2016–17 Departmental Results Report - Supplementary Information Tables
Supporting Information on Lower-Level Programs
Sub-program 1.1.1: Legal Policies and Laws
Description
The Department develops and coordinates all federal justice legislative reforms, policy options, and initiatives that promote a fair, accessible and relevant justice system for the benefit of Canadians. This includes the areas of judicial affairs, criminal justice, victims of crime, youth justice, family justice, official languages, contraventions, illicit drugs (via the National Anti-Drug Strategy), bijuralism, Aboriginal justice, human rights, privacy, access to information, security and terrorism. The Department monitors developments in law, policy and procedure; develops and implements options for law, enforcement and policy reforms through legislation; develops and provides information and services to implement new and existing policies and laws; and provides advice to other federal departments in matters related to justice-related laws and policies. As the administration of justice is an area of shared jurisdiction, the Department works closely with the provinces and territories in support of their responsibility for the day-to-day administration of justice. The Department supports the Minister of Justice throughout the Cabinet and Parliamentary processes with respect to both justice reforms and Parliamentary business involving justice matters such as private members’ bills and Parliamentary reviews. Furthermore, the Department supports the government's international priorities related to justice - namely, the provision of policy advice in the development of Canada's international justice policies, the negotiation within bilateral or multilateral fora of international norms, treaties and conventions, the development of legal cooperation programs as well as the provision of legal technical assistance to foreign countries seeking to reform their justice system.
Results
In 2016-17, the Department pursued its efforts to review and reform the criminal justice system with legislation introduced and/or enacted to make the system more fair, relevant and accessible and to promote public safety. Legislative efforts addressed issues such as medical assistance in dying (Bill C-14, enacted June 2016), strengthened protections against discrimination based on gender identity and expression in the Canadian Human Rights Act (Bill C-16), along with the following bills currently before Parliament:
- Bill C-28, An Act to amend the Criminal Code (victim surcharge);
- Bill C-32, An Act related to the repeal of section 159 of the Criminal Code; and
- Bill C-39, An Act to amend the Criminal Code (unconstitutional provisions) and to make consequential amendments to other Acts.
In support of reviewing the criminal justice system, the Department established a dedicated Criminal Justice System Review Secretariat in April 2016, and has provided advice to the Minister on the direction of the criminal justice system review. The Secretariat established a program of engagement with provincial and territorial partners, stakeholders and the public. In 2016-17, the Secretariat:
- held 15 provincial, territorial and stakeholder roundtables;
- held three roundtables with representatives of Indigenous leadership;
- provided leadership for outlining the objectives of the Department’s 2016 National Justice Survey and public opinion research in support of the Minister’s review; and
- outlined the Department’s Youth Engagement objectives and established a Youth Action Committee.
Also, a Deputy Minister-led task force on data and metrics was mobilized and established, and was given the task of looking at ways of reducing the overrepresentation of vulnerable populations in the criminal justice system.
The Department also continued to work towards the advancement of various priority areas. The Minister of Justice, along with the Minister of Health, announced on December 13, 2016, that the Council of Canadian Academies would conduct independent reviews on medical assistance in dying to examine three particularly complex types of requests, identified for further review and study by the legislation passed by Parliament in 2016. These were requests by mature minors, advance requests, and requests where mental illness is the sole underlying medical condition. In undertaking these reviews, the Council will compile and assess information and evidence to inform ongoing policy discussion on the issues related to medical assistance in dying in these three circumstances. These reviews will be made public in December 2018. Also as required by the legislation, Justice is working closely with Health Canada to develop the regulations to establish a permanent monitoring regime for medical assistance in dying at the federal level.
The Ministers of Justice, Health and Public Safety and Emergency Preparedness created the Task Force on Cannabis Legalization and Regulation in June 2016 to consult on the design of a new legislative framework. The Task Force led extensive cross-country consultations with provincial, territorial and municipal governments as well as experts, patients, advocates, Indigenous governments and representative organizations, employers and industry. The Task Force’s report provided advice on how to legalize and strictly regulate cannabis to keep it out of the hands of youth and to keep profits out of the hands of criminals. The proposed Cannabis Act was introduced by the Minister of Justice on April 13, 2017.
The Department continued to engage its federal, provincial and territorial partners on criminal justice issues through the Coordinating Committee of Senior Officials (criminal justice). This committee provides an invaluable forum to advance work on key priority areas such as mandatory minimum penalties of imprisonment, addressing delays in the system in response to the Supreme Court of Canada decision in R. v. Jordan, Indigenous overrepresentation, and various victim issues.
