Results: What We Achieved

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Core Responsibilities

Legal Services

Description

The Minister of Justice and Attorney General of Canada provides legal services to the federal government and its departments and agencies. The Minister is responsible for seeing that the administration of public affairs is in accordance with the law. The Minister is also responsible for examining all government bills and regulations for inconsistency with the Canadian Charter of Rights and Freedoms (the Charter). Additionally, the Attorney General is responsible for advising the heads of departments on all matters of law, for the legislative drafting of all government bills and regulations, and for conducting all litigation for federal departments and agencies on subjects within the authority or jurisdiction of Canada.

Results

Legal work is increasingly complex and crosscutting, and the practice of law is dynamic. Moreover, demands for legal services may evolve, depending on the specific priorities of client departments and the various risks they face in implementing these priorities. As a provider of legal services to the Government of Canada, the Department has adopted a client-centric approach to ensure that it delivers effective and fiscally sustainable legal services that meet Government and client priorities. It does so by taking a risk-informed, collaborative, transparent, and proactive approach that is aligned with those of client departments in their search for solutions that benefit Canadians.

1. Departmental Result: Departments and Agencies Receive High-Quality Legal Services

In 2021-22, the Department continued to provide high-quality legal advisory, litigation, and legislative services to its client departments and agencies.

Advisory Services

To support the Government of Canada’s efforts to fight the COVID-19 pandemic and assist Canadians in need, the Department provided legal advice to federal departments and agencies, including:

In addition, Justice Canada supported the Government’s implementation of its platform commitment to put in place a COVID-19 vaccination policy for the federal public service. More precisely, the Department supported the Treasury Board Secretariat (TBS) in the development, implementation and review of the Policy on COVID-19 Vaccination for the Core Public Administration Including the Royal Canadian Mounted Police. The Department also provided litigation support in response to various applications and actions contesting the Policy.

The Department provided significant support for initiatives relating to immigration in 2021-22. New ambitious immigration levels and a record high number of admissions of permanent residents were achieved despite travel restrictions. The Department advised clients on the development and implementation of numerous public policies to diminish the impact of the pandemic on future immigrants, international students, and temporary workers in core sectors such as the agri-food sector. It was also involved in delivering advisory and litigation services during the development and implementation of the public policy providing a one-time, unique pathway to permanent residence for 90,000 temporary residents who had been working in essential occupations in Canada, including in the health care sector, as well as for recent post-secondary graduates.

In support of the Government of Canada’s ongoing commitment to advancing reconciliation with Indigenous peoples, the Department provided legal advisory services to CIRNAC and ISC, in accordance with the Principles respecting the Government of Canada’s relationship with Indigenous peoples. This included:

• Providing advice and negotiation support to ISC at all active child and family services coordination agreement tables, including advice and support in the negotiation of the two coordination agreements that were signed, one with the Cowessess First Nation and the other with the Wabaseemoong Independent Nations.
• Co-developing, with ISC, distinctions-based Indigenous health legislation. The Department provided ongoing operational legal and legal policy advice in support of the engagement process related to the legislation, which is being led primarily by First Nations, Inuit and Métis Nation partners at the national, regional and sub-regional levels and is expected to continue in 2022-23.
• Supporting the negotiation of modern treaties, agreements and constructive arrangements that reflect a recognition-of-rights approach, further reconciliation and the establishment of a new fiscal relationship with Indigenous peoples by providing legal support with respect to:
  • the signing of the Anishinabek Nation self-government agreement and drafting a statute to implement the agreement.
  • the negotiation of education agreements with the First Nations Education Council, the Saskatoon Tribal Council, the Manitoba First Nations School System, and the Institut Tshakapesh, as well as a memorandum of understanding with the Association of Iroquois and Allied Indians.
  • the negotiation and execution of the incremental reconciliation agreement with the Haida Nation called the Changing Tide Agreement.
  • 66 reconciliation tables in British Columbia and 77 reconciliation tables in the rest of Canada.
• Supporting CIRNAC in developing options to reform the Specific Claims process and resolving a significant number of claims.

In other Indigenous-related matters, the Department supported ISC and Public Safety (PS) Canada in co-developing a legislative framework for First Nations policing as an essential service. Justice Canada provided timely and effective advisory services to assist in PS’s pre-engagement with the Assembly of First Nations to appropriately set the stage for public engagement. It supported ISC and PS in the development of an engagement plan and detailed engagement material towards First Nations policing legislation. It also supported PS in public engagements that began in March 2022. This legislative framework aligns with the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act).

Furthermore, the Department provided continued support and significant legal and strategic advice to the Department of Fisheries and Oceans (DFO) in the development of a plan for the long-term implementation of the treaty right to fish in pursuit of a moderate livelihood of 34 First Nations in the Maritimes and Gaspé region and the Peskotomuhkati Nation.

In 2021-22, Justice Canada contributed its own policy initiatives while also supporting PS, the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency in advancing the Government’s commitments on firearms control. Specifically, the Department helped prepare for the tabling of Bill C-21, making significant progress towards addressing concerns about handguns, trafficking and smuggling, and intimate partner violence. The proposed new measures include:

• implementing a national freeze on handguns to prevent individuals from bringing newly acquired handguns into Canada and from buying, selling, and transferring handguns within the country.
• taking away firearms licences from those involved in acts of domestic violence or criminal harassment, such as stalking.
• fighting gun smuggling and trafficking by increasing criminal penalties, providing more tools for law enforcement to investigate firearms crimes, and strengthening border security measures.
• addressing intimate partner violence, gender-based violence, and self-harm involving firearms by creating a new “red flag” law that would enable courts to require individuals considered a danger to themselves or others to surrender their firearms to law enforcement, while protecting the safety and identity of individual applicants.
• strengthening restrictions on large-capacity magazines under the Criminal Code.

Further to the passage of Bill C-71 in 2019, Justice supported the expansion of mandatory firearms licence background checks to cover the lifetime of an applicant and the reinstatement of the requirement to seek an authorization to transport restricted and prohibited firearms to most locations. It also continued to support the development of a firearms buyback program to provide compensation for the May 1, 2020 now prohibited firearms.

As a key player in the Government’s efforts in the digital area, the Department of Justice Canada remains committed to supporting the Government’s Service Strategy that aims to deliver easy-to-use, seamless, digitally enabled services that puts the needs of Canadians first. Justice Canada provided advice and support to the Minister of Digital Government, as well as to the TBS Office of the Chief Information Officer and Canadian Digital Service, in the development of improved digital services.

To address employment equity, diversity, and inclusion objectives, the Department provided legal advisory services to TBS and other client departments. As a result, amendments have been made to the Public Service Employment Act, some of which came into force in June 2021. These include:

• the introduction of a definition of “equity-seeking group”.
• the addition of a preference for permanent residents, along with the existing preference for Canadian citizens.
• a new requirement for the employer, when establishing or reviewing qualification standards, to conduct an evaluation to identify potential biases or barriers that disadvantage persons belonging to any equity-seeking group and make reasonable efforts to remove it or to mitigate its impact on these persons.
• a new authority for the Public Service Commission to determine whether audits it conducts contain biases or barriers that disadvantage persons belonging to any equity-seeking group.

