue to provide specialized legislative services to support their implementation.

Funding (in millions of dollars)

Background

Justice received $20.53M over five years starting in 2019-20 (Vote 1), for a number of FTEs ranging between 15.0 and 40.0 annually to assist in providing legislative services to the Canadian Food Inspection Agency (CFIA), Agriculture and Agri-Food Canada (AAFC), Fisheries and Oceans Canada (DFO), as well as specialized legislative services on the implementation of three sectorial roadmaps: Agri-Food and Aquaculture, Health and Biosciences, and Transportation Sector.

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

The end of the additional targeted funding means that legislative resources funded by some departments have returned to their previous historical levels. The outstanding Regulatory Review regulatory initiatives are being prioritized along with other regulatory initiatives of these departments.

In November 2023, Treasury Board posted reports on the progress of regulatory initiatives achieved or in progress that were identified in Round 1 and Round 2. For instance, final regulations were published in Canada Gazette Part II in relation to:

• food product innovation;
• hatcheries;
• human milk fortifiers;
• supplemented foods;
• fertilizers;
• aquaculture;
• pesticide incident reporting;
• pesticide data protection;
• natural health products labelling; and
• vessels safety certificates.

The following key initiatives have been pre-published in Canada Gazette Part I for consultation:

• Agile therapeutic framework;
• Establishment licences (drugs and medical devices);
• Food Modernization (Food Additives and Compositional Standards, Microbiological Criteria and Methods of Analysis for Food); and
• Remotely piloted aircraft systems.

Looking forward, federal departments and agencies have completed, or are continuing to implement, more than 100 distinct initiatives, representing a comprehensive suite of work to advance regulatory modernization across key sectors and themes. While each individual initiative responds to an identified need, opportunity, or stakeholder concern, the process of conducting a Regulatory Review and the outcomes stemming from the Roadmap also contribute to a broader cultural change within the regulatory community. The Regulatory Reviews have introduced one more tool that departments and agencies can utilize to help new and existing regulations meet current realities and expectations facing Canadians and businesses.

In Budget 2021, the Government of Canada launched a third round of Regulatory Reviews. Topics under this round focus on regulatory modernization related to Canada’s blue economy and supply chains. Like the first two rounds of Reviews, TBS will work with participating departments and agencies to identify opportunities to support economic growth, competitiveness, and innovation through the regulatory framework.

Advice to the Minister – Main Estimates Item
Supporting Renewed Legal Relationships with Indigenous Peoples (CTA 50) (Budget 2024)

• In the context of the Government of Canada’s commitment to implement the Truth and Reconciliation Commission of Canada’s Calls to Action, Budget 2024 proposes funding in the amount of $5.5 million over 3 years starting in 2024-2025, to support the continued development, use and understanding of Indigenous laws and legal systems.
• Through the Indigenous Justice Program, Justice Canada will develop a Call for Proposal to provide funding to Indigenous governments, communities, and organizations, as well as partnered institutions, for Indigenous justice revitalization initiatives across the country. Projects will focus on Indigenous justice research and Indigenous law development.
• This initiative will strengthen Indigenous communities through the development, use and application of Indigenous laws and legal traditions.
• Question: How has previous funding impacted Call to Action 50?
  • Answer: Call to Action 50 funding supported 27 projects that expired March 31, 2024. The funding supported the revitalization of Indigenous laws and access to justice in accordance with the cultures of Indigenous peoples in Canada, including the production of Indigenous justice products, Indigenous revitalization research and Indigenous law education. Initial impacts point to an increased growth in knowledge of Indigenous law, and increased revitalization and access to Indigenous justice furthering the response to the call to action.
• Question: How does this work link to the Indigenous Justice Strategy while supporting Indigenous self-governance and self-determination?
  • Answer: Engagement on the Indigenous Justice Strategy thus far confirms that Indigenous communities across the country are looking to access, develop, and strengthen their administration of justice institutions and to enforce their laws which is a key component in exercising their inherent right to self-government. This work is integral to the Indigenous Justice Strategy as it supports Indigenous peoples’ right to self-determination and self-government, by increasing their involvement in developing, maintaining, and implementing their own jurisdiction, laws, governing bodies, programs, and services in the areas of justice and public safety.

Funding (in millions of dollars)

Background

Call to Action 50: In keeping with the United Nations Declaration on the Rights of Indigenous Peoples, we call upon the federal government, in collaboration with Aboriginal organizations, to fund the establishment of Indigenous law institutes for the development, use, and understanding of Indigenous laws and access to justice in accordance with the unique cultures of Aboriginal peoples in Canada.

Budget 2024 proposes $5.5M over 3 years 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.

• The CTA 50 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 continue to 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.
• 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.

Budget 2019 announced funding in the amount of $10M over five years starting in 2019-20 for the implementation of CTA 50. This funding flowed through contributions under the Justice Partnership and Innovation Program transfer payment program.

• 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.
• 27 recipients were funded under this initiative from 2019-20 to 2023-24.