As announced in Budget 2017, the Department obtained ongoing funding to support federal, provincial and territorial family justice activities to ensure that fair and timely services are available to families no matter where they live. The Department updated the Garnishment and Attachment Regulations to prescribe a registry address for service of garnishment documents for the new Parliamentary Protective Service and to provide an address for service of garnishment documents related to Nunavut. In collaboration with Shared Services Canada, the Interactive Voice Response was updated, which provides support payers with 24 hours a day, seven days a week access to information on their file and general information about the Family Orders and Agreements Enforcement Assistance Act. Support documentation is being developed in case of disruption of operations. The Department is also working collaboratively with its provincial and territorial partners to establish new administrative child support agreements and to ensure that existing ones reflect changes to child support services.
The Indigenous Policy and Program Innovation (IPPI) Hub continued to be piloted to explore how new policy and program development approaches can be used to address gaps in services for Indigenous Canadians and to reduce the overrepresentation of Indigenous people in the criminal justice system. The IPPI Hub has developed a knowledge database built on the results of 25 face-to-face engagement sessions with approximately 800 Indigenous organizations, Justice officials and provincial and territorial representatives. Participants at these sessions provided expertise about the causes of, and possible solutions to, the overrepresentation of Indigenous Canadians in the criminal justice system, gaps in services, emerging justice issues and how these issues might be addressed.
The Department continued to lead the National Anti-Drug Strategy to help prevent use of illicit drugs, treat dependency, reduce illegal production and distribution, and address prescription drug abuse. In 2016, the Government of Canada announced an updated drug strategy, the Canadian Drugs and Substances Strategy (CDSS), which adds harm reduction as a key pillar, alongside prevention, treatment and enforcement. This approach is consistent with the Government of Canada’s commitment to taking a comprehensive, collaborative, compassionate and evidence-based approach to drug policy. The CDSS is led by the Minister of Health.
Finally, the Department supported the Government’s international priorities related to justice, including the provision of legal and policy advice in the development of Canada’s international justice policies, the provision of support to the negotiation of international norms, treaties, and conventions; the development of legal cooperation programs; and the provision of legal technical assistance to foreign countries seeking to reform their justice systems (e.g. Jamaica). This work continued to contribute to the promotion of democracy, respect for human rights, effective governance and international security. Work with global partners continued to ensure that domestic legal frameworks and international instruments adequately supported international efforts to combat crime, including organized crime, illicit drugs, cybercrime, corruption, and terrorism.
| Expected results | Performance indicators | Target | Date to achieve target | 2016–17 Actual results | 2015–16 Actual results | 2014–15 Actual results |
|---|---|---|---|---|---|---|
| Canadians have confidence in Canada’s criminal and family laws. | Percentage of Canadians who rate their level of confidence in adult criminal law as 6.0 or greater on a 10-point scale. | 60 | March 2017 | 61 | 60Table note ii | 50.5Table note i |
| Percentage of Canadians who rate their level of confidence in youth criminal law as 6.0 or greater on a 10-point scale. | 60 | March 2017 | 45 | 44Table note ii | 39.7Table note i | |
| Total amount of federal monies garnisheed to help satisfy family support orders or agreements. | $165 million | March 2017 | $195.6 million | $188.7 million | $176.8 million |
- Table note i
-
Results reported through the 2011-12 public opinion data on confidence in the criminal justice system.
- Table note ii
-
Represents preliminary results as reported through the 2016-17 National Justice survey. Final results were available in 2016-17.
| 2016–17 Planned spending | 2016–17 Actual spending (authorities used) | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 29,819,809 | 30,495,084 | 675,275 |
| 2016–17 Planned | 2016–17 Actual | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 221 | 211 | -10 |
Sub-program 1.1.2: Justice System Support
Description
The Department, through grants and contributions funding, supports access to the justice system by enabling Canadians to obtain assistance and legal information in order to resolve their legal issues, whether in the formal justice system or through alternative resolution mechanisms. The Department provides ongoing funding to provincial, territorial and non-governmental organizations, Aboriginal groups, and communities. The Justice System Support Program supports the advancement of federal justice policy in the following core domains: criminal justice (including youth justice and victims of crime), family justice, access to justice, official languages, contraventions, and Aboriginal justice.