Through its Privy Council Office Legal Services Sector, the Department provided legal advisory support to the Clerk of the Privy Council and the Privy Council Office and to provide expert legal advice to a wide range of federal departments on questions involving Cabinet confidences. It also continued to support the Privy Council Office on matters related to Governor in Council appointments and performance management.

Litigation Services

To further refine and adjust its litigation strategy, Justice Canada led the development of new approaches to litigation positions on complex issues, identifying cases for out-of-court resolution and other alternatives to litigation, including ensuring consistency with the Principles Guiding the Attorney General of Canada in Charter litigation, the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples, and the Directive on Civil litigation Involving Indigenous Peoples.

Justice Canada worked with departments through a number of committees to support the review of its litigation strategy while also considering the policy, financial, and legal implications of complex litigation involving the Government of Canada.

To collaborate on litigation positions that may require a whole-of-government approach, the Department leveraged existing expertise and developed emerging national talent while managing complex cases and class proceedings nationally. The Department also worked effectively with a number of client departments, including Global Affairs Canada, Agriculture and Agri-Food Canada, and Natural Resources Canada, on litigation positions in international trade disputes. Justice Canada also worked effectively with a number of provinces, including Alberta, Ontario, and Quebec, where provincial measures relating to international trade were at issue.

The Department further collaborated effectively with a number of client departments to develop and ensure that a consistent and principled approach was taken by Canada to defend and settle high-profile workplace assault, harassment and discrimination.

The Department continued to support the Action Committee on Court Operations in Response to COVID-19 to promote a nationally harmonious approach to restoring Canadian court operations which prioritizes health and safety while upholding the fundamental values of Canada’s justice system. The Action Committee’s work in 2021-22 fell under four areas of focus, each supporting the overarching goal of equitably restoring and stabilizing court operations across Canada. These areas were: protecting the health and safety of court users and personnel; addressing the impact of COVID-19 on marginalized court users; supporting court recovery by reducing backlog and delays; and supporting court recovery by integrating modern technology.

The COVID-19 pandemic continued to affect the way Justice Canada worked, including the increased importance of modernizing processes and the way the Department collaborates with clients. In 2021-22, the Department supported the modernization of work with the court system by implementing procedures and technologies to enable remote hearings and the electronic transfer of documentation. Virtual hearings continued to be the primary mode of proceeding in court, which significantly decreased the need for travel. Justice Canada also encouraged and supported courts in transitioning away from paper-based processes towards electronic means of conducting litigation (e.g. deemed consent to e-service, delayed filing of paper records, e-service/e-filing via file transfer platforms like court e-filing systems, SharePoint, TitanFile and e-hearings). The Department also worked with internal and external stakeholders to establish a professional networking and collaborative site (GCconnex) to share litigation readiness guidelines and templates with a broader information-management community.

Justice Canada also provided legal support to CIRNAC and ISC on a high volume of Indigenous litigation matters, including: defending the constitutional validity of the Act respecting First Nations, Inuit and Métis children, youth and families before the Quebec Court of Appeal; the settlement of Indigenous childhood claims, including several class actions, as well as the resolution of significant class actions relating to drinking water on reserve.

Justice Canada also provided significant support to the CRA in its sustained efforts to crack down on tax evasion and combat tax avoidance to ensure the fairness and integrity of the tax system.

The Trade Law Bureau provided legal services to the Government in complex international trade litigation in disputes with the United States over softwood lumber, dairy, auto rules of origin, and solar safeguards, as well as in the dispute with China over canola exports. The Bureau also represented Canada in high-profile, complex and high-value investor-state disputes under Canada’s international trade treaties, successfully achieving the dismissal of claims valued in the hundreds of millions of dollars.

The Department also provided support to the Attorney General of Canada and the Public Prosecution Service of Canada on appellate court cases, including cases before the Supreme Court of Canada, regarding Charter challenges to criminal law. These cases include R. v. Bissonnette, which challenged the consecutive periods of parole ineligibility for multiple murders, and R. v. Sharma, which challenged restrictions to the availability of conditional sentences.

Legislative Services

The Department provided legislative and regulatory drafting services to federal departments and agencies in 2021-22, including:

• PS, the Parole Board of Canada, the RCMP and the Correctional Service of Canada to address systemic inequities in the criminal justice system. This collaboration led to:
  • Support for Bill C-228, An Act to establish a Federal Framework for Reducing Recidivism, which came into force in June 2021.
  • The amendment to the Pardon Services Fees Order, which came into force in January 2022, making pardons more accessible to those seeking them by reducing fees.
• Canadian Heritage to modernize the Official Languages Act. The Department participated in the creation of two bills tabled during 2021-22: Bill C-32, An Act to Amend the Official Languages Act and to make related and consequential amendments to other Acts and Bill C-13, An Act for the Substantive Equality of Canada’s Official Languages. Further, Justice Canada continued to support Canadian Heritage and other departments in the development of legislation to combat serious forms of harmful online content to protect Canadians and hold social media platforms and other online services accountable for the content they host.
• TBS to introduce legislative amendments to the Financial Administration Act to enable the Canadian Digital Service to provide its digital platform services more broadly, including to other jurisdictions in Canada, and clarify Canadian Digital Service’s responsibilities under the Privacy Act and Access to Information Act (ATIA). As a result, the measure was included in Bill C-19, An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures, which received Royal Assent on June 23, 2022. Justice Canada also worked with TBS and other clients to support the implementation of changes to the ATIA.
• Many departments to contribute to the targeted regulatory reform agenda (Budget 2019), focusing on supporting innovation and business investment, such as:
  • Environment and Climate Change Canada regarding Bill C-12, the Canadian Net-Zero Emissions Accountability Act. As a result, this Act received Royal assent in June 2021.
  • Health Canada in redesigning the food and pest control products regulations, as set out in the Agri-food and Aquaculture Targeted Regulatory Review Roadmap.
  • DFO in developing Canada’s first Aquaculture Act as well as other aquaculture-related activities.

The Department also drafted multiple bills, regulations, and orders on an urgent basis and provided timely and often urgent advisory services, including:

• 33 interim orders pursuant to the Aeronautics Act to prevent certain persons from boarding flights in and to Canada due to COVID-19.
• five interim orders pursuant to the Canada Shipping Act, 2001 respecting passenger vessel restrictions and restrictions to pleasure craft navigation.
• eight ministerial orders pursuant to the Railway Safety Act on health checks before boarding trains.
• the invocation of a declaration of a public order emergency under the Emergencies Act and related regulations concerning economic and other measures related to the blockades and occupation in February 2022.
• 31 orders pursuant to the Quarantine Act.
• approximately 40 files related to Russia’s invasion of Ukraine (mainly economic measures against Russia for Global Affairs Canada but also for the Department of National Defence, PSPC and the Department of Finance Canada).
• three pandemic-specific bills to help support people, businesses and fiscal sustainability, namely Bill C-2, Bill C-3 and Bill C-10.
• regulations amending the Canada Worker Lockdown Benefit Act /Lockdown Regions Designation Order (COVID-19).

