2013–14 Departmental Performance Report

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Section II: Analysis of Programs by Strategic Outcomes

Strategic Outcome 1: A Fair, Relevant and Accessible Canadian Justice System

Ensuring that the Canadian justice system is fair, relevant and accessible is a responsibility that does not lie with the Department of Justice alone – rather, it involves a broad range of players, including Parliament; the judiciary; federal departments and agencies; partners in provincial, territorial and municipal governments; a broad range of non-governmental organizations and stakeholders; and, ultimately, all Canadians. The Department plays a major part in this by carrying out its fundamental role in establishing, maintaining and refining the Canadian legal framework.

Program 1.1: Stewardship of the Canadian Legal Framework

Description

Under Canada’s federal system, the administration of justice is an area of shared jurisdiction between the federal government and the provinces. Through this program activity, the Department fulfils its responsibility to ensure a bilingual and bijural national legal framework for the administration of justice by developing policies and laws, and testing innovative approaches to strengthen the framework within the following domains: criminal law, youth criminal justice, sentencing, marriage and divorce, access to justice and Aboriginal justice. This program activity also includes significant ongoing funding to provinces and territories in support of their responsibility for the day-to-day administration of justice.

Budgetary Financial Resources (Dollars)
2013-14
Main Estimates
2013-14
Planned Spending
2013-14
Total Authorities Available for Use
2013-14
Actual Spending (authorities used)
2013-14
Difference (Actual minus Planned)
380,483,738 383,740,200 397,222,148 382,305,605 -1,434,595
Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
316 276 -40
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Canadians are confident in their national justice system Canada’s international ranking with respect to fairness of the justice system 10Table note 1 9
Percentage of Canadians who rate the accessibility of the Canadian justice system as "good" or "very good" 80 Not AvailableTable note 2
Table note 1

The Department’s performance target is an international ranking of 10th place or better for Canada. This measure is new in 2013-14.

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Table note 2

Accessibility of the Canadian justice system is a shared responsibility between the Department of Justice and many other federal and provincial players. This measure was not used as it cannot be interpreted as a reflection of any single organization’s performance.

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Performance Analysis and Lessons Learned

In 2013-14, the Department spent more than $382 million on the Stewardship of the Canadian Legal Framework Program and employed 276 FTEs. These resources were allocated to activities aimed at enhancing the personal safety of citizens; supporting youth justice, family justice and drug treatment court programs; and promoting public legal education and information (PLEI). Departmental resources were also devoted to improving access to justice, and ensuring that the justice system is fair and culturally sensitive to the needs of Aboriginal people and individuals living in the territories.

The first evaluation of the Criminal Law Policy Function, completed in 2014, confirmed that this function directly and effectively supports the Government’s criminal justice priorities. To enhance Canadians' confidence in the justice system, the Department will continue to improve outreach with key partners and the effective and efficient alignment of resources to meet new priorities.

With the aim of enhancing effectiveness and efficiency, the Department implemented an initiative to improve its Grants and Contributions Information Management System. The majority of improvements have been developed and are scheduled to be implemented in 2014-15.

Sub-program 1.1.1: Criminal Justice

Description

The Department develops and coordinates all federal policy and legislation in the area of criminal law, including monitoring developments in criminal law and policy, procedure, security and terrorism, and sentencing; the development and implementation of options for criminal law and policy reforms, including through legislation; and, the provision of advice to other departments in matters related to the criminal law. The Department works closely with the provinces and territories in support of their responsibility for the day-to-day administration of justice. The Department also responds to parliamentary business involving criminal law matters, including government bills, private members' bills and parliamentary reviews. Through its criminal justice expertise, the Department supports the Government's international priorities related to justice – namely, the provision of policy advice in the development of Canada's international justice policies, the negotiation and implementation of international norms dealing with global crime and security issues, as well as the provision of technical assistance to foreign countries seeking to reform their justice systems.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
191,592,561 186,754,322 -4,838,239
Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
137 128 -9
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Canadians' personal and property safety is protected by relevant criminal law Percentage of Canadians reporting to be "somewhat" or "very satisfied" with their personal safety 90Table note 3
(by March 2015)
92.7
Percentage of Canadians who rate their level of confidence in the adult criminal justice system as 6.0 or greater on a 10-point scale 60
(by March 2015)
50.5Table note 4
Percentage of Canadians who rate their level of confidence in the youth criminal justice system as 6.0 or greater on a 10-point scale 60
(by March 2015)
39.7Table note 4
Table note 3

The Statistics Canada 2009 General Social Survey, which is published every five years, provides the data for this indicator.

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Table note 4

These results reflect the 2011-12 public opinion data on confidence in the criminal justice system and are the most recent figures available.

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Performance Analysis and Lessons Learned

In 2013-14, the Department allocated over $186 million and 128 FTEs to the area of criminal justice. With respect to the performance indicators regarding confidence in the criminal justice system, the results presented reflect 2011-12 public opinion data, which are the most recent figures available. The Department’s capacity to achieve the stated targets by March 2015 is very much dependent on a network of partners across the country, as the justice system in Canada is a shared responsibility between the federal government and provincial and territorial governments. Justice will continue to collaborate and work with its partners in support of the Government of Canada’s priorities of cracking down on crime and supporting victims of crime.

Following their successful renewal in 2012-13, the Youth Justice Services Funding Program and the Intensive Rehabilitative Custody and Supervision Program funding agreements were implemented with all provinces and territories for the period of April 1, 2013, to March 31, 2018.

Results from the 2014 Criminal Law Policy Function Final Evaluation Report reflect the success of the Department’s efforts in enhancing Canadians' confidence in the justice system. The evaluation concluded that the Department’s criminal law and policy functions are closely aligned with the Government’s priorities; that the Department is effectively collaborating with stakeholders and partners; and, that expected outcomes are being met. Areas for improvement included outreach, information sharing, feedback, and the alignment of resources to more effectively and efficiently address demands for services, including new priority issues.

The Drug Treatment Court Funding Program continues to provide funding support to six pilot sites (Toronto, Vancouver, Edmonton, Regina, Winnipeg and Ottawa).

Sub-sub-program 1.1.1.1: Youth Justice

Description

The Department takes a multi-faceted approach to emerging youth justice issues and to enabling greater community and citizen participation in the youth justice system. The Department is responsible for the legislative framework governing the youth justice system (i.e., the Youth Criminal Justice Act), and provides grants and contributions funding to provinces, territories, other levels of government and community stakeholders to support programming that encourages a fairer and more effective youth justice system. The Department administers three youth justice transfer payment programs : the Youth Justice Fund, the Youth Justice Services, and the Intensive Rehabilitative Custody and Supervision Program.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
165,358,865 166,303,051 944,186Table note 5
Table note 5

Planned spending for 2013-14 was based on financial information from December 2012. At that time, the Department was in the continuing process of implementing the Deficit Reduction Action Plan. Once the Budget was finalized, additional expenditures were incurred in support of the Department's priorities.

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Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
79 76 -3
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
A youth justice system that supports federal youth justice priorities Percentage of youth court cases receiving a non-custodial sentence 85 85Table note 6
Percentage of identified, eligible Intensive Rehabilitation Custody Supervision cases receiving specialized treatment 100 100Table note 6
Table note 6

This measure is new in 2013-14.

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Performance Analysis and Lessons Learned

In 2013-14, the Department allocated over $166 million and 76 FTEs to the area of youth justice to address emerging youth justice issues and to encourage greater community and citizen participation in the youth justice system. Through the Youth Justice Services Funding Program (YJSFP) and the Intensive Rehabilitative Custody and Supervision (IRCS) Funding Program, provinces and territories received funding to provide a range of youth justice programs and services that target young persons in conflict with the law. More specifically, the YJSFP directed federal funding towards programs and services that encourage timely and proportionate accountability measures for unlawful behaviour; effective rehabilitation and reintegration of young persons; and formal court processes, detention and custody for the most serious offenders.

