2. 2023-24 Supplementary Estimates “C”

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Advice to the Minister – Supplementary Estimates Item

Supplementary Estimates (C) 2023-24 Overview

• The Department of Justice is seeking net additional resources of $29.6 million through Supplementary Estimates (C), for total proposed authorities to date of $1,129.4 million in 2023-24 (excluding Vote-Netted Revenue Authorities):
  • $28.1 million in additional funding for immigration and refugee legal aid: to support the provision of services in the eight participating provinces (announced in the Fall Economic Statement 2023);
  • $1.2 million for the Action Plan for Official Languages 2023-2028: additional funds to support initiatives designed to increase access to justice in both official languages (announced in Budget 2023);
  • $0.2 million for Canada’s Anti-Racism Strategy: a transfer from the Department of Canadian Heritage to support the work underway to launch the Anti-Racism Strategy and National Action Plan on Combatting Hate;
  • $0.1 million for the LGBT Purge Class Action: a transfer from the Department of National Defence to complete the work required with respect to complying with the LGBT Purge Fourth Supplementary Settlement Agreement;
  • -$0.01 million to support the Capacity Accelerator Project: a transfer to the Treasury Board Secretariat to support internal audit community services and initiatives across Government; and,
  • -$0.01 million for the financial community developmental programs and initiatives: a transfer to the Treasury Board Secretariat to strengthen programming and community support at a central level.

Advice to the Minister – Supplementary Estimates Item

Department of Justice and Portfolio Organizations’ 2023-24 Supplementary Estimates (C)

• The following portfolio organizations fall under the responsibility of the Minister of Justice:
  • Department of Justice;
  • Office of the Commissioner for Federal Judicial Affairs;
  • Office of the Director of Public Prosecutions;
  • Courts Administration Service;
  • Administrative Tribunals Support Service of Canada;
  • Offices of the Information and Privacy Commissioners of Canada^{Footnote 1};
  • Registrar of the Supreme Court of Canada;
  • Canadian Human Rights Commission; and,
  • Law Commission of Canada.
• These 2023-24 Supplementary Estimates (C) include a total of $29.6 million for the Justice Portfolio, where only the Department of Justice is seeking additional funding.
• 2023-24 authorities (including these Supplementary Estimates) for the Justice Portfolio total approximately $2.5 billion, excluding vote-netted revenues. The Department of Justice is the largest organization within the Portfolio, with 46 percent of the overall net budget.

2023-24 Proposed Authorities for the Justice Portfolio (in millions):

Advice to the Minister – Supplementary Estimates Item

Funding for immigration and refugee legal aid (Fall Economic Statement 2023) – increase of $28.1 million in 2023-24

• The 2023 Fall Economic Statement announced an additional investment of $28.1 million for 2023-24 to support the delivery of immigration and refugee legal aid services.
• This in addition to the previous investment of $43.5 million included in Budget 2023.
• This funding supports access to justice for economically disadvantaged asylum seekers and individuals involved in certain immigration proceedings.
• Question: As Budget 2023 included increased funding for immigration and refugee legal aid, why was a further investment included in the 2023 Fall Economic Statement?
  • Answer: Throughout 2023-24 an unprecedented number of people have sought asylum in Canada which has had an overwhelming impact on legal aid demand and expenditures. An additional increase to 2023-24 funding was required to ensure ongoing access to vital immigration and refugee legal aid services throughout 2023-24.
• Question: What is Justice’s long-term strategy to improve access to justice for refugees?
  • Answer: Justice continues to consult with immigration and refugee legal aid stakeholders including provinces and legal aid service providers to explore options for future program design that would support the long-term sustainability of the federal Legal Aid Program, and to ensure effective and efficient legal aid service delivery and ongoing access to legal aid services for immigration and refugee matters.

Funding (in millions of dollars)

Background

Provinces and territories are responsible for the delivery of legal aid services, including the type and scope of services provided. Currently eight provinces (British Columbia, Alberta, Manitoba, Ontario, Quebec, Newfoundland and Labrador, New Brunswick, and Nova Scotia) provide immigration and refugee legal aid services.

Immigration and refugee legal aid supports fair, effective, and efficient decision-making on asylum and certain immigration claims by helping individuals present the relevant facts of their case in a clear and intelligible manner. Individuals who obtain legal aid for asylum and immigration proceedings must meet stringent income and merit eligibility guidelines, which consider such factors as the credibility of the applicant and the likelihood of success of the claim. They face a rigorous federal assessment process requiring the production of multiple detailed documents. Legal aid personnel help clients who often have limited knowledge of English or French, who are unlikely to understand complex legal proceedings, and help them to select legally relevant facts to present to adjudicators, assist with document translation, and represent clients at hearings, which can be adversarial in nature.

