2019–2020 Departmental Results Report - Supplementary Information Tables

Gender-Based Analysis Plus (GBA+)

Institutional GBA+ Capacity

The Department of Justice Canada is dedicated to ensuring that its activities are aligned with the Government of Canada’s commitments to Gender-Based Analysis Plus (GBA+) to help foster fair outcomes for diverse groups of women, men and gender diverse people. The "plus" highlights that the intersectional analysis goes beyond gender, and includes the examination of a range of other intersecting identity factors.

In 2019-20, the Department of Justice Canada continued to implement its Policy on GBA+, which encourages integration of GBA+ into decision-making processes by:

By the end of the reporting period, over 85% of Department employees had completed the mandatory GBA+ training.

The Department of Justice Canada GBA+ Unit is situated in the Policy Sector and is supported by a departmental GBA+ Action Team, whose members contribute on an as needed basis to the development of GBA+ activities and tools, and help to raise awareness regarding GBA+ across the Department.

The GBA+ Unit continued to be the first point of contact for GBA+ at Justice Canada. The Unit continued to support employees in applying a GBA+ lens and an intersectional approach to their work by:

Integrating GBA+ considerations into key documents was an essential part of the policy development process to support evidence-based decision-making. In 2019-20, the review of departmental Memoranda to Cabinet (MCs), Treasury Board Submissions and Budget Asks continued to include a GBA+ perspective.

Through its GBA+ Indicators Project, the Department continued to measure the integration of GBA+ in departmental MCs, Treasury Board Submissions and Budget Asks. The Project supports the application of the Department’s Policy on GBA+ by considering how and when gender-plus factors are applied to Department-led initiatives. Progress is measured against two indicators that are designed to consider the timeliness of GBA+ and its meaningful influence on initiatives.

The Senior Assistant Deputy Minister, Policy Sector, who is responsible for the GBA+ Unit, continued to provide leadership in the promotion, implementation and monitoring of GBA+ in the Department and to advise senior management of their roles and responsibilities. In addition, senior governance bodies were regularly engaged in strategic discussions to strengthen GBA+ across the Department.

Highlights of GBA+ Results by Program

Legal Advice for Complainants of Sexual Harassment in the Workplace, Legal Aid Program and Justice Partnership and Innovation Program

In Budget 2018, the Government of Canada responded to public and stakeholder concerns relating to workplace sexual harassment by committing to invest $50 million over five years through new components of the Department of Justice Canada’s Legal Aid Program and Justice Partnership and Innovation Program (JPIP).

This initiative is dedicated to increasing legal services across the country for persons who have experienced sexual harassment in the workplace and to developing public legal education and information outreach projects to better inform workers, particularly those most vulnerable. Through its funding of projects and services, this initiative helps ensure that Canadians in all provinces and territories have access to clear and plain language information that can help them identify workplace sexual harassment and their rights, as well as to legal advice to help them understand their available avenues of recourse and support them in their decision on next steps.

In 2019-20, the JPIP provided funding to a total of 20 projects for a financial investment of $19.7 million over five fiscal years. These projects provide trauma-informed education and information to those affected by sexual harassment in the workplace; create evidence-based tool kits and online training tools on the issue; provide training for employees, employers and business leaders; and establish strategic partnerships with high-profile business leaders and community champions to enable enduring outcomes. These projects contribute to ensuring that individuals’ rights to a safe workplace with fair treatment are respected across Canada.

During 2019-20, the Legal Aid Program funded 13 projects with a total investment of over $18.5 million over five fiscal years. This funding supports the delivery of free legal information and advice to persons who have experienced sexual harassment in the workplace, regardless of their economic status.

In their proposals, funding applicants were also asked to elaborate on how their proposed activities would impact diverse groups of women, men and people with other gender identities.

Services are delivered in urban areas as well as rural and remote areas. In the latter, services are delivered by existing organizations such as legal clinics and other organizations that work in the field of sexual violence and have both legal expertise and expertise in addressing the psychosocial issues of vulnerable, traumatized individuals. This approach is the most effective since it is using existing infrastructure and organizations that are already known in the communities. In areas where there are no existing organizations or where in-person visits by staff to rural or remote communities are not feasible, services are available by teleconference or videoconference.