Gender-Based Analysis Plus

Gender-Based Analysis Plus (GBA Plus) is an analytical approach used to support the development of responsive and inclusive initiatives, including legislation, policies, programs, and services. An intersectional GBA Plus approach helps to understand who is affected by an issue and how it affects them, by taking into consideration different identity factors that go beyond biological (sex) and social-cultural (gender) differences. It includes the examination of a range of other intersecting identity factors (including, but not limited to, age, sexual orientation, disability, education, language, geography, religion and spirituality, racialization and ethnicity, culture, immigration status, and economic status). In addition, GBA Plus involves the analysis of structural and systemic barriers, including developing mitigation strategies to address them and to achieve more inclusive and equitable results for Canadians.

The guiding principles of GBA Plus continued to be applied in all areas of the Department’s work in 2021-22, including the provision of legal services to client departments and advice to Cabinet.

United Nations 2030 Agenda for Sustainable Development and the Sustainable Development Goals

As a signatory to the United Nations 2030 Agenda for Sustainable Development, the Government of Canada is committed to its 17 Sustainable Development Goals (SDGs) and to the overarching vision to leave no one behind. Through its Access to Justice Secretariat, which serves as a focal point, the Department of Justice Canada led Canada’s efforts to advance SDG 16 domestically and abroad. This goal calls for peaceful, just, and inclusive societies that provide access to justice for all, domestically and internationally, and build institutions that are effective, accountable, and inclusive at all levels. The Department also supported SDG 5, which aims to achieve gender equality and empower all women and girls.

Departmental initiatives that contributed to advancing SDGs include:

• Supporting the efforts of the International Assistance Group in discharging its mandate as Canada’s central authority for extradition and mutual legal assistance for all offences covered, including those related to arms trafficking and organized crime, in a manner that complies with the Charter as well as with relevant multilateral and bilateral international agreements (SDG 16, targets 16.4, 16.5):
  • continued support for Canada’s Anti-Money Laundering/Anti-Terrorist Financing Regime by contributing to Canada’s delegation to the Financial Action Task Force (FATF) and regular engagement with domestic regime partners.
  • continued participation in relevant multilateral international and regional forums (e.g., G7, Commonwealth Secretariat, Organization of American States (OAS), Stolen Asset Recovery Initiative, Criminal Justice Forum for Asia and the Pacific, and FATF), seeking to enhance international law enforcement and cooperation in prosecution in relation to serious transnational crimes, including those related to arms trafficking and organized crime.
  • continued growth and modernization of Canada’s extradition and mutual legal assistance treaty network to enhance and expand international cooperation in the fight against serious transnational crime, including arms trafficking and organized crime.
  • continued support for the capacity-building work of international agencies/organizations (e.g. United Nations Office on Drugs and Crime, International Institute for Justice and the Rule of Law, Commonwealth Secretariat, OAS, and FATF) by providing technical assistance experts.
• Providing strategic advice to the Organisation for Economic Co-operation and Development (OECD). Input was given on the OECD’s Framework and Good Practice Principles for People-Centred Justice, which were launched in December 2021 (SDG 16).
• Participating in other multilateral international negotiations and forums. For instance:
  • Leading Canada’s participation in the work of the United Nations Commission on Crime Prevention and Criminal Justice.
  • Continuing to chair the G7 Roma-Lyon Group’s Criminal and Legal Affairs Subgroup, which brings together legal experts in international cooperation in criminal matters from the G7 member states and the European Commission to enhance the effectiveness and efficiency of international cooperation in criminal matters within the G7 member states and globally.
  • Leading efforts to re-establish the Canada-US Cross Border Crime Forum, in keeping with commitments made by the Prime Minister and the President in the Canada-US Roadmap, and supported by the Minister’s participation in the March 2022 Canada-US Canada-United States Cross-Border Crime Forum Ministerial Meeting.
  • Leading Canada’s participation in the negotiation of the Second Additional Protocol to the Council of Europe Convention on Cybercrime (Budapest Convention), aimed at enhancing cooperation and disclosure of electronic evidence (SDG 16, targets 16.4, 16.5).
• Contributing to the development of reforms at the World Trade Organization, through the Trade Law Bureau, and in the context of the reform of Investor-State Dispute Settlement at both the International Centre for Settlement of Investment Disputes at the World Bank and at the United Nations Commission on International Trade Law. The Bureau has worked with other partners and like-minded states to ensure more diversity in panels and arbitrators in disputes involving Canada. Finally, Canada chaired the Working Group on investor-state dispute settlement reform at the United Nations; this Working Group includes ensuring inclusive dispute settlement and diversity in the arbitrator pool as one of its goals (SDGs 5, 16).

Experimentation^{Footnote 1}

The Department continued to seek opportunities to improve the delivery of legal services by exploring the adoption of emerging technologies to support litigation, document exchange, and assess client satisfaction.

To better support litigation services, Justice Canada launched Phase Two of the NextGen Litigation Software Project, which consists of establishing a standing offer that gives departments and agencies access to a variety of identification, preservation and collection tools required to meet pre-trial obligations. The deployment of this initiative will continue into 2022-23.

Justice Canada continued to advance the secure exchange of large, electronic documents with client departments and other parties, including the courts, by using an electronic platform. In 2021-22, 160 licences were procured to test the functionalities and ease of use of a cloud-based secure file transfer solution. Additionally, four more private firms were added to the Digital Exchange Platform Pilot, enabling them to serve one another via a digital portal. This approach reduced the administrative time spent exchanging information by Justice Canada and by private firm participants.

The Department conducts a Client Feedback Survey (CFS) as a standardized approach to measure client satisfaction and help improve the legal services it provides. The means of administering, analyzing and reporting on the Legal Services Client Feedback Survey continue to be updated to ensure that this initiative is taking full advantage of the latest data and digital tools available. In addition, the Department has been experimenting with an Instant Client Feedback Survey (ICFS), with the goal of recording and reporting active feedback specific to legal services provided. The viability of the ICFS is currently being explored by means of a pilot version deployed within ESDC.

Key Risks

Cultivating and maintaining productive relationships with client departments enabled Justice Canada to achieve its intended results. Evolving legal practices, client priorities, and demands for legal services posed potential risks to certain relationships. To continue providing high-quality legal services to its partners, Justice Canada mitigated these risks by focusing on collaboration and joint planning with client departments, and modernized the way it delivers services, as a result of the COVID-19 pandemic.

Justice Canada ensured that its employees were provided with the training, resources, and tools necessary to provide legal services despite the modified work environment. For instance, virtual hearings continued to be the primary mode of proceeding in court. Therefore there were on-going efforts to leverage existing space to enable virtual courtrooms, within Justice buildings and employees’ homes. Since April 2021, Justice has participated in over 6,700 remote hearings at all levels of courts and administrative tribunals across Canada. In addition, employees followed the guidelines developed by the National Litigation Sector Digital Litigation Working Group on remote litigation to address challenges in the context of digital and remote litigation, including novel process and technology issues (e.g. loss in connectivity, working with remote videoconferencing platforms, managing documents during remote hearings, remote commissioning, conducting remote examinations). Staff also took advantage of electronic court processes such as e-filing, e-service and e-hearings when possible.