With respect to the IRCS program, federal funding was provided to specialized services required for the implementation of the program’s sentences pursuant to paragraph 42(2)(r) of the Youth Criminal Justice Act. Additional funding was provided to further support other sentencing options applicable under the Act for serious violent youth offenders with mental health problems.

The Department met its performance targets, and ensured that the youth system supports federal youth justice priorities and advances programming to address guns, gangs and illicit drug use. By working collaboratively with its partners and stakeholders towards achieving its expected results, the Department played a key role in encouraging a more effective youth justice system that better reflects Canadian society.

The most recent evaluation of initiatives in the area of youth justice was performed in 2011, with the Evaluation of the Youth Justice Initiative Funding Components. The Department continues to implement its action plan and monitor improvements with respect to collaboration with provinces and territories and access to information for funding applicants. Following their successful renewal in 2012-13, the YJSFP and IRCS program funding agreements were implemented with all provinces and territories for the period April 1, 2013, to March 31, 2018.

Sub-sub-program 1.1.1.2: Illicit Drugs

Description

The Department takes a multi-faceted approach in relation to drug laws and related initiatives. This approach includes the National Anti-Drug Strategy (NADS), which is a horizontal initiative led by the Department of Justice working in collaboration with 11 federal departments and agencies. The Strategy coordinates and funds efforts to prevent illicit drug use, treat dependency, and reduce the production and distribution of illicit drugs. This includes assessing the need for, and developing proposals for law reform to address drug crime, improving strategies for enforcement, and ensuring effective and strong penalties for serious drug crime. Under the Treatment component of NADS, the Department manages the Drug Treatment Court Funding Program, which addresses the challenges created by drug-addicted offenders in the criminal justice system. The objectives of this program are to promote and strengthen the use of alternatives to incarceration for drug-addicted offenders, to build knowledge and awareness about drug treatment courts; and to collect information and data on the effectiveness of drug treatment courts.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
4,619,813 4,172,208 -447,605Table note 7
Table note 7

The difference in Planned versus Actual Spending is due to unspent allocations of Drug Treatment Court funding recipients and as a result of the implementation of Budget 2012 savings measures.

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Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
5 3 -2
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
In support of the treatment component, eligible adult offenders are supported to address their drug dependencies Percentage of participants retained for six months in federally funded Drug Treatment Court programs 25 51Table note 8
Percentage of Drug Treatment Court participants receiving a clear drug screening result 75 55Table note 8
Table note 8

This measure is new in 2013-14.

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Performance Analysis and Lessons Learned

In 2013-14, the Department allocated over $4 million and three FTEs to support eligible adult offenders in addressing their drug dependencies. The first performance indicator was met, with over 50 percent of participants retained for six months in Drug Treatment Court (DTC) funded programs. Continuous intake to DTC programs will impact the percentage of participants attaining clean drug screens. Given that 49 percent of participants were relatively new in the DTC treatment process (less than six months), it is not unexpected that the target of 75 percent for clear drug screening results was not met.

In 2013-14, the Department continued to implement the DTC funding program with the goal of providing individuals with a drug addiction the opportunity to benefit from court-monitored treatment and community service support. This program continued to provide funding to six DTC pilot sites (Toronto, Vancouver, Edmonton, Regina, Winnipeg and Ottawa). The DTC Program is currently examining potential efficiencies through closer collaboration with provincial and territorial governments.

In addition, the Department continued to provide legal and policy advice and supported the progress and passage of key law reform bills related to illicit drugs. Efforts included continuing to lead the National Anti-Drug Strategy (NADS) and working with stakeholders on amending the Controlled Drugs and Substances Act and developing a national strategy on prescription-drug abuse.

Evaluations under this sub-sub-program include:

Justice and its 11 federal NADS partners continued to carry out activities in response to the recommendations of the 2012 NADS Evaluation. The 2013 Speech from the Throne announced that NADS would be expanded to include prescription-drug abuse. Budget 2014 committed $44.9 million over five years to address this important area. These resources and initiatives will enable the Department to further prevent and discourage illicit drug use and the misuse of prescription drugs in Canada.

Sub-sub-program 1.1.1.3: Victims of Crime

Description

The Department seeks to give victims of crime a more effective voice in the criminal justice system. The Department applies a “victims' lens” to all criminal law reform and criminal justice policy development for which the Department of Justice is responsible, and collaborates with other federal departments to ensure a consistent approach to victims' issues. Grants and contributions funding is provided through the Victims Fund to provincial and territorial governments and non-governmental organizations, in order to encourage projects and initiatives that promote access to justice for victims of crime, enable victim participation in the criminal justice system, and to support increased awareness about victims issues and available services. In addition, the Department provides financial assistance to victims within its mandate; conducts research and funds surveys; develops public information; and sponsors special projects.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
20,697,329 15,891,353 -4,805,976Table note 9
Table note 9

The difference in Planned versus Actual Spending is due to the implementation of Budget 2012 cost-savings measures. Justice Canada continues to work with victim stakeholders to maximize the use of available funds.

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Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
49 46 -3
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Victims of crime have a more effective voice in the criminal justice system Percentage of victims receiving financial assistance who report having a more effective voice in the criminal justice system 75 85Table note 10
Percentage of applicants (registered victims) who receive funding to attend Parole Board of Canada hearings 90 99Table note 10
Percentage of applicants who receive financial assistance as a result of being victimized abroad 80 97Table note 10
Table note 10

This measure is new in 2013-14.

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Performance Analysis and Lessons Learned

The Department continued to lead the Federal Victims Strategy, which advances policy, legislation, and public awareness activities and programming to give victims a more effective voice in the criminal justice system.

Several national initiatives related to victims' rights and the accessibility of services were advanced. Throughout 2013-14, the Department of Justice collaborated with federal colleagues across government to undertake comprehensive efforts to support the Government of Canada’s commitment to draft a Canadian Victims Bill of Rights, tabled in April 2014 (Bill C-32). Bill C-37, the Increasing Offenders' Accountability for Victims Act, which came into force on October 24, 2013, amended the victim surcharge provisions in the Criminal Code to increase provincial and territorial revenue to help fund programs and services for victims of crime. In collaboration with a National Organizing Committee composed of victim advocates and service providers, the Department organized and designed the eighth annual National Victims of Crime Awareness Week in April 2013, with the theme “We All Have a Role.” Funding was made available through the Victims Fund to organizations across the country to host 177 local and regional events, and the Department hosted the annual Federal Symposium launch in Ottawa.

The Department also continued to engage key stakeholders, including the Federal-Provincial -Territorial (FPT) Working Group on Victims of Crime and provide a “victim’s lens” to various FPT sub-committees working on aspects of Aboriginal justice, including violence against Aboriginal women, restorative justice, human trafficking and family violence.

Victim-focused research undertaken in 2013-14 focused on the cost of violent victimization, sexual assault and third party records, victims' rights, and children’s advocacy centres. The annual Victims of Crime Research Digest was completed and disseminated to stakeholders.

Victim participation in the criminal justice system was enhanced through the Victims Fund, of which $10.8 million was used for the delivery of assistance, programs and services for victims of crime in 2013-14.

The coordinated use of multiple policy instruments including legislation, grants and contribution funding, FPT collaboration, research and national awareness activities has proven to be key to the realization of the Federal Victims Strategy.

