Results: What We Achieved

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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 regulations for consistency with the Canadian Charter of Rights and Freedoms (the Charter). 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

In 2022-23, Justice Canada provided high-quality integrated legal advisory services, litigation services, and legislative and regulatory drafting services to its federal client departments and agencies. In all areas of its work, the Department remained committed to protecting the rights of Canadians and ensuring that the Charter is respected.

As the main provider of legal services to the Government of Canada, the Department applied a client-centric and collaborative approach to ensure the delivery of effective legal services to meet Government and client priorities. Justice Canada also increased support to interdepartmental committees in reviewing litigation positions and strategies, and in considering policy, financial and legal implications of litigation involving the Government. Developed in collaboration with client departments, these litigation positions and strategies considered, where appropriate, the inclusion of early resolution or settlements, resolution through government initiatives and programs, legislative and regulatory reform, out-of-court resolution, and other alternatives to litigation.

Justice Canada also applied a cross-governmental and whole-of-government approach to litigation on complex issues. The Department continued its long-standing internal challenge functions and review mechanisms to ensure that legal advice is coherent, comprehensive and given with one voice in the interests of the Crown as a whole.

1. Departmental Result: Departments and Agencies Receive High-Quality Legal Services

COVID-19 Pandemic

Justice Canada supported the Government’s continued response to the significant challenges of COVID-19 by providing legal services to client departments and agencies on a variety of ongoing commitments, notably:

• Health Canada and the Public Health Agency of Canada in implementing and enforcing public health measures, including the development and drafting of emergency orders under the Quarantine Act to establish border-control measures. These emergency orders expired in October 2022.
• Public Services and Procurement Canada (PSPC) in the ongoing procurement of necessary goods such as vaccines, rapid tests and personal protective equipment. Justice Canada provided advice on interpreting and implementing contracts and supported PSPC in negotiations with vaccine manufacturers on existing and new vaccine contracts.
• Employment and Social Development Canada (ESDC) and the Canada Revenue Agency in delivering on the mandate to help Canadians through the pandemic. For example, the Department provided legal advisory services for the administration and post-verification enforcement of a number of COVID-19 social benefit programs, such as the Canada Emergency Benefit and the Canada Recovery Sickness Benefit. The Department also provided legal advisory and legislative services for the extension or modification of various emergency support programs, including those intended to address housing and wage issues, such as the Canada Emergency Wage Subsidy and Canada Emergency Rent Subsidy.
• Transport Canada in the development, drafting and implementation of measures in the transportation sector to help stop the spread of COVID-19. As of March 2023, all regulatory measures implemented during the 2022-23 fiscal year had been repealed.
• Treasury Board Secretariat (TBS) and other federal departments on the legal implications of vaccine mandates and the strategic direction for people management and vaccinations in the federal public service and federally regulated workplaces, thereby protecting the health and safety of federally regulated employees and their communities across Canada.

Assisting Canadians in Need

Justice Canada provided legal services to client departments and agencies in support of initiatives for assisting Canadians in need, notably:

• ESDC in the ongoing implementation of universal $10-a-day childcare, a 50% reduction in related fees paid by parents, the negotiation of universal childcare agreements with the provinces and territories, and the drafting of Bill C-35, An Act respecting early learning and child care in Canada. Bill C-35 was introduced on December 8, 2022.
• Infrastructure Canada, ESDC, Veterans Affairs Canada and other departments to address Canadian housing issues such as affordable housing, affordable home ownership, and Indigenous housing, as detailed in Budget 2022. For example, Justice Canada supported the development of the Veterans Homelessness Program and the drafting of the Regulations Amending the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations to prohibit non-Canadians from purchasing residential property in Canada for a period of two years.
• Health Canada and Infrastructure Canada in the development of Bill C-31, An Act respecting cost of living relief measures related to dental care and rental housing. Bill C-31 establishes financial support to eligible parents for dental care services received by their children under 12 years of age and provides a one-time rental housing benefit of $500 for eligible persons. Bill C-31 received royal assent on November 17, 2022.

Indigenous Rights and Relations

Justice Canada contributed to advancing reconciliation and self-determination, closing socio-economic gaps, and eliminating systemic barriers in Canada’s legal system faced by First Nations, Inuit, and Métis. The Department ensured that its work was consistent with the Charter and ongoing Government of Canada commitments, and that its litigation strategy was refined and integrated with government public policy-making. These commitments include those set out in the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act), the Principles Guiding the Attorney General of Canada in Charter litigation, the Principles respecting the Government of Canada’s relationship with Indigenous peoples and the Attorney General of Canada’s Directive on Civil Litigation involving Indigenous Peoples.

To this end, Justice Canada provided legal services to clients for ongoing commitments, such as:

• The implementation of the Truth and Reconciliation Commission’s Calls to Action, which includes matters related to the Indian Residential School legacy, such as property issues, unmarked burial sites of Indian Residential School students, and issues relating to Indian Residential School documents. Justice Canada also participated in the ongoing Working Group to support the Residential School Documents Advisory Committee. The Committee has been tasked with developing recommendations for identifying and sharing historical documents related to Indian Residential Schools.
• The strategic management of high-profile and complex litigation cases involving Indigenous peoples, in collaboration with client departments, including the Shamattawa class action relating to safe drinking water on reserve, the Moushoom and Trout class actions detailed further in this report, and the Cowichan Aboriginal rights and title litigation.
• The management of Canadian fisheries and aquaculture with Fisheries and Oceans Canada (DFO), including the ongoing negotiation and implementation of fisheries agreements with Indigenous communities (e.g., the Livelihood Fisheries Plans for the Unama’ki district and the Kespukwitk district), and increased involvement of Indigenous peoples in matters relating to aquaculture.

Justice Canada also provided legal services for ongoing commitments broadly relating to reconciliation in a variety of contexts, such as legal issues related to section 35 of the Constitution Act, 1982, the duty to consult, and the implementation of the UN Declaration Act. For example, the Department supported:

Justice Canada provided legal services in support of the implementation of Jordan’s Principle, including the negotiation of a revised final settlement agreement totalling more than $23 billion with the Assembly of First Nations, Moushoom and Trout class actions plaintiffs and the First Nations Child and Family Caring Society. This agreement seeks to compensate those harmed by the discriminatory underfunding of the First Nations Child and Family Services Program and the federal government’s narrow definition of Jordan’s Principle. The agreement was designed to satisfy the Canadian Human Rights Tribunal’s compensation orders and the Moushoom and Trout class actions. The Department supported ongoing negotiations to reform the First Nations Child and Family Services Program, as well as the long-term approach for Jordan’s Principle to ensure substantive equality in the provision of products, services and supports for the health, social and educational needs of First Nations children and youth.

