2017–18 Departmental Results Report
Operating context and key risks
Operating context
The Department’s operating context is ever-evolving, with a few key factors in particular influencing Government and Department of Justice priorities.
Demographic realities continue to have an impact on access to justice and the Department’s delivery of programs. Canada’s society is aging, living longer and becoming more diverse both culturally and linguistically. The Indigenous population is younger than the overall Canadian population and, while growing as a segment of the national population, is overrepresented in the criminal justice system. The intersection of race, ethnicity, gender, age, ability, geographic location, education, and differing social supports means that more inclusive and tailored legal policy approaches must be developed to respond better to various issues, including those that affect Indigenous people and other vulnerable populations.
These new realities are reflected in the work of the Department such as its review of the criminal justice system, which is looking at ways of reducing the overrepresentation of vulnerable populations in the criminal justice system. The Department’s policy development and provision of legal services continues to be guided by the principles of Gender-Based Analysis Plus (GBA+). Diversity considerations have been integrated into decision-making, including Memoranda to Cabinet processes and Justice’s standard checklist for policy development. Improvements in the sharing and management of information have enabled new ways of communicating and working, but have also created additional demands and pressures. Justice has continued to adopt new technologies while also ensuring it is well prepared to respond to new security requirements to protect privacy and information. The Department has continued to implement its Information at Justice Strategy, including the Digital Workspace and other technological innovations to transform current work practices across the whole organization.
Canadians have come to expect access to government and information 24 hours a day through a variety of communications channels, including social media. In response, the Department continued to implement an open-by-default information environment, with digital-by-design approaches to information sharing and digital integration, offering integrated departmental content across multiple channels in order to meet the broad range of information needs from the public. These channels include web sections for proposed legislation, plain language content, Charter statements, infographics, social media, and Facebook broadcasts of ministerial events.
Justice issues are increasingly global in nature. Consequently, the global justice environment is an important consideration in the updating and improvement of the Canadian justice system and in promoting Canadian security and opportunity. In 2017-18, the Department supported the negotiation of international norms, treaties, and conventions; developed legal cooperation programs; and provided legal technical assistance to foreign countries seeking to reform their justice system. This work contributed to the promotion of democracy, respect for human rights, effective governance, and international security.
Key risks
The accelerated pace at which new policy issues may emerge or unfold is an ongoing source of uncertainty, posing challenges for timely policy and program responses. Adding to this complexity, the broad scope of justice issues and the multi-tiered nature of Canada’s justice system require the involvement and collaboration of many partners and stakeholders, including the provinces and territories, other federal departments, non-governmental organizations, stakeholder communities, and international institutions. At times, these relationships may be affected by the need to balance expectations and interests.
To manage these existing risks, Justice has continued succession planning and knowledge-management activities to develop the proper knowledge, skills, and expertise to readily navigate this complex policy environment. The Department has continued to monitor emerging trends to inform its forward planning and maintain policy responsiveness, including conducting regular policy-focused planning sessions. The Department also has continued to maintain close dialogue with its provincial and territorial partners. Additionally, it has undertaken a deliberate engagement strategy, directed at reaching different and more diverse representation of external networks, organizations and voices. This is illustrated by the active engagement of national Indigenous organizations at the annual Federal-Provincial-Territorial table of Ministers Responsible for Justice and Public Safety in September 2017 in Vancouver. This forum served to provide expertise about the causes and possible solutions to the overrepresentation of Indigenous people in the criminal justice system; emerging justice issues; how these issues might be addressed; and gaps in services.
Another ongoing area of risk concerns the Department’s responsibility to provide effective and fiscally sustainable legal services to the federal government. A certain degree of uncertainty is inherent in this responsibility since legal work is increasingly complex and cross-cutting and the practice of law is not static. In addition, the Department’s workload is significantly shaped by the activities and decisions of client organizations, who share responsibility for managing legal risks. More specifically, demands for legal services may evolve, depending on the priorities clients pursue and the various risks they face in advancing these priorities. Meeting these evolving legal needs is made more challenging as departments seek to contain spending on legal services.
To address this fundamental uncertainty, the Department has continued to focus on joint planning with clients, including sharing information on effective management of legal risks, the costs of legal services, and the appropriate role of legal counsel. Moreover, the Department has developed a new vision for the provision of legal services focused on: providing meaningful legal risk assessments; fostering collaborative client-centric strategic partnerships; recognizing and building expertise; and simplifying the funding model for legal services.
| Risks | Mitigating strategy and effectiveness | Link to the department’s Programs | Link to mandate letter commitments or to government‑wide and departmental priorities |
|---|---|---|---|
| Responding to new and emerging policy priorities – There is a risk that the broad scope and complexity of the justice system pose ongoing challenges for timely policy and program responses. |
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Program 1.1 – Stewardship of the Canadian Legal Framework |
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| Maintaining partnerships necessary for policy/program development and delivery – There is a risk that relationships with essential justice system partners and stakeholders could weaken if not actively maintained. |
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Program 1.1 – Stewardship of the Canadian Legal Framework |
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| Meeting evolving demands for legal services – There is a risk that unanticipated changes in the volume or nature of legal service requests, as well as changes in law practice management, could impact the Department’s ability to deliver effective and fiscally sustainable services. |
| Program 2.1 – Legal Services to Government Program |
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