2018–19 Departmental Results Report
Results: What we Achieved
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 all government regulations for consistency with the Canadian Charter of Rights and Freedoms. Additionally, the Attorney General is responsible for advising the heads of departments on all matters of law and for conducting all litigation for federal departments or agencies on subjects within the authority or jurisdiction of Canada.
Results
The Department continued to focus on collaboration and joint planning with client departments in order to ensure the delivery of effective and fiscally sustainable legal services. 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 with respect to implementing priorities.
Through its legal services, the Department continued to protect the rights of Canadians and ensured that the Canadian Charter of Rights and Freedoms was respected. The guiding principles of Gender-Based Analysis Plus (GBA+) were broadly applied in the Department’s work, including the provision of legal services to other client departments, and in advice to Cabinet.
The Department also sought opportunities to improve the delivery of legal services. This included the adoption of new innovative technologies. As an example, the Department conducted a pilot project to evaluate whether a tool described as an artificial intelligence (AI) - powered tax law software can assist counsel in legal research. The Department also collaborated with clients in launching and reviewing a public Request for Information (RFI) to explore options for developing AI-based research tools in the immigration, labour, and employment law fields. The Department also supported technology-based initiatives to improve access to justice. These initiatives included: contributing funding towards the third-party development of an online system for assisting complainants of sexual misconduct; and contributing resources towards an academic partnership exploring ways in which technology can be of service to stakeholders in the justice system.
1. Result: High Quality Legal Services
The Department provided high quality legal advisory, legal policy, litigation, and legislative services to advance priorities related to economic, social, and governmental affairs, as well as the Government of Canada’s commitment to working towards reconciliation with Indigenous peoples, the renewal of the nation-to-nation, government-to-government, and Inuit-Crown relationship between Canada and Indigenous peoples.
The following identifies specific highlights regarding the Department’s provision of legal services.
1.1 Advancing Reconciliation
To advance reconciliation through a renewed nation-to-nation, government-to-government, and Inuit-Crown relationship, based on recognition of rights, respect, cooperation and partnerships, the Department provided legal services to support:
- The Government of Canada on the National Inquiry into Missing and Murdered Indigenous Women
and Girls. - The ongoing implementation of the Principles Respecting the Government of Canada’s Relationship with Indigenous Peoples. The Department issued the Attorney General of Canada’s Directive on Civil Litigation Involving Indigenous Peoples, which prescribes new approaches to the development of litigation positions in Indigenous cases, including the identification of cases for out-of-court resolution and other alternatives to litigation.
- Negotiations and conclusion of modern treaties and self-government agreements, including development of the innovative Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia.
- Negotiations and establishment of a new fiscal relationship with self-governing Indigenous peoples and the renewal of all fiscal agreements with modern treaty groups.
- The growing number of Recognition of Indigenous Rights and Self Determination tables that include flexible processes to ensure that discussions are community driven and respond to unique needs.
- The development of Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, which affirms the rights and jurisdiction of Indigenous peoples in relation to child and family services and sets out principles, such as the best interests of the child, cultural continuity, and substantive equality.
- The development of an enhanced Indigenous role in the amended Fisheries Act and the new environmental review and regulatory regime under Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence and Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.
- The development of Bill C-91, the Indigenous Languages Act.
- The response to the Federal Court of Appeal decision on the Trans Mountain Expansion Project.
In renewing the nation-to-nation relationship with Indigenous peoples, the Department supported:
- the Minister of Justice and Attorney General of Canada on the Working Group of Ministers on the Review of Laws and Policies Related to Indigenous peoples; and
- the Deputy Minister of Justice and Deputy Attorney General in her work as co-chair of the Deputy Ministers Task Force on Reconciliation.
1.2 Social Affairs
In the area of social affairs, the Department provided legal services to support:
- Health Canada in the drafting of the Regulations for Monitoring of Medical Assistance in Dying. These regulations prescribe certain information to be gathered about consent and medical condition by various health practitioners, and designate the governmental official responsible for the collection of information.
- Public Safety Canada by providing advisory and legislative drafting services for Bill C-83, An Act to amend the Corrections and Conditional Release Act and another Act and Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis, which include amendments to the Correctional and Conditional Release Act to address administrative segregation, pardons and other correctional matters.
- Health Canada and the Government response to the opioid overuse crisis by drafting new regulations to restrict access to chemicals that are used in the illegal production of fentanyl.
- Health Canada in the implementation of the Cannabis Act and related regulations to address new classes of cannabis, namely edible cannabis, cannabis extracts and cannabis topicals.
- The Canadian Food Inspection Agency in the drafting and implementation of the Safe Food for Canadian Regulations, and in continuing to support the regulatory framework for food and safety to mitigate risks for all food imported into Canada.
- Health Canada’s healthy eating strategy, including the introduction of restrictions on the commercial marketing of unhealthy foods to children and the improvement of food labels to help Canadians make healthier choices.
- The Government of Canada’s efforts pertaining to irregular migration at border crossings and immigration reform. The Department provided advice on border enforcement measures that were included in Bill C-97, the Budget Implementation Act, 2019. These included measures to manage arrivals at the border, to detect and discourage misuse of the visa system, and to invest in an asylum system that is fair, fast and final.
- Public Safety Canada with its Cyber Security Strategy, particularly for the governance model and critical cyber systems.
1.3 Economic Affairs
In the area of economic affairs, the Department provided legal services to support:
- Public Services and Procurement Canada and other key departments on behalf of the Department of National Defence in the context of major procurement projects, such as the fighter aircraft capability project.
- Global Affairs Canada and other departments in the conclusion of negotiation, signature, and domestic ratification and implementation of the Canada-United States-Mexico Agreement (CUSMA), which was signed by all parties on November 30, 2018.
- Finance Canada and the Office of the Superintendent of Financial Institution in their five-year reviews of financial institutions statutes, including the Bank Act and the Insurance Companies Act.
- Finance Canada and Financial Transactions and Report Analysis Centre of Canada in the amendments passed in Budget Implementation Act, 2019 to strengthen the federal Anti-Money Laundering/Anti-Terrorist Financing Regime as well as the amendments passed in Budget Implementation Act, 2018 in relation to the sharing of tax and other confidential information for criminal matters in Canada and abroad.
- Canada Revenue Agency in its commitment to crack down on tax evasion and combat tax avoidance to ensure the fairness and integrity of the tax system.
- Environment and Climate Change Canada and Finance Canada in establishing a pricing mechanism for greenhouse gas emissions from large industrial facilities, under the Greenhouse Gas Pollution Pricing Act.
- Environment and Climate Change Canada in the implementation of the Paris Climate Agreement and the Pan Canadian Framework on Clean Growth and Climate Change, including the introduction of carbon pricing to reduce greenhouse gas emissions.
- Canadian Environmental Assessment Agency, Fisheries and Oceans Canada, and Transport Canada to review Canada’s environmental assessment processes, modernize the National Energy Board and review the Fisheries Act and the Navigation Protection Act.
- Fisheries and Oceans Canada in the implementation of the Ocean Protection Plan to protect the marine environment of Canada’s three coasts and to improve marine safety.
- Transport Canada in strengthening the safety and security of transportation, including the transportation of dangerous goods by rail, through amendments to the Transportation of Dangerous Goods Regulations.
- Transport Canada in the changes to the Canadian Aviation Regulations that prescribe flight crews’ hours of work and rest periods that take into account employee fatigue and international standards to limit the amount of time a flight crew member can be on the job.
- Transport Canada in the development of a comprehensive regulatory framework for drone use, including operational rules as well as requirements for device registration and pilot certification.
- The Canadian Transportation Agency in the drafting of the Air Passenger Protection Regulations. These regulations ensure clearer, more consistent passenger rights by establishing minimum airline requirements, standards of treatment, and minimum levels of compensation that all air carriers must provide to passengers.
- Innovation, Science and Economic Development Canada programs to support and grow Canadian businesses in respect of amendments to corporate and insolvency statutes to enhance retirement security and to support the liberalization of internal trade.
1.4 Government Affairs
The Department provided legal services to support the advancement of a Government of Canada litigation strategy with a focus on:
- Respecting the Canadian Charter of Rights and Freedoms.
- Recognizing the rights of Indigenous peoples (First Nations, Inuit and Métis).
- Making decisions consistent with the Government’s priorities and Canadian values.
- Implementing the conflict-resolution approach set out in the Attorney General of Canada’s Directive on Civil Litigation Involving Indigenous Peoples.
- The publication of the Litigation Year in ReviewFootnote 1, which promotes openness and transparency with respect to the litigation positions of the Attorney General of Canada.
| Expected results | Performance indicator | Target | Date to achieve target | 2018–19 Actual results | 2017–18 Actual results | 2016–17 Actual results |
|---|---|---|---|---|---|---|
| Departments and agencies receive high quality legal services | Client satisfaction mean rating of 8.0 (or greater) on a 10-point scale on the overall quality of legal services | 8 or greater | March 2020 | Advisory: 8.6 Litigation: 8.4 Legislative: 8.6 Regulatory: 8.0table note i | Advisory: 8.8 Litigation: 8.5 Legislative: 8.6 Regulatory: 7.9table note i | Advisory: 8.5 Litigation: 8.3 Legislative: N/Atable note i Regulatory: N/Atable note ii |
| Client satisfaction mean rating of 8.0 (or greater) on a 10-point scale on the performance of legal services against the Service Standards for the Provision of Legal Services in Government | 8 or greater | March 2020 | Responsiveness/ Accessibility: 8.8 Usefulness: 8.5 Timeliness: 8.3table note i | Responsiveness/ Accessibility: 8.9 Usefulness: 8.6 Timeliness: 8.5table note i | Responsiveness/ Accessibility: 8.7 Usefulness: 8.4 Timeliness: 8.2table note i | |
| Percentage of litigation files resolved in a fiscal year that have a successful outcome (settled or adjudicated) from the Crown’s perspective | 70% or greater | March 2019 | 80% | 79% | 80% |
The results from the Client Feedback Survey (CFS) show that the Department either met or exceeded the target of 8.0 in 2018-19 and that client satisfaction ratings remained relatively stable over the last three years. Approximately 50% of service users have been surveyed as of March 31, 2019. The complete results including all service users will be available in March 2020.
| 2018–19 Main Estimates | 2018–19 Planned spending | 2018–19 Total authorities available for use | 2018–19 Actual spending (authorities used) | 2018–19 Difference (Actual spending minus Planned spending) |
|---|---|---|---|---|
| 184,853,562 | 184,853,562 | 244,330,076 | 243,874,771 | 59,021,209table note i |
| 2018–19 Planned full-time equivalents | 2018–19 Actual full-time equivalents | 2018–19 Difference (Actual full-time equivalents minus Planned full-time equivalents) |
|---|---|---|
| 3,039 | 3,122 | 83table note i |
Financial, human resources and performance information for the Department of Justice’s Program Inventory is available in the GC InfoBase.
Justice System Support
Description
The Department plays an essential role in ensuring a fair, relevant and accessible Canadian justice system. This is a shared responsibility 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
Under the Justice System Support core responsibility, the Department works to achieve three key results:
- Justice Canada 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 criminal justice system supports alternative ways of responding to the causes and consequences of offending.
- Canadians in contact with the justice system have access to appropriate services enabling a fair, timely and accessible justice system.
The Department is responsible for developing and coordinating all federal justice legislative reforms, policy options, initiatives and related programming. The Department tests innovative programming approaches to strengthening the legal framework within the following domains: criminal justice (including sentencing, criminal procedure, youth criminal justice and justice for victims of crime); Indigenous justice; family and children’s law (including separation and divorce); access to justice; bijuralismFootnote 2; judicial affairs; human rights; privacy; access to information, and official languages.
GBA+
Gender-Based Analysis Plus (GBA+) considerations were taken into account throughout the development of 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. The GBA+ assessment showed that the proposed amendments were expected to have differential, but positive impacts, on women and other vulnerable marginalized groups. For instance, it showed that the overwhelming majority of victims of intimate partner violence are women, who tend to experience multiple victimizations and severe violence. Consequently, the reforms to strengthen the criminal justice system response to intimate partner violence are expected to have a positive impact on victims and survivors, who are predominantly women, by providing them with greater protection at the bail and sentencing stages.
What is GBA+?
GBA+ is an analytical tool used to assess the potential impacts of policies, programs, services and other initiatives on diverse groups of women, men and people with other gender identities. The “plus” in GBA+ acknowledges that GBA+ goes beyond biological (sex) and socio-cultural (gender) differences. We all have multiple identity factors that intersect to make us who we are; GBA+ also considers many other identity factors, like ethnicity, religion, age, and mental or physical disability.
GBA+ informed the development of 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. The analysis considered that, with respect to family violence, children are particularly vulnerable members of the family; Statistics Canada data also indicates that, in comparison to men, women are more likely to suffer more serious types of intimate partner violence and more serious injuries. Overall, Bill C-78 promotes faster, more cost-effective and lasting solutions to family law disputes, reducing the burden on courts and leading to better outcomes for families.
Through the Legal Aid Program (under Legal Representation), the Department funded projects across Canada which provide legal information and advice to persons who have experienced sexual harassment in the workplace, regardless of their economic status.
As well, the Justice Partnerships and Innovation Program (under Justice System Partnerships), funding was made available to develop a pan-Canadian public legal education and information outreach program to better inform workers about their rights and how they can access help if they have been harassed in the workplace.
The following provides specific highlights for each key result under the Justice System Support core responsibility.
1. Result: Justice Canada Laws and Policies Abide by the Rules of Law and Promote Respect for Rights and a Fair, Accessible and Relevant Legal Framework in Canada
The Department worked to foster public safety and security while transforming the criminal justice system. It did so by supporting improvements that helped increase efficiencies and reduce delays for all those involved in the system as well as assisting in reducing the overrepresentation of Indigenous peoples and vulnerable populations in the criminal justice system.
Reform initiatives included under 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, will strengthen, transform and modernize the criminal justice system, by focusing on bail measures, administration of justice offences (AOJOs), preliminary inquiries, reclassification of offences, judicial case management, jury-selection processes, and measures to further increase criminal justice system efficiencies. In the context of young persons, reform initiatives encouraging the use of alternatives to charges for AOJOs, ensuring that bail or sentence conditions are necessary and reasonable and only imposed for valid criminal justice purposes, and limiting the use of custody for AOJOs. The purpose of these amendments is to reduce delays in the youth criminal justice system and to increase the effectiveness of this system with respect to offences against the administration of justice.
Other amendments to the Criminal Code came into force to remove outdated provisions and clarified and strengthened sexual assault law to ensure that victims of sexual assault and gender-based violence are treated with the utmost compassion and respect through Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act.
The Department continued efforts to promote respect for rights by supporting amendments to the Department of Justice Act (former Bill C-51), that requires the Minister of Justice to table a statement of a bill’s potential effects on the rights and freedoms guaranteed by the Charter for all government bills.
Through Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting), the Department also supported the introduction of legislation to update the Criminal Code to strengthen protections for children and other vulnerable individuals and advance animal protection by broadening the scope of bestiality and animal fighting offences. The new legislation will better protect children and animals from cruelty and abuse.
In addition, to the work done under Legal Services, the Department provided policy support for passage and implementation of the Cannabis Act(former Bill C-45). This Act creates a strict legal framework for controlling the production, distribution, sale and possession of cannabis across Canada.
The Department led the development of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, that repealed and replaced the entire Criminal Code transportation regime. This resulted in a modernized, simplified and comprehensive approach to transportation offences, including drug and alcohol impaired driving. This area is one of the most litigated in the Criminal Code.
The Department played a key role in the continued implementation of the Truth and Reconciliation Commission’s Calls to Action including the Calls to Action #42 (administration of justice) and #43 (implementation of the United Nations Declaration on the Rights of Indigenous Peoples). The Department did so by leading exploratory discussions that led to progress toward agreements with Indigenous communities on developing innovative approaches to Indigenous-led administration of justice and by working on engagement strategies with provinces, territories and Indigenous peoples.
The Department provided support in the elaboration and implementation of Canada’s foreign policy to ensure that it is coordinated with Canadian criminal law and criminal law policy, while advancing and protecting Canadian interests and values in the development of international anti-crime and terrorism measures. In this regard, the Department also participated in the crime prevention and criminal justice work of the United Nations, including as part of the annual sessions of the United Nations Commission on Crime Prevention and Criminal Justice. The Department drafted a resolution on cybercrime that will be recommended for adoption at the 2019 session of the United Nations General Assembly.
The Department also participated in the following international criminal justice related meetings:
- The Organization for Economic Co-operation and Development;
- The Organization of American States;
- The Council of Europe;
- The Commonwealth;
- The G7 and other multilateral fora.
At the Council of Europe, the Department along with Global Affairs Canada, participated in the negotiation of an Additional Protocol to the Council of Europe Convention on Cybercrime on access to transborder data.
The Government of Canada also became a full member of the European Commission for Democracy through Law (Venice Commission) with the Department of Justice as the lead on Canada’s participation. Membership in the Venice Commission is consistent with the Department’s mandate, policies and programs, which promote respect for constitutionalism, the rule of law, the administration of justice (including judicial independence), human rights, and the protection of minorities.
In the field of family law, the Department introduced legislation to modernize Canada’s family justice system to make it more relevant, accessible and efficient (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). This is the first substantive change to Canada’s family law regime in over 20 years. The new legislation aims to put the best interests of the children first, help alleviate child poverty, address family violence, and improve the efficiency and effectiveness of the family justice system. In addition, the new legislation allows parties to use either official language in all proceedings before the courts of first instance under the Divorce Act.
To support the Government in its commitment to increase the use of restorative justice processes as part of the review of the criminal justice system, the Department, in collaboration with other federal departments and provincial and territorial governments, updated the Principles and Guidelines on Restorative Justice Practice in Criminal Matter to support the increased use of restorative justice. Federal, provincial and territorial ministers of justice agreed to increase the use of the principles and guidelines by a minimum target of five percent per jurisdiction, where possible, over the next three years.
| Departmental result | Performance indicators | Target | Date to achieve target | 2018–19 Actual results | 2017–18 Actual results | 2016–17 Actual results |
|---|---|---|---|---|---|---|
| Justice Canada laws and policies abide by the rule of law and promote respect for rights and a fair, accessible and relevant legal framework in Canada | Canada’s international ranking with respect to the rule of law | Top 10% | March 2019 | 7.1%table note i (9/126) | 8.0%table note ii (9/113) | 10.6%table note iii (12/113) |
| Percentage of Canadians who think that the criminal justice system is: a) fair, and b) accessible | TBD | March 2019table note iv | 57% of Canadians have moderate to high confidence that the criminal justice system is fair 62% of Canadians have moderate to high confidence the criminal justice system is accessibletable note v |
Not available New Indicator |
Not available New Indicator |
|
| Number of constitutional challenges in the provincial and territorial courts of appeal and the Supreme Court of Canada | TBD Baseline Year | March 2019 | Provincial/
territorial courts of appeal: 56 Supreme Court of Canada appeals: 5 |
Not available New Indicator | Not available New Indicator |
2. Result: The Criminal Justice System Supports Alternative Ways of Responding to the Causes and Consequences of Offending
The Indigenous Justice Program provided significant financial support for community-based programs that use culturally relevant restorative justice approaches to address the overrepresentation of Indigenous people as offenders, victims and accused. The programs are community-led and designed to reflect the cultures, values and specific justice needs of the communities in which they are situated. Programs work to address the underlying causes of offending, such as past trauma, substance abuse and mental health issues, and often use restorative justice approaches that involve victims and other community members. The program supported 196 Indigenous community-based justice programs that serve over 750 urban, rural and Northern communities, both on-and off-reserve.
The Department provided funding through the Drug Treatment Court Funding Program to the participating provinces and territories for court-monitored treatment and community service for non-violent offenders with drug addictions. One objective of the program is to promote and strengthen the use of alternatives to incarceration.
Funding was provided by the Department through the Victims of Crime Program to the Government of Nunavut for a therapeutic justice pilot project to provide traditional counselling and clinical therapy to individuals involved in the justice system as a result of mental health issues and addiction arising from factors such as trauma, violence, abuse and past victimization. The project aims to improve services to Indigenous peoples and those with mental illness throughout the criminal justice system and allows for interventions based on principles of healing and restorative justice.
The Department also provided financial support to the provinces and territories through the Youth Justice Program, which directly support the policy directions of the Youth Criminal Justice Act. The youth justice system strives to give priority to the support and promotion of community-based youth justice services and programs that allow jurisdictions to minimize their use and reliance on custody. According to Statistics Canada’s most recent available youth court data, 87% of all guilty youth received a non-custodial sentence. The funding assists in providing a range of youth justice programs and services that target young persons in conflict with the law, such as:
- Diversion/extrajudicial measures and extrajudicial sanctions programs;
- Rehabilitative and reintegration services;
- Judicial interim release programs;
- Reports and assessments;
- Intensive support and supervision and attendance programs; and
- Conferencing and other community-based sanctions.
| Departmental result | Performance indicators | Target | Date to achieve target | 2018–19 Actual results | 2017–18 Actual results | 2016–17 Actual results |
|---|---|---|---|---|---|---|
| The criminal justice system supports alternative ways of responding to the causes and consequences of offending | Number and type of restorative justice programs/processes available | Maintain baseline level of 448 or increase | March 2019 | 448 restorative justice programstable note i | Not available New Indicator |
Not available New Indicator |
| Number of people who have used the available restorative programs/processestable note ii | TBD | March 2019 | Not available | Not available | Not available | |
| Number/ percentage of court-imposed community-based sentences as compared to number/percentage of incarceration sentences | 35% custody sentences | March 2019 | Not availabletable note iii | Not availabletable note iii | 38% | |
| Percentage of individuals who were referred to an Indigenous justice program and participated in the program | 90% or greater | March 2019table note iv | Not available | Not available | Not available | |
| Percentage of youth court cases receiving a non-custodial (community-based) sentence as compared to previous reported years | 85% or greater | March 2019 | Not availabletable note v | Not availabletable note v | 87%table note vi | |
| Percentage of identified, eligible intensive Rehabilitative Custody and Supervision cases receiving specialized treatment | 100% | March 2019 | 100% | 100% | 100% |
3. Result: Canadians in Contact with the Justice System Have Access to Appropriate Services Enabling a Fair, Timely and Accessible Justice System
Through the Policy Centre for Victims Issues, the Department continued to implement the Federal Victims Strategy, the objective of which is to give victims of crime a more effective voice in the criminal justice system. More specifically, under the Victims of Crime Program, the Family Information Liaison Units (FILU), continued to deliver services across the country to ensure that families of missing and murdered Indigenous women and girls have access to available information from government agencies about their missing or murdered loved ones. Funding also supported the design and delivery of Indigenous-led community-based activities that provide direct support and assistance to family members.
As well, the Victims of Crime Program provided resources to interested provinces and territories in support of pilot projects to offer independent legal advice to victims of sexual violence. These projects are aimed at enhancing access to justice and increasing the amount of information provided to victims of sexual assault. Other resources for eligible recipients through the Victims of Crime Program addressed the needs of vulnerable victims, victims of sexual offences and human trafficking, and child victims in remote, rural and Indigenous communities.
The Office of the Federal Ombudsman for Victims of Crime (OFOVC) provided direct information, referral and complaint-review services to 441 primary clients in 2018-19, including victims, victims’ family members or representatives, victim-serving agencies, and other stakeholders. More information on the OFOVC services and mandate is available in the most recently published annual report at https://victimsfirst.gc.ca/res/pub/ar1617-ra1617/index.html.
Through the Department’s Indigenous Courtwork Program under the Indigenous Justice Program, Indigenous Courtworkers continued to provide high quality, timely services to Indigenous people in contact with the criminal justice system (including accused persons, victims, witnesses and family members). These services ensure Indigenous people have the representation services they need to navigate the criminal justice system.
The Department’s Legal Aid Program continued to support the delivery of legal aid services to address the needs of economically disadvantaged persons, including vulnerable populations. Funding under this program was provided for criminal legal aid for adults and youths, immigration and refugee legal aid, as well as state-funded counsel in federal prosecutions.
The Department continued its efforts to ensure access to appropriate services to support families experiencing separation and divorce by providing funding, through the Family Justice Program, to provincial and territorial governments as well as non-governmental organizations. Projects and activities were funded to:
- Help streamline the family justice system;
- Support alternatives to court;
- Deliver workshops to provide information and materials targeting diverse and underserved populations; and
- Support family well-being.
As well, the Department continued to modernize Central Registry of Divorce Proceedings (CRDP) operations, strengthening the family justice system by leveraging new technologies to improve service delivery and streamline processes. The Registry keeps nation-wide records of divorce applications filed after July 2, 1968, and advises the courts if more than one divorce application involving the same two spouses is registered. The CRDP supported 27 Courts with online access to its databank. As well, in November 2018, the province of Ontario fully implemented data exchange between their provincial case management and the CRDP databank.
Finally, through the Government’s Action Plan on Official Languages 2018-2023: Investing in Our Future, the Department’s Access to Justice in Both Official Languages Support Fund funded 63 projects to increase the capacity of the justice system and its stakeholders to offer justice services in both official languages. These included applied language training for 55 provincially appointed judges and increased availability of legal information to official language minority communities.
| Departmental result | Performance indicator | Target | Date to achieve target | 2018–19 Actual results | 2017–18 Actual results | 2016–17 Actual results |
|---|---|---|---|---|---|---|
| Canadians in contact with the justice system have access to appropriate services enabling a fair, timely and accessible justice system | Percentage of federal funds accessed by provinces, territories, non-governmental organizations and other stakeholders to deliver targeted services consistent with federal priorities | 100% | March 2019 | 98% | 98% | 98% |
| Percentage of Indigenous Courtwork Program clients indicating a level of satisfaction of “satisfied” or “very satisfied” with the usefulness of the information provided | 80% or greater | March 2019 | Not availabletable note i | 95% | Not availabletable note i | |
| Number of times duty counsel provide assistance in criminal matters | 1,000,000 or greater | March 2019 | Not availabletable note ii | 993,971table note iii | 925,123table note iv | |
| Number of full service criminal legal aid applications approved | 270,000 or greater | March 2019 | Not availabletable note v | 266,263table note vi | 276,936table note vii | |
| Percentage of Office of the Federal Ombudsman for Victims of Crime (OFOVC) client inquiries or complaints that are assessed and acted upon | 100% | March 2019 | 100% | Not available | Not available |
| 2018–19 Main Estimates | 2018–19 Planned spending | 2018–19 Total authorities available for use | 2018–19 Actual spending (authorities used) | 2018–19 Difference (Actual spending minus Planned spending) |
|---|---|---|---|---|
| 437,758,882 | 437,758,882 | 460,369,523 | 448,180,851 | 10,421,969table note i |
| 2018–19 Planned full-time equivalents | 2018–19 Actual full-time equivalents | 2018–19 Difference (Actual full-time equivalents minus Planned full-time equivalents) |
|---|---|---|
| 289 | 291 | 2 |
Financial, human resources and performance information for the Department of Justice’s Program Inventory is available in the GC InfoBase.
Evaluation
The Department completed one evaluation in 2018-19 in its efforts to maximize the efficiency and effectiveness of departmental functions and programs. A number of evaluations were also launched during 2018-19, and will be concluded in future years.
The evaluation of the Federal Support for Family Justice was completed in March 2019. The main objective of the evaluation was to address issues related to relevance, effectiveness and efficiency. The evaluation concluded that there is an ongoing need for federal support to strengthen the family justice system and the Department is well positioned to fulfill this need. Findings also indicated that the Department has contributed to the overall effectiveness of the family justice system and that grants and contributions have been delivered efficiently. However, access to family justice could be increased and strengthened to meet the needs of diverse and underserved populations.