Sub-sub-program 1.1.1.4: Integrated Market Enforcement Teams Program

Description

The Integrated Market Enforcement Teams (IMET) Program involves the Department of Justice Canada, Finance Canada, the Public Prosecution Service of Canada, Public Safety Canada and the Royal Canadian Mounted Police. The purpose of IMET is to effectively enforce the law against serious criminal capital market fraud offences in Canada, and ultimately to contribute to improved Canadian and international investor confidence in the integrity of Canada’s capital markets. Its main activities include the prevention, investigation and prosecution of serious criminal market fraud. Through the Reserve Fund, the Department of Justice encourages provinces to participate in the IMET Program and to play a role in the prosecution of IMET-generated cases by providing funding to provincial attorneys general to defray exceptional costs related to these prosecutions.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
916,554 387,710 -528,844Table note 11
Table note 11

The difference in Planned versus Actual Spending is due to the reduced volume of applications relating to market enforcement cases reaching the prosecution stage in 2013-14.

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Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
4 3 -1
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Market fraud cases are effectively prosecuted in order to maintain confidence in Canadian capital markets Number of stays due to lack of funding for eligible exceptional costs 0 Not available. Please see Performance Analysis and Lessons Learned section below.
Percentage of eligible exceptional costs that are funded 100 Not available. Please see Performance Analysis and Lessons Learned section below.
Performance Analysis and Lessons Learned

Given no applications were submitted in 2013-14, performance analysis is not available. However, the IMETs Reserve Fund will remain available pending requests from provincial attorneys general.

Sub-program 1.1.2: Family Justice

Description

The Department provides analysis, advice and litigation support in areas of marriage, divorce, and child support and custody and access enforcement. The Department develops and implements policy and program initiatives and family law reforms in consultation with provinces and territories. The Department also delivers services that assist in the enforcement of support orders and agreements and the detection of duplicate divorce proceedings. The aim of departmental family justice activities is to contribute to the development and maintenance of a family justice system which considers the best interests of the child, and that facilitates access to justice and encourages parents to comply with their family obligations.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
26,561,331 25,971,045 -590,286
Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
81 70 -11
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Families experiencing separation and divorce are supported by federal enforcement activities Number of tracing applications to help find parents in default 21,000 37,132Table note 12
Total amount of federal monies garnisheed or diverted to help pay family support $140 million $170.9 millionTable note 13
Table note 12

In 2012-13, there were 35,611 tracing applications.

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Table note 13

In 2012-13, the total amount of federal monies garnisheed or diverted to help pay family support equaled $165.2 million.

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Performance Analysis and Lessons Learned

In 2013-14, the Department spent over $25 million and devoted 70 FTEs on family justice activities. Part of these resources allowed the Department to exceed its performance targets, ensuring that families experiencing separation and divorce are supported by federal enforcement activities.

The Department continued implementing the Supporting Families Experiencing Separation and Divorce Initiative, and obtained renewal of the initiative until March 2016 for federal operations, and March 2017 for provincial-territorial funding. The program was evaluated in 2014, and the evaluation concluded that it had been administered economically and efficiently and had achieved its objectives.

In addition, the Department’s Business Recovery Plan for the Family Orders and Agreements Enforcement Assistance system was tested. The Department’s Family Law Assistance Services increased the use of sustainable program delivery mechanisms with its partners through the electronic exchange of data and supporting documents.

Shortly after implementing revised Central Registry of Divorce Proceedings (CRDP) Regulations in 2013, the Department developed a new registration form that allowed for electronic reading of data to minimize manual data entry errors and to address backlogs. Online access to the CRDP system was provided to one court, but delays attributable to a new Shared Services Canada gateway delayed expansion to other courts.

The Department managed 28 funding agreements with provinces, territories and non-governmental organizations, and 100 percent of available resources under the Supporting Families Fund supported the delivery of family justice services and the development of family law public education information and training.

As part of ongoing efforts to improve access to justice and address family violence, the Department continued to work on developing law reform proposals, supported major litigation files, and supported public legal education and information activities. Following the 2013 Speech from the Throne, the Department enhanced its efforts to address early and forced marriage in Canada, including through project funding under the family violence fund and a workshop with shelter-service providers.

Finally, the Department developed new tools to support families experiencing separation or divorce. These include the What Happens Next? calendar for 2014-15; the parenting guide Making Plans; a report entitled Links in Family Violence Cases: Collaboration among the Family, Child Protection and Criminal Justice Systems; and a tax toolkit providing information on tax rules relating to family law, developed in collaboration with the Canada Revenue Agency and Finance Canada.

Sub-program 1.1.3: Access to Justice

Description

Through the Access to Justice Program, the Department of Justice seeks to enable Canadians to obtain the information and assistance they need to resolve their legal issues, whether in the formal justice system or through alternative resolution mechanisms. The Department promotes access to justice through research, programs and policy initiatives, as well as through funding of non-governmental organizations, Aboriginal groups, communities, provinces and territories.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
155,267,659 148,527,577 -6,740,082
Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
66 51 -15
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Canadians are able to obtain coherent information and assistance to access the justice system to resolve their legal issues Percentage of provinces that have public legal education and information organizations supported by Justice Canada 100 100Table note 14
Table note 14

In 2012-13, 100 percent of provinces had public legal education and information organizations supported by Justice Canada.

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Performance Analysis and Lessons Learned

With more than $148 million and 51 FTEs allocated to enhancing access to the justice system, the Department continued to work toward improving Canadians' ability to obtain the information and assistance they need to navigate the justice system. In 2013-14, the Department met its target with respect to the percentage of provinces that have public legal education information organizations supported by Justice.

The Government of Canada continued to provide funding to the provinces for access to justice to support the delivery of criminal legal aid, public security and anti-terrorism legal aid, and court-ordered counsel in federal prosecutions. Highlights included the three-year renewal of immigration and refugee legal aid and the permanent, ongoing resources to provide court-ordered counsel in federal prosecutions.

In addition to working with the provinces and territories, the Department continued to improve access to justice and support Canadians in resolving their legal issues through the Access to Justice in Both Official Languages Support Fund. The Fund supported 24 projects that reached official language minority communities throughout the country and helped these communities to access information and assistance in their official language of choice.

Through the Special Advocates Program, the Department continued to support a fair process in proceedings under Division 9 of the Immigration and Refugee Protection Act in those instances when the government relies upon national security information in hearings held in the absence of a party or their counsel.

Sub-sub-program 1.1.3.1: Legal Aid

Description

The Legal Aid Program provides funding to the provinces for criminal legal aid for economically disadvantaged persons accused of serious and/or complex criminal offences (including anti-terrorism legislation) who are facing the likelihood of incarceration, and for youth charged under the Youth Criminal Justice Act. In addition, since 2001 the Department provides funding to six provinces (Alberta, Quebec, Manitoba, British Columbia, Ontario and Newfoundland and Labrador) for the provision of Immigration and Refugee legal aid services.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
125,810,785 123,731,858 -2,078,927Table note 15
Table note 15

The difference in Planned versus Actual Spending is due to the difficulty in predicting expenditures as the number of public security and anti-terrorism legal aid cases and complexity vary from year to year and a result of the implementation of Budget 2012 savings measures.

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Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
18 15 -3
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Eligible persons receive legal aid from provinces Number of approved applications for criminal legal aid in provincesTable note 16 280,000 274,287Table note 17
Number of stays due to lack of funded counsel for public security and anti-terrorism cases 0 0Table note 17
Table note 16

Approved criminal legal aid applications reflect full service certificates and do not account for the provision of other legal aid services such as duty counsel. Data for this indicator reflects the most recent data available collected through the Statistics Canada Legal Aid Survey, which gathers data for the previous fiscal year. Data from CANSIM table 258-0010 is only available at the end of the current fiscal year for the previous fiscal year.