Results
In 2016-17, the Department continued to seek improvements in its management and delivery of grants and contributions programs. In this respect, a web portal is being developed that will allow grants and contributions recipients to submit and manage their funding applications on-line. This work complements other investments being made to replace the current internal legacy system used to manage grants and contribution funding. A Treasury Board Secretariat working group, for which the Department plays an active role, is examining ways to translate this innovative work into a Government of Canada-wide solution. Furthermore, in order to achieve greater transparency, all grants and contribution awards as well as departmental service standards results for funding programs are posted on the Department of Justice website.
To advance public legal education and information, the Department continued to support ten provincially identified organizations through the Justice Partnership and Innovation Program, as well as services to northern communities through the Access to Justice Services Agreements. This funding contributes to the development and dissemination of materials that assist Canadians in understanding the Canadian justice system as well as their legal rights and obligations.
| Expected results | Performance indicators | Target | Date to achieve target | 2016–17 Actual results | 2015–16 Actual results | 2014–15 Actual results |
|---|---|---|---|---|---|---|
| A justice system that is accessible to Canadians. | Percentage of federal justice system support funding provided to provinces and territories, non-governmental organizations, and Aboriginal groups and communities to inform and assist Canadians with their legal matters. | 100 | March 2017 | 98 | 98 | 98 |
| Percentage of provinces with designated public legal education and information organizations supported by the Department that provide legal information. | 100 | March 2017 | 100 | 100 | 100 |
| 2016–17 Planned spending | 2016–17 Actual spending (authorities used) | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 370,671,887 | 379,478,229 | 8,806,342 |
| 2016–17 Planned | 2016–17 Actual | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 37 | 45 | 8 |
Sub-sub-program 1.1.2.1: Criminal Justice and Legal Representation
Description
The Department supports access to justice and the efficient functioning of the Canadian justice system. The Department provides contribution funding to Provinces to help ensure that economically disadvantaged individuals have access to legal advice, representation and information for criminal law, youth criminal justice, and immigration and refugee matters. Provinces, territories, or their legal aid service delivery entities also receive funding for the management and delivery of court-ordered counsel in federal prosecutions, and for legal assistance in national security matters. In addition, grants and contributions funding is also made available to a wide range of other recipients to support: (1) alternatives to incarceration for non-violent drug addicted offenders; (2) Special Advocates in Division 9 proceedings under the Immigration and Refugee Protection Act; (3) the prosecution of capital market fraud cases; (4) the development of public legal education resources; and (5) projects that assist in developing effective responses to trends and issues effecting Canadian justice policy. This sub-sub program uses funding from the following grants and contributions programs: Legal Aid Program (includes, Criminal Legal Aid, Public Security and Anti-terrorism Legal Aid, Immigration and Refugee Legal Aid and Court Ordered Counsel in Federal Prosecutions), Drug Treatment Court Funding Program, Integrated Market Enforcement Teams Reserve Fund, Special Advocates Program, International Institute for the Unification of Private Law (Unidroit), Hague Conference on Private International Law, and Justice Partnership and Innovation Program.
Results
In 2016-17, contribution funding continued to be provided to provinces and territories through the Legal Aid Program, to support criminal legal aid, immigration and refugee legal aid, legal aid in public security, and national security cases. Budget 2016 provided an additional $9 million to increase provincial-territorial capacity to offer criminal legal aid services to vulnerable populations, including economically disadvantaged persons, and to support innovations in criminal legal aid to improve access to justice and the sustainability of legal aid systems. Funding for the management of court-ordered counsel in federal prosecutions and legal aid in national security cases was merged under the new State-Funded Counsel component of the Legal Aid Program.
Furthermore, the Government renewed funding for immigration and refugee legal aid, announced in Budget 2017, with the investment of $62.9 million over five years starting in 2017-18 and $11.5 million per year thereafter to enhance the delivery of immigration and refugee legal aid services in partnership with the provinces and territories. Work continued through the Federal-Provincial-Territorial Permanent Working Group on Legal Aid to promote a culture of innovation and performance measurement in legal aid that will support an efficient and effective criminal justice system.
Through the Special Advocates Program, the Department continued to support the Minister in meeting her obligations under the Division 9 proceedings in the Immigration and Refugee Protection Act, to contribute to a fair process and the rule of law in proceedings for which a special advocate was appointed. Furthermore, the Program continued to provide ongoing professional development support for all special advocates to ensure a state of readiness for any new proceedings. The Program also facilitated departmental consultations with special advocates in regard to the National Security Green Paper, to prompt discussion and debate about Canada's national security framework, and to inform policy changes to be made following the nation-wide consultation process as part of the Government's commitment to openness and transparency.