Protecting Canadians

Justice Canada provided legal advisory, legislative and regulatory drafting services to client departments and agencies regarding ongoing priorities concerning the public safety of Canadians and their privacy rights. For example, Justice Canada worked with:

• Public Safety Canada, the Royal Canadian Mounted Police (RCMP), and other departments to ensure that evidence was presented in a consistent way to the Public Order Emergency Commission inquiring into the circumstances that led to the declaration of a public order emergency under the Emergencies Act and the measures taken to deal with the emergency.
• Canadian Heritage and other departments to combat serious forms of harmful online content, online hate and harassment, and ideologically motivated extremism to protect Canadians and hold social media platforms and other online services accountable for the content they host.
• Canadian Heritage to ensure that Canadian legislation reflects industry trends and changes, the modernization of the Broadcasting Act, and the fair remuneration of news publishers and development of a new regulatory framework for digital platforms through Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada.
• Public Safety Canada, the Communications Security Establishment, the Department of National Defence, Innovation, Science and Economic Development Canada (ISED), and Global Affairs Canada (GAC) to ensure the security and integrity of Canada’s telecommunications. This included supporting client departments in drafting Bill C-26, An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts. Bill C-26 was introduced on June 14, 2022.
• Public Safety Canada, the RCMP and the Canada Border Services Agency (CBSA) in support of the Government’s commitments on firearms control, including controls to the flow of illegal guns into Canada and the launch of the firearms compensation program. The Department also worked on Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), which counters gun trafficking, restricts some firearms in Canada, and details an expanded licence-suspension regime to help combat intimate-partner violence, gender-based violence and self-harm involving firearms. Bill C-21 was introduced into Parliament on May 30, 2022.
• The RCMP, the Department of Finance Canada (Finance Canada), and other departments in maintaining an effective regime against money laundering and the financing of terrorism, including the improvement of the measures to address money laundering, terrorist financing, and beneficial ownership of company shares and trust property by strengthening legislation and regulations and the detection of criminal activity and transactions that circumvent legal requirements.
• Canada Revenue Agency in its commitment to crack down on tax evasion and combat tax avoidance, ensuring the fairness and integrity of the tax system.
• ISED in drafting legislation that advances the Digital Charter intended to strengthen privacy, foster innovation, and protect consumers in the online marketplace. Bill C-27, An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts, was introduced on June 16, 2022.
• TBS to support the statutory review of the Access to Information Act, which culminated in the tabling of the Access to Information Review Report to Parliament in December 2022.

Medical Assistance in Dying

Justice Canada provided legislative and regulatory drafting services to Health Canada with respect to medical assistance in dying (MAID), particularly on the requirements set out in former Bill C-7, An Act to amend the Criminal Code (medical assistance in dying). In doing so, the Department:

• Supported the creation of an independent Expert Panel on MAID and Mental Illness for MAID request protocols, guidance and safeguards for persons who have a mental illness. The Panel’s conclusions and recommendations were tabled before Parliament on May 13, 2022.
• Supported a joint parliamentary review of the Criminal Code MAID provisions and their application. Former Bill C-39, An Act to amend an Act to amend the Criminal Code (medical assistance in dying), which received royal assent on March 9, 2023, delayed the repeal of the exclusion from eligibility for receiving MAID in circumstances where the sole underlying medical condition identified in the MAID request is a mental illness until March 17, 2024.

Economic Recovery Measures relating to Trade

Justice Canada provided litigation services in trade law to GAC, Finance Canada, ISED, PSPC and other departments to ensure that economic recovery measures taken by Canada and its trading partners were consistent with international obligations and respected rules-based order in such matters as:

• The ongoing litigation against the United States to protect Canada’s softwood lumber industry.
• A successful case against the United States regarding the Canada-United States-Mexico Agreement’s rules of origin in the automobile manufacturing sector.
• The actions against China at the World Trade Organization relating to imports of Canadian canola, which resulted in China dropping its measures.
• The successful litigation against the United States on the importation of Canadian solar panels.
• The successful defense of a number of Canadian measures challenged by investors, resulting in the complete dismissal of more than $2.2 billion in claims.
• Financial contributions made by the government in the context of Canada’s economic recovery.

International Affairs and Immigration

Justice Canada provided legal services to client departments on issues relating to international obligations and treaties, including:

• GAC and other departments to support Canada’s response to the Russian invasion of Ukraine, including the adoption of an unprecedented number of sanctions pursuant to the Special Economic Measures Act (SEMA) and the provision of military and humanitarian assistance. The SEMA was amended on June 23, 2022, to include a seizure and forfeiture regime.
• GAC in the negotiation of a new international law treaty at the Council of Europe on artificial intelligence, protecting human rights, democracy and rule of law.

Justice Canada supported Canada’s immigration responses to crisis situations by delivering legal advisory and litigation services. Notable examples include:

• The development and implementation of measures to help people from Afghanistan and Ukraine.
• Asylum issues, particularly regarding irregular border crossings and the expansion of the Canada-U.S. Safe Third Country Agreement.
• Canada’s record high admission of new permanent residents.

Sustainability and Environmental Concerns

Justice Canada provided legal services to client departments and agencies on matters related to sustainability and Canada’s environment, notably:

• DFO and Parks Canada with respect to Canada’s goal to conserve 25% of Canada’s lands and waters by 2025 and the plan to establish 10 new national parks and 10 new national marine conservation areas in the next five years, including legislation to create the new Ojibway National Urban Park in Windsor (Bill C-248, An Act to amend the Canada National Parks Act [Ojibway National Urban Park of Canada]).
• Environment and Climate Change Canada (ECCC) with ongoing legislative work to establish the Canada Water Agency, which aims to safeguard Canada’s freshwater resources.
• TBS in their spending oversight and their strategic review of government programs, which examines how major programs and policies contribute to meeting the biggest challenges of our time (e.g., achieving net-zero emissions by 2050, improving fairness and equality, and promoting quality of life and growth).
• Agriculture and Agri-Food Canada and other departments throughout the negotiation of the new Sustainable Canadian Agricultural Partnership, a $3.5-billion, five-year agreement (April 1, 2023, to March 31, 2028) between federal, provincial and territorial governments.
• Natural Resources Canada in its provision of federal financial assistance for the Atlantic Loop, a planned interprovincial transmission line to provide clean electricity between Quebec, New Brunswick and Nova Scotia.

Regulatory Reviews and Reform

Justice Canada contributed to the regulatory reform agenda as laid out in Budget 2019, which focused on innovation, business investment, and improvements that are intended to make the Canadian regulatory system more agile, transparent and responsive. Initiatives supported by Justice Canada included:

• The modernization of regulations related to agri-food and aquaculture, health and biosciences, and transportation and infrastructure. For example, the Department supported the Canadian Food Inspection Agency in drafting initiatives relating to food labelling modernization, as well as new rules for hatcheries to require the development and implementation of sampling and testing to minimize risks to human and animal health.
• The parliamentary process for the Second Annual Regulatory Modernization Bill, (Bill S-6, An Act respecting regulatory modernization), introduced on March 31, 2022, to address overly complicated, inconsistent or outdated federal regulatory requirements.

Additionally, Justice Canada supported ECCC and other client departments on the second round of regulatory initiatives for clean technology innovation, adoption and competitiveness in the regulatory system; digitalization and technology neutrality; and international standards in regulation. For example, the Department:

• Supported the drafting and finalization of the Clean Fuel Regulations, which were registered on June 20, 2022. The Department also supported the drafting of initiatives for the incorporation of international standards, such as the Zero Emission Vehicles portion of the Regulations Amending the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations.
• Examined existing regulations to support technology neutrality (e.g., used wording for regulating in a technology neutral manner to support digitization in the Medical Devices Interim Orders under the Food and Drugs Act).
• Implemented the Online Regulatory Consultation System, which is a new digitalization initiative to increase transparency in the development of regulations by publicly posting comments from consultations in the Canada Gazette, Part I.
• Examined opportunities to improve the incorporation of international standards into Canadian regulations, while maintaining Canada’s robust standards for health, safety, security, and environmental protection.

Other Legal Services Support

Justice Canada also supported the Government in responding to employment-related class actions and ensuring the national management of class proceedings. In addition, it provided support to the following federal departments and agencies:

• Finance Canada for the Budget Implementation Act, 2022, no. 1, which received royal assent on June 23, 2022.
• Office of the Superintendent of Financial Institutions in its supervision and regulation of federal pension plans and federally regulated financial institutions, including taking control and liquidating a foreign bank branch.
• Privy Council Office and the Clerk of the Privy Council, particularly in areas of law related to Governor in Council appointments and performance management. Justice Canada also provided legal advice to federal departments on questions involving Cabinet confidences.
• Competition Bureau Canada for the Rogers and Shaw Communications merger by addressing a range of nationally important legal policy implications for competition in Canada.
• Canadian Heritage in developing Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act, and in amending other Acts as part of the Official Languages Act modernization.