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Table note 17

This measure is new in 2013-14.

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Performance Analysis and Lessons Learned

In 2013-14, over $123 million and 15 FTEs were allocated to supporting the delivery of legal aid.

The data regarding the number of approved applications for criminal legal aid in provinces will not be available until December 2014. However, the Department met its target of having no stays of proceedings caused by the lack of funded counsel for public security and anti-terrorism cases. This success will be reinforced in the future by resources that were made permanent at the existing funding level in 2013-14 for the Court-ordered Counsel in Federal Prosecutions Program.

As well, Immigration and Refugee Legal Aid has been renewed until March 31, 2017. This funding will provide access to justice for economically disadvantaged immigrants and refugees while ensuring continued support to recent reforms to Canada’s asylum system. At the same time, it will contribute towards a fair and efficient asylum system.

As it continues to provide funding to the provinces and territories to support the delivery of criminal legal aid, public security and anti-terrorism legal aid, and court-ordered counsel in federal prosecutions, the Department is working on the implementation of its action plan in response to the Legal Aid Program Evaluation, which was completed in 2012.

Sub-sub-program 1.1.3.2: Special Advocates Program

Description

The Special Advocates Program supports the Minister of Justice’s responsibilities in Division 9 of the Immigration and Refugee Protection Act (IRPA), by establishing and maintaining a list of private lawyers approved by the Minister who may act as special advocates, by providing timely access to information by the named person to assist in choosing a special advocate, and by ensuring that special advocates are provided with adequate administrative support and resources. The special advocates regime under the Act is intended to strike the appropriate balance between the named person’s right to a fair hearing and the need to protect confidential security information from disclosure. Special advocates represent the interests of the permanent resident or foreign national when evidence is heard in the absence of the public and of the person and their counsel. Special advocates are funded by, but not affiliated with, the government.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
2,032,564 893,231 -1,139,333Table note 18
Table note 18

The difference in Planned versus Actual Spending is explained by lower than anticipated billing by Special Advocates due to delays in proceedings and the reduced number of overall cases and as a result of the implementation of Budget 2012 savings measures.

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Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
6 5 -1
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Permanent residents and foreign nationals are protected by special advocates in Division 9 proceedings of the Immigration and Refugee Protection Act (alleged threats to national security) Number of special advocates appointed to Division 9 proceedings 8 7Table note 19
Retention rate of special advocates appointed to Division 9 proceedings 100 100Table note 19
Table note 19

This measure is new in 2013-14.

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Performance Analysis and Lessons Learned

In 2013-14, the Department allocated $893,231 and five FTEs to the Special Advocates Program. Through the program, the Department supported a fair process in Division 9 proceedings under the IRPA when the government relies upon national security information in hearings held in the absence of a party or their counsel.

The Minister’s roster of persons who may be appointed as special advocates consists of 22 senior private counsels, 7 of whom were involved in proceedings in 2013-14. The reduction of special advocates acting in Division 9 proceedings is due to the appointment of a single special advocate in an Immigration Division proceeding pursuant to section 86 of the IRPA. The maintenance of this performance target depends on the number of proceedings initiated by ministers requiring the appointment of special advocates and the number of special advocates appointed to a particular proceeding by a judge or member of the Immigration and Refugee Board of Canada (IRB).

Throughout 2013-14, the Program supported special advocates appointed in three certificate proceedings and one inadmissibility proceeding in the Immigration Division of the IRB. This included support for two special advocates protecting the interests of the named person at an in-camera hearing before the Supreme Court of Canada (SCC) in October 2013. The SCC, in the Harkat decision, ruled that the special advocates regime was constitutional and that special advocates were a substantial substitute for disclosure of information that would injure national security or endanger the safety of any person in the IRPA Division 9 process. The Court also held that the judge should take a liberal approach in authorizing communication and, as far as possible, the special advocates should be allowed to investigate the case and develop their strategy by communicating with the named person, the named person’s public counsel, and third parties who may bring in relevant insights and information. In addition, the Program held a biennial professional development session to maintain the professional readiness of members of the roster to act in Division 9 proceedings.

Sub-sub-program 1.1.3.3: Court-ordered Counsel in Federal Prosecutions

Description

The Department provides funding to the provinces, territories and their legal aid delivery entities to provide court-ordered funded counsel to individuals who do not qualify for legal aid. These cases involve federal prosecutions where the criminal charge is serious and there is a likelihood of incarceration upon conviction. This program reduces the likelihood of a lengthy delay of proceedings until the prosecuting authority arranges court-ordered counsel for the accused.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
1,650,000 1,648,144 -1,856
Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
0 0Table note 20 0
Table note 20

A partial FTE for this program is included in the total FTE complement of the Legal Aid Program.

Return to table note 20 referrer

Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Federal prosecutions are not stayed due to lack of funded defence counsel Number of stays due to lack of court-ordered counsel in federal prosecutions 0 0Table note 21
Table note 21

This measure is new in 2013-14.

Return to table note 21 referrer

Performance Analysis and Lessons Learned

A total of $1.6 million was allocated to providing court-ordered funded counsel to individuals who did not qualify for legal aid. As a result, the Department met its performance target of no stays of federal prosecutions for this reason.

In support of the expected result for this sub-sub-program, the Department entered into 112 funding agreements, of which 91 were with provinces and territories or their legal aid delivery entities, and the remaining 21 were directly with defence counsel.

Sub-sub-program 1.1.3.4: Justice Partnership and Innovation Program

Description

The Department provides contribution funding to non-governmental and Aboriginal organizations, and to provinces and territories to support short-term projects that promote or support newly reformed justice systems, or to support initiatives that are aimed to improve the delivery of justice services. The long-term goal of the program is to contribute to policy development to ensure that the justice system remains accessible.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
5,809,103 4,330,720 -1,478,383Table note 22
Table note 22

The difference in Planned versus Actual Spending is due to the implementation of Budget 2012 savings measures.

Return to table note 22 referrer

Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
10 5 -5
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Public awareness and understanding of rights, roles and responsibilities in the justice system Percentage of participants in federally-funded training and information sessions whose knowledge and understanding increases between the beginning of the session and the end of the session (pre and post tests) 80 80.6Table note 23
Table note 23

This measure is new in 2013-14.

Return to table note 23 referrer

Performance Analysis and Lessons Learned

The Department allocated over $4 million and five FTEs to support initiatives that promote the identification of emerging issues with respect to the justice system; encourage innovation and greater access to justice; build knowledge, awareness, understanding and dialogue on justice issues; and inform Canadians about access to justice and the justice system.

In 2013-14, the Department met its target of 80 percent of participants in federally funded training and information sessions whose knowledge and understanding increased between the beginning and the end of the session. This target was met through the Justice Partnership and Innovation Program (JPIP), which provided funding to organizations for 27 activities. The JPIP supported ten public legal education and information organizations (one in each province) that helped ensure that Canadians have access to legal information. These organizations provided credible, relevant, plain-language information through a variety of media and formats.

Access to Justice for Aboriginal Women, a component of the JPIP that is aligned with the government’s Missing and Murdered Aboriginal Women Initiative, supported projects aimed at reducing the vulnerability of Aboriginal women and girls. Projects funded include workshops on legal rights, the justice system and other available options, as well as initiatives intended to help marginalized young women at risk, or victims of intimate partner-violence. Through the JPIP, the Department also funded a project that delivered information workshops on the topic of healthy relationships to Aboriginal women and youth across Newfoundland and Labrador. The workshops focused on promoting resilience, provided alternatives to high-risk behaviour for young Aboriginal women, and included a discussion on healthy relationships, relationship violence in dating situations, and legal information related to court processes and procedures (emergency protection orders, criminal charges, peace bonds, etc.).

