Criminal Justice Program

The criminal justice program includes the responsibility to monitor trends in the criminal law, develop and implement options for criminal law reform, provide advice to other departments in matters related to the criminal law, and serves as the centre of expertise for criminal law and procedure, criminal justice policy and sentencing. It provides the capacity to advise the Minister and senior officials on emerging criminal justice issues and consults with provincial and territorial officials responsible for criminal justice and with international and non-governmental organizations involved with criminal justice matters. The Program is staffed by lawyers and other professionals with varying backgrounds, including former Crown Prosecutors and defence counsel.

The Program’s work includes monitoring the implementation and application of the law, identification of trends and concerns, identification of options for reform, and where reforms are needed, the legal and criminological development of reforms and all tasks associated with amending legislation from initial consultations, Memoranda to Cabinet, drafting of amendments, support throughout the Parliamentary process through to Royal Assent, proclamation and implementation (e.g. training, public legal education) and finally monitoring and assessing the impact of the reforms.

The Program also encompasses a range of international criminal justice issues including: the advancement of Canadian interests and values in the development of global anti-crime and terrorism measures; the evaluation of other states’ compliance with international instruments; and, sharing of our expertise with other nations, including by contributing criminal law-related technical assistance and capacity-building expertise.

The Criminal law applies throughout Canada and has an impact on the lives of the people of Canada whether or not they are directly impacted. It is reflected in a multitude of laws for which the Criminal Justice Program is responsible, including:

• Criminal Code;
• Canada Evidence Act;
• Identification of Criminals Act;
• Security of Information Act;
• Crimes Against Humanity and War Crimes Act;
• Corruption of Foreign Public Officials Act;
• Extradition Act; and
• Mutual Legal Assistance in Criminal Matters Act.

The Section is also involved in the development of other related criminal statutes, such as the Controlled Drugs and Substances Act.

Ensuring a "fair, relevant and accessible justice system that reflects Canadian values" requires continuous law reform activities to fulfill the commitments and top priorities of Government, and vigilance in monitoring the effective implementation and enforcement of criminal laws and policies, anticipating and responding to the need for changes to laws to address the ever-changing legal, social, technological and moral issues facing Canadians.

The criminal justice program develops laws and policy informed by research, case law, awareness of emerging issues and approaches throughout Canada and in other common law countries, and informed by consultations with stakeholders, including the Provinces and Territories and non governmental organizations (e.g. the bar, police, service providers, advocates, academics).

Specific Themes under which the program carries out its responsibilities:

Criminal Procedure:

Criminal procedure frames the operation of the criminal justice system, from the arrest of a person to the sentencing phase of the trial. It is explicitly mentioned in subsection 91(27) of the Constitution Act as falling under the exclusive legislative authority of Parliament. The Criminal Justice Program offers a center of expertise on criminal procedure. It monitors emerging issues and performs the policy work necessary to identify and develop options for reform, including legislative amendments, to ensure that the criminal justice system remains fair, accessible, modern and effective. This work is informed by regular discussions and consultations with criminal justice system stakeholders, including the Provinces and Territories, which are responsible for the administration of justice.

Legal Advice:

The program supports the Minister’s mandate to advise the Government of Canada on criminal law issues by providing legal opinions on a full range of criminal law issues. Advice is typically requested by departmental legal services counsel on behalf of their clients. The nature of the advice sought varies considerably but commonly involves such things as enforcement powers, questions about criminal procedure and the distinction between criminal and regulatory offences.

Police Powers:

Investigative powers used by Canadian police and federal law enforcement officer to combat crime and enforce federal statutes are contained in the Criminal Code and found in the common law. Whether the police in Canada are federal or provincial, their criminal enforcement powers fall under federal jurisdiction.

Organized Crime:

The Program provides the policy centre for the ongoing development and monitoring of domestic Criminal Code provisions used to address organized crime activities, especially those provisions specifically targeted to offences committed for the benefit of, at the direction of, or in association with criminal organizations. Internationally, it provides participation in the ongoing development and implementation of international instruments addressed to organized crime.

High Tech Crime:

Technological advances pose a significant challenge to law enforcement. This program reviews the legislative and policy framework to ensure law enforcement has the ability to combat all forms of cyber-crime, and that they have the appropriate legal tools to investigate all types of crimes committed with the aid of new technologies. This review also supports the ongoing efforts of Canada’s allies within the G8 and the Council of Europe to fight cyber-crime, cross-border crime, transnational organized crime and terrorism. Research efforts, assessments, proposals for reform and advice are provided in a manner that enhances public safety and also protects the privacy of Canadians in the 21st century.