Gender-based Analysis Plus

In accordance with Justice Canada’s Policy on Gender-based Analysis Plus, the Department applied an intersectional Gender-based Analysis Plus (GBA Plus) approach to its work and in its decision-making process. This ensured that the Department’s legal services addressed inequities and systemic barriers by being responsive, inclusive and reflective of diverse realities. For example, Justice Canada:

• Continued to advocate for increased diversity in the appointment of arbitrators and panelists who adjudicate disputes in international trade and investment with Canada’s Free Trade Agreements and Foreign Investment Promotion and Protection Agreements.
• Provided legal advice to the Public Service Commission on making the federal public service more inclusive and representative of the diversity of the Canadian population. This included initiatives that are aligned with the Call to Action on Anti-Racism, Equity, and Inclusion in the Federal Public Service, such as the Federal Internship Program for Canadians with Disabilities and the implementation of amendments to the Public Service Employment Act to increase diversity and help address biases and barriers that disadvantage equity-seeking groups in the public service staffing process.
• Provided legal advice to TBS, including the Office of the Chief Human Resources Officer for Canada, in its advancement of priorities such as working with the Clerk of the Privy Council to support departments in implementing the plans outlined in their responses to the Call to Action on Anti-Racism, Equity and Inclusion in the Public Service, and ensuring the use of disaggregated data to track progress, and continuing to advance the implementation of the Pay Equity Act across the Public Service.

For more information, see the 2022-23 Departmental Results Report GBA Plus Supplementary Information Table on the Justice Canada website.

United Nations 2030 Agenda for Sustainable Development and the Sustainable Development Goals

As a signatory to the United Nations 2030 Agenda for Sustainable Development, the Government of Canada is committed to the 17 Sustainable Development Goals (SDGs). Justice Canada continued to champion a people-centred approach to justice and the advancement of the overall 2030 Agenda among key partners and stakeholders. The Department led the Government’s efforts to advance SDG 16 (Peace, Justice, and Strong Institutions), while also supporting other goals, such as SDG 5 (Gender Equality), SDG 8 (Decent Work and Economic Growth), SDG 10 (Reduced Inequalities), and SDG 11 (Sustainable Cities and Communities).

Justice Canada provided legal services and supported its own initiatives to combat organized crime and reduce the flow of illicit finances and arms (SDG 16, target 16.4) and to reduce corruption and bribery (SDG 16, target 16.5). In addition to other examples detailed in this report, the Department:

• Continued to support Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime, and participated in the Commission of Inquiry into Money Laundering in British Columbia (the Cullen Commission). The Cullen Commission issued its final report on June 15, 2022. (SDG 16, target 16.4)
• Continued to require legal agents of the Minister to abide by Canada’s anti-corruption and anti-bribery legal framework in Canada and abroad. (SDG 16, target 16.5)
• Provided legal support in the implementation of the renewed Government commitments on firearms control. (SDGs 11, 16, target 16.4)

By delivering legal services and carrying out its legislative and policy responsibilities, the Department strengthened relevant national institutions to prevent violence and combat terrorism and crime (SDG 16, target 16.A), including through international cooperation. Justice Canada also promoted the rule of law, making peaceful and inclusive societies for sustainable development, equal access to justice for all (including Indigenous people, Black and other racialized groups, and marginalized populations), and the development of effective, accountable and transparent institutions (SDG 16, targets 16.3, 16.6). In addition to Canada’s immigration responses to crisis situations detailed elsewhere in this report, the Department:

• Supported the Minister of Justice’s engagement in international forums to advance Canada’s contribution to global investigations and prosecutions of serious allegations of genocide, crimes against humanity and war crimes in Ukraine. These forums included the June 2022 Ukraine Accountability Conference, the November 2022 meeting of G7 Justice Ministers, and the March 2023 UK-led Justice Ministers Conference to Support the International Criminal Court and its Investigation into the Situation in Ukraine.
• Supported the Joint Investigative Team in investigating crimes against humanity and war crimes carried out by Daesh against the Yazidi minority. (SDG 16, targets 16.10 and 16.A)
• Supported Canada’s joint declarations of intervention at the International Court of Justice in Gambia v. Myanmar in July 2022 and Ukraine v. Russia in December 2022. (SDG 16, targets 16.10 and 16.A)
• Collaborated with the National Security and Intelligence Review Agency on matters relating to national security review. (SDG 16, target 16.6)

Justice Canada supported making cities and human settlements inclusive, safe, peaceful, resilient and sustainable (SDGs 11, 16) by providing legal services with respect to the identification, investigation and mitigation of threats posed by ideologically motivated violent extremism and terrorist organization activities and in relation to programs countering the rise and growing presence of these threats. Additionally, the Department supported reducing inequalities (SDG 10) in the federal public service by assisting the Public Service Commission on initiatives, including those that are aligned with the Call to Action on Anti-Racism, Equity, and Inclusion in the Federal Public Service, that strengthen equity, diversity and inclusion in the federal public service, thus benefitting all Canadians.

For more information and examples, see the 2022-23 Departmental Results Report UNSDG Supplementary Information Table on the Justice Canada website.

Innovation

Justice Canada sought opportunities to improve the delivery of legal services by exploring the adoption of emerging and innovative technologies. For example, the Department supported:

• The modernizations of technology for court proceedings and equipment to support courts in the transition from paper-based processes to electronic means of conducting litigation.
• An ongoing upgrade in software tools for identifying, preserving and collecting electronic documents, which was undertaken in collaboration with Shared Services Canada using their agile procurement process.
• The development of artificial intelligence and automated tools in collaboration with Immigration, Refugee and Citizenship Canada, while ensuring responsible use of data-driven technologies. This included collaborating on the procurement of an artificial intelligence-based litigation assistance tool for immigration law cases.
• The improvements to Justice Canada’s legal knowledge management system (Justipedia), which included the incorporation of a new generation of tools (e.g., improved search algorithms) and artificial intelligence elements specifically designed to meet the Department’s legal needs.

Key Risks

Cultivating and maintaining productive relationships with client departments, partners and stakeholders enables Justice Canada to achieve its expected results. As legal practices, client priorities, and demands for legal services evolve, there may be risks for particular relationships to be weakened if not actively maintained. To mitigate such risks, the Department continued to focus on collaboration and joint planning with client departments and partners in central agencies to meet Government and client priorities. This included proactively engaging client departments in discussions to meet their legal requirements, and considering the client environment, position and needs when providing practical and strategic legal advice based on Legal Risk Management best practices. Justice Canada also continued to share results of its Legal Services Client Feed Survey with departments to foster collaboration. Additionally, Justice Canada undertook a review and subsequent update of the Survey to ensure it remains relevant and aligned with client needs.

Results Achieved

The following table shows the departmental result for the Legal Services core responsibility, performance indicators, targets for 2022-23, and actual results for the three previous fiscal years.

Financial, human resources and performance information for Justice Canada’s program inventory is available in GC InfoBase.

Budgetary Financial Resources (dollars)

The table below shows the 2022-23 net budgetary and net actual spending for the Legal Services core responsibility.

The variance between planned spending and actual spending is primarily attributable to an increase in legal services provided, mainly on litigation files. This increase in services has a corresponding increase in revenues, which off-set spending.

Financial, human resources and performance information for Justice Canada’s program inventory is available in GC InfoBase.

Human Resources (full-time equivalents)

The following table shows the human resources the Department needed to fulfill this core responsibility for 2022-23 in full-time equivalents.

The variance between planned and actual full-time equivalents is attributable to additional staffing to respond to increased demand for all types of legal services, including work to combat tax evasion, Indigenous-related matters, drafting of bills and regulations, commitments concerning the public safety of Canadians, and immigration and refugee responses.