Support for public legal education activities and access to justice continued to be provided through the Justice Partnership and Innovation Program. Justice continued to work towards the achievement of the government priority related to missing and murdered Indigenous women and girls by providing funding to programs that aim to empower Indigenous women and girls and reduce their vulnerability to violence. Specifically, support was provided to four provinces and three non-governmental organizations to address family violence and violent crimes against Indigenous women and girls.
The Department also continued to administer the Drug Treatment Court Funding Program, which provides funding to participating provinces and territories for the unique costs associated with court-monitored treatment programs. As well, Justice continued to administer the Integrated Market Enforcement Team Reserve Fund, which supports the prosecution of cases of serious criminal capital market fraud offences in Canada.
| Expected results | Performance indicators | Target | Date to achieve target | 2016–17 Actual results | 2015–16 Actual results | 2014–15 Actual results |
|---|---|---|---|---|---|---|
| Enhanced capacity of provinces and their legal aid plans to deliver criminal legal aid services to eligible economically disadvantaged persons. | Number of approved applications for criminal legal aid in provinces. | 270,000 | March 2017 | 264,895Table note iv | 261,207 | 267,763 |
| Number of times duty counsel services are provided in criminal matters to individuals requiring legal assistance in provinces.Table note iii | 1,300,000 | March 2017 | 1,018,824Table note iv | N/ATable note iii | N/ATable note iii | |
| Eligible persons are represented in court so cases proceed. | Number of stays (cases temporarily suspended or stopped altogether) due to the lack of funded counsel for court-ordered counsel in federal prosecutions and in public security and anti‑terrorism cases. | 0 | March 2017 | 0 | 0 | 0 |
- Table note iii
-
As this is a new indicator, figures are not available for 2015-16 and 2014-15.
- Table note iv
-
Figures reported for criminal legal aid applications approved (264,895) reflect full-service certificates only and do not account for the provision of other legal aid services such as duty counsel. Figures reported for duty counsel services provided (1,018,824) do not include data for Québec or Prince Edward Island. Figures provided for both criminal legal aid applications approved and duty counsel services provided reflect provincial totals only.
| 2016–17 Planned spending | 2016–17 Actual spending (authorities used) | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 134,331,423Table note v | 146,223,895 | 11,892,472Table note vi |
- Table note v
-
Reflects revisions of the 2016-17 Planned Spending in the amount of $9,767,956 from the Sub-sub-program Criminal Justice and Legal Representation to the Sub-sub-program Aboriginal and Northern Justice to correct a misalignment of resources.
- Table note vi
-
Variance is explained by additional resources received through the Supplementary estimates process and a transfer from another Department.
| 2016–17 Planned | 2016–17 Actual | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 12 | 12 | 0 |
Sub-sub-program 1.1.2.2: Victims of Crime
Description
The Department, through grants and contributions funding, aims to give victims of crime a more effective voice in the criminal justice system. As part of the Federal Victims Strategy, the Department provides funding to provincial and territorial governments and non-governmental organizations to increase awareness and knowledge of victim issues, legislation and services available, as well as to develop and deliver victim programs, services and assistance to meet gaps in services for victims of crime. The Department also provides direct, limited, emergency financial assistance to individual victims in certain specified circumstances, including travel for registered victims to attend Parole Board of Canada hearings and Canadians victimized abroad. This sub-sub program uses funding from the following grants and contributions program: the Victims Fund.
Results
The Department continued to support the implementation of the Canadian Victims Bill of Rights by providing information materials and training and by offering project funding through the Victims Fund. In 2016-17, a targeted call for proposals for criminal justice system professional organizations to implement the Canadian Victims Bill of Rights yielded minimal responses, indicating that the bulk of the implementation measures lie with the provinces and territories, who continue to receive funding for these activities.
As part of the Federal Victims Strategy, the Department continued to administer the Victims Fund to support projects and activities that encourage the development of new approaches, improve the capacity of service providers and increase awareness of services available to victims of crime and their families. Funding was provided to provinces and territories, non-governmental organizations, Indigenous community organizations and individual victims of crime. As such, the funding has allowed a broad range of victims to not only have a stronger voice in the justice system but to also benefit from direct support and services.
To mark the 2016 Victims and Survivors of Crime Week, a Federal Symposium was hosted that featured a keynote address on violence against Indigenous women and girls. Furthermore, through collaborative efforts with various stakeholders in Canada, Justice provided funding to community-based organizations to host 182 events and to undertake projects that included activities such as workshops, public events and training sessions for professionals.