Results Achieved

For Legal Services, the following table shows the results to be achieved, the performance indicators, the targets and the target dates for 2021–22, and the actual results for the three most recent fiscal years for which actual results are available.

The CFS results presented for 2021-22 reflect interim feedback collected during Cycle IV (2020-2022) of the CFS. The interim results above show that client satisfaction ratings on the overall quality of legal services provided by Justice Canada continue to exceed the target of 8.0, which is consistent with previous results for CFS Cycle III (2016-2019). In addition, the Department continued to exceed the target of 8.0 for the performance of legal services against the Department’s service standards. Together, overall service quality and performance ratings indicate that legal services users were largely satisfied with these services.

The percentage of litigation files successfully resolved from a Government of Canada perspective remained the same as last year at 92%.

Financial, human resources and performance information for the Department of Justice Canada’s Program Inventory is available in GC InfoBase.

Budgetary Financial Resources (dollars)

For Legal Services, the following table shows net budgetary spending as well as net actual spending for 2021-22.

Financial, human resources and performance information for the Department of Justice Canada’s Program Inventory is available in GC InfoBase.

Human Resources (full-time equivalents)

The following table shows the human resources the Department needed to fulfill this core responsibility for 2021–22.

Financial, human resources and performance information for the Department of Justice Canada’s Program Inventory is available in GC InfoBase.

Justice System Support

Description

The Department of Justice Canada plays an essential role in ensuring a fair, relevant, and accessible justice system. This responsibility is shared among 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.

Results

The Department develops and coordinates all federal justice legislative reforms, policy options, and initiatives. The Department also tests innovative approaches to strengthening the legal framework within various domains, notably: criminal justice (including sentencing, criminal procedure, youth criminal justice and justice for victims of crime); family and children’s law (including marriage and divorce); access to justice; bijuralism; human rights; privacy; access to information; official languages; and Indigenous justice.

The Department provides justice system support to realize three key results:

1. Laws and policies abide by the rule of law and promote respect for rights and a fair, accessible, and relevant legal framework in Canada.
2. The criminal justice system supports alternative ways of responding to the causes and consequences of offending.
3. Canadians in contact with the justice system have access to appropriate services so the system is able to be fair, timely, and accessible.

As the Department worked to achieve these results, it strove to remain ready to respond to the accelerated pace at which new policy issues emerged or unfolded. Adding to this, the broad scope of justice issues and the multi-tiered nature of Canada’s justice system required the involvement and collaboration of many partners and stakeholders.

As a measure of the Department’s ability to remain responsive and to lend support to activities under way within the context of Canada’s Anti-Racism Strategy, the Department continued to undertake an anti-racism review of its policy and program processes.

1. Departmental Result: Laws and Policies Abide by the Rule of Law and Promote Respect for Rights and a Fair, Accessible and Relevant Legal Framework in Canada

The Department remained committed to engaging with provincial and territorial governments, Indigenous governments, organizations and communities, other countries, and domestic and international organizations, as well as an increasingly diverse community of stakeholders. It focused efforts on the identification of emerging issues, the development of various options (including policy, legislative, and operational responses), and the implementation of reforms to improve the criminal, family, and youth justice systems and promote public confidence.

In an effort to strengthen the confidence of Canadians in the federally appointed judiciary, the Department supported the Minister of Justice in bringing forward legislation to reform Canada’s system of judicial governance and discipline. This included providing support throughout the parliamentary process that led to the introduction of Bill C-9, An Act to amend the Judges Act, in December 2021. These proposed amendments aim to strengthen the judicial complaints process managed by the Canadian Judicial Council through reforms to make the process more accountable, transparent, and fiscally responsible. In addition, the Department continued its work to further ensure that the federal judiciary is reflective of Canada’s diversity and to improve methods of tracking progress.

The Department supported the review of the criminal justice system to ensure that Canadians are kept safe, while also continuing to address systemic inequities and the overrepresentation of certain populations in the criminal justice system. Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, was introduced in December 2021 in the House of Commons to address the disproportionate negative impacts of existing criminal laws on Indigenous people, Black people, and members of marginalized communities by proposing changes to repeal a number of mandatory minimum penalties (MMPs) from the Criminal Code and all the MMPs in the Controlled Drugs and Substances Act, as well as removing restrictions on conditional sentences and promoting non-criminal approaches to simple drug possession, such as considering doing nothing, issuing a warning, or diversion to addiction treatment programs, where appropriate. Justice Canada also provided advice and support with the aim of developing an Indigenous Justice Strategy, as announced in Budget 2021. Development of a three-year engagement process to inform the Strategy began in 2021-22.

Justice Canada also launched the Justice Data Modernization Initiative (JDMI), in collaboration with Statistics Canada, in 2021-22. This initiative aims to improve the collection and use of disaggregated data to address the overrepresentation of Indigenous, Black, and racialized people in the criminal justice system. In 2021-22, Justice Canada developed a three-year research plan for the JDMI to conduct and commission research, which will help build an understanding of the role that all social sectors, governments, and communities can play in supporting well-being and reducing criminalization.

In addition, Justice Canada undertook several research studies aimed at informing this complex issue. This research drew from a wide range of methodologies, including statistical analyses, qualitative interviews, focus groups, and surveys. The results of several studies were published in 2021-22:

• Indigenous People in Criminal Court in Canada: An Exploration Using the Relative Rate Index
• Voices Matter: The Impact of Serious Legal Problems on 16- to 30-year-olds in the Black Community
• Urban African Canadians: A Qualitative Study of Serious Legal Problems in Quebec
• 2021 National Justice Survey data tables and report

In addition to work on the UN Declaration Act, Justice Canada undertook other initiatives to contribute to a renewed relationship with Indigenous peoples. For example, the Department continued to coordinate and report on work underway within the Department to respond to the Calls to Action of the Truth and Reconciliation Commission (TRC Calls to Action) by contributing to the updated report on progress published by Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) in March 2022. In 2021-22, Justice Canada accelerated policy, program, and legislative work in a number of areas that helped address Calls to Action, including:

• efforts to support the appointment of a Special Interlocutor who will work with Indigenous peoples to develop a framework in relation to unmarked burials and gravesites associated with residential schools.
• funding for Gladue implementation.
• expanding the Indigenous Justice Program and the Indigenous Courtwork Program.
• continuing to negotiate administration of justice agreements.
• introduction of Bill C-5 on the repeal of some MMPs and restrictions on conditional sentences of imprisonment.
• funding to support the revitalization of Indigenous legal traditions.