Financial, human resources and performance information for Justice Canada’s program inventory is available in GC InfoBase.

Justice System Support

Description

Justice Canada 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

Justice Canada developed and coordinated federal justice legislative reforms, policy options, and initiatives relating to Justice system support. The Department also tested innovative approaches to strengthening the legal framework within various domains, notably Indigenous justice, criminal justice, child and family law, access to justice, bijuralism^{Footnote 8}, human rights, privacy, access to information, and official languages. It remained ready to adapt to the accelerated pace at which new policy issues emerged or unfolded. Because of the scope of justice issues and the multi-tiered nature of Canada’s justice system, Justice Canada collaborated with many partners and stakeholders, including through federal, provincial and territorial tables at various levels.

Justice Canada’s work under this Core Responsibility aims to realise three key results:

1. Laws and policies abide by the rule of law and promote respect for rights and a fair, accessible and relevant legal framework in Canada.
2. The criminal justice system supports alternative ways of responding to the causes and consequences of offending.
3. Canadians in contact with the justice system have access to appropriate services enabling a fair, timely and accessible justice system.

1. Departmental Result: Laws and Policies Abide by the Rule of Law and Promote Respect for Rights and a Fair, Accessible and Relevant Legal Framework in Canada

Justice Canada continued its work to improve the justice system and promote public confidence, safety, and security through engagements with other government departments, provincial, territorial and municipal governments and Indigenous governing bodies, representative organizations and communities, as well as with other countries, domestic and international organizations, and an increasingly diverse community of stakeholders. Through these engagements, the Department supported the identification of emerging issues, development of numerous options regarding policy, legislative and operational responses, and implementation of reforms to the criminal, family and youth justice systems.

Indigenous Rights and Relations

Justice Canada contributed to a renewed relationship with Indigenous peoples by engaging with other government departments, provincial, territorial, and Indigenous governments, national Indigenous organizations, and key stakeholders to accelerate progress on various initiatives. To this end, the Department advanced the implementation of the Truth and Reconciliation Committee’s Calls to Action by supporting public progress reports and conducting policy, program, and legislative work in areas relating to Justice-specific Calls to Action.

The Department responded to ongoing commitments on Justice-specific Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) and supported CIRNAC in the development, delivery and implementation of a responsive and evergreen MMIWG National Action Plan. Justice Canada continued to lead the development and implementation of the Justice theme of the MMIWG Federal Pathway. This work encompasses many initiatives detailed in this report, including the implementation of Gladue principles, collaboration and cooperation on the UN Declaration Act, strengthening of Indigenous-led community-based programs, operation of Family Information Liaison Units (FILUs), and engagement with the Indigenous Justice Strategy. Other initiatives included:

• Providing guidance and advice to CIRNAC on the justice component of the MMIWG Horizontal Initiatives Results Framework for the final report to TBS.
• Contributing to the first Federal Pathway Annual Progress Report, published in June 2022.
• Increasing Justice Canada’s capacity for administration-of-justice agreements.
• Supporting shifted operations to ensure the continuation of consultations with Indigenous peoples, despite challenges raised by the COVID-19 pandemic to fulfil Crown duties.

Through broad, inclusive and distinctions-based consultation and cooperation with Indigenous peoples and in collaboration with CIRNAC, ISC, Natural Resources Canada and other government departments, the Department continued to lead on the implementation of the UN Declaration Act. In 2022-23, Justice Canada:

• Prepared and tabled the first annual progress report (June 2022).
• Allocated over $26 million to 150 Indigenous governing bodies, representative organizations and other groups to support Indigenous participation in the consultation and cooperation process.
• Released a draft Action Plan and a What We Learned to Date report (March 2023).

The Department also supported the Minister of Justice in the appointment of an Independent Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites and operationalization of their office on June 8, 2022^{Footnote 9}. The Special Interlocutor’s two-year mandate is to identify needed measures and recommend a new federal legal framework to ensure the respectful and culturally appropriate treatment and protection of unmarked graves and burial sites of children associated with former Indian Residential Schools. Reports are available on the Office of the Independent Special Interlocutor’s website, including a Progress Update Report released in November 2022.

Justice Canada continued to provide strategic leadership at the Deputy Minister Committee on Indigenous Reconciliation. The Committee advanced agenda items such as: economic reconciliation; the Inuit Nunangat Policy; treaty negotiation tables in British Columbia; the National Benefits-Sharing Framework; the Indigenous Justice Strategy; the implementation of the UN Declaration Act; and the Federal-Provincial-Territorial-Indigenous table on missing and murdered Indigenous women, girls and 2SLGBTQI+ people.

Indigenous Justice Systems

The Department continued to support the Government’s commitment to reconciliation by advancing Justice’s response to the Truth and Reconciliation Commission’s Calls to Action. This included:

• Participating in negotiation tables with Indigenous communities and groups to develop agreements dedicated to revitalizing Indigenous laws and justice systems and reclaiming jurisdiction over the administration of justice, which advances self-determination.
• Revitalizing Indigenous laws and legal traditions in keeping with Call to Action 50, which calls for the federal government to fund the establishment of Indigenous law institutes for the development, use, and understanding of Indigenous laws and access to justice in accordance with the cultures of Indigenous peoples in Canada. In 2022-23, 23 active projects supported knowledge sharing on Indigenous laws and legal traditions, Indigenous law revitalization work in communities, and implementation of Indigenous law courses and programs.

Justice Canada also worked with Indigenous and provincial partners to increase the accessibility of the justice system for Indigenous peoples through initiatives such as the Community Justice Centres (CJCs) discussed below, and revitalization of Indigenous laws, legal systems and traditions, and by developing recommendations to address challenges to the enforcement of First Nations laws. In June 2022, Justice Canada, the Ontario Ministry of the Attorney General and the Chiefs of Ontario published The Tripartite Collaborative Technical Table on the Enforcement and Prosecution of First Nations Laws – Co-Chairs Report: Year One (May 2021–May 2022). This report details the Table’s progress on the development of concrete and lasting recommendations to ensure the consistent and reliable enforcement of First Nations laws.

Criminal Justice System Reforms

Justice Canada supported ongoing policy work regarding medical assistance in dying in relation to requirements set out by former Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), which included the work driven by recommendations from the Expert Panel on MAID and Mental Illness, and the joint parliamentary review of the Criminal Code MAID provisions.

The Department’s work with respect to criminal law reforms also included:

• The development and passage of Bill S-4, An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures), which received royal assent on December 15, 2022. Bill S-4 aimed to support the safe, efficient and effective operation of proceedings and increase access to justice for all participants during the pandemic and beyond.
• The development, passage and implementation of legislation, policies, and regulations to address gun violence with Public Safety Canada.
• The implementation of An Act to amend the Criminal Code (conversion therapy) (former Bill C-4), which criminalized conversion therapy.
• The development and passage of Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication), which responded to the Supreme Court of Canada decisions in Brown, Chan, and Sullivan. The Act ensures that individuals who voluntarily consume intoxicants in a criminally negligent manner, become extremely intoxicated and engage in violent acts, are held criminally responsible. Bill C-28 received royal assent on June 23, 2022.
• Providing victim-focused policy input on bills to protect and support victims and survivors, and address gender-based violence.
• Consulting provincial and territorial counterparts on Canada’s bail system and ways to address challenges to the system.