Justice continues to examine the long-term sustainability of a federal immigration and refugee legal aid program. Consultations with provinces and legal aid service providers to explore future program delivery options are ongoing.

Through Supplementary Estimates (C), Justice will receive one-time funding of $28.1 million in 2023-24 (Vote 5), increasing annual funding to $83.1 million to support the delivery of immigration and refugee legal aid services in the eight provinces where services are available.

This funding was announced in the 2023 Fall Economic Statement.

This funding will be delivered through an existing transfer payment program, the Immigration and Refugee Legal Aid component of the Legal Aid Program.

Funding History: Since 2015-16, when federal funding was at $12 million, immigration and refugee legal aid funding has increased each year to address increased demand.

• Budget 2017 renewed the status quo funding level (since 2002) of $11.5 million annually, on an ongoing basis, and provided an additional $2.7 million annually for fiscal years 2017-18 and 2018-19 to address pressures.
• Budget 2018 provided an additional $12.8 million for one year, increasing 2018-19 funding to almost $27 million nationally.
• Budget 2019 provided three more years of additional funding, increasing 2019-20 funding to $27.6 million, and 2020-21 and 2021-22 funding to $28.2 million each year.
• In 2019-20, following the withdrawal of provincial funding in Ontario, the Prime Minister announced an additional investment of $26.8 million so that Ontario could resume all its immigration and refugee legal aid services, and to ensure the other provinces experiencing pressures had adequate funding to maintain services throughout the fiscal year. The $26.8 million in additional funding was received through Supplementary Estimates (B) 2019-20.
• The Economic and Fiscal Snapshot 2020 provided an additional one-year federal investment of $26.8 million to maintain services throughout 2020-21. This investment would have increased annual funding to $55 million. However, due to measures put in place to respond to the COVID-19 pandemic including border closures and hearing suspensions, legal aid expenditure forecasts were reduced. Accordingly, to cover 100 percent of anticipated expenditures, through the Supplementary Estimates process, Justice only accessed $20.3 million of the $26.8 million available, which increased 2020-21 funding to $48.5 million.
• Budget 2021 included an additional $26.8 million in 2021-22 (Vote 5) maintaining available funding at $55 million for 2021-22.
• Budget 2022 provided an additional $43.5 million (Vote 5) for 2022-23. This amount was supplemented through additional departmental resources which raised 2022-23 funding to $61.8 million.
• Budget 2023 included an additional $43.5 million (Vote 5) maintaining funding at $55 million for 2023-24. This amount was supplemented through additional departmental resources which raised funding to $55.9 million.
• Funding included in the 2023 Fall Economic Statement increases funding to $83.1 million for 2023-24. In addition to this funding, the Department could reallocate anticipated lapses from other programs to cover potential additional requirements of participating provinces.

Advice to the Minister – Supplementary Estimates Item

Funding for the Action Plan for Official Languages 2023-2028 (Budget 2023) – increase of $1.2 million in 2023-24 and $15.8 million over 5 years

• On April 26, 2023, the Prime Minister of Canada, the Minister of Official Languages and the President of the Treasury Board of Canada announced the new Action Plan for Official Languages 2023-2028: Protection-Promotion-Collaboration (the Action Plan). This Action Plan reiterates the government’s commitment to the protection and promotion of the two official languages, the preservation of the French language, as well as the development of official language minority communities.
• This plan is the concrete expression of the mandate letter commitment of the Minister of Official Languages and the President of the Treasury Board “to secure the future of the French language in Canada by fully implementing measures outlined in the White Paper, English and French: Towards a Substantive Equality of Official Languages in Canada.”
• In total, the Action Plan represents $1.4 billion over five years in new investments in the form of 32 new or enhanced measures to be implemented under four pillars: Francophone immigration, learning of official languages, community development, and government leading by example. These new investments are in addition to the $2.7 billion in historical funding which has been renewed for 2023-2028, for a total of $4.1 billion in support of Canada’s official languages over the next five years.
• The Action Plan includes $15.8 million over five years in new funding for Justice Canada. Of this amount, there is $4.5 million to increase core funding for associations working in the field of access to justice for official language minority communities, to enable them to develop and implement projects that meet the priorities and objectives of the Access to Justice in both official languages Support Fund.
• It also includes investments of $11.3 million over five years to:
  • strengthen the bilingual capacity of the justice system through language training, professional development and promotion of the language of law; and
  • support projects aimed at increasing the supply of information and legal support services offered to litigants from official language minority communities, with an emphasis on vulnerable populations within these communities.
• This funding contributes to efforts to achieve substantive equality of English and French in Canada. It aims to respond to the needs for access to justice in both official languages, which were expressed by French-speaking minority communities and English-speaking communities in Quebec during consultations for this purpose.
• Question: Have official language minority communities seen an increase in the funding dedicated to the access to justice in both official languages under the new federal action plan?
  • Answer: Yes. Justice is designated as a field essential to the development of French-speaking minority communities and English-speaking communities in Quebec. Funding for new positive measures and the increase in core funding is intended for projects for and by these communities.
• Question: How is the funding distributed amongst the organizations?
  • Answer: Each province and territory has at least one organization that receives core funding. For French-speaking communities, these are essentially members of the Fédération des juristes d’expression française de common law. With regard to the English-speaking community of Quebec, the organization Quebec Community Groups Network (QCGN) is the funding recipient.
  • The distribution is based on the needs expressed by the communities and the funding requests received.