In addition, support from the Victims Fund directly helped 244 Canadians victimized abroad and 439 individuals attending Parole Board of Canada hearings, reducing financial hardship for these victims. In continual efforts to enhance the effectiveness of the management and delivery of funds, the online Victims Fund application form was updated and simplified to improve the application process and clarify eligibility criteria in response to feedback received from applicants.
A parallel investment from the Victims Fund for provincially and territorially administered Family Information Liaison Units (FILUs) was launched following the August 2016 announcement of the Commissioners and Terms of Reference for the National Inquiry into Missing and Murdered Indigenous Women and Girls. In 2016-17, nine provinces and two territories were approved for funding to begin the development and implementation of FILUs to provide culturally-responsive, trauma-informed support for families of missing and murdered Indigenous women and girls by helping them gather outstanding information they seek from government agencies and organizations related to the loss of their loved ones. Complementary funding was also made available to Indigenous community-based organizations to support the design and delivery of culturally-responsive, trauma-informed, community-based services for families.
As part of the ongoing work of the Department to address issues related to sexual assault, Justice hosted a Knowledge Exchange on the Criminal Justice System’s Responses to Sexual Assault against Adults on March 8, 2017. The event provided a forum to discuss current experiences associated with rates of reporting, charging and prosecuting adult sexual assault in the criminal justice system and to examine promising practices and innovative ideas from within Canada and other common law jurisdictions.
Collectively, these efforts have directly assisted victims and helped to safeguard the accessibility of the justice system by ensuring that victims have a more effective voice.
| Expected results | Performance indicators | Target | Date to achieve target | 2016–17 Actual results | 2015–16 Actual results | 2014–15 Actual results |
|---|---|---|---|---|---|---|
| Victims of crime have a more effective voice in the criminal justice system. | Percentage of federal victims funding accessed by provinces/territories, non‑governmental organizations, and individuals to advance victim assistance and participation in the criminal justice system. | 100 | March 2017 | 76 | 93 | 97 |
| Percentage of victims surveyed who received financial assistance who report having a more effective voice in the criminal justice system. | 90 | March 2017 | 97 | 97 | 97 |
| 2016–17 Planned spending | 2016–17 Actual spending (authorities used) | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 21,918,911 | 19,117,176 | -2,801,735 |
| 2016–17 Planned | 2016–17 Actual | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 5 | 4 | -1 |
Sub-sub-program 1.1.2.3: Youth Justice
Description
The Department promotes the protection of the public by supporting programs and services which are consistent with the objectives of the Youth Criminal Justice Act. The Department provides contribution funding to the provinces and territories for programs and services aimed at youth in conflict with the law which encourages their accountability, rehabilitation and reintegration into the community; promote diversion from the formal court process where appropriate; and reserve custody for the most serious offenders. Funding is also provided to the provinces and territories for specialized therapeutic programs and services for youth with mental health needs who are convicted of a serious violent offence. Finally, funding is available to a wide range of recipients for projects which encourage a more effective youth justice system, respond to youth justice issues and enable greater citizen and community participation in the youth justice system. Such projects include programs specifically aimed at youth in conflict with the law, training for justice professionals and youth service providers and research. Funding is provided through the following grants and contributions programs: Youth Justice Services Funding Program, Intensive Rehabilitative Custody and Supervision Program and the Youth Justice Fund.
Results
In 2016-17, the Department continued to provide contribution funding to provinces and territories for a range of programs and services targeting young persons in conflict with the law. As such, the Youth Justice Services Funding Program supported programs and services that encouraged timely and proportionate accountability measures for unlawful behaviour, as well as effective rehabilitation and reintegration of young persons. The Intensive Rehabilitative Custody and Supervision Program supported the specialized services required to implement Intensive Rehabilitative Custody and Supervision orders and other sentences made pursuant to the Youth Criminal Justice Act.
The Department continued to advance projects that encourage a more effective youth justice system that responds to emerging youth justice issues and allows for greater citizen and community participation in the youth justice system. This has promoted knowledge sharing with partners in federal, provincial, and territorial governments, with non-governmental organizations, and with international organizations on matters relating to youth justice and the implementation of the Youth Criminal Justice Act.
Through the Youth Justice Fund, the Department continued to support innovative approaches to youth justice issues. The Fund supported projects that advance governmental priority areas such as reducing the rate of incarceration among young Indigenous Canadians and addressing gaps in services to young Indigenous people and those with mental health issues. Objectives of funded projects included the rehabilitation of young Indigenous women involved in gangs, the development of culturally relevant drug treatment approaches and community-based housing for youth involved in the youth criminal justice system who may be suffering from Fetal Alcohol Spectrum Disorder.