International Cooperation on Criminal Justice

Justice Canada supported Canada’s criminal justice priorities on the international stage by participating and providing leadership in international forums. In 2022-23, the Department:

• Led Canada’s participation in the negotiation of a Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, and War Crimes and other International Crimes.
• Led the development of a draft Resolution on Equal Access to Justice for All, which was tabled at the 31^st Session of the Commission on Crime Prevention and Criminal Justice.
• Led the Canadian delegation to three negotiating sessions of the Ad Hoc Committee to develop a comprehensive UN cybercrime convention.
• Supported the Department’s participation at the February 2023 meeting of the Criminal Justice Forum for Asia and the Pacific, a forum that aims to strengthen the rule of law by improving international cooperation in the Asia-Pacific region.
• Continued to play a leadership role in the G7 Roma-Lyon Group on serious crime and terrorism through Canada’s role as chair of the Criminal and Legal Affairs Subgroup and in the Council of Europe Cybercrime Committee as vice-chair of the Bureau.
• Played a leadership role in the ongoing review of Canada’s implementation of the United Nations Convention on Transnational Organized Crime and the Organization of American States Inter-American Convention against Corruption.
• Supported the re-established Canada-U.S. Cross Border Crime Forum with Public Safety Canada to address transnational crime issues and enhance law enforcement collaboration and cooperation between Canada and the United States.
• Collaborated with the United States Access to Justice Office on access to justice issues and overrepresentation of Indigenous peoples, Black and other racialized groups, and marginalized populations in both countries’ criminal law systems, including through online exchanges of relevant data collection and research initiatives, restorative justice approaches, and pro bono policies.

Justice System Initiatives

The Department continued to work on various justice system initiatives, by:

• Supporting Finance Canada in the Government’s ongoing commitment to counter predatory lending by lowering the criminal rate of interest and adjusting payday lending exemptions in the Criminal Code.
• Leading the establishment of an independent Miscarriage of Justice Review Commission through Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews), previously referred to as an independent criminal case review commission. Justice Canada developed the proposal for Criminal Code amendments and a new commission that would review, investigate, and decide on which criminal cases should be returned to the justice system due to a potential miscarriage of justice. Bill C-40, also known as David and Joyce Milgaard’s Law, was introduced on February 16, 2023.
• Supporting the Minister of Justice in reforming Canada’s federal judicial conduct process and ensure the process is fair, effective and efficient through Bill C-9, An Act to amend the Judges Act. Justice Canada also advised on policies and initiatives that align with the Government’s commitment to increase diversity on the federally appointed bench.
• Leading efforts for the implementation of 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 (former Bill C-78). On February 18, 2023, the new Release of Information for Family Orders and Agreements Enforcement Assistance Regulations were pre-published in the Canada Gazette, Part 1.
• Continuing to engage with Indigenous partners to advance collaborative, inclusive and context-sensitive policy development to support modernization of the Privacy Act, particularly on privacy issues of importance to Indigenous individuals and communities.
• Supporting TBS and other federal government institutions in the ongoing implementation of the Privacy Act Extension Order, No. 3, which came into force in July 2022.
• Continuing to support the Department of National Defence in advancing military justice reform options such as the establishment of a permanent military court, in response to former Justice Fish’s report on the third independent review of the Canadian military justice system.
• Assisting in the revival of the Law Commission of Canada following the appointment of its president and commissioners, as announced in February 2023, including the operationalization of their office.
• Leading the development of a Child Rights Impact Assessment tool and accompanying course to guide federal officials on considering children’s rights when developing initiatives.
• Continuing the harmonization of Canada’s laws to reflect their bijural nature with the introduction of Bill S-11, Federal Law-Civil Law Harmonization Act, No. 4. Introduced on October 26, 2022, this initiative ensures that each official language version of our laws takes into account both the common law and the civil law to improve access to justice for all Canadians.
• Continuing to support the Action Committee on Court Operations, which provides national leadership and non-prescriptive guidance on modernizing Canadian courts and to mitigate the lasting effects of the pandemic on access to justice. It also established an Indigenous Advisory Group, composed of Indigenous partners working in the courts, to better reflect Indigenous perspectives in its work.

Results Achieved

The following table shows the first departmental result for the Justice System Support core responsibility, related performance indicators, targets for 2022-23, and actual results for the three most recent fiscal years.

Financial, human resources and performance information for Justice Canada’s program inventory is available in GC InfoBase.

2. Departmental Result: The Criminal Justice System Supports Alternative Ways of Responding to the Causes and Consequences of Offending

Justice Canada supported alternative ways of responding to the causes and consequences of offending through ongoing policy work and funding to provinces, territories and non-governmental organizations for the delivery of relevant services and programs.

Youth Justice and Drug Treatment Court Programs and Services

By providing funding to provinces, territories and non-governmental organizations, Justice Canada promoted the increased use of pre-charge and post-charge diversion and enabled courts to impose sentences appropriate to the circumstances of individual cases. These funding mechanisms included the Youth Justice Services Funding Program, the Youth Justice Fund, the Intensive Rehabilitative Custody and Supervision Program, and the Drug Treatment Court Funding Program (DTCFP).

For example, Justice Canada’s DTCFP funded participating provinces and territories for the use of alternatives to incarceration, specifically court-monitored treatment and community service support, in circumstances where a substance use disorder has contributed to the offence being committed. By doing so, the DTCFP helped advance the Canadian Drugs and Substances Strategy. During 2022-23, Justice Canada funded 21 Drug Treatment Courts, allocating $6.75 million to the provinces and territories via the DTCFP.

Indigenous Justice Programs and Services

Through the Indigenous Justice Program, the Department provided funding to support Indigenous community-based justice programs that offer culturally relevant restorative justice alternatives in appropriate circumstances. During 2022-23, 108 community-based funding agreements were in place, which supported a total of 211 community-based justice programs in every province and territory and in rural, urban, isolated or remote, and northern communities for First Nations, Inuit, and Métis.

Results Achieved

The following table shows the second departmental result for the Justice System Support core responsibility, related performance indicators, targets for 2022-23, and actual results for the three most recent fiscal years.

Financial, human resources and performance information for Justice Canada’s program inventory is available in GC InfoBase.

3. Departmental Result: Canadians in Contact with the Justice System have Access to Appropriate Services Enabling a Fair, Timely and Accessible Justice System

Federal Victims Strategy

The Federal Victims Strategy, led by Justice Canada, advanced federal, provincial, and territorial collaboration and coordination, criminal law reform, policy initiatives, and program funding to improve access to justice for victims and survivors of crime and improve their participation in the criminal justice system. In 2022-23, the Department:

Official Languages

The Access to Justice in Both Official Languages Support Fund provided approximately $13.4 million in funding to 22 organizations and associations, five academic institutions, nine provincial governments, and one territorial government in 2022-23, a majority of which is part of the Government of Canada’s Action Plan for Official Languages 2018-2023: Investing in our Future. This funding increased the capacity of the justice system and its stakeholders to offer justice services in both official languages and increased the availability of legal information to official language minority communities. For example, 12 organizations benefited from core funding and 25 projects received funding to increase awareness in the legal community and in official language minority and majority communities on rights and issues related to access to justice in both official languages. In addition, 21 projects received funding to increase the capacity of the justice system and its stakeholders to offer justice services in both official languages. Seven provinces were supported in their implementation of the official languages provision of the Divorce Act.

Through the Contraventions Act Fund, the Department continued to provide funding to those jurisdictions (six provinces and one municipality) where the Contraventions Act regime has been implemented and where there were no provincial obligations to fulfil the official language rights of offenders. This funding enabled these jurisdictions to implement measures to ensure that Canadians who have received a federal contraventions ticket have access to communications in the official language of their choice in designated areas and to receive judicial services in the official language of their choice at any courthouse in these jurisdictions.