The Family Violence component of the JPIP supported projects that improved the justice system's response to family violence. For example, the Department funded two projects that focused on providing public legal information: a series of workshops for women and girls who are victims of family violence, and legal training workshops for service providers working with abused women and their children across Nunavut.

Sub-sub-program 1.1.3.5: Justice in Official Languages

Description

The Department seeks to improve access to justice in both official languages through the management of the Access to Justice in Both Official Languages Support Fund, and through the implementation of the Department’s duty to take positive measures to fulfill the federal government’s commitment contained in section 41 of the Official Languages Act towards the development of official language minority communities and the promotion of English and French.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
5,304,782 7,275,084 1,970,302Table note 24
Table note 24

The difference in Planned versus Actual Spending is due to additional resources received late in the fiscal year. The Department will consider funding projects in the next fiscal year.

Return to table note 24 referrer

Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
19 18 -1
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Legal communities and public awareness of official language issues in linguistic minority communities Number of officials in the judicial system who take the training in legal terminology annually 300 396Table note 25
Percentage of officials in the judicial system who have taken the training who are using the tools 70 90Table note 25
The Department of Justice is familiar with official language minority issues in Canada within areas of responsibility Percentage of new and renewed activities that incorporate the commitments of the Department of Justice regarding the implementation of section 41 of the Official Languages Act. 100 100Table note 25
Table note 25

This measure is new in 2013-14.

Return to table note 25 referrer

Performance Analysis and Lessons Learned

The Department allocated more than $7 million and 18 FTEs for the improvement of access to justice in both official languages and for the promotion of both official languages. With respect to the first expected result, the Department exceeded its targets. It provided training in legal terminology to 396 officials, approximately 90 percent of whom have since used the tools provided through the training. In support of the second expected result, the Department funded 35 projects that contribute to the provision of services in both official languages.

In 2013-14, funding was renewed for the Access to Justice in Both Official Languages Support Fund under the “Roadmap for Canada's Official Languages 2013-2018”. The Fund focuses on projects that contribute to the provision of justice services based on two main pillars: the “Information” pillar and the “Training” pillar. Projects funded by the Department under this fund include:

  • eleven projects pertaining to training in both official languages;
  • eight projects supporting the activities of French-speaking jurists associations and their federation;
  • nine projects pertaining to awareness and public legal information activities, including a project by Éducaloi focused on providing information to Anglophone communities on language rights and legal topics;
  • one project contributing to the development of a curriculum for bilingual students interested in pursuing a career in the field of justice;
  • one project aiming to increase recruitment and promotion of justice-related careers; and
  • five projects focusing on developing linguistic training tools, including the Jurisource.ca portal.

As well, during the course of the year, departmental officials were in regular contact with partners to discuss the establishment of justice information hubs that would offer services directly to the public, starting in 2014-15.

With respect with the second expected result, the Department’s commitments on the implementation of section 41 of the Official Languages Act were taken into account in every new and renewed funding program in 2013-14. The Department benefits from a five-year Action Plan for the implementation of section 41 of the Official Languages Act (2011-2016), which encompasses a number of initiatives (programs and targeted policies). A mid-term review of the action plan was started in 2013-2014, and results will be available in 2014-15.

Sub-sub-program 1.1.3.6: Contraventions

Description

The Contraventions Act allows the federal government to designate federal statutory offences as contraventions so that they can be processed using a ticketing system in order to reduce the burden on the court system, the costs for the accused and the government, and to limit the impact of a conviction based on a federal offence. To that end, the federal government uses existing provincial summary proceedings schemes to prosecute federal contraventions. The Department of Justice supports the implementation of the Act through policy development, provision of implementation advice and financial assistance through the Contraventions Act Fund. The Fund enables the provinces and municipalities to implement the Act on behalf of the federal government in a manner consistent with the applicable constitutional and legislative language rights, involving in particular the compliance with judicial services as set out in sections 530 and 530.1 of the Criminal Code and extra-judicial services as set out in Part IV of the Official Languages Act.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
9,803,832 5,633,306 -4,170,526Table note 26
Table note 26

The difference in Planned versus Actual Spending is due to pending agreements with some provinces, territories and municipalities and as a result of the implementation of Budget 2012 savings measures.

Return to table note 26 referrer

Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
10 6 -4
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Use of alternatives to address minor federal statutory offences Number of contraventions tickets issued 40,000 42,504Table note 27
Access to extra-judicial and judicial services related to contraventions is available in the official language of choice in designated areas Percentage of alleged offenders requesting and receiving proceedings in the official language of their choice 100 100Table note 27
Number of complaints with respect to a lack of judicial and extra-judicial services in the official language of choice 0 0Table note 27
Table note 27

This measure is new in 2013-14.

Return to table note 27 referrer

Performance Analysis and Lessons Learned

In 2013-14, the Department allocated more than $5 million and six FTEs to continue to support the Contraventions Act, which has been implemented in seven jurisdictions. The Department exceeded its target for the number of contraventions issued and met its target for access to extra-judicial and judicial services in the official language of choice in designated areas.

To further promote and encourage the provision of legal services in both official languages, the Department is revising its agreements to ensure greater integration of the legislative framework, compliance with recent federal government policies, and conformity with the official languages legal environment. Discussions, currently underway, gave the Department an opportunity to become better acquainted with issues that the provinces face in administering and enforcing federal contraventions, and in providing judicial and extra-judicial services in both official languages with support from the Contraventions Act Fund.

The discussions also provided an opportunity for Justice’s provincial partners to revisit the measures undertaken to guarantee language rights on behalf of the federal government and to ensure that they meet the needs of official language minority communities. These actions contributed to a renewed commitment and cooperation between the Department of Justice and its provincial partners to foster access to justice and respect for the law.

Finally, the Department continued to pursue discussions with Saskatchewan and Newfoundland and Labrador towards the signing of Contraventions Act Administration and Enforcement Agreements, which would include measures to guarantee judicial and extra-judicial language rights for proceedings under the Act supported by the Contraventions Act Fund. Anticipated and actual progress will depend on provincial priorities and capacity. The Fund will be completely committed only when all jurisdictions have signed agreements.

Sub-sub-program 1.1.3.7: Access to Justice Services in the Territories

Description

The Department provides contribution funding, through Access to Justice Services Agreements, to the Yukon, the Northwest Territories and Nunavut to support the provision of legal aid (both criminal and civil), Aboriginal courtwork services and public legal education and information. The funding agreements address the territorial request for greater flexibility to meet the unique needs and circumstances (geographical, cultural and linguistic) in the Territories, as well as ensuring that the Department supports access to justice services for all northern Canadians. The territorial governments are responsible for the management and administration of their access to justice services programs.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
4,856,593 5,015,233 158,640Table note 28
Table note 28

Planned spending for 2013-14 was based on financial information from December 2012. At that time, the Department was in the continuing process of implementing the Deficit Reduction Action Plan. As such, once the Budget was finalized, some additional expenditures were incurred in support of the Department's priorities.

Return to table note 28 referrer

Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
3 2 -1
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Territorial residents have access to justice services (legal aid, public legal education and information, Aboriginal courtwork) that respond to their unique needs and circumstances Number of approved applications for legal aid in the territories 3,000 3,110Table note 29
Number of territorial communities with resident Aboriginal courtworkers 30 33Table note 29
Table note 29

This measure is new in 2013-14.

Return to table note 29 referrer

Performance Analysis and Lessons Learned

With $5 million and two FTEs, the Department exceeded its performance targets in support of its expected result. It approved 3,110 applications for legal aid in the territories and helped provide 33 communities with resident Aboriginal courtworkers.

