2014–15 Departmental Performance Report

SO 1 – A Fair, Relevant and Accessible Canadian Justice System

Program 1.1 – Stewardship of the Canadian Legal Framework

In 2014-15, in support of Speech from the Throne commitments, the Department worked to ensure that the justice system continues to enhance the personal safety and security of Canadians. Accordingly, it supported the introduction, re-introduction or parliamentary enactment of:

• Bill C-13, the Protecting Canadians from Online Crime Act
• Bill C-14, the Not Criminally Responsible Reform Act
• Bill C-10, the Tackling Contraband Tobacco Act
• Bill C-26, the Tougher Penalties for Child Predators Act
• Bill C-32, the Victims Bill of Rights Act
• Bill C-35, the Justice for Animals in Service Act (Quanto’s Law)
• Bill C-36, the Protection of Communities and Exploited Persons Act
• Bill C-53, the Life Means Life Act

The Department also supported Criminal Code amendments for:

• Bill C-42, the Common Sense Firearms Licensing Act
• Bill C-43, the Economic Action Plan 2014 Act, No.2
• Bill C-51, the Anti-terrorism Act, 2015
• Bill S-7, the Zero Tolerance for Barbaric Cultural Practices Act

Furthermore, the Department led the Government’s response to 15 private members’ bills that proposed criminal law reforms to address public safety issues, including human trafficking, rape, and parole ineligibility. The Department also continued to lead the National Anti-Drug Strategy, working with 11 federal departments. The Strategy had been expanded in the 2013 Speech from the Throne to include prescription-drug abuse. The 2014 federal budget allocated $44.9 million over five years to the Strategy to address prescription-drug abuse.

Working with provinces, territories and non-governmental organizations, the Department supported programs and initiatives designed to enhance the Canadian criminal justice system. This included reviewing new issues, supporting reforms that were enacted by Bill C-13, the Protecting Canadians from Online Crime Act, and supporting the effective implementation of Bill C-36, the Protection of Communities and Exploited Persons Act in response to the Supreme Court of Canada’s decision in Bedford.

The Department also supported the Government's international priorities related to justice system reforms by participating in multilateral forums (e.g. on corruption, drugs, cybercrime) and by providing technical assistance and capacity-building initiatives to foreign countries, which contributed to the promotion of democracy, respect for human rights, effective governance, and international security.

SO 1 – A Fair, Relevant and Accessible Canadian Justice System

Program 1.1 – Stewardship of the Canadian Legal Framework

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. Through the Victims Fund grants and contributions program, funding was provided to provincial and territorial governments and non-governmental organizations to encourage initiatives that promote access to justice for victims of crime. Furthermore, in 2014-15, new funding was secured to enhance community-based programs to assist sellers of sexual services in exiting prostitution.

The Department hosted the Federal Symposium for National Victims of Crime Awareness Week in Ottawa to launch the 2014 Victims Week. This symposium brought together more than 200 victims, non-governmental organizations and policy makers to raise awareness of victim issues and services for victims. Funding of $1.2 million was made available through the Victims Fund and enabled 180 victims’ organizations across the country to host events.

The Department led the federal effort to develop the Canadian Victims Bill of Rights, which came into force on July 23, 2015, and supported parliamentary consideration of Bill C-32, the Victims Bill of Rights Act, tabled in April 2014. The Department also continued to provide a “victims lens” and engage with key stakeholders, including the Federal-Provincial-Territorial (FPT) Working Group on Victims of Crime and the FPT sub-committee on the effective implementation of Bill C-32, the Victims Bill of Rights Act.

The Department worked together with Status of Women Canada, Aboriginal Affairs and Northern Development Canada and Public Safety Canada to develop the Action Plan to Address Family Violence and Violent Crimes Against Aboriginal Women and Girls (2015-20). The Plan includes Justice-led policy and program initiatives in support of Aboriginal victims and families of missing or murdered Aboriginal women.

Furthermore, the Department continued to increase support for child victims through policy and program initiatives to develop and enhance Child Advocacy Centres across Canada.

SO 2 – A Federal Government that is Supported by High-Quality Legal Services

Program 2.1 – Legal Services to Government Program

In 2014-15, on behalf of the Government of Canada and federal departments and agencies, the Department of Justice continued to provide high-quality legal services in support of economic, social, governmental and international policy and programming priorities.

With respect to economic affairs, the Department continued to provide legal services on initiatives aimed at advancing the Government’s priorities. For example, the Department provided legal services for legislative initiatives in support of the Action Plan to Improve Northern Regulatory Regimes and in support of the negotiation and preparation of a draft Nunavut Devolution Agreement-in-Principle. It also provided legal services in support of consultations on major resource development projects, such as the Northern Gateway Pipeline, the Shell Jackpine Oilsands Expansion, and the Site C Clean Energy Project. Furthermore, the Department provided legal services in support of the Government’s trade-liberalization agenda, the Federal Framework for Aboriginal Economic Development, the restructuring of Atomic Energy of Canada Limited, the commercialization of the Canadian Wheat Board, major procurements, and loan guarantees for the Lower Churchill hydroelectric projects. The Department also supported the development and implementation of telecommunications policies and various consumer and competition-oriented initiatives.

In the area of social affairs, the Department drafted legislation to protect Canadians from online crime, child predators and terrorism, including measures governing the sentencing, release, and transfer of offenders. It also provided expert legal services respecting the development of Bill C-51, the Anti-terrorism Act, 2015, the Canadian Victims Bill of Rights, new prostitution legislation, changes to sentencing provisions, the Citizenship Act reform, as well as challenges to criminal law reforms and the firearms registry. Moreover, the Department continued its legal advisory, legal policy and litigation roles supporting the Government’s Action Plan on Specific Claims “Justice at Last", including representing the Government before the Specific Claims Tribunal, and the implementation of the Indian Residential Schools Settlement Agreement. Through comprehensive and coordinated legal services, the Department also supported the Government’s response to the Ebola outbreak.