Other Programs and Services

Through the Justice Partnership and Innovation Program, the Department supported the pilot Community Justice Centres (CJCs) in British Columbia through ongoing funding and in Ontario through new funding. In 2022-23, the expansion of the CJC pilot in Ontario was approved for funding of $11 million over four fiscal years. This funding supports a court-based approach that seeks to address the intersection of poverty, homelessness, addictions and systemic racism within the criminal justice system. The CJCs co-locate and integrate courts with social services, based on needs and priorities identified by each community. Seven jurisdictions were also approved for funding to undertake community engagement with youth, Indigenous communities, Black people, rural and urban communities, and justice system stakeholders to explore opportunities for expanding the CJC concept to other provinces and territories.

Justice Canada continued to provide funding for the implementation of Impact of Race and Culture Assessments (IRCAs) across Canada, which are pre-sentencing reports that help sentencing judges in considering how systemic racism and related disadvantages may have contributed to a racialized person’s involvement in the criminal justice system. This funding supported the development of a training curriculum for IRCA assessors, including a national training manual, as well as awareness programs and continuing professional development education on IRCAs for criminal defence lawyers, Crown prosecutors, judges, and other justice system participants. Moreover, funding was made available to all provincial and territorial governments and legal aid programs to support the preparation of IRCA reports for eligible accused racialized Canadians and to integrate IRCAs into the criminal justice system across the country. The Department supported the provision of IRCAs in five jurisdictions and continued discussions with others to support further expansion across the country.

Justice Canada continued to support the development and implementation of Canada’s National Action Plan to End Gender-Based Violence. The JPIP funded 20 new projects to strengthen the justice system’s response to intimate partner violence and to support victims and survivors in navigating the family justice system. In total, 25 projects were approved for funding for a total commitment of over $33 million over five fiscal years. These projects improve access to justice for victims and survivors of intimate-partner violence who are involved in the family justice system. They also include new and/or enhanced programs for family court support workers and training for justice system stakeholders (e.g., lawyers, court workers, and judges), thus improving the family justice system’s responses to family violence. For example, Justice Canada provided funding to the National Judicial Institute for judicial training on intimate-partner violence, which helps justice system stakeholders identify, understand, and respond to intimate-partner violence in family law cases and apply the recent Divorce Act amendments pertaining to family violence.

Through the Canadian Family Justice Fund, Justice Canada funded projects and activities that target underserved populations, including efforts to improve access to appropriate services for families experiencing separation and divorce. Funding of $15 million to provinces and territories supported the delivery of family justice programs and services for families undergoing separation and divorce. As of March 31, 2023, funding has been provided to four provinces under the Canadian Family Justice Fund to begin work towards implementing provisions in the Divorce Act, which are intended to ensure that families experiencing divorce have access to court proceedings in the official language of their choice.

The Canadian Family Justice Fund also supported provincial and territorial efforts in expanding the availability of government-funded supervision services to facilitate parenting time between a child and parent in cases of separation and divorce, particularly in cases where there may be concerns about the safety of a child or another family member due to family violence. Six projects (MB, ON, QC, NS, PEI, and NF) continued to be active in 2022-23.

Through its Legal Aid Program and Indigenous Courtwork Program, Justice Canada provided funding to provincial governments for the delivery of legal aid services and Indigenous courtwork services. Indigenous courtwork services help Indigenous people in contact with the criminal justice system obtain fair, equitable and culturally relevant representation and services. The Department also continued to support the territories in the provision of legal aid services, public legal education and information programs, and Indigenous courtwork services through consolidated Access to Justice Services Agreements.

The Office of the Federal Ombudsperson for Victims of Crime (OFOVC), provided direct information, referrals and complaint-review services to victims, victims’ family members or representatives, victim-serving agencies, and other stakeholders. Dr. Benjamin Roebuck was appointed as the new Federal Ombudsperson for Victims of Crime in October 2022. In November 2022, Dr. Roebuck appeared before the Standing Committee on Justice and Human Rights to discuss Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication), and provided recommendations to help ensure that victims’ concerns are considered in the legislative process.

Results Achieved

The following table shows the third departmental result for the Justice System Support core responsibility, related performance indicators, targets for 2022-23, and actual results for the three most recent fiscal years.

Financial, human resources and performance information for Justice Canada’s program inventory is available in GC InfoBase.

Gender-based Analysis Plus

Justice Canada remained committed to incorporating intersectional GBA Plus considerations in all areas of its work to improve access to justice and address systemic barriers faced by diverse groups. Key highlights of this work include:

• The legislation for establishing an independent Miscarriage of Justice Review Commission, mandated to review, investigate, and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice. This is expected to have a positive impact on First Nations, Inuit and Métis, Black and other racialized people, and marginalized populations, who are overrepresented in the criminal justice system and who often face challenges in navigating it. For example, the legislation indicates that the Commission must consider gender equality, the personal circumstances of the applicant, and the distinct challenges that applicants who belong to certain populations face in obtaining a remedy for a miscarriage of justice, with particular attention to the circumstances of Indigenous and Black applicants. The legislation also addresses GBA Plus considerations by requiring appointment of commissioners to reflect Canada’s diversity.
• The implementation of the UN Declaration Act, the response to the Truth and Reconciliation Commission’s Calls to Action, administration-of-justice agreements, the development of the Indigenous Justice Strategy, and the response to the Final Report of the MMIWG National Inquiry. Justice Canada used a distinctions-based approach and sought Indigenous voices and perspectives for these priorities, including from Indigenous Elders, women, youth, 2SLGBTQI+ individuals, and persons with disabilities.
• The delivery of public legal education and information and legal advice for those who have experienced workplace sexual harassment, as well as a pan-Canadian outreach program to inform workers, particularly vulnerable workers, about their rights and legal options.

It is important that high-quality disaggregated data be available so programs and services can be tailored towards the people who need them and unequal opportunities or outcomes can be identified and monitored. Justice Canada continued to improve the collection of disaggregated data to support intersectional GBA Plus assessments and performance monitoring. In particular, the Department:

• Continued collaborating with Statistics Canada to improve the collection and use of disaggregated data to inform policy responses to key justice issues. For example, under the Justice Data Modernization Initiative, Justice Canada commissioned and conducted research to understand the role that different social sectors play in reducing the overrepresentation of Indigenous people, Black and other racialized people in the criminal justice system.
• Launched a client survey with funding recipients of the Victims Fund and JPIP to gather information on their experiences with ILA/ILR projects. This client survey collects data on identity characteristics, such as age, gender, ethnocultural group, language and geography as part of the Federal Strategy to Prevent and Address Gender-Based Violence.

For more information and examples, see the 2022-23 Departmental Results Report GBA Plus Supplementary Information Table on the Justice Canada website.

United Nations 2030 Agenda for Sustainable Development and the Sustainable Development Goals

Justice Canada promoted peaceful and inclusive societies for sustainable development, building effective, accountable and inclusive institutions at all levels and improving access to justice for all (SDG 16), notably for Indigenous peoples, Black and other racialized groups, and other marginalized people. Justice Canada also supported SDG 3 (Good Health and Well-being), SDG 4 (Quality Education), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities), SDG 11 (Sustainable Cities and Communities), and SDG 17 (Partnerships for the Goals). The Department continued to collect disaggregated data to measure progress on these SDGs.

Examples of Justice Canada’s contributions to advancing SDGs are detailed earlier in this report and include those related to the UN Declaration Act (SDGs 5, 10, 16); the MMIWG National Action Plan and the Truth and Reconciliation Commission’s Calls to Action (SDGs 5, 10, 16), the overrepresentation of Indigenous people, Black people and other marginalized people in the criminal justice system (SDGs 5, 10, 16); online harms (SDGs 5, 16); and the independent Miscarriage of Justice Review Commission (SDG 16, target 16.3).