In 2016-17, funding was provided, through the Youth Justice Fund’s Drug Treatment component, to seven research projects to implement innovative approaches and best practice models to adapt existing drug treatment programming by making it more culturally relevant. Funding was also provided to projects that focused on youth engagement, which led to the identification of a service gap that is now informing the design of new pilot projects to enhance after care services once youth are released into their communities.
Through continued engagement and funding efforts to drive key outcomes and by working collaboratively with its partners and stakeholders, Justice continues to play a key role in encouraging a fairer and more effective youth justice system.
| Expected results | Performance indicators | Target | Date to achieve target | 2016–17 Actual results | 2015–16 Actual results | 2014–15 Actual results |
|---|---|---|---|---|---|---|
| A youth justice system that supports federal youth justice priorities. | Percentage of youth court cases receiving a non‑custodial (community‑ based) sentence. | 85 | March 2017 | Data to be available March 2019Table note vii | Data to be available March 2018Table note vii | 85Table note vii |
| Percentage of identified, eligible Intensive Rehabilitative Custody and Supervision cases receiving specialized treatment. | 100 | March 2017 | 100 | 100 | 100 |
- Table note vii
-
Data is published by Statistics Canada two years after a given fiscal year.
| 2016–17 Planned spending | 2016–17 Actual spending (authorities used) | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 158,016,560 | 157,459,385 | -557,175 |
| 2016–17 Planned | 2016–17 Actual | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 4 | 4 | 0 |
Sub-sub-program 1.1.2.4: Family Justice
Description
The Department, through grants and contributions funding, provides support to Canadians experiencing separation and divorce by facilitating effective delivery of programs and services, such as parent education, mediation, support enforcement and child support recalculation, and developing family law information and training resources. Family justice funding assists the provinces and territories to develop and provide family justice services and programs that are aimed at enhancing the capacity of parents to reach appropriate custody, access and support agreements and comply with those agreements. Federal funding also assists non-government organizations in developing family law information and training resources, supports implementation of the Department’s legislative obligations and policy priorities in the area of family justice, and provides support to program evaluation by collecting and reporting on the funding data. This sub-sub program uses funding from the following grants and contributions program: Supporting Families Fund.
Results
The Supporting Families Fund (renamed the Canadian Family Justice Fund) is a key component of the Supporting Families Initiative. It enables provinces and territories, as well as non-governmental organizations, to provide a range of services, programs, and information resources for divorcing or separating parents to gain access to the family justice system and to help parents comply with financial support, custody and access obligations. The Fund also supports non-governmental organizations in developing family law information resources for separating and divorcing families, particularly those from communities that may face barriers in accessing the family justice system such as Indigenous, official language minority, immigrant, rural, and remote communities.
The Department successfully sought renewed funding for the Fund as well as other family justice services and activities on a permanent basis. As announced in Budget 2017, an investment of $107.8 million over five years starting in 2017-18 and $21.1 million per year thereafter was granted to support family law activities to ensure that fair and timely services are available to families no matter where they live. In 2016-17, the Fund provided $16 million to provinces and territories and non-governmental organizations.
The Fund also supported innovative initiatives such as Alberta’s online Parenting After Separation for Families in High Conflict course and the expansion of Ontario’s online tool for resolving disputes through mediation that allows for virtual communications.
In addition, the Supporting Families Fund provided funding under the pilot projects component to seven provinces and territories as well as 11 non-governmental organizations. Projects included the facilitation of a child-focused approach to family justice proceedings and the development of public legal and education materials to reach new Canadians. A good example is in Alberta, where the Chinese Community Service Association translated and culturally adapted information resources for parents who have been separated or divorced. Another example is the Public Legal Education and Information Service of New Brunswick which offered information workshops and produced a Spanish translation of the handbook Family Law Matters for Immigrants in addition to the Korean, Arabic and Mandarin versions produced the year before.