The Department supported the Government in international affairs through the provision of legal services for initiatives in areas of national security, foreign relations, and trade. For example, it assisted in the development of Canada’s emergency management responses, provided legal support to facilitate border flow, helped negotiate a Canada-US treaty on preclearance, and provided legal support to Canada’s military, including land holdings litigation. In addition, the Department assisted with the negotiation, legal review and implementation of the Canada-Korea Free Trade Agreement, the Canada-European Union Comprehensive Economic and Trade Agreement, and the Canada-European Union Strategic Partnership Agreement, as well as other trade and investment agreements. It provided litigation services on disputes under the World Trade Organization Agreement (e.g. with the US over country of origin labelling and with the EU over seals) and over $6 billion in claims brought under the North American Free Trade Agreement (e.g. Eli Lilly, Mesa Power, and the Detroit International Bridge Company). The Department provided advice and support on high-profile, sensitive and complex files regarding counter-terrorism, immigration and refugee law changes, and it continued to provide support for the prosecution of persons for crimes against humanity and revocation of citizenship for war crimes.

In regard to governmental affairs, the Department provided legal services in support of new legislative measures and tax changes that were announced in the 2014 Federal Budget. It also helped enforce new monetary penalties and criminal offences under the Income Tax Act and the Excise Tax Act. The Department defended the Government’s position in over 15,000 tax litigation files, which included complex and high-risk collections files. It provided legal services in support of amendments to private and public pension legislation and regulations, as well as litigation support in response to challenges to labour and employment legislation. It also defended the constitutionality of Canadian legislation with respect to healthcare (e.g. physician-assisted suicide, issuance of heroin under the Special Access Programme and Canada’s medical marijuana regime). Furthermore, the Department provided legal advisory and real property services related to several large-asset dispositions, as well as some acquisitions, that resulted from the policy, program and service changes of departmental clients.

SO 1 – A Fair, Relevant and Accessible Canadian Justice System

SO 2 – A Federal Government that is Supported by High-Quality Legal Services

In its effort to complete the implementation of the Modernization Strategy (2012-15), the Department further streamlined processes to become more effective and efficient in delivering its services. In the area of policy and programs, progress included renewed program funding strategies to better address the needs of the target population, improved alignment with departmental policy needs, and modernized funding-delivery mechanisms. For example, the Justice Partnership and Innovation Program funding mechanism was modified to allow more flexibility and to reduce the cost and time of its administration.

In support of obligations under the Legal Services Review commitments to contain the cost of legal services across government, the Department achieved savings in 2014-15 and is committed to achieving savings in 2015-16 and 2016-17. In addition, the Department continued to deliver on its mandate while managing under an operating budget freeze and in a cost-containment environment.

The Department also supported the implementation of Blueprint 2020 through various initiatives, such as the creation of an Innovation Council, which helped to achieve efficiencies, streamline business processes, and manage expenditures. With a view to foster innovation and engagement, the Department collaborated with Public Safety Canada to host a Policy Bazaar where participants from over 25 federal departments and agencies exchanged ideas on innovative policy tools and approaches and on the role of technology in policy modernization.

Building on the success of Blueprint 2020, the Department has formulated a vision for the future. This vision, entitled Canada’s Legal Team, is based on three pillars: a whole-of-Justice approach; legal and business excellence; and new ways of working. It is meant to guide the changes the Department needs to make in how it delivers its mandate to ensure that it continues to contribute to Canada’s success. The vision will drive innovation and the use of technology to improve service delivery and streamline processes, as well as build strong foundations for analytics that will enable evidence-based decision-making. It also includes renewing the Department’s relationship with its partner departments and mobilizing its talent to serve the country's evolving needs.

In 2014-15, the Department undertook preparation activities, such as providing training and limiting e-mail storage, to ensure readiness for the implementation of the E-mail Transformation Initiative by Shared Services Canada. The Department also fully implemented the Common Human Resources Business Process, resulting in the development of new tools and processes to yield efficiencies. Under the implementation of the Transformation of Pay Administration Initiative, the Department began the transfer of pay accounts to the Public Service Pay Centre in Miramichi. The remaining pay services are expected to be transferred to the Pay Centre in December 2015.

As identified in the 2014-15 Report on Plans and Priorities, the Department:

• continued to monitor emerging trends to inform forward planning; and,
• undertook succession planning and knowledge management activities.

• SO 1 – A Fair, Relevant and Accessible Canadian Justice System
• P. 1.1 – Stewardship of the Canadian Legal Framework

As identified in the 2014-15 Report on Plans and Priorities, the Department:

• maintained ongoing dialogue with partners and stakeholders (e.g. other federal departments, provinces and territories, and non-governmental organizations);
• implemented service standards and a recipient-engagement strategy for funding programs; and,
• continued to implement an action plan to simplify and reduce the administrative burden on funding recipients.

• SO 1 – A Fair, Relevant and Accessible Canadian Justice System
• P. 1.1 – Stewardship of the Canadian Legal Framework

As identified in the 2014-15 Report on Plans and Priorities, the Department:

• collaborated with client departments and agencies and undertook joint planning to meet Government priorities and manage legal risks in a cost-effective manner;
• implemented improvements to financial forecasting processes;
• continued to support professional development of legal staff; and,
• continued to develop and enhance supporting tools and processes (e.g. legal risk management and litigation support services).

• SO 2 – A Federal Government that is Supported by High-Quality Legal Services
• P. 2.1 – Legal Services to Government Program