In 2021-22, the Department supported criminal justice system reforms aimed at reducing delays and making the system more efficient, particularly in the face of challenges that arose during the COVID-19 pandemic. The Department supported the February 2022 introduction of Bill S-4, An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures). Bill S-4 proposes changes that would facilitate the use of technology in modernizing the criminal justice system and give courts increased flexibility in how they hold criminal proceedings and issue orders, such as by clarifying and expanding the availability of remote appearances. Bill S-4 builds on and complements previous criminal justice system efficiency measures, including those enacted through former Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.

Since the criminal justice system plays a critical role in maintaining public safety and protecting vulnerable Canadians, Justice Canada continued to support and explore options to improve criminal justice system responses to the neglect and abuse of seniors. In 2021, Justice Canada established the Interdepartmental Advisory Group on Addressing National Data Gaps in Senior Abuse, including membership from four departments, to support federal coordination, identify data gaps, and share expertise. The Department began working on two research projects aimed at improving data in the area of senior abuse: one exploratory study project examining national data gaps and the various challenges in the collection of data from long-term care and other residential facilities, as well as correctional institutions; and one case study of the Edmonton Police Service’s specialized senior abuse unit to understand the characteristics of senior abuse cases that come to their attention.

One of the key commitments in the Minister’s mandate letter is to establish an independent Criminal Case Review Commission. The Commission’s mandate is to facilitate the review of applications submitted by people who may have been wrongfully convicted. In 2021-22, the Department created a Secretariat and conducted consultations with domestic and international stakeholders.

In the context of Canada’s family justice system, many provisions in former Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act came into force in March 2021. Some of the related regulatory amendments also came into force at the same time. The Department supported the implementation of the reforms by providing extensive training to family law professionals and the public and collaborating with provincial and territorial partners. Additionally, changes to Part III of the Family Orders and Agreements Enforcement Assistance Act (FOAEAA) related to the denial of federal licences came into force in November 2021 along with the changes to the Denial of Licences for Family Orders and Agreements Enforcement Regulations.

The Department advanced its work to implement the changes made to Part I (release of information) and Part II (interception of federal moneys) of the FOAEAA, including any necessary regulatory changes. All these legislative changes have helped to ensure that federal family laws are more responsive to Canadian families’ needs by promoting the best interests of the child, addressing family violence, reducing child poverty, and making Canada’s family justice system more accessible and efficient.

To assist family law legal advisers in supporting clients who have experienced family violence, the Department developed a bilingual, evidence- and user-based tool for advisers with practical suggestions on how to identify and respond to family violence in a way that is safe for clients. As a result, the HELP Toolkit: Identifying and Responding to Family Violence for Family Law Legal Advisers was launched in early January 2022.

Finally, Justice Canada continued to lead the policy facet of the Privacy Act Modernization initiative towards the goal of tabling further legislation. Since spring 2020, Justice Canada has reached out to 64 Indigenous governments and organizations to initiate discussions on how the Privacy Act could be modernized to better reflect the respective needs and expectations of First Nations, Inuit, and Métis. In August 2021, the Department published a What We Heard Report on the consultation.

Results Achieved

For Justice System Support, the following table shows the results to be achieved, the performance indicators, the targets and the target dates for 2021–22, and the actual results for the three most recent fiscal years for which actual results are available.

Canada’s international ranking with respect to the rule of law is provided by The World Justice Project Rule of Law Index, which provides original, independent data on the rule of law in 139 countries and jurisdictions. The Index draws on national surveys of more than 138,000 households and 4,200 legal practitioners and experts to measure how the rule of law is experienced and perceived worldwide. While data for 2022 is not yet available, from 2020 to 2021, a year dominated by the global COVID-19 pandemic, 74% of surveyed countries experienced a decline in rule of law performance. From 2020 to 2021 Canada scored slightly lower (0.01 to 0.02 out of 1) on six of the eight subcategories included in the overall ranking, resulting in a net decrease in rank of one position. It should also be noted that eleven countries were added to the index from 2020 to 2021. Canada’s performance remained stable in 2022.

Confidence that the criminal justice system is fair to all people was relatively stable compared to the previous year, while confidence that the criminal justice system is accessible to all people increased. As for the third performance indicator, the number of constitutional challenges in the provincial and territorial courts of appeal and the Supreme Court of Canada declined between 2020-21 and 2021-22.

Financial, human resources and performance information for the Department of Justice Canada’s Program Inventory is available in GC InfoBase.

2. Departmental Result: The Criminal Justice System Supports Alternative Ways of Responding to the Causes and Consequences of Offending

In support of continued policy work aimed at developing and implementing alternative measures for responding to the causes and consequences of offending, the Department focused efforts on ensuring that the criminal justice system is used where it is needed to keep people safe, but not where it would be discriminatory or counterproductive. This includes addressing systemic inequities in all phases of the criminal justice system.

In line with these objectives and in response to commitments set out in the Minister of Justice Canada’s mandate letter, the Department worked on three relevant bills in 2021-22. First, Bill C-3, An Act to amend the Criminal Code and the Canada Labour Code, which received Royal Assent in December 2021, amended the Criminal Code to enhance protections for health care workers and to ensure everyone has safe and unobstructed access to health services. In addition, Bill C-4, An Act to amend the Criminal Code (conversion therapy), which also received Royal Assent in December 2021, amended the Criminal Code to ban conversion therapy practices. Finally, Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, was tabled and introduced in December 2021. It proposes reforms to address the disproportionate negative impacts of existing criminal laws on Indigenous people, Black persons and members of marginalized communities, including by proposing to repeal several MMPs of imprisonment for certain offences that involve firearms and drugs and allowing greater use of conditional sentences in appropriate cases.

A key means to support alternative measures for responding to the causes and consequences of offending is the provision of financial assistance to a variety of departmental stakeholders. For example, the Department continued to provide funding support to provinces, territories and non-governmental organizations for the delivery of services and programs through the Youth Justice Services Funding Program, the Youth Justice Fund, the Intensive Rehabilitative Custody and Supervision Program, the Drug Treatment Court Funding Program, and the Indigenous Justice Program.

Specifically, the Department increased its financial support to Indigenous community-based justice programs that offer culturally relevant restorative justice alternatives to mainstream processes in appropriate circumstances, through the Indigenous Justice Program. Existing budgets were increased to stabilize community-based programming. Additional funding was also made available to new and existing partners to enhance and expand work in the areas of systemic change, Gladue casework and aftercare, as well as civil and family mediation.

In addition, to support the advancement of the Canadian Drugs and Substances Strategy led by Health Canada, the Drug Treatment Court Funding Program continued to provide funding to participating provinces and territories for court-monitored treatment and community service support for non-violent offenders with a substance use disorder. In 2021-2022, the Program allocated $5.9 million for the operation of 20 Drug Treatment Courts.

The Department provided approximately $200 million through its three youth justice programs to support the delivery of critical youth justice services and programs that are consistent with the federal policy objectives contained in the Youth Criminal Justice Act (YCJA).

Justice Canada also led the Coordinating Committee of Senior Officials (CCSO) - Youth Justice and the Federal-Provincial-Territorial Working Group on Youth Justice Cost- Sharing and Programs to promote a more equitable and effective youth justice system by engaging in and strengthening partnerships with provincial and territorial governments on the implementation of the YCJA. These two working groups serve as a forum for ongoing monitoring and discussion of legislation and interjurisdictional youth justice policies, programs and other issues.