Advice to the Minister – Refocusing Government Spending (Budget 2023)

• Budget 2023 announced spending reductions of $14.1 billion over five years (2023-24 to 2027-28) and $4.1 billion annually thereafter. These reductions fall into two categories:
  • reductions of $7.1 billion over five years and $1.7 billion annually thereafter in spending on consulting, other professional services and travel;
  • reductions of $7 billion over four years and $2.4 billion annually thereafter in spending on operations and transfer payments.
• The ongoing reduction for the Department of Justice is $15.1 million starting in 2026-27 ($11.9 million in operating expenditures and $3.2 million in grants and contributions).
• Justice Canada is implementing reductions in professional services and travel, which started in 2023-24.
• For this fiscal year, the reduction is $6.7 million ($5.6 million in operating expenditures and $1.1 million in grants and contributions). The reduction in operating expenditures focus on using technological advances and investments already made by the Department.
• The Department is confident that reductions will not significantly impact employees. If a reduction in positions is needed to achieve the savings, it will be managed along with anticipated departures.
• Question: How will the Department implement the travel and professional services reductions?
  • Answer: The Department has focused on reducing discretionary spending by optimizing our existing workforce and seizing new opportunities to carry out our work. Reductions in professional services have focused mainly on finding alternative ways of achieving results. For example, the Department has piloted a new translation tool to reduce dependency on external service providers. The use of new and emerging technologies implemented over the last few years has allowed employees to continue to work differently and virtually, enabling the Department to reduce travel costs while also benefiting from technology-enabled participation in events, engagements and learning that was not possible in the past.
• Question: Describe how the Department of Justice approached this reduction exercise?
  • Answer: Justice approached the reduction exercise from the angle of efficiency gains, new ways of working, ongoing service excellence, and strategic considerations aimed at minimizing the impact on our people, our clients, our stakeholders, and Canadians.
  • First and foremost, we made the decision to protect our core business – the front-line services provided to other Departments.
  • Second, we looked at business lines that are not part of our core business to assess whether it made sense to continue.
  • Then we looked at our organizational structure to see if it still made sense, as well as areas where savings could be made without having an adverse impact on services to Canadians.
  • For Grants and Contributions, we focused on programs where we are confident that these reductions will have no impact on Canadians.
  • Finally, we looked at areas where we could use technology to be more efficient.

Funding Reductions (in millions of dollars)

Advice to the Minister – Main Estimates Item
Funding for Gladue Principles – Systemic and Community-led Responses to Address Overrepresentation of Indigenous People in the Criminal Justice System (2020 Fall Economic Statement) – $49.3 million over 5 years starting in 2021-22, and $9.7 million ongoing

• The 2020 Fall Economic Statement provided $49.3 million in funding to increase the application of Gladue Principles in the criminal justice system to help address the overrepresentation of Indigenous peoples and address systemic discrimination.
• This funding supports time-limited projects focused on addressing systemic barriers and bias in the criminal justice system.
• This investment also includes ongoing funding to expand the use of Gladue reports and community-based Indigenous-led post-sentence Gladue aftercare.
• Question: How would you respond to those that consider Gladue Reports a “get out of jail free card” for offenders?
  • Answer: Gladue Reports are not about a reduced sentence, but rather providing the necessary information to determine an appropriate sentence to support a better chance of success. Additionally, the funding for Gladue aftercare supports will help offenders address the root causes of their offending and reduce the risk of future harm.
• Question: The MMIWG Calls for Justice included developing National standards for Gladue Reports. How will the federal government ensure the quality of reports?
  • Answer: The production of Gladue reports falls within provincial jurisdiction for administration of justice, so the federal government is not in a position to impose standards. However, the increased funding for Gladue reports will increase the capacity necessary for properly developing Gladue reports across the country including the training of Gladue report writers.

Funding (in millions of dollars)

Background

In the 2020 Fall Economic Statement, the Government of Canada provided an investment of $49.3 million to support the implementation of Gladue Principles in the mainstream justice system and Indigenous-led responses to help reduce the overrepresentation of Indigenous peoples in the criminal justice system.

This funding supports the following three key components:

1. Gladue report writing with provinces and territories through the Indigenous Courtwork Program (ICW). Since the funding announcement in 2020-21, funding agreements to support the development of Gladue reports have been finalized in British Columbia, Alberta, Yukon, Quebec, Ontario, Nova Scotia, and Prince Edward Island. ICW continues to work with organizations in Manitoba, New Brunswick and Newfoundland and Labrador to develop frameworks for the development of Gladue Reports.
2. Funding Indigenous community programs through the Indigenous Justice Program (IJP) to provide post-sentence Gladue aftercare/casework. This funding will support individuals who have had a Gladue report in meeting the conditions of their sentence and implementing healing recommendations. IJP is currently working with existing IJP programs and new Indigenous community partners to support the delivery of aftercare/casework. Since the funding announcement, the IJP has funded 41 programs in British Columbia, Alberta, Saskatchewan, Ontario, Quebec, Yukon, Northwest Territories, Nunavut, Newfoundland and Labrador, Nova Scotia, and Prince Edward Island. IJP will continue to work alongside ICW to support the roll out of Gladue funding to Manitoba and New Brunswick over the upcoming FYs.
3. Funding through the Indigenous Justice Program 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). A Call for Proposals for this initiative closed in August 2021. The Department of Justice has signed 34 funding agreements, and funding ends in 2024-2025.

The implementation of Gladue Principles in the criminal justice system is also a key federal initiative in the Government of Canada’s Federal Pathway to Address Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People. This work will further support the Government of Canada’s efforts to advance reconciliation with Indigenous peoples in Canada, eliminate systemic discrimination from the justice system, and respond to the Truth and Reconciliation Commission’s (TRC) Calls to Action.

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