| Expected results | Performance indicators | Target | Date to achieve target | 2016–17 Actual results | 2015–16 Actual results | 2014–15 Actual results |
|---|---|---|---|---|---|---|
| A family justice system that supports access to family justice information, services, and programs for Canadians experiencing separation and divorce. | Percentage of federal funds accessed by provinces and territories and non-governmental organizations | 100 | March 2017 | 100 | 100 | 99 |
| 2016–17 Planned spending | 2016–17 Actual spending (authorities used) | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 16,447,666 | 16,138,212 | -309,454 |
| 2016–17 Planned | 2016–17 Actual | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 2 | 2 | 0 |
Sub-sub-program 1.1.2.5: Aboriginal and Northern Justice
Description
The Department contributes funding to the provinces and territories for programs and services which provide culturally appropriate assistance to Aboriginal people navigating the criminal justice system. The Department also provides funding to a range of recipients who deliver programs which provide culturally relevant alternatives to the mainstream justice system for Aboriginal people. Finally, the Department provides contribution funding to the territories to help ensure that Northern residents have access to legal representation and advice as well as information on the justice system. Funding is provided through the following grants and contributions programs: Aboriginal Justice Strategy, Aboriginal Courtwork Program, and Access to Justice Services Agreements in the Territories.
Results
In 2016-17, the Department successfully sought renewed funding for the Indigenous Justice Program (formerly the Aboriginal Justice Strategy) as announced in Budget 2017, with the investment of $55.5 million over five years, starting in 2017-18, and $11.1 million per year thereafter. This renewal provides a stable and long term foundation for the increased use of restorative justice processes.
The Community-Based Justice Fund continued to support 197 Indigenous community-based programs that offer alternatives to the mainstream justice processes in appropriate circumstances.
The Capacity-Building Fund, which supports Indigenous communities in developing the knowledge and skills needed to establish and manage community-based justice programs, allocated over $1.7 million to 56 projects. This funding supports regional gatherings and emerging issues such as violence against Indigenous women and girls.
The Department continued to provide funding to provinces for Indigenous courtwork services through the Indigenous Courtwork Program (formerly the Aboriginal Courtwork Program). In the territories, funding is provided through the integrated Access to Justice Services Agreements which include legal aid, courtwork services, and public legal education activities to address the unique needs and circumstances of northern communities and residents by allowing for a flexible approach for the delivery of access to justice services.
The Indigenous Courtwork Program is delivered by and for the Indigenous community and continues to give culturally relevant support and information to all Indigenous people (adult and youth) who are in contact with the criminal justice system, supporting the Government priority of respect, cooperation, and partnership with Indigenous peoples.
The Department worked closely with its federal, provincial and territorial partners and Indigenous delivery agencies to successfully implement the ongoing additional $4 million per year for Indigenous courtwork services as announced in Budget 2016. This increase enables over 60,000 Indigenous people per year involved in the criminal justice system to receive culturally relevant services, to decrease the number of cases coming before the courts, speed up the processing of cases, and reduce the number of Administration of Justice Offences. Moreover, pilot projects to test approaches that address gaps in services are ongoing as part of the Indigenous Courtwork Program.
| Expected results | Performance indicators | Target | Date to achieve target | 2016–17 Actual results | 2015–16 Actual results | 2014–15 Actual results |
|---|---|---|---|---|---|---|
| A justice system that responds to the needs of Aboriginal people by providing culturally relevant information and services. | Percentage of individuals referred to an Aboriginal Justice Strategy program who have completed the program. | 90 | March 2017 | 85 | N/ATable note viii | 89Table note viii |
| Percentage of Aboriginal Courtwork Program clients indicating a level of satisfaction of “satisfied” or “very satisfied” with the information provided. | 80 | March 2018 | Data available February 2018Table note ix | N/ATable note ix | 92Table note ix | |
| Territorial residents have access to justice services (legal aid, public legal education and information, Aboriginal Courtwork Program) that respond to their needs and circumstances. | Number of approved applications for legal aid in the territories. | 3,000 | March 2017 | 3,861 | 2,874 | 2,916 |
- Table note viii
-
The 2014-15 percentage reflects baseline figures from 2010-11. Information was not available for 2015-16 as the indicator is reported every five years.
- Table note ix
-
The 2014-15 percentage reflects baseline figures from 2012-13. Information is not available for 2016-17 or 2015-16 as the indicator is reported every five years.
| 2016–17 Planned spending | 2016–17 Actual spending (authorities used) | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 24,123,384Table note x | 29,171,176 | 5,047,792Table note xi |
- Table note x
-
Revision of 2016-17 Planned Spending in the amount of $9,767,956 from the Sub-sub-program Criminal Justice and Legal Representation to the Sub-sub-program Aboriginal and Northern Justice to correct a misalignment of resources.