Results Achieved

For Justice System Support, the following table shows the results to be achieved, the performance indicators, the targets and the target dates for 2021–22, and the actual results for the three most recent fiscal years for which actual results are available.

According to available data, 462 restorative justice programs were reported in the Department of Justice Canada Directory of Restorative Justice in 2021-22. Of these, 211 were Indigenous justice programs.

The percentage of identified, eligible Intensive Rehabilitative Custody and Supervision cases receiving specialized treatment was successfully maintained at 100%.

Financial, human resources and performance information for the Department of Justice Canada’s Program Inventory is available in GC InfoBase.

3. Departmental Result: Canadians in Contact with the Justice System have Access to Appropriate Services Enabling a Fair, Timely and Accessible Justice System

Through its Legal Aid Program, Indigenous Courtwork Program, and Access to Justice Services Agreements, the Department continued to contribute funding to provincial and territorial governments for the provision and delivery of legal aid services to economically disadvantaged people, for public legal education and information programs, and for Indigenous courtwork services. Indigenous courtwork services help to ensure that Indigenous people in contact with the criminal justice system obtain fair, just, equitable, and culturally relevant treatment and representation.

In the context of the Government’s five-year funding commitment to address sexual harassment in the workplace, the Department supported efforts through a number of initiatives relating to its mandate. These included:

• funding through the Legal Aid Program for legal advice to those who have experienced sexual harassment in the workplace.
• funding through the Justice Partnership and Innovation Program (JPIP) to 20 projects aiming to address workplace sexual harassment through the development of public legal education and information resources for employers and employees.
• funding to 11 projects aiming to address workplace sexual harassment in male-dominated and hospitality/service industries.
• the development, enhancement, and expansion of services with the goal of providing coordinated and holistic support through social and health sectors to employees, employers, communities, and the general public to address workplace sexual harassment.

In addition, Justice Canada continued to support reconciliation with Indigenous peoples by advancing its response to the TRC Calls to Action, specifically in relation to the administration of justice in Indigenous communities. The Department developed administration of justice agreements with Indigenous communities to strengthen community-based justice systems and support self-determination, and established new tables with several Indigenous groups to explore such agreements. Over the course of 2021-22, Justice Canada increased the number of negotiation tables from seven to twelve.

The Department also worked with Indigenous and provincial partners, such as the governments of British Columbia and Ontario, to increase Indigenous peoples’ access to the criminal justice system, specifically through improved access to Community Justice Centres (CJCs) and the development of recommendations to address ongoing challenges in relation to enforcement of First Nations laws. CJCs are an innovative approach for moving justice out of the traditional courtroom and into a community setting. They bring together justice, health, employment, education, and social services to collectively address the root cause of crime, break the cycle, and improve public safety and community well-being. Through this collaboration:

• The BC First Nations Justice Council (BCFNJC) was approved for over $8.9 million over five years to support and expand Indigenous Justice Centres in British Columbia. This funding will also support BCFNJC’s Virtual Indigenous Justice Centre, a unique web-based platform that allows for the delivery of remote legal services to Indigenous peoples across the province.
• Canada, Ontario, and Chiefs of Ontario launched a tripartite collaborative technical table in May 2021 to explore solutions to challenges associated with the enforcement and prosecution of First Nations laws and by-laws in First Nations communities within Ontario.

In response to a commitment set out in the Minister’s mandate letter, Justice Canada led key ramp-up activities aimed at reviving the Law Commission of Canada following its announcement in Budget 2021. The objective of this initiative is to enable the Commission to provide independent advice on necessary law reform to address complex legal issues facing Canadians, such as systemic racism in the justice system, the need for reconciliation with Indigenous peoples, climate change, and rapidly changing global technology.

To protect Canada’s two official languages, approximately $12.7 million was made available to 78 projects in 2021-22 through the Access to Justice in Both Official Languages Support Fund, 59 of these projects were part of the Government of Canada’s Action Plan on Official Languages 2018-2023: Investing in our Future. The funding, provided to 24 organizations and associations, five academic institutions, and seven provincial governments, helped increase the capacity of the justice system and its stakeholders to offer justice services in both official languages and increase the availability of legal information to Official Language Minority Communities. Projects focused on raising awareness, supporting public legal information activities, developing curricula, developing linguistic tools, and providing training to justice professionals. For instance:

• The Auberge francophone d’accueil et des services aux immigrants, a Toronto-based community organization, increased awareness about various rights and obligations through free French-language workshops offered to 214 participants from multicultural communities.
• The Justice Sector Linguistic Training Program for provincial Crown prosecutors, legal aid lawyers, court clerks, and probation officers offered by the Centre canadien de français juridique, a Manitoba-based non-government organization, offered 27 training sessions to 300 participants.

Through the Canadian Family Justice Fund, the Department supported access to appropriate services for families experiencing separation and divorce. Funding support of $15 million for provinces and territories continued in 2021-22. An investment of $28.35 million over five years was made available through the Fund to support provincial and territorial efforts to expand the availability of government-funded services to supervise parenting time between a child and parent in cases of separation and divorce, particularly in cases where there may be concerns about the safety of a child or another family member due to family violence. Under the projects component of the Fund, 16 projects received funding, including five projects directed towards the implementation of public legal education and information materials and ten projects focused on the needs of underserved populations. During 2021-2022, funding was provided to British Columbia, Alberta, Manitoba, Ontario, Nova Scotia, Newfoundland and Labrador and Prince Edward Island, to assist with the implementation of the official language provision of the Divorce Act.

Through the Contraventions Act Fund, the Department provided financial resources to six provinces and one municipality where the Contraventions Act regime is in effect and where there are no provincial obligations to fulfil the offender’s official language rights. This funding ensures that language rights are respected in the administration and enforcement of federal contraventions and that Canadians who have received a federal contraventions ticket receive judicial services in the official language of their choice.

The Department leads the Federal Victims Strategy (FVS). This strategy undertakes a wide-range of policy and program initiatives to increase access to justice for victims and survivors of crime and give them a more effective voice in the criminal justice system, some of which can be found in the paragraphs below. Project funding in support of the FVS is delivered through the Victims Fund.

Throughout 2021-22, Justice Canada supported a range of awareness-raising, knowledge-sharing, and training activities to increase access to culturally responsive services and supports for Indigenous victims and survivors of crime, and families of missing and murdered Indigenous women and girls. For example, funding and policy activities supported the delivery of Family Information Liaison Units (FILUs). FILU teams across Canada worked together to overcome the systemic and structural barriers that families of missing and murdered Indigenous women and girls face in accessing up-to-date, accurate information about their loved ones from all levels of government and agencies and across jurisdictions, while ensuring families have access to all available culturally grounded supports and services to assist them in their healing journey. The Department has funding agreements in place with all 13 jurisdictions for FILUs, which are delivered in partnership with provincial and territorial governments and Indigenous community organizations.