Justice Canada also promoted international cooperation, compliance with international agreements and reviews of Canada’s implementation of multilateral agreements, as well as participated in international forums to advance the vision of the 2030 Agenda for SDGs and promoting the rule of law and equal access to justice for all (SDG 16, target 16.3). The Department also worked to ensure public access to information and protected fundamental freedoms, in accordance with national legislation and international agreements (SDG 16, target 16.10). In addition to the examples of Canada’s participation in international bodies detailed earlier in this report, the Department:

• Supported efforts of Justice Canada’s International Assistance Group (IAG). The IAG is Canada’s central authority for international cooperation in criminal matters, specifically for mutual legal assistance to law enforcement and prosecution services for combatting serious transnational crime and extradition matters. The IAG continued to provide training to developing nations on Canada’s extradition and mutual legal assistance regime, assist foreign states in the development of their own internal regimes, and provide departmental expertise to support capacity -building work of international agencies and organizations. (SDG 16, targets 16.4, 16.5, 16.10, 16.A)
• Collaborated with the Organization of Economic Cooperation and Development (OECD) as a member of its Access to Justice Advisory Group and participated in the OECD’s Global Roundtable on Access to Justice. (SDGs 16, 17)
• Contributed as a member of the Justice Action Coalition, a multi-stakeholder alliance of countries and organizations that champions people-centred justice and equal access to justice for all. (SDGs 16, 17)
• Participated in the Open Government Partnership Coalition on Justice to advance open justice commitments, promote peer-to-peer learning, and advance research and data collection. (SDG 16, target 16.10)
• Participated in an informal dialogue with the European Commission on justice issues, including an exchange of best practices on the digitalization of justice. (SDGs 16, 17)

For more information and examples, see the 2022-23 Departmental Results Report UNSDG Supplementary Information Table on the Justice Canada website.

Innovation

Justice Canada continued to innovate and test improvements in program design and delivery. It also explored opportunities to improve access to information about justice, as well as consultation, engagement and outreach, and delivery of services, by exploring new approaches and emerging and innovative technologies. For example, the Department:

• Supported innovative means of engagement on the Indigenous Justice Strategy, which included conducting Justice-led regional and distinctions-based virtual engagement sessions with Indigenous partners, and funding Indigenous communities, governments and organizations to undertake their own independent engagement activities with their members and citizens.
• Used technology to support varying modes of proceedings where counsel can appear remotely rather than in-person (e.g., for case management conferences and procedural hearings, uncontested motions). These changes were guided by the orienting principles from the Action Committee on Court Operations in Response to COVID-19.
• Improved the rules of procedure at the federal Social Security Tribunal using plain language strategies. These new rules will facilitate access to justice by helping people making appeals to understand the process and participate in their appeal.
• Launched a pilot project to support the Department’s integration of future-focused considerations, also known as “foresight,” into policy work. Justice Canada conducted three foresight workshops to support the development of Canada’s Black Justice Strategy and began to examine the future delivery of legal services at Justice Canada.

Key Risks

Actively maintaining productive relationships with essential justice system partners and stakeholders is important in ensuring that Justice Canada is able to meet priorities and expected results. The Department continued to take a people-centred approach to consultation and engagement to mitigate the risk to these essential relationships, with the goal of designing activities that are more accessible and inclusive, as well as trauma-informed, anti-oppressive, and respectful. To help ensure successful outcomes for the Government’s reconciliation agenda, Justice Canada also continued to seek opportunities to regularly engage with national and regional Indigenous organizations, treaty nations, Indigenous governments and representative organizations, including those representing Indigenous women and 2SLGBTQI+ individuals, as well as federal, provincial, territorial and industry partners and other stakeholders. As the COVID-19 pandemic continued to limit in-person interactions, the Department leveraged virtual means to work with partners and stakeholders. For example, videoconferencing solutions were used to engage with Indigenous peoples, government departments, and other stakeholders on the UN Declaration Act Action Plan. Justice Canada also coordinated approaches and leveraged existing forums to mitigate engagement fatigue.

Budgetary Financial Resources (dollars)

The table below shows the 2022-23 net budgetary and net actual spending for the Justice System Support core responsibility.

The variance between planned spending and actual spending is primarily attributable to an increase in contribution spending, mainly under the Immigration and Refugee Legal Aid Program and the DTCFP. This increase was partially offset by decreases in grants and contributions spending under other transfer payment programs, such as the Contraventions Act Fund, the Access to Justice in Both Official Languages Support Fund, and the Victims Fund.

Financial, human resources and performance information for Justice Canada’s program inventory is available in GC InfoBase.

Human Resources (full-time equivalents)

The following table shows the human resources the Department needed to fulfill this core responsibility for 2022-23 in full-time equivalents.

The variance between planned and actual full-time equivalents is mainly explained by additional legal policy work on Indigenous-related matters such as the implementation of the UN Declaration Act, and additional staffing resulting from the creation of the Office of the Independent Special Interlocutor in 2022-23, which had been excluded from planned spending.

Financial, human resources and performance information for Justice Canada’s program inventory is available in GC InfoBase.

Internal Services

Description

Internal services are those groups of related activities and resources that the federal government considers 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
• communication services
• financial management services
• human resources management services
• information management services
• information technology services
• legal services
• material management services
• management and oversight services
• real property management services

Results

The following initiatives under Justice Canada’s internal services enabled business and legal excellence and focused on supporting the Department’s workforce and modernization efforts regarding information technology and workplace management.

The Department also experimented with more people-centred, iterative and collaborative ways of working to minimize duplication of efforts, risks and potential costs. For example, Justice Canada organized a community of practice in February 2023 to discuss the implementation of a department-wide approach to aligning all departmental plans and strategies.

Supporting Employees

Employment Equity, Diversity and Inclusion

The Department’s Anti-Racism and Anti-Discrimination Results Framework and the 2022-2025 Employment Equity Plan present concrete initiatives and actions to improve representation and career development outcomes for equity groups. These include training, research and data collection to increase awareness and capacity among employees in applying an equity, diversity, inclusion, and reconciliation lens in the Department’s daily work. For example, Justice Canada:

• Shared disaggregated employment equity data collected through the Department’s Self-Declaration Questionnaire with all employees. The information collected from this questionnaire informs initiatives to improve opportunities for equity-seeking groups and affect culture change within the Department.
• Provided training on antisemitism, Islamophobia, anti-racism and anti-oppression, transgender and non-binary inclusion, and neurodiversity awareness, which were generally received positively by participants.
• Launched the Justice Canada Executive Leadership Policy Statement on Anti-Racism, Equity, Diversity and Inclusion.

Additionally, Justice Canada published its first Accessibility Plan in December 2022 to eliminate accessibility barriers for employees and Canadians served by the Department, as set out by the Accessible Canada Act. Key achievements include offering accessibility pamphlets for Justice Canada buildings that identify the accessibility features of each building, and proactively publishing alternative formats of the Accessibility Plan (e.g., Braille and audio formats). In addition, the Centre for Workplace Access-Ability, Health and Wellness was created to improve accessibility services for employees, particularly in the field of Duty to Accommodate.

Mental Health

In support of the Federal Public Service Workplace Mental Health Strategy and the departmental Mental Health Strategy, Justice Canada continued to foster a psychologically healthy and safe, respectful, and inclusive workplace. To meet the requirements of the Canada Occupational Health and Safety Regulations, Part XIX - Hazard Prevention Program and the Work Place Harassment and Violence Prevention Regulations, the Department conducted a Workplace Assessment to identify and address physical and psychological risks. Mandatory awareness training on harassment and violence prevention specific to the Department was also rolled out to all employees on December 14, 2022.

Compensation and Phoenix Pay System

Justice Canada continued to implement strategies to improve internal processes and minimize compensation-related issues resulting from the Phoenix Pay System. These strategies include one-on-one support and guidance to employees, education for managers and employees on roles and responsibilities, and the inclusion of a compensation section in an online orientation program. The Department also worked collaboratively with the Pay Centre to address employee pay issues, including repatriating additional functions from the Pay Centre. Additionally, Justice Canada provided information sessions to managers and employees on various compensation- and Phoenix-related subjects, including variable hours of work (e.g., compressed work week or part-time hours), approval processes in Phoenix, and pay stub explanation.