Security, Terrorism and Governance:

This Section provides legal and policy advice and participates in the development, drafting and implementation of domestic legislative, regulatory or other measures in the security, terrorism and governance areas. The Section also participates in the negotiation of international instruments (e.g. the United Nations Convention against Corruption); implements international conventions into Canadian law in these and related areas; is active in international expert committees, especially in relation to terrorism and corruption; participates on international anti-corruption review mechanisms and provides technical assistance to other countries.

The Section’s work in this area includes the lead policy role in relation to such legislation as the Canada Evidence Act, as well as the Crimes Against Humanity and War Crimes Act, and the Corruption of Foreign Public Officials Act. The Section advises the Minister of Justice on key developments in the area of security, terrorism and governance, provides ongoing support to the Cross-Cultural Roundtable on Security, conducts public consultations and outreach and provides litigation support in respect of constitutional challenges containing a national security component.

Social and Moral Issues:

The Program provides criminal law and policy expertise and advice on social and moral issues. These issues are diverse and include: sexual morality issues such as sexual assault and exploitation, obscenity, pornography including child pornography, prostitution; medical-legal issues such as abortion, euthanasia, assisted suicide, mental disorder and HIV/AIDS; general issues such as gambling and hate crime and racism; and issues related to the protection of vulnerable groups including trafficking in persons, violence against women and children, and polygamy. Notwithstanding the diversity of these issues, they typically engage values and beliefs that define Canadian society and, accordingly often engage broad public and Parliamentary interest and debate.

Substantive Criminal Law and Evidence:

In support of the Department’s mandates to develop and implement options for criminal law reform and provide advice to other departments in matters related to the criminal law, the program is the center of expertise in the rules and principles governing criminal responsibility. These rules and principles dictate fundamental matters such as how criminal offences are structured, the elements they must contain, how people can be held liable for assisting in the commission of crimes by others, and the availability of defences which excuse a person from liability for conduct that would otherwise be criminal. Advice on the dividing line between pure criminal law and quasi-criminal offences which may be enacted in federal regulatory legislation, such as legislation in relation to the environmental, transportation or product labelling, is also provided. The program also provides policy development and legal expertise in relation to the law of evidence, which sets out the rules governing the admissibility and use of testimony, exhibits and documents in court proceedings.

International Criminal Justice:

Globalisation and technological advances have led to a rapid increase in transnational crime that threatens the security of Canadians, which cannot effectively be dealt with by domestic means alone. The program recognizes the need for a coordinated international response and enables the Government of Canada to advance Canadian interests and values in the development of global anti-crime and terrorism measures. This includes participation in ongoing intergovernmental fora (e.g., the United Nations Commission on Crime Prevention and Criminal Justice) and expert working groups (e.g., the Roma/Lyon Group in the G8) where experiences and expertise are shared and where best practices and lessons learned may be developed.

The program also enables Canada to assist other countries with domestic crime problems that can affect regional security and stability and the safety of Canadians at home and abroad. Governments and justice system stakeholders in Canada and other countries are increasingly looking to learn from international examples. Countries with effective justice systems and ministries, such as Canada, are being approached for advice, information, guidance and training by others that want to improve their own systems of justice and their good governance. This includes the development and delivery of technical support in relation to the ratification or accession by other countries, as well as the evaluation of other states’ compliance with international instruments.

Victims:

The federal role focuses on the criminal law as set out in the Criminal Code and other statutes. The mandate of the Federal Victim Strategy derives from the Government Response to recommendations contained in the Report of the 1998 Standing Committee on Justice and Human Rights, Victims’ Rights – A Voice, Not a Veto, the 1988 and 2003 Canadian Statement of Basic Principles of Justice for Victims of Crime, and the Government’s commitments to enhance the role of and services for victims. Leadership is also demonstrated through a significant commitment to a research program on victims of crime which is working to fill gaps in our understanding of the needs of victims as well as how Criminal Code provisions related to victims operate.

Sentencing:

The sentencing of persons convicted of criminal offences is an area of significant public and media interest. It is accordingly a priority issue for the government. The Program provides support to the Minister in monitoring sentencing patterns and developments in the courts and providing policy advice on possible legislative reforms on a range of issues including maximum and minimum sentences, community-based alternatives to imprisonment, dangerous offenders, parole ineligibility issues, sentencing principles, fines and restorative justice. The Program also advises all federal departments on proposed penalty regimes in federal legislation. In addition, it has provided technical assistance on sentencing reform to a number of developing nations.