Funding (in millions of dollars)

Background

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

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

Advice to the Minister – Supplementary Estimates Item

Transfer from the Department of Canadian Heritage for Canada’s Anti-Racism Strategy – $0.19 million in 2023-24

• Budget 2022 provided funding to continue research and data development that were started under Canada’s Anti-Racism Strategy 1.0 (2019-2022). In 2022-23 and 2023-24, Justice Canada conducted further research on how racism impacts people involved in the justice system and ways to address this, including establishing the groundwork and undertaking consultations for Canada’s Black Justice Strategy.
• This work supports the December 2021 mandate letter for the Minister of Justice and Attorney General to address systemic discrimination and the overrepresentation of Black and racialized Canadians and Indigenous People in the criminal justice system. In addition, this work supports the Department’s mandate to ensure a fair, relevant and accessible justice system for all Canadians. Furthermore, this work is important for Canada’s Black Justice Strategy, to support the Government of Canada’s commitment to the International Decade for People of African Descent (2015 to 2024), and to inform ongoing funding programs which address access to justice projects.
• This research work will ensure that government responses to addressing systemic racism and discrimination, such as Canada’s Black Justice Strategy, and efforts to ensure access to justice for all, are grounded in the diverse backgrounds, experiences, and regional realities of minority racialized communities across Canada.
• Question: What type of research and consultation projects are being funded?
  • Answer: Projects that received funding starting in 2022-23 include, for example:
    1. Beginning engagement with Black community experts in Canada as part of the development of Canada’s Black Justice Strategy; and,
    2. A project with human rights complaints bodies to obtain data on the characteristics of complainants of harassment and discrimination and the outcomes of filing a complaint of harassment or discrimination (in collaboration with Statistics Canada).
  • In 2023-24, the human rights project continues, and new projects have started, including three additional qualitative studies on serious legal problems experienced by certain minority groups (Jewish Canadians, Muslim Canadians, and Chinese Canadians) and an analytical report from Statistics Canada using additional disaggregation of data from the Canadian Legal Problems Survey which was completed and released in August 2023.

Funding (in millions of dollars)

Background

Black and racialized communities and Indigenous Peoples in Canada continue to live with the effects of systemic racism and discrimination. This results in longstanding inequalities and injustices, which have contributed to the overrepresentation of Black and racialized people and Indigenous People, in Canada’s justice system.

In 2019, the federal government launched Canada’s Anti-Racism Strategy (CARS 1.0), which aims to address racism and discrimination by providing funding for community-based projects and promoting awareness and understanding across Canada. Recognizing that Canada’s fight against racism is far from over, Budget 2022 allocated $85 million over four years, starting in 2022-23, to the Department of Canadian Heritage (PCH) to support the launch of a new Anti-Racism Strategy. PCH has committed to invest $600,000 in funding over four years to several research and consultation projects that are being led by Justice Canada (JUS).

In 2022-23 JUS laid the groundwork for Canada’s Black Justice Strategy, including establishing a nine-member Steering Group that developed a framework for consultations led by Black communities across Canada and work with other experts and community leaders. This represents the first phase of a multi-phase approach to developing the Strategy.

Additionally in 2022-23, JUS initiated work on a number of research projects aimed at better understanding how systemic racism and discrimination impact people involved in the justice system and identifying ways to address this including a project with human rights complaints bodies to obtain data on the characteristics of complainants of harassment and discrimination and the outcomes of filing a complaint of harassment or discrimination (in collaboration with Statistics Canada).