Human Resource Management

Through its three-year Human Resources Management Strategy (2021-2024), Justice Canada has focused on the recruitment, development and retention of a diverse and inclusive workforce with the skills and competencies to meet current and future business needs. Key initiatives included the implementation of targeted hiring processes for qualified and diverse equity group candidates, talent and succession management strategies, a new three-year Corporate Learning Plan (2022-2025), and ongoing work to modernize job descriptions.

Emergency Preparedness

As part of the work to modernize its Business Continuity Management (BCM) program, Justice Canada established its BCM Framework, and updated the terms of reference for its National Committee, which promotes communication and collaboration between Business Continuity leads. This work prepared BCM Coordinators to respond more effectively to disruptions. The Department identified and implemented lessons learned from the pandemic into the BCM Program, such as the increased ability of employees to work remotely and the inclusion of mitigation strategies if employees are not available.

Promoting Innovation and Collaboration

Future of Work and Workplace Management

To respond to the changing reality associated with the pandemic, Justice Canada ensured that it was well prepared to transition to a hybrid work model by:

• Adopting the federal public service hybrid work model as per the Direction on prescribed presence in the workplace, where employees work on site at least two days a week.
• Creating an application to monitor the implementation and tracking of telework agreements.
• Implementing a system to allow employees to book a suitable workspace for their onsite use.

In support of the transition to a hybrid model, Justice Canada delivered information sessions for managers and executives on topics such as: discovering value in a hybrid work model; inclusion in the workplace, and mentoring in a hybrid workplace. The Department also offered a series of workshops to support managers in developing best practices for the hybrid work model.

Digital Transformation and Data Strategy

Justice Canada continued to implement its Digital Transformation Strategy, which is intended to promote digital information sharing and technology and thus improve both internal and external collaboration. Justice Canada also ensured that the Department stayed safe and secure through sound cybersecurity practices. In addition, the Department supported employees in adapting to the new hybrid work model by improving network infrastructure, providing access to new software, and maintaining reliable digital platforms.

The Department also made further progress on implementing the Justice Canada Data Strategy to embed data-driven insight and intelligence into decision-making, to automate processes, and to experiment with artificial intelligence in support of the Department’s mandate. Justice Canada implemented a Data and Analytics Community of Practice, launched a program to recruit and retain skilled data analysts, and launched a program to improve data literacy and awareness of the benefits and limitations of data-driven approaches, including the use of advanced analytics and artificial intelligence. Justice Canada also continued to experiment with artificial intelligence to leverage data in delivering services. For example, the Department piloted solutions to improve legal and corporate translation, chatbot applications, summarization of legal text, court-monitoring tools, artificial intelligence assistance in legal research, and the use of advanced analytics and artificial intelligence in various surveys.

Digital-by-Design Communications with Canadians and with Employees

Justice Canada continued its work to offer plain language and visually compelling online content to meet the information needs of Canadians. This work was informed by user experience, Web and social media metrics, and other analyses. The Department also took an inclusive approach to its communications efforts for both external and internal audiences that was respectful of diversity and ensured accessibility.

The Department continued to modernize its digital platforms to improve communications and information sharing with and among employees and to ensure access for employees by:

• Consolidating existing platforms through the transfer of relevant content to a platform, thereby eliminating accessibility barriers for Justice Canada employees embedded in legal services units in other government departments.
• Improving user experience by improving navigation and modernizing the design of its intranet site to align with Government of Canada standards.
• Developing and publishing all web content through an accessibility lens.

Sustainable Development

In support of the Federal Sustainable Development Strategy 2019-2022 and the Justice Sustainable Development Strategy 2020-2023, Justice Canada continued to transition to low-carbon and climate-resilient operations, while also reducing other environmental impacts, including those affecting waste and procurement. Justice Canada hosted regular outreach activities and training to enhance awareness of greening initiatives. In addition, the Department explored new initiatives, technologies and partnerships to strengthen existing commitments and identify new ones in support of greening Justice Canada’s services and operations. The Departmental Sustainable Development Strategy Report tracks and monitors progress made on commitments outlined in the Justice Sustainable Development Strategy 2020-2023.

For more information on the 2022-23 fiscal year, see the 2022-23 Reporting on Green Procurement Supplementary Information Table on the Justice Canada website.

Key Risks

The risk of exposure to new cyber threats and risk of loss or disruption due to attacks or breaches of the Department’s technology infrastructure was heightened by the COVID-19 pandemic. Justice Canada continued its cybersecurity activities in collaboration with Shared Services Canada, Public Safety Canada, PSPC, the Canadian Centre for Cyber Security and other partners to mitigate this risk.

Contracts Awarded to Indigenous Businesses

Justice Canada is a Phase 1 department and as such, had to ensure that it awarded a minimum 5% of the total value of its contracts to Indigenous businesses by the end of 2022-23. In its 2023-24 Departmental Plan, the Department forecasted that it would award 6% of the total value of its contracts to Indigenous businesses by the end of 2022–23.

As shown in the following table, Justice Canada in fact awarded 13.7% of the total value of its contracts to Indigenous businesses in 2022-23.

In fiscal year 2022-23, Justice Canada awarded contracts totalling $7.4 million to Indigenous business, representing 13.7% of the overall contract value. Significant contracts were awarded for computer hardware, coordinators to assist with engagement on the Indigenous Justice Strategy, and for accommodation and furniture purchases.

Justice Canada took on a multi-faceted approach to achieve these outcomes, raising Indigenous procurement awareness among stakeholders involved in procurement processes. Additionally, the Department conducted outreach activities with Indigenous supplier communities through Request for Information processes.

Justice Canada successfully implemented various tools and measures and made an ongoing effort to sensitize all stakeholders, including project authorities, to the following:

• Canada’s legal procurement obligations toward Indigenous peoples (e.g., modern treaties, section 35 duty to consult, Impact Assessment Act) as well as Canada’s policy procurement obligations toward Indigenous peoples; and
• Canada’s policy procurement obligations toward Indigenous peoples (e.g. the Procurement Strategy for Indigenous Business, the 5% policy, the Inuvialuit Final Agreement, the Directive on Government Contracts, Including Real Property Leases, in the Nunavut Settlement Area ).

Notably, Indigenous procurement considerations were integrated into the file-approval processes conducted by the Project and Procurement Review Board, which is the body within Justice Canada that focuses on the stewardship of project planning/management and procurement. Furthermore, the Department provided training on Procurement Strategy for Indigenous Business procurement to all Justice Canada procurement officers. These collective efforts are intended to foster a mindset where procurement officers proactively consider the procurement for competition solely among Indigenous suppliers.

Budgetary Financial Resources (dollars)

The table below shows the 2022-23 net budgetary and net actual spending for internal services.

The variance between planned spending and actual spending is primarily explained by increased expenditures relating to in-year funding of projects and priorities, such as:

• Information technology projects, which are excluded from planned spending (e.g., investments to enhance connectivity, improve software services to law practitioners, support Cloud services, and support applications and equipment deployed to enable hybrid work).
• Real property projects (e.g., modernizing the electronic physical security equipment for the protection of the Department’s personnel, assets and information).
• Staffing for the Anti-Racism and Anti-Discrimination Secretariat.

Human Resources (full-time equivalents)

The following table shows, in full-time equivalents, the human resources the Department needed to carry out its internal services for 2022-23.

The variance between planned and actual full-time equivalents is mainly explained by an increase in the workforce under Human Resources Management Services to support staffing efforts across the Department, especially under the Legal Services core responsibility and in relation to the Anti-Racism and Anti-Discrimination Secretariat.

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