Through the Access to Justice Services Agreements, the federal government integrated funding support to Canada's three territories for access to justice services, including criminal and civil legal aid, Aboriginal courtwork, and public legal education and information. Support was provided through ongoing contribution agreements that allow the territories the flexibility they need to provide these services in a challenging environment. The federal goal was to enable the territories to provide legal aid services to economically disadvantaged persons involved in serious criminal activities and the youth criminal justice system, as well as in civil matters.

Through federal support for Aboriginal courtwork services, the Department facilitates and enhances access to justice by helping Aboriginal people involved in the criminal justice system to obtain fair, just, equitable and culturally sensitive treatment. In 2013-14, the Department supported public legal education and information services to assist the territories in providing the public with the legal information they need to make informed decisions and participate effectively in the justice system.

The consolidated funding arrangements provided each territorial government with greater service-delivery flexibility to meet their unique needs and circumstances, recognizing that there are distinct service-delivery challenges since a large majority of legal aid clients in the territories face daunting barriers to access to justice that make it exceedingly difficult to negotiate the legal system. The agreements provided potential administrative efficiencies and cost savings, including reporting requirements that were more appropriate and reflective of northern delivery models, balanced with clear program-accountability requirements.

Sub-program 1.1.4: Aboriginal Justice

Description

The Department assists Aboriginal people in creating, administering, and accessing a fair and culturally-sensitive justice system. In partnership with provinces, territories and Aboriginal communities, the Department develops informed and responsive policies for ongoing and effective program delivery. In addition, the Department supports the development of capacity at the community-level to increase knowledge and effectively navigate the mainstream justice system and culturally-relevant justice alternatives. Aboriginal justice is a shared responsibility across levels of government.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
10,318,649 21,052,662 10,734,013

Note: The funding for Aboriginal Justice was renewed in 2013-2014. $11.0 million was received through the Supplementary Estimates process in 2013-14 but was not included in Planned Spending due to timing.

Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
32 27 -5
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
A justice system that responds to the needs of Aboriginal people in a fair and culturally-sensitive manner Number of communities with Aboriginal Justice Strategy projects/programs that support community-based justice and capacity building/training 600 800Table note 30
Number of individuals served by Aboriginal courtwork programs in the provinces 30,000 52,402Table note 31
Table note 30

The target and result were the same in 2012-13.

Return to table note 30 referrer

Table note 31

This number of 52,402 individuals includes Aboriginal courtwork clients in the territories. This number, therefore, is not comparable to results reported in the 2012-13 DPR.

Return to table note 31 referrer

Performance Analysis and Lessons Learned

By allocating $21 million and 27 FTEs, the Department exceeded its performance targets for responding to the needs of Aboriginal people in a fair and culturally-sensitive manner. To do so, the Department successfully worked with provincial and territorial partners to implement and advance the Aboriginal Justice Strategy (AJS) and the Aboriginal Courtwork (ACW) Program.

The AJS delivers programs and projects that help Aboriginal people create, administer, and access fair and culturally-sensitive justice services and processes. Approximately 275 AJS programs provided services to more than 800 Aboriginal communities, exceeding the target by more than 200 communities. The Economic Action Plan 2014 proposed renewed funding of $22.2 million over two years for the AJS.

The ACW Program ensures that Aboriginal people in contact with the justice system (whether as accused persons, victims, witnesses or family members) have access to fair, equitable and culturally-sensitive treatment and services throughout court processes. More than 170 courtworkers across Canada provided services to almost 440 communities. The ACW Renewal Strategy was implemented in 2013-14, and new five-year ACW agreements (2013-18) are in place in participating provinces.

The 2013 ACW National Evaluation demonstrated the continued relevance and effectiveness of the federal contribution in helping to ensure that the justice system remains fair, relevant and accessible to all Canadians.

Sub-sub-program 1.1.4.1: Aboriginal Justice Strategy

Description

The Department enables Aboriginal communities to have increased involvement in the local administration of justice and, as such, provides timely and effective alternatives to mainstream justice processes in appropriate circumstances. Programs are aimed at reducing the rates of victimization, crime and incarceration among Aboriginal people in communities, and helping the mainstream justice system become more responsive and sensitive to the needs and culture of Aboriginal communities. The Aboriginal Justice Strategy (AJS) is comprised of two funding components: "Community-Based Justice Programs," which provides support to culturally-relevant community-based justice programs in partnership with Aboriginal communities and provincial and territorial governments, and "Capacity Building," which supports capacity-building efforts in Aboriginal communities in relation to building increased knowledge and skills for the establishment and management of community-based justice programs.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
5,407,286 15,685,412 10,278,126

Note: The funding for the Aboriginal Justice Strategy was renewed in 2013-2014. $11.0 million was received through the Supplementary Estimates process in 2013-14 but was not included in Planned Spending due to timing.

Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
29 25 -4
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Aboriginal people have access to community-based justice programs Number of community-based justice programs 110 275Table note 32
Number of Aboriginal people referred to Aboriginal Justice Strategy programs 10,000 10,000
Table note 32

The Department undertook an internal review to update the number of community-based justice programs funded by the AJS. Previously, the number of programs was counted by the number of contribution agreements signed. For this review, the number of actual programs was counted to reflect all new programs created after the 2007 expansion of the AJS, as well as individual programs captured in umbrella agreements. This provides a more accurate picture of the reach of AJS programming in urban, rural, northern, on and off-reserve Aboriginal communities. Please note also that the number of AJS programs may fluctuate as a result of program performance and/or program activity.

Return to table note 32 referrer

Performance Analysis and Lessons Learned

With over $15 million and 25 FTEs, the Department of Justice worked to ensure that Aboriginal people have access to community-based justice programs. The Department worked successfully with provincial and territorial partners and Aboriginal communities to implement and advance the AJS, thereby exceeding its performance targets. Approximately 275 AJS programs provided services to more than 800 Aboriginal communities. Economic Action Plan 2014 proposed renewed funding of $22.2 million over two years for the AJS.

As a result of lessons learned from an internal program review, the AJS has revised data-collection procedures, in collaboration with provincial and territorial partners, to ensure that consistent national data is available for future reviews. Another lesson learned pertains to the AJS Capacity-Building Fund application process.

In 2013-14, the Department launched the Capacity-Building Fund call for proposals process in the spring using social media such as Twitter, which resulted in one of the most successful calls to date. As a result of the earlier launch, the Department received an increased number of well-developed proposals, which allowed the AJS to better plan and manage funding for capacity-building and training projects. In total, the AJS funded 56 capacity-building projects that reached 351 communities.

Sub-sub-program 1.1.4.2: Aboriginal Courtwork Program

Description

The Aboriginal Courtwork Program (ACW) improves access to justice by helping Aboriginal people in contact with the criminal justice system to obtain fair, equitable and culturally-sensitive treatment. Provinces determine how services will be provided and usually contract with third-party Aboriginal service delivery agencies. The Department provides contribution funding to the service delivery agencies to support the provision of direct services (information, non-legal advice and referrals) to all Aboriginal people (adult and youth) in conflict with the law and to facilitate communication between criminal justice system officials and Aboriginal people in contact with the criminal justice system.

Budgetary Financial Resources (Dollars)
2013-14
Planned Spending
2013-14
Actual Spending
2013-14
Difference (Actual minus Planned)
4,911,363 5,367,250 455,887Table note 33
Table note 33

The difference in Planned versus Actual Spending is due to additional expenditures relating to a national training event marking the 35th Anniversary of the Program.

