2016–17 Departmental Results Report - Supplementary Information Tables

Response to Parliamentary Committees and External Audits

Response to parliamentary committees

In 2016-17, the Department of Justice contributed to a Government Response, led by Canadian Heritage, to the House of Commons Standing Committee on Justice and Human Rights Fourth Report entitled: Access to Justice – Part 1: Court Challenges Program. None of the recommendations contained in the Committee’s Report were directed solely at the Department of Justice. The Department of Justice worked with Canadian Heritage and supported the expansion and renewal of the Court Challenges Program following extensive consultations led by Canadian Heritage.

Response to audits conducted by the Auditor General (including to the Commissioner of the Environment and Sustainable Development)

2016 Spring Reports of the Auditor General of Canada

Report 3—The Governor in Council Appointment Process in Administrative Tribunals

The objective of this audit was to determine if timely appointments of qualified individuals were being made to selected administrative tribunals to maintain continuity of service to Canadians. The audit concluded that issues remained in the timely appointment of qualified individuals being made to selected administrative tribunals, which affected continuity of service to Canadians. The audit also concluded that while most selection processes are open and transparent, there was no evidence that part-time appointees were evaluated against established criteria to support qualified appointments. There were no recommendations for the Department of Justice Canada.

2016 Fall Reports of the Commissioner of the Environment and Sustainable Development

Report 3—Departmental Progress in Implementing Sustainable Development Strategies

The objective of the audit was to determine whether the audited departments adequately applied the Cabinet Directive on Environmental Assessment of Policy, Plans and Program Proposals (the Cabinet Directive) when a policy, plan, and program proposal was submitted for approval to an individual minister or to Cabinet (including Treasury Board); reported on the extent and results of their strategic environmental assessment practices and if they met their departmental sustainable development strategy commitments and the Federal Sustainable Development Strategy commitment to strengthen their strategic environmental assessment practices.

The audit concluded that Justice Canada did not adequately apply the Cabinet directive to proposals submitted for approval to their minister. Justice Canada adequately applied the Cabinet directive and its related guidelines to policy, plan, and program proposals submitted for approval to Cabinet. Justice Canada adequately reported on the extent and results of their strategic environmental assessment practices as required by the Cabinet directive and its related guidelines. Justice Canada did not make satisfactory progress in meeting its departmental sustainable development strategy commitments and the Federal Sustainable Development Strategy commitment to strengthen its strategic environmental assessment practices.

Justice Canada received two recommendations:

Justice Canada should apply the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals to all policy, plan, and program proposals submitted for approval to the Minister or to Cabinet, as required. The Department agreed and will build on the tools and practices currently in place for proposals submitted for approval to Cabinet by applying the Cabinet directive consistently to policy, plan, and program proposals submitted for approval to the Minister or Cabinet.

Justice Canada should ensure that when they assess proposals, they do so in a timely manner, as required by the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals and its related guidelines. The Department agreed and will take steps to ensure that assessments for environmental effects are conducted early in the conceptual development of policy, plan, and program proposals for approval, and that they are documented.

2016 Fall Reports of the Auditor General of Canada

Report 2—Income Tax Objections

The objective of this audit was to determine whether the Canada Revenue Agency was efficiently managing the income tax objections and appeals process. The audit considered Justice Canada to the extent of their involvement in the court appeals process and in identifying the need for legislative changes. The audit concluded that the Canada Revenue Agency did not process income tax objections in a timely manner. There were no recommendations for the Department of Justice Canada.

Report 6—First Nations Specific Claims

The objective of this audit was to assess whether Indigenous and Northern Affairs Canada adequately managed the resolution of First Nations specific claims. The audit involved interviews with representatives from Justice Canada and did not examine the content, quality, or appropriateness of legal advice provided by the Department. The audit concluded that Indigenous and Northern Affairs Canada did not adequately manage the resolution of First Nations specific claims as defined for the purpose of this audit. There were no recommendations for the Department of Justice Canada.

Response to audits conducted by the Public Service Commission of Canada or the Office of the Commissioner of Official Languages

There were no completed audits in 2016–17 requiring a response.