Workplace sexual harassment affects vulnerable groups and is a gendered issue; it impacts a significant number of Canadian workers, including women of all ethnicities, members of LGBTQ2+ communities, and youth. Women, especially those in male-dominated industries or low-wage and precarious jobs, are most often directly affected by sexual harassment in the workplace, as are LGBTQ2+ persons and youth. In addition, sexual harassment rates are reportedly higher in certain industries that employ newcomer women and Indigenous women. For more information on studies conducted and statistics gathered on workplace harassment, please consult the following: 2017 online study conducted by Employment and Social Development Canada; Statistics Canada study released in 2018 on all forms of harassment in Canadian workplaces; study published in the Harvard Business Review in 2018 on the institutionalization of sexual harassment in restaurants.

Relevant disaggregated data that captures the intersecting vulnerabilities (gender, ethnicity, disability, age, etc.) in relation to workplace sexual harassment is scarce. A client satisfaction survey has been developed by the Department of Justice Canada in collaboration with the organizations funded through its programs under the workplace sexual harassment initiative. The survey will be distributed by the organizations to all complainants of sexual harassment in the workplace, during the last four years of the initiative (2020-21 to 2023-24), to evaluate the client/complainant’s level of access to and satisfaction with the services provided. This survey includes a number of demographic questions such as city/town, gender, race and ethnicity, level of education, etc. 

Funded organizations are required to report on their activities, including services provided to, and outcomes for, diverse groups. Information is collected on population groups targeted by the projects, communities, number of individuals reached, and specific information on vulnerable populations reached through the project activities. Through project reports, disaggregated data is collected based on:

 

The Workplace Sexual Harassment initiative is aligned with the Government of Canada’s efforts to advance gender equality. This initiative is designed to enhance equality rights, diversity, and respect for human dignity and inclusion by creating a safer working environment that will allow all workers, especially women, to reach their full potential and a higher level of satisfaction with their careers and their lives.

This initiative is also aligned with the Government of Canada’s Gender Results Framework (GRF) pillar of eliminating gender-based violence and harassment, and promoting security of the person and access to justice. The initiative contributes to the GRF pillar by providing legal education, information and advice to individuals in regard to sexual harassment in the workplace. This is also achieved by way of supporting projects that offer a better understanding of legal rights, help improve access to justice for complainants and help increase self-reporting through the development of PLEI resources targeting vulnerable people, especially women. These activities contribute to workplaces that are free of sexual harassment in Canada. As a whole, the initiative promotes the well-being, safety and security of all workers.

Revitalization of Indigenous Laws and Legal Traditions, Justice Partnership and Innovation Program

In Budget 2019, in the context of the Truth and Reconciliation Commission of Canada’s Calls to Action, the Government of Canada responded to Call to Action #50 by investing $10 million over five years in support of Indigenous law initiatives across Canada (CTA 50 initiative).

The CTA 50 initiative is aligned with the Government of Canada’s efforts to advance gender equality. The Truth and Reconciliation Commission (TRC) rejected any use of Indigenous or other laws that fundamentally treat women and men in ways that communicate or create subordination, and called upon any such law to be contested without undermining the underlying Indigenous legal systems.

Indigenous women, girls, and LGBTQ2+ people have long been subject to high levels of discrimination and violence. Violence against Indigenous women and girls is a crisis of national proportions. Indigenous women experience multiple forms of discrimination, often lack access to education, health care and ancestral lands, face disproportionately high rates of poverty and are subjected to violence, including domestic violence and sexual abuse. The revitalization of Indigenous laws has the potential to restore women’s central roles in the consensual decision-making process of their communities.

The goals of the CTA 50 initiative are: to promote a respectful inclusion of Indigenous legal practices and customs or directly reflect them in the justice systems; to increase access to justice for vulnerable women and girls in order to reclaim their rights to education, land, custody, etc. as appropriate; and, to work within the community to restore equality and the importance of gender roles in Indigenous legal processes.

Funding was provided through the Justice Partnership and Innovation Program to support Indigenous law revitalization initiatives and projects across Canada, involving First Nations, Inuit and Métis legal traditions, to improve access to and address gaps in the Canadian justice system. Projects funded under the initiative develop effective strategies to address pressing social issues and to rebuild laws and governance structures that resonate within Indigenous legal and governance traditions. Funding applicants were asked to elaborate on how their proposed activities would impact diverse groups of people, for example, Elders, youth and LGBTQ2+ people.

In 2019-20, the Department initiated an anticipatory invitational call for proposals. This resulted in funding $500,000 to four projects to increase the understanding of Indigenous laws and governance structures; provide education and training on Indigenous laws; and, meaningfully engage with Indigenous communities and organizations. These projects also increased participation in supporting Indigenous laws and government structures in order to build and maintain healthy and well-governed Indigenous communities.   

