Gender-based analysis plus

Contents

• Section 1: Institutional GBA Plus Capacity
• Section 2: Gender and Diversity Impacts, by Program
  • Core Responsibility: Legal Services
    • Program Name: Advisory Services
    • Program Name: Legislative Services
    • Program Name: Litigation Services
  • Core Responsibility: Justice System Support
    • Program Name: Contraventions Regime
    • Program Name: Drug Treatment Court Funding Program
    • Program Name: Family Justice
    • Program Name: Indigenous Justice
    • Program Name: Justice System Partnerships
    • Program Name: Legal Policies, Laws and Governance
    • Program Name: Legal Representation
    • Program Name: Ombudsperson for Victims of Crime
    • Program Name: Victims of Crime
    • Program Name: Youth Justice
    • Program Name: Internal Services
  • Definitions

Section 1: Institutional GBA Plus Capacity

Governance:

The Department of Justice supports the Government of Canada’s commitments to Gender-Based Analysis Plus (GBA Plus) to help ensure that federal initiatives are responsive and inclusive. The Department continued to advance the implementation of an intersectional GBA Plus approach across all areas of its work, with a particular focus on the components of the GBA Plus Framework.

In 2022–23, departmental governance committees continued to be engaged in strategic discussions about GBA Plus-related priorities in order to integrate intersectional considerations into strategic decision-making across the Department. Furthermore, the Department continued to apply the key principles defined in the updated Policy on Gender-Based Analysis Plus: Applying an Intersectional Approach to Foster Inclusion and Address Inequities (the Policy). The Policy promotes and supports improved integration of intersectional GBA Plus considerations by requiring that Justice employees take GBA Plus training and apply a systematic and evidence-based GBA Plus approach in their work. Accountabilities and responsibilities of all Justice officials are outlined in the Policy.

The GBA Plus Unit (the Unit), the Department’s responsibility centre for GBA Plus, continued to provide advice and guidance on incorporating intersectional GