2018–2019 Departmental Results Report - Supplementary Information Tables

Operating context and key risks

The Department’s operating context is ever-evolving, with a few key factors in particular influencing Government and Department priorities

Demographically, Canada’s society is aging, living longer and becoming more diverse. Indigenous Canadians are younger than the overall Canadian population and, while growing as a segment of the national population, are overrepresented in the criminal justice system. Family structures continue to evolve with a number of single-parent families, children living in poverty and children with parents in different/complex living arrangements. These demographic realities continue to have an impact on access to justice and on the Department’s delivery of programs.

There are heightened expectations regarding public institutions and citizen engagement in Canadian society. Canadians expect open and transparent government that swiftly and clearly responds to their needs. There are greater expectations for frequent and meaningful communications with government. The growing use of social media tools by Canadians to access information and comment on a wide range of social, legal, and justice-related issues offers opportunities to engage Canadians and capture the views of community partners and citizens.

Ongoing technological improvements, especially in the sharing and management of information, make possible new ways of communicating and working. At the same time, these advances create additional demands and pressures. New technologies are increasing the pace of change. Organizations must manage rapidly growing volumes and forms of electronic information. Moreover, the adoption of these new technologies may pose new threats to the privacy and security of Canadians, requiring new legislative, policy or program responses.

Justice issues are increasingly global in nature. Consequently, the international landscape is another important consideration in the development of the Canadian justice system and in promoting Canadian security and opportunity.

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 diverging expectations and interests.

To manage these risks, the Department has continued to monitor emerging trends to inform its forward planning, maintain policy, and program responsiveness. The Department has undertaken a deliberate engagement strategy, directed at activating a more diverse representation of external networks, organizations and voices. The Department also continued to maintain close dialogue with provincial and territorial partners. These activities were complemented by the Department’s succession management and knowledge-transfer processes aimed at maintaining the proper knowledge, skills and expertise required to navigate this complex policy and program environment.

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 dynamic. In addition, the Department’s workload is greatly shaped by the activities and decisions of client organizations who share responsibility for managing legal risks. More specifically, demands for legal service may evolve depending on the priorities clients pursue and the various risks they face with respect to advancing these priorities. Meeting these evolving legal needs is made more challenging as departments seek to contain spending on legal services.

To address this uncertainty, the Department has continued to focus on joint planning with clients, including sharing information on the effective management of legal risks. Justice continued to manage the demand for legal services and ensure the fiscal sustainability of those services in the long term. Through an ongoing commitment to continuous innovation and improvement, the Department sought to further streamline processes to better manage demand, including reviewing the funding model for legal services.

Risks Risk response strategy Link to the department’s Core Responsibilities Link to mandate letter commitments or to government‑wide and departmental priorities

Responsiveness to new and emerging policy priorities – There is a risk that the broad scope and complexity of the justice system may pose ongoing challenges for timely policy and program responses.

  • Maintained a close dialogue with partners and stakeholders (e.g. through targeted or public consultations).
  • Continued to monitor, research and analyze emerging trends to inform forward planning.
  • Conducted regular departmental planning sessions to promote information sharing and coordinated consideration of key policy issues.
  • Conducted succession planning through knowledge management and skill/leadership development.
  • Developed additional policy capacity by encouraging employees to take relevant training on consultation and engagement.

Justice System Support
  • Commitment to advancing reconciliation with Indigenous peoples.
  • Interdepartmental collaboration and speed of delivery of mandate letter commitments.
  • Review of the criminal justice system.
  • Ensuring that Canadians’ rights and privacy are respected.
  • Legalization and regulation of cannabis.
  • Amendments to the legal framework governing anti-terrorism efforts.

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.

  • Increased dialogue and collaboration with provinces and territories including at the minister and deputy minister levels.
  • Maintained and deepen relationships with key partners (e.g. National Indigenous Organizations, self-governing Indigenous groups, and other Indigenous organizations reflecting a diversity of perspectives).
  • Developed and implemented stakeholder engagement plans for policy development and funding programs.
  • Explored innovative forums for collaboration.

Justice System Support
  • Commitment to advancing reconciliation with Indigenous peoples.
  • Review of the criminal justice system.
  • Reducing the overrepresentation of Indigenous people in the criminal justice system.
  • Interdepartmental collaboration on: implementation of Medical Assistance in Dying legislation; the legalization and regulation of cannabis; and development and the implementation of a national reconciliation framework informed by the Truth and Reconciliation Commission.

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.

  • Collaborated with client departments and agencies, including joint planning to meet government priorities and manage legal risks in a cost‑effective manner.
  • Improved the cost recovery process.
  • Refined the legal services delivery model through innovation and continual improvement of departmental practices.
  • Worked with client departments and agencies to prioritize requests and encourage client use of existing tools to ensure legal services are provided at the right time.

Legal Services
  • Amendments to the legal framework governing anti-terrorism efforts.
  • Implementation of Bill C-14 Medical Assistance in Dying legislation.
  • Legalization and regulation of cannabis.
  • Renewal of Canada’s Cyber Security Strategy.
  • Review of the criminal justice system.
  • Review of policies and operational practices related to Indigenous peoples and advancing reconciliation.
  • Economic development of Indigenous peoples.
  • Canada Revenue Agency commitment to crack down on tax evasion and aggressive tax avoidance.
  • Legal and policy advice in the area of privacy and access to information.
  • Government’s litigation strategy review, collaborating with client departments on litigation positions.