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 corporate obligations of an organization. Internal Services refers to the activities and resources of the 10 distinct service categories that support Program delivery in the organization, regardless of the Internal Services delivery model in a department. The 10 service categories are:
- Acquisition Management Services
- Communications Services
- Financial Management Services
- Human Resources Management Services
- Information Management Services
- Information Technology Services
- Legal Services
- Materiel Management Services
- Management and Oversight Services
- Real Property Management Services
Supporting Employees
In 2018-19, the Department established a Finance-to-Pay team to improve the efficiency of employee pay file reconciliations, help employees and managers navigate pay-related issues, and ensure that Justice employees experiencing pay issues received priority payments as quickly as possible, when needed.
In Supporting our People, Justice continued to focus on the human resources foundation by developing organizational structures; defining, classifying and aligning jobs and positions with departmental priorities; and ensuring that employees are paid fairly and appropriately, for the work they perform.
With the implementation of the Human Resources Management Plan and the Employment Equity Plan, the Department developed strategies to identify, recruit, develop and retain a diverse workforce and key talent to meet current and future needs. By putting in place key recruitment and development initiatives, such as the Paralegal Recruitment Strategy, the Legal Excellence Program for articling students, the Federal Student Work Experience Program, and the Indigenous Summer Employment Opportunity, the Department continued to build a diverse, inclusive and representative workforce.
GBA+ training continued to be a requirement for all Justice employees. As a result, employees are more informed about how to assess the potential impacts of policies, programs and other initiatives on diverse groups within the Canadian population.
The Department continued to support the Federal Public Service Workplace Mental Health Strategy through the continued implementation of the Mental Health Action Plan 2017-2020. Some of our achievements included publishing 21 internal articles related to mental health and holding 38 awareness sessions for employees. An action plan was developed to implement a Psychological Health and Safety Management System in the Department and consultations in support of this plan were initiated.
Promoting Innovation and Collaboration
The Department continued to advance an open-by-default approach to information sharing while leveraging technology to improve collaboration. The Digital Workspace provides a platform for collaboration and document management across the Department, and is a fundamental service for the management of corporate information.
Innovation and collaboration are central to the Department’s efforts to provide more strategic, proactive and relevant communications to all Canadians. In 2018-19, the Department continued to use a digital-by-design, digital-first communications approach to reach Canadians. This included using social media to its fullest capacity to share accurate and timely information and develop storylines that dynamically explain laws and policies to Canadians. Over the report period, the Department gained more than 21,400 new followers across its multiple social media platforms.
The Department began implementing a modernized Legal Case Management System. This tool will assist employees in improving data integrity, timekeeping, document management and collaboration.
The Department continues to explore the use of artificial intelligence (AI) and cloud services to identify key areas where these tools could have the greatest impact. The Department’s AI Task Force launched a new working group to develop legal guidance in this emerging area of law. An AI area of practice on Justipedia (the Department’s legal knowledge portal) was launched, and training focused on AI and the law was developed.
Justice continues to support the Federal Sustainable Development Strategy (FSDS) 2016-2019 by taking actions to facilitate the shift to a low-carbon government, as set out in the Justice Sustainable Development Strategy (JSDS) 2017-2020. The Department has also contributed to reporting on the United Nations (UN) Sustainable Development Agenda 2030 goals.
Results
| 2018–19 Main Estimates | 2018–19 Planned spending | 2018–19 Total authorities available for use | 2018–19 Actual spending (authorities used) | 2018–19 Difference (Actual spending minus Planned spending) |
|---|---|---|---|---|
| 75,132,559 | 75,132,559 | 98,410,946 | 96,751,723 | 21,619,164table note i |
| 2018–19 Planned full-time equivalents | 2018–19 Actual full-time equivalents | 2018–19 Difference (Actual full-time equivalents minus Planned full-time equivalents) |
|---|---|---|
| 985 | 973 | -12 |
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