- Table note xi
-
Variance is mainly explained by additional resources received through the Supplementary Estimates process.
| 2016–17 Planned | 2016–17 Actual | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 12 | 13 | 1 |
Sub-sub-program 1.1.2.6: Justice in Official Languages
Description
The Department, through grants and contributions funding, provides support to improve access to justice in both official languages to persons navigating the justice system. The Department manages the Access to Justice in Both Official Languages Support Fund and takes positive measures to fulfill the federal government’s commitment contained in section 41 of Official Languages Act towards the development of official language minority communities and the promotion of English and French. The Department also manages the Contraventions Act Fund that provides funding to provinces, territories and municipalities where the Contraventions Act is implemented so that they can provide justice services on behalf of the federal government in a manner consistent with the applicable language rights involving compliance with judicial services as set out in sections 530 and 530.1 of the Criminal Code and extra-judicial services as set out in Part IV of the Official Languages Act. This sub-sub program uses funding from the following grants and contributions programs: Access to Justice in Both Official Languages Support Fund and Contraventions Act Fund.
Results
Access to Justice in Both Official Languages
In 2016-17, the Access to Justice in Both Official Languages Support Fund provided funding to 48 projects to enhance the capacity of the Canadian justice system to offer services in both official languages and increase access to legal information on rights and obligations in official language minority communities. Of particular note, was the financial support provided to the five legal information centres in Ottawa, Halifax, Regina, Edmonton and Winnipeg. These innovative hubs offer the public assistance in dealing with legal issues by providing legal information in a timely and well-informed manner.
In addition, the Support Fund contributed to 14 projects designed to ensure that justice professionals (such as provincially appointed judges, provincial crown attorneys, probation officers, and clerks) across Canada have access to professional training that will enable them to provide services in a time sensitive manner in both official languages.
Four projects contributed to the development of an academic curriculum for bilingual students interested in pursuing a career in the justice sector, thereby increasing the number of justice professionals that will be able to offer services within official language minority communities in both official languages. Six projects focused on developing linguistic training tools, including the Jurisource.ca portal which provides legal and jurilinguistic resources to justice professionals working with official language minority communities.
The Department also actively engaged its network of stakeholders from official language minority communities through broad consultations with more than 60 groups and associations, to obtain feedback on the implementation of the Support Fund’s strategy and guide the Department in the elaboration of its next strategy, expected to start in 2018-19.
Contraventions Act
The Contraventions Act allows for the creation of a ticketing scheme for federal regulatory offences designated as contraventions as an alternative to the summary conviction procedure in the Criminal Code. The Act decriminalizes certain federal offences, ensures more effective application of federal statutes and reduces the workload of the courts by allowing the voluntary payment of fines. Federal contraventions are prosecuted using provincial ticketing schemes.
Through the Contraventions Act Fund, the Department continued to implement, in partnership with the provinces, territories and municipalities, measures guaranteeing the use of both official languages in proceedings instituted under the Contraventions Act. Participating provinces successfully fulfilled official languages duties on behalf of the federal government by sustaining measures ensuring that an accused’s language rights are respected in the prosecution of federal contraventions.
Training sessions for enforcement officers were also offered to contribute to the proper enforcement of federal regulations and to enhance departmental knowledge of provincial prosecution proceedings. The Department also consulted Newfoundland and Labrador’s Francophone community on the linguistic measures put in place and received positive feedback for the implementation of the regime in the province. Similar discussions will continue with the provinces of Saskatchewan and Alberta.
| Expected results | Performance indicators | Target | Date to achieve target | 2016–17 Actual results | 2015–16 Actual results | 2014–15 Actual results |
|---|---|---|---|---|---|---|
| Canadians have access to a criminal justice system that responds to their needs in the official language of their choice. | Percentage of provinces and territories where justice system stakeholders (prosecutors, court clerks, judges, etc.) have access to specialized language training to facilitate access to justice in the official language of choice. | 100 | March 2017 | 100 | 100 | 100 |
| Canadians have access to legal information regarding their rights and responsibilities in the official language of their choice. | Percentage of provinces and territories for which official language minority communities have access to legal information through an information hub that provides Canadians with legal information through a telephone helpline, online, or in person. | 100 | March 2017 | 100 | 100 | 100 |
| Canadians in designated areas who have received a federal contravention have access to the justice system using the official language of their choice. | Number of complaints with respect to judicial and extra-judicial services in the official language of choice. | 0 | March 2017 | 0 | 0 | 0 |
| 2016–17 Planned spending | 2016–17 Actual spending (authorities used) | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 15,833,943 | 11,368,385 | -4,465,558 |
| 2016–17 Planned | 2016–17 Actual | 2016–17 Difference (actual minus planned) |
|---|---|---|
| 2 | 10 | 8 |
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