The Department continued to improve access to justice for victims and survivors of crime, including through multi-faceted efforts to support the implementation of the 2021 changes to the Criminal Code to ban and criminalize conversion therapy practices. In addition to new research, the Victims Fund made funding available to 11 national and regional public legal education and information organizations to support victims of conversion therapy.

Funding through the Victims Fund continued to support enhanced measures to address gaps in services provided to child and youth victims, to improve trauma-informed services for victims of human trafficking, and to improve access to justice and appropriate services for victims of sexual offences. The Department made funding available to 27 projects to support child and youth victims, 10 projects to meet the unique needs of victims of human trafficking, and 11 projects to support victims of sexual offences.

Throughout 2021-22, the FVS continued to support knowledge-sharing and awareness-raising events to increase knowledge about the experiences of victims in the criminal justice system, victims’ rights, and services available through new virtual platforms and methods, including Victims and Survivors of Crime Week workshops and webinars. In the area of family violence, through the FVS, the Department worked with provincial and territorial partners to identify gaps in knowledge and services for victims of family violence, and it supported knowledge sharing and awareness raising on the issue of family violence through virtual workshops.

The Office of the Federal Ombudsman for Victims of Crime (OFOVC), which operates at arm’s length from the federal government, provided direct information, referrals, and complaint-review services to its primary clients: victims, victims’ family members or representatives, and victim-serving agencies, and other stakeholders. The OFOVC served a total of 765 clients during the reporting period.

Results Achieved

For Justice System Support, the following table shows the results to be achieved, the performance indicators, the targets and the target dates for 2021–22, and the actual results for the three most recent fiscal years for which actual results are available.

There has been a decline in the number of criminal legal aid applications received and a corresponding decline in approvals. In 2020-21 both the number of applications received and approved declined by 18% from the previous year. This is attributable to the disruptions the COVID-19 pandemic caused to the justice system such as the closure of courts. The decrease in criminal legal aid applications is also partly linked to broad changes in provincial policies and legal aid service delivery. It does not indicate a reduction in legal aid services. For example, in Quebec, a program allowing defence lawyers and the Crown to deal with lesser offences outside of the court system is gaining in popularity, and decreases in social assistance recipients and in criminal offending may also play a role. Alberta now provides enhanced duty counsel services in more court locations to try to resolve issues before trial. The province also provides duty counsel in specialized courts and has streamlined its application process to pre-screen clients to determine eligibility for legal aid. As a result, ineligible clients no longer fill out applications.

The percentage of federal funds accessed by provinces, territories, non-governmental organizations, and other stakeholders to deliver targeted services in support of federal priorities is consistent with that of previous reporting periods.

Results relating to the OFOVC indicate that the percentage of client inquiries or complaints assessed and acted upon was successfully maintained at 100%, in accordance with the established target.

Financial, human resources and performance information for the Department of Justice Canada’s Program Inventory is available in GC InfoBase.

Gender-Based Analysis Plus

To help reduce inequality in Canada, address the diverse needs of different groups of people, and foster fair and inclusive outcomes for Canadians, the Department applied Gender-Based Analysis Plus (GBA Plus) considerations throughout the design, development, and implementation of different programs and initiatives under the Justice System Support core responsibility.

Lastly, an intersectional GBA Plus lens was integrated into the development and implementation of the invitational call for proposals for projects focused on developing and adapting models for independent legal advice/representation for survivors of sexual assault and for victims of intimate partner violence, as well as two calls for proposals to provide additional supports for victims of intimate partner violence involved in the family justice system. All projects approved under these initiatives were required to report on the use of an intersectional GBA Plus approach and on the efforts to reach diverse groups. An intersectional GBA Plus lens has been incorporated into the development of reporting templates and data tools for the initiatives to allow for the collection of data that can be disaggregated by target population, gender identity, and rural versus urban areas.

United Nations 2030 Agenda for Sustainable Development and the Sustainable Development Goals

Justice Canada’s Access to Justice Secretariat supports the Department in its leadership role for advancing Sustainable Development Goal (SDG) 16 and provides a focal point for the Government’s efforts to promote access to justice for all, domestically and internationally.

Departmental justice system support initiatives that contributed to advancing SDGs include:

• Since the Divorce Act was amended in March 2021, the official language rights provision in the Divorce Act was implemented in Yukon, Nunavut, Manitoba, Saskatchewan and Ontario to ensure that Canadians can obtain a divorce in the official language of their choice. Yukon, Nunavut and Saskatchewan have implemented the provision without funding provided by Justice Canada (SDG 16).
• The coming into force of many provisions in former Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act, and consequential regulatory amendments to make Canada’s family justice system more accessible and efficient (SDG 16).
• The introduction of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, to address the disproportionate negative impacts of existing laws on Indigenous people, Black persons and members of marginalized communities (SDG 10).
• The development, in consultation and cooperation with Indigenous partners, provinces and territories, of an Indigenous Justice Strategy to address systemic discrimination and the overrepresentation of Indigenous peoples in the Justice system. The Department launched an open Call for Proposals process to support Indigenous-led engagement in December 2021. The Call for Proposals closed in January 2022. Indigenous partners have now received funds to support respective engagements (SDG 10, 16).
• Provincial and territorial collaboration with Indigenous communities in their jurisdictions and other working groups to develop recommendations on what can be done to effectively address the overrepresentation of Indigenous people in the criminal justice system, as part of the Pan-Canadian Strategy implemented by the Federal-Provincial-Territorial Aboriginal Justice Working Group (SDG 10).
• The coming into force of Bill C-15, the UN Declaration Act. This also involves, as a first step in the development and implementation of an Action Plan, working with First Nations, Inuit, and Métis to better understand their priorities and launching a Call for Proposals for funding to support Indigenous participation in the process, including support for Indigenous-led consultations. (SDGs 5, 10, 16).
• Coordination of input from across the Department to develop the Justice theme of the Federal Pathway as part of the National Action Plan 2021 to address systemic causes and end violence against Indigenous women, girls and 2SLGBTQI+ persons (SDG 5, 10, 16).
• Implementation of the Canadian Legal Problems Survey to identify the kinds of serious legal problems people face, how they attempt to resolve them, and how these experiences impact their lives. Results were released in January 2022. The Department also published eight accompanying qualitative studies on the experiences of minority populations in various regions of Canada (SDG 16).
• Participation in TBS-led public consultations and engagement with civil society to inform the development of an Open Justice Commitment, which will be included in Canada’s 2022-24 National Action Plan on Open Government (SDG 16).
• Participation in the meeting of the Open Government Partnership (OGP) Coalition in May 2021 and engagement in OGP peer-to-peer exchanges with the Netherlands and the United Kingdom in the spring and summer of 2021.

Experimentation

The Department of Justice Canada remained committed to innovate and test improvements in program design and delivery. It also sought opportunities to improve the accessibility of justice information, engagement and outreach, and the delivery of services by exploring new approaches along with emerging and innovative technologies.