In 2023-24, with funding from PCH, this human rights data project continued, as well as:

1. Three additional qualitative studies on serious legal problems experienced by minority groups (Jewish Canadians, Muslim Canadians, and Chinese Canadians); and,
2. An analytical report from Statistics Canada on discrimination experienced by Chinese Canadians, using data from the Canadian Legal Problems Survey.

The qualitative studies on serious legal problems, as well as the human rights data project will continue through 2024-25 and 2025-26 as funds are received.

This work supports the December 2021 mandate letter commitments for the Minister of Justice and Attorney General, that focus on addressing systemic discrimination and the overrepresentation of Black and racialized Canadians and Indigenous People in the criminal justice system. In addition, this work supports the Department’s mandate to ensure a fair, relevant and accessible justice system for all Canadians.

This research work will ensure that government responses to addressing systemic racism and discrimination and ensuring access to justice for all are grounded in the experiences and regional realities of minority racialized communities across Canada.

Advice to the Minister – Supplementary Estimates Item

Transfer from the Department of National Defence for the LGBT Purge Class Action – $0.15 million in 2023-24

• Funding in the amount of $0.15 million was transferred from the Department of National Defence to the Department of Justice to implement the Fourth Supplementary Settlement Agreement in the LGBT Purge Class Action (Ross, Roy & Satalic).
• LGBT rights and equality are an important government priority. In 2022, the Federal Government launched an Action Plan aimed at advancing rights and equality for Two-Spirit, lesbian, gay, bisexual, transgender, queer, intersex and additional sexually and gender diverse (2SLGBTQI+) people in Canada. This Plan intends to create a more equitable Canada for 2SLGBTQI+ communities, for present and future generations.
• The Fourth Supplementary Settlement Agreement in the LGBT Purge Class Action will provide the LGBT Purge Fund with additional records, up to 15,000 pages, of historical documents relating to the LGBT Purge within the public service.
• Approximately 11,000 pages of documents have already been provided. The LGBT Purge Fund is responsible under the Final Settlement Agreement to implement a historical records project with the goal of memorializing the Purge.

Funding (in millions of dollars)

Background

LGBT Purge Class Action:

The LGBT Purge describes a period of time from the mid-1950s to early 1990s when the Government of Canda investigated, targeted, sanctioned, discharged, and/or terminated LGBT employees in the federal workplace (i.e. federal public service, the Royal Canadian Mounted Police and the Canadian Armed Forces).

In 2015, three separate actions were commenced in the Ontario Superior Court, Quebec Superior Court and the Federal Court in relation to the LGBT Purge. Shortly after, the plaintiffs agreed to jointly commence and proceed with a single proposed class action in the Federal Court.

Final Settlement Agreement:

In June 2018, the Federal Court approved the LGBT Purge Final Settlement Agreement reached between the plaintiffs and Canada.

LGBT Purge Fund:

The LGBT Purge Fund is a non-profit corporation established by the LGBT Purge class members. The LGBT Purge Fund is a party to the Final Settlement Agreement and is responsible to implement the reconciliation measures under the Final Settlement Agreement, including the archive project set out in Schedule “L” of the Agreement with the goal of memorializing the Purge.

Fourth Final Settlement Agreement:

As part of the archive project, Canada provided close to 11,000 pages to the LGBT Purge Fund between January 2020 and March 2021. However, the LGBT Purge Fund raised concern about delays, scope, and redactions. In September 2021, the Fund brought a motion seeking, among other things, a declaration that Canada breached its obligations under Schedule “L”, and an order compelling Canada to provide full disclosure of records relating to the Purge.

The parties ultimately resolved the Schedule “L” dispute by agreeing to the terms of the Fourth Supplementary Settlement Agreement, in which Canada would provide the fund with approximately 15,000 more pages of historical records relating to the LGBT Purge.

Advice to the Minister – Supplementary Estimates Item

Transfers to the Treasury Board Secretariat – reduction of $0.02 million in 2023-24

• The Department of Justice is transferring $0.02 million to the Treasury Board Secretariat through these Estimates:
  • $0.01 million to support the Capacity Accelerator Project. This contribution, for a third year in a row, supports internal audit community services and initiatives across Government; and,
  • $0.01 million for the financial community developmental programs and initiatives. This renewed contribution over six years will strengthen programming and financial community support at a central level.

Funding (in millions of dollars)

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