Furthermore, in 2019-20, the Department launched a Call for Proposals for further projects over the next four years to support the understanding, development and implementation of Indigenous laws and access to justice, in accordance with the unique cultures of Indigenous peoples in Canada. The Call for Proposals also creates more opportunities across Canada for Indigenous governments and Canadian education institutions to focus on this work.

The revitalization of Indigenous laws plays an essential role in advancing the rights of Indigenous peoples and contributes to the reconciliation process. The CTA 50 initiative and its projects contribute to renewed legal relationships with First Nations, Inuit and Métis peoples and to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples. In addition, they support the Government of Canada’s Gender Results Framework goal to eliminate gender-based violence and harassment, and promote security of the person and access to justice.

Data will be collected through project reports and will be based on:

Canadian Family Justice Fund

Divorce and separation affect Canadians from all walks of life. According to the Census Program, in 2016, 1.16 million children of separated or divorced parents were living in a lone-parent family. Lone-parent families, particularly those led by women, are more likely to live in poverty compared to two-parent families.

Former Bill C-78, which introduced changes to the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, and the Garnishment, Attachment and Pension Diversion Act, received Royal Assent on June 21, 2019. It will come into force on March 1, 2021. This legislation makes federal family laws more responsive to families’ needs. Its four key objectives are:

The changes to family laws are a key milestone in the Government’s ongoing efforts to support Canadian children and families going through separation and divorce. A strengthened family justice system helps increase access to justice, facilitate the resolution of disputes and improve outcomes for children and families.

During 2019-20, the Department continued to support access to appropriate services for families experiencing separation and divorce, through the Canadian Family Justice Fund (CFJF).

The CFJF is designed to address the following priorities:

Funding support of $15 million was provided to provinces and territories to support their ongoing delivery of family justice services, including information on making parenting arrangements, determining child/spousal support and promoting compliance with family agreements and orders. In addition, $1 million in funding was provided for projects (5 from provinces and territories and 16 from non-governmental organizations).

Under the projects component of the CFJF, funding was provided to several projects that targeted diverse and underserved populations through numerous activities, including workshops, developing information materials and providing services. For example, the Government of British Columbia’s Parenting After Separation for Indigenous Families project provides services to Indigenous populations, and the Government of Yukon’s Family Mediation Service project targets remote communities across the Yukon. Both projects encouraged the participation of diverse and underrepresented groups such as women, Indigenous peoples, official language minority communities, persons with disabilities, newcomers and visible minorities.

Through the British Columbia Parenting After Separation for Indigenous Families project, Indigenous parents going through separation or divorce are able to benefit from an online course, helping them make decisions in the best interests of their children. The course content was developed and reviewed with input from an Indigenous advisory committee and features Indigenous narrators, dancers, musicians and service providers. It also includes interviews with Indigenous families that have experienced separation and divorce. Feedback from participants has been positive, with 89% reporting that the program gave them a better understanding of the family justice system, laws and services; and 95% indicating that the course gave them a better understanding of the need to make decisions in the best interest of their children.

The Yukon Family Mediation Service provides support to parents experiencing separation or divorce to resolve conflict and disagreements without going to court, while ensuring the protection of the best interests of their children. The project includes the development of an online mediation service pilot, an increased focus on travel to rural communities, as well as connecting with the Indigenous peacemaking community in order to integrate services to families going through conflict. Mediation can provide a no-cost, low-stress alternative to court for parents who want to preserve their co-parenting relationship, and have limited financial resources or do not want to involve the court. Often, parents could also reach agreement on simple outstanding financial issues, and formalize the resulting document by a court order or a signed legal separation agreement.

Since the Yukon Family Mediation Service was launched in April 2018, more than 200 mediation or coaching files have been opened, representing more than 396 adults and more than 500 children. As of the end of the reporting period, all service requests had been accommodated and the project had helped all Yukon community members who had requested support.

An important component of the CFJF is extending the reach of family justice programs, services and information to meet the needs of diverse and underserved populations who may be experiencing barriers in accessing the justice system. These can include social, cultural and economic barriers. By providing funding to projects designed to reach underserved and rural communities, the CFJF supports improved access to family justice for all Canadian families. This contributes to the advancement of the ‘poverty reduction, health and well-being’ pillar of the Government of Canada’s Gender Results Framework, by reducing poverty and mental and physical health impacts that families undergoing separation and divorce might experience.