The Department also worked with Statistics Canada to explore the feasibility of using machine learning to code factors considered in sentencing decisions. Phase One (2021-2022) of this project involved the development of a coding framework and manually coding approximately 500 sentencing decisions for key factors, including aggravating factors as described in the Criminal Code and the presence of a Gladue report or Impact of Race and Culture Assessment.

Key Risks

Actively maintaining productive relationships with essential justice system partners and stakeholders is important to ensuring Justice Canada’s ability to meet priorities and expected results. To mitigate the risk to these essential relationships, the Department monitored emerging trends to inform forward planning to increase policy and program engagement capacity and responsiveness. In 2021-22, the Department sought and leveraged opportunities to engage with national Indigenous organizations, Indigenous governments and representative organizations, and federal, provincial and territorial partners.

The COVID-19 pandemic had a direct impact on Justice Canada’s ability to engage with Indigenous peoples, provinces and territories, Parliamentarians, and others in relation to the UN Declaration Act, among other initiatives. To maintain momentum, the Department advanced work by virtual means. Justice Canada leveraged technology (Zoom, MS Teams, House of Commons and Senate on-line proceedings) to enable participation in meetings and parliamentary processes (e.g. in relation to the UN Declaration Act) to continue to make progress on this priority initiative. The Department also improved established practices and processes to facilitate telework, engage with clients to increase and streamline workflow, and ensure an equitable distribution of work among employees to properly manage workload and ensure employee rotation in the evenings and weekends.

Budgetary Financial Resources (dollars)

For Justice System Support, the following table shows budgetary spending as well as actual spending for 2021-22.

Financial, human resources and performance information for the Department of Justice Canada’s Program Inventory is available in GC InfoBase.

Human Resources (full-time equivalents)

The following table shows the human resources the Department needed to fulfill this core responsibility for 2021–22.

Financial, human resources and performance information for the Department of Justice Canada’s Program Inventory is available in GC InfoBase.

Internal Services

Description

Internal services are those groups of related activities and resources that the federal government considers to be services in support of programs and/or required to meet the corporate obligations of an organization. Internal services refers to the activities and resources of the ten distinct service categories that support program delivery in the organization, regardless of the internal services delivery model in a department. The ten service categories are:

• acquisition management services
• communication services
• financial management services
• human resources management services
• information management services
• information technology services
• legal services
• material management services
• management and oversight services
• real property management services

In 2021-22, initiatives under the Department of Justice Canada’s Internal Services program enabled business and legal excellence with a focus on the Department’s workforce and modernization efforts.

Supporting Employees

The Department took action to minimize the impact of the Phoenix Pay System on employees. Tracking and measurement processes were implemented to enhance analytical capacity and monitor and improve performance. Employees also benefited from direct one-on-one support and guidance in addressing their questions and concerns.

Justice Canada recruited, developed and retained employees with the skills and competencies to meet its business needs through programs such as the national paralegal strategy and the national legal training and development program for entry-level lawyers.

Through its three-year Corporate Learning Plan, the Department continued to build expertise in emerging areas of law and provide opportunities for continuous learning.

In line with the Clerk of the Privy Council’s Call to Action on Anti-Racism, Equity, and Inclusion in the Federal Public Service, the Anti-Racism and Anti-Discrimination Secretariat focused on resolving systemic barriers in the organization, outlined in the Justice Canada’s Anti-Racism and Anti-Discrimination Results Framework 2021-2024. The Framework identifies strategies to address discrimination experienced by Indigenous, Black, and racialized employees in hiring, retention and promotional opportunities.

Justice Canada also prepared the 2022-25 Employment Equity Plan, in consultation with employment equity and equity-seeking groups, to identify concrete and measurable actions for management to take to address systemic inequality, inequity, and barriers in the workplace. Additionally, the Department began to develop an Accessibility Plan to support the Accessible Canada Act. Both plans aim to increase diversity, inclusion, and accessibility and to support representativeness to strengthen the Department’s workforce.

In support of the Federal Public Service Workplace Mental Health Strategy and the departmental Mental Health Strategy, the Department fostered a psychologically healthy and safe, respectful and inclusive workplace by continuing to implement a psychological health and safety management system. The departmental Mental Health Action Plan for 2020-2023 considered the impacts of the COVID-19 pandemic on the mental health of Justice Canada’s workforce. Managers and employees received ongoing support through communication materials, resources, tools and training.

Furthermore, the Department established the Ombuds Office to provide employees with a trusted and safe space to talk about workplace issues and help navigate existing resources to find support and reach solutions.

Promoting Innovation and Collaboration

Justice Canada continued to promote digital information sharing and technology to improve collaboration within the organization, across government, and with external partners. The Department improved its network infrastructure and adopted new software and reliable digital platforms such as MS Teams to ensure employees have the necessary support for remote work and for staying connected.

Through its Digital Transformation Strategy 2021-2024, Justice Canada has laid out its intended path towards a digital future. This path will foster a culture of innovation and collaboration that enables high-quality services and at the same time unleashes the power of our information.

The Department also developed a Data Strategy to embed data-driven insight and intelligence in decision making, opportunities and outcomes for better services to clients and Canadians. This included concrete actions to achieve stronger data governance, develop analytics expertise, and experiment with artificial intelligence to leverage data in delivering on the Department’s mandate.

Through pilot projects, Justice Canada experimented with the implementation of a hybrid workforce, as well as various components of the National Workplace Accommodation Strategy, which provides a roadmap to modernizing the workplace. This will help improve space utilization and ensure sound stewardship of resources while meeting long-term operational needs of modernity, accessibility, technology and flexibility of spaces to adapt to new ways of working.

The Department also adopted a tailored approach to communicating with diverse audiences across the country – one that considers the realities of Canadians who face systemic barriers, including Indigenous people, Black and racialized Canadians, and other marginalized communities.

In support of the Federal Sustainable Development Strategy 2019-2022 and the Justice Sustainable Development Strategy 2020-2023, the Department continued to shift to low-carbon, climate-resilient and green government practices, and began to implement a flexible hybrid workplace model, further reducing workforce carbon emissions.

Experimentation

To respond to the COVID-19 pandemic and direction of public health agencies, the Department explored ways to ensure an organized, safe, and gradual return of employees to the workplace. The Department experimented with an Office Entry application, a robust, inexpensive and secure application-based solution deployed throughout Justice Canada. This application also had a significant wider impact as it was adopted as the standard return-to-office solution for many other federal departments, such as Natural Resources Canada and Transport Canada.

Key Risks

The Department of Justice continued its cybersecurity activities in collaboration with Shared Services Canada, Public Safety Canada, Public Services and Procurement Canada, the Canadian Centre for Cyber Security and other partners to mitigate the risk of exposure to new cyber threats and loss or disruption due to attacks or breaches of the Department’s technology infrastructure, heightened by the COVID-19 pandemic.

Budgetary Financial Resources (dollars)

For Internal Services, the following table shows net budgetary spending as well as net actual spending for 2021-22.

Human Resources (full-time equivalents)

The following table shows the human resources the Department needed to carry out its internal services for 2021–22.

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