Return to table note 33 referrer

Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference (Actual minus Planned)
3 2 -1
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Aboriginal people in the justice system have access to Aboriginal courtworkers Number of provincial communities with resident Aboriginal courtworkers 112 135Table note 34
Percentage of Aboriginal Courtwork Program recipients indicating a level of satisfaction of “satisfied” or “very satisfied” with the information provided 80 92Table note 34
Table note 34

This measure is new in 2013-14.

Return to table note 34 referrer

Performance Analysis and Lessons Learned

In 2013-14, the Department allocated over $5 million and two FTEs to support access to Aboriginal courtworkers. As a result, it successfully exceeded its performance targets.

The fiscal year 2013-14 marked the 35th Anniversary of the Government of Canada’s commitment to support ACW services nationally. The ACW ensures that Aboriginal people in contact with the justice system (whether as accused persons, victims, witnesses or family members) have access to fair, equitable and culturally-sensitive treatment and services throughout court processes.

More than 170 courtworkers across Canada provide services to almost 440 communities and more than 50,000 clients each year. The ACW Renewal Strategy was implemented in 2013-14, and new five-year ACW Program Agreements (2013-18) were concluded with participating provinces (currently Newfoundland and Labrador, New Brunswick and Prince Edward Island do not have ACW programs). Of note, the number of provincial communities with resident courtworkers decreased in 2013-14 from 138 to 135, in part because of the cessation of the Newfoundland and Labrador ACW.

As part of the ACW Program Renewal Strategy, a National Evaluation (which began in 2011 and included a client survey) was completed in 2013. The National Evaluation indicated that Aboriginal courtworkers have positively affected the way Aboriginal people in contact with the criminal justice system are treated. Courtworkers have increased the efficiency of courts (especially in remote communities) and increased client confidence in the justice system. The program and services received a 92 percent national satisfaction rating from clients who had received services, while 96 percent of court officials stated there was a continued need for Aboriginal Courtwork Program services.

Program 1.2: Office of the Federal Ombudsman for Victims of Crime

Description

This program activity raises awareness of the needs and concerns of victims in areas of federal responsibility, provides an independent resource that addresses complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act that apply to victims of offenders under federal supervision, and assists victims to access existing federal programs and services.

The Office of the Federal Ombudsman for Victims of Crime was established in 2007 as an arm’s-length program activity of the Department of Justice. The Ombudsman reports directly to the Minister of Justice and, as such, the Office falls outside the Department’s governance framework. The Office receives corporate services support from the Department.

The mandate of the Federal Ombudsman for Victims of Crime, which relates exclusively to matters of federal responsibility, is:

  • to promote access by victims to existing federal programs and services for victims;
  • to address complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act that apply to victims of crimes committed by offenders under federal jurisdiction;
  • to promote awareness of the needs and concerns of victims and the applicable laws that benefit victims of crime, including promoting the principles set out in the Canadian Statement of Basic Principles of Justice for Victims of Crime with respect to matters of federal jurisdiction, among criminal justice personnel and policy makers;
  • to identify and review emerging and systemic issues, including those related to programs and services provided or administered by the Department of Justice or the Department of Public Safety, that negatively impact victims of crime; and
  • to facilitate access by victims to existing federal programs and services by providing them with information and referrals.
Budgetary Financial Resources (Dollars)
2013-14
Main Estimates
2013-14
Planned Spending
2013-14
Total Authorities Available for Use
2013-14
Actual Spending (authorities used)
2013-14
Difference (Actual minus Planned)
1,311,790 1,314,205 1,318,472 1,195,444 -118,761
Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference
9 9 0
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Victims of crime have effective access to information on their rights and the federal programs and services that are available to them Year-over-year percentage increase of client contacts with the Office of the Federal Ombudsman for Victims of Crime 10 Not available. Please see Performance Analysis and Lessons Learned section below.
Victims of crime have access to a neutral review process to address complaints about federal programs, services, laws and policies regarding victims of crime Year-over-year percentage increase of complaints registered and processes/reviewed 5 Not available. Please see Performance Analysis and Lessons Learned section below.
Federal departments, agencies and other stakeholders effect positive change for victims of crime Percentage of the Federal Ombudsman for Victims of Crime recommendations submitted and acknowledged and/or acted upon 100 Not available. Please see Performance Analysis and Lessons Learned section below.
Performance Analysis and Lessons Learned

The Office of the Federal Ombudsman for Victims of Crime falls outside the Department’s governance framework. Information regarding activities performed in 2013-14 will be made available in the Office of the Federal Ombudsman for Victims of Crime 2013-14 Annual Report. For further information regarding the 2013-14 activities, please see the Office’s website.

Strategic Outcome 2: A Federal Government that is Supported by High-Quality Legal Services

Under the Department of Justice Act, the Minister of Justice and Attorney General of Canada provides high quality legal services to the federal government and its departments and agencies. According to section 4 of the Act, the Minister is the legal member of the Queen’s Privy Council responsible for seeing that the administration of public affairs is in accordance with the law. Under section 4.1 of the Act, the Minister is responsible for drafting and reviewing all government regulations prior to registration to ensure conformity with the Statutory Instruments Act and all government bills prior to tabling in Parliament to ensure that the bills are not inconsistent with the Canadian Charter of Rights and Freedoms. Additionally, under section 5 of the Department of Justice Act, the Attorney General is responsible for advising the heads of government departments on all matters of law and for conducting all litigation for any federal department or agency of the Crown with respect to any subject within the authority or jurisdiction of Canada.

The Department seeks to attain this strategic outcome through one program activity: the Legal Services to Government Program.

Program 2.1: Legal Services to Government Program

Description

The Department of Justice provides an integrated suite of high-quality legal advisory, litigation and legislative services to the Minister of Justice and to all federal departments and agencies to support them in meeting the Government’s policy and programming priorities, and to advance the overall objectives of the Government. Services are provided through a network of departmental legal services units co-located with client departments and agencies, specialized legal capacities within national headquarters, and a network of regional offices and sub-offices providing legal advisory and litigation services to federal departments and agencies across the country.

Budgetary Financial Resources (Dollars)
2013-14
Main Estimates
2013-14
Planned Spending
2013-14
Total Authorities Available for Use
2013-14
Actual Spending (authorities used)
2013-14
Difference (Actual minus Planned)
192,294,013 204,047,035 204,778,998 191,292,725 -12,754,309

Note: Legal Services to Government Program figures exclude Net Vote Authority, which allows the Department to spend revenues from the provision of legal services to other government departments and agencies. Net Vote Authorities associated with services to government program activity totalled $254.6 million in 2013-14.

Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference
3,325 3,144 -181
Performance Measurement
Expected Results Performance Indicators Targets Actual Results
Federal departments and agencies receive high-quality legal services Client satisfaction mean rating on the overall quality of legal advisory, litigation, legislative, and regulatory drafting services 8.0/10 for each type of services

Advisory: 8.4Table note *

Litigation: 8.3Table note *

Legislative: 8.5Table note *

Regulatory: 8.5Table note *

Client satisfaction mean rating on the Department of Justice Canada performance against service standards for the delivery of legal services 8.0/10 for each service standard

Responsiveness/ Accessibility: 8.6Table note *

Usefulness: 8.0Table note *

Timeliness: 7.9Table note *

The Crown’s interest is represented before courts and tribunals Percentage of litigation files that have a successful outcome (settled and adjudicated) 70 72.1Table note 36
Comprehensive delivery on the Government’s legislative agenda Number of bills tabled in Parliament (House of Commons and Senate) and regulations published in the Canada Gazette 500

554Table note 37

(48 bills tabled and 506 regulations published)

Table note *

The result presented reflects feedback collected during Cycle II of the Client Feedback Survey (2009-2012). The Survey was not undertaken in 2013-14. This measure is new in 2013-14.

Return to table note * referrer

Table note 36

In 2012-13, 74.9 percent of litigation files had a successful outcome (settled and adjudicated).

Return to table note 36 referrer

Table note 37

In 2012-13, 31 bills were tabled in Parliament (House of Commons and Senate) and 510 regulations were published in the Canada Gazette.

Return to table note 37 referrer

Performance Analysis and Lessons Learned

In 2013-14, the Department spent more than $191 million on the Legal Services to Government Program and employed 3,144 FTEs. These resources were allocated to activities supporting the provision of high-quality legal services to the federal government and its departments and agencies to further economic, social, international, and governmental priorities.

In supporting the Government's legislative agenda, the Department surpassed its target for the "number of bills tabled in Parliament (House of Commons and Senate) and regulations published in the Canada Gazette" by tabling 48 bills and publishing 506 regulations. Moreover, it exceeded its target for the “percentage of litigation files with a successful outcome” by attaining a 72.1 percent success rate.

According to the Department of Justice Canada Client Feedback Survey Cycle II, client satisfaction with the “overall quality of legal services provided” by service type (advisory, legislative, regulatory, and litigation) ranged from 8.3 to 8.5 on a 10-point scale, which exceeds the Department’s performance target of 8.0. Regarding “performance against service standards,” the results for the responsiveness/accessibility, usefulness, and timeliness of legal services were also positive, ranging from 7.9 to 8.6.

Responding to feedback with respect to the delivery of legal services, the Department continued to implement its action plan focused on efficiency and cost-effectiveness. Further to its process-optimization efforts, the Department continued to set benchmarks and performance levels in key practice areas to increase productivity. It also introduced standardized templates and client self-service tools, as well as knowledge-management and project-management tools.

Continuing to innovate to improve efficiencies, the Department established the Centre of Expertise in Labour and Employment Law, the Centre for Information and Privacy Law, and two centres of excellence for eDiscovery evidence processing that significantly reduce the cost of disclosure. It also worked with client organizations on initiatives to manage the demand for legal services, such as piloting a project to identify cases for early resolution. Finally, with a focus on the number of hours per file, the Department continued to implement a benchmark pilot project for certain low complexity immigration litigation files, which has resulted in a 20 percent improvement in efficiency since 2012. The pilot is being expanded to apply to other immigration files, and the Department will explore with its clients the possibility of extending this benchmarking initiative to other areas. A similar project was also established for certain tax law files and improved efficiency was demonstrated in the first year.

The Department has continued to address challenges in safeguarding and sustaining adequate capacity and expertise to support the delivery of high-quality legal services. These efforts are ongoing in terms of training and development, succession planning and talent management, and the availability of relevant technological tools and technical support.

In 2013, the Department conducted the Legislative Services Branch Evaluation, which found that the legislative services provided by the Department of Justice met the needs of client departments and central agencies, thereby supporting federal government priorities. In response to recommendations, the Department developed and implemented an action plan to ensure the continued delivery of high-quality legal services.

Internal Services

Description

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are Management and Oversight Services, Communications Services, Legal Services, Human Resources Management Services, Financial Management Services, Information Management Services, Information Technology Services, Real Property Services, Materiel Services, Acquisition Services, and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

Budgetary Financial Resources (Dollars)
2013-14
Main Estimates
2013-14
Planned Spending
2013-14
Total Authorities Available for Use
2013-14
Actual Spending (authorities used)
2013-14
Difference (Actual minus Planned)
83,387,225 159,056,855 162,330,023 162,247,090 3,190,235

Note: Main Estimates and Planned Spending exclude Net Vote Authority, which allows the Department to spend revenues from the provision of legal services and internal support services to other government departments and agencies. Net Vote Authorities associated with the Internal Services program activity increased to $44.9 million in 2013-14 from $39.1 million in 2012-13.

Human Resources (FTEs)
2013-14
Planned
2013-14
Actual
2013-14
Difference
1,069 1,080 11

Note: Due to the consolidation of Internal Services, which resulted in the repatriation of some employees from other parts of the Department, the number of actual FTEs was greater than the number of planned FTEs for 2013-14.

Performance Analysis and Lessons Learned

In 2013-14, the Department allocated more than $162 million and 1,080 FTEs to Internal Services. With the aim of reinforcing synergies among several functional areas, the Department implemented new organizational structures in areas responsible for Internal Services. The Management Sector and Chief Financial Officer Branch were reorganized to focus on a more comprehensive service agenda. To further support organizational change, a first generation of internal services service level agreements for the Human Resources, Finance and Information Management/Information Technology functions are being developed to help identify client expectations and the services to be delivered.

As planned, the Information@Justice vision was developed based on extensive client and stakeholder consultations. The goal is to transform the Department of Justice into a more modern and collaborative digital work environment. The Department defined projects to introduce new tools and training, and established engagement strategies to support new ways of working that will enable Justice employees to find, share and manage information in a more efficient and sustainable manner. In addition, the Department launched a reorganized and redesigned Internet site that responds better to the needs of Canadians and better reflects the Government's priorities. This new site is compliant with Government of Canada Web Standards and will produce metrics that will allow for measurements and continual improvements. The Department also has reduced, reorganized and improved content on its Intranet site to better meet the needs of employees and to better support effective corporate communications.

The Department of Justice met its law practice management objectives through the implementation of a new national Legal Risk Management framework; the adoption of a Quality Assurance framework; the review of litigation settlement practices to identify innovative practices and possible improvements; and the continued provision of legal advice, information and training on dispute prevention and resolution. The Department continued to improve and promote its national legal knowledge management portal. This internal tool helps to increase the efficiency, consistency and timeliness of legal services provided by Justice counsel. National training and support services are currently being provided to maximize the portal's use and to further strengthen its benefits.

Government of Canada (GC) initiatives such as Public Service Renewal; Policy Suite Renewal; Investment Planning; and Administrative Services Review continued to spur Internal Services functions. New requirements were brought forward by the Privacy Commissioner and the Open Government Initiative. GC initiatives including the introduction of standardized approaches exemplified by the Common Human Resources Business Process; the Performance Management Directive; the Transformation of Pay Administration Initiative; the directive on the Administration of the Access to Information Act; the directive on Privacy Requests and Correction of Personal Information; and the development and implementation of the Departmental Security Plan (part of the new Policy on Government Security), all required departmental engagement.

Departmental Information Management and Information Technology (IM/IT) functions incorporated additional oversight, control and reporting initiatives from the TBS Office of the Chief Information Officer Branch, as well as standardization through Shared Services Canada and the GC clustering initiative. IM/IT functions were also engaged in the GC Email Transformation, Windows 7 Deployment and Digital Information Repository and Workspace initiatives. GC Cyber and IT Security initiatives included GC-ISB Security Certification for Justice Employees and implementation of a variety of GC standards and directives designed to improve security of, and access to GC systems and protection of IT security data.

Internal Services also played a lead role in the implementation of the new Code of Conduct to ensure that values and ethics are an integral part of the culture and overall governance of the Department. A series of accommodations projects were also initiated across the country to implement the Workplace 2.0 standard as part of Budget 2012. A National Accommodation Plan (NAP) was launched to reduce and manage those costs without causing disruption to our workforce.

Finally, the Department implemented the final year of its 2011 Public Service Employee Survey (PSES) Action Plan. This involved various activities and initiatives relating to employee engagement and recognition, professional development and career progression, and organizational culture, as well as leadership and communication. The lessons learned are being developed and will be considered in the preparation of the 2014 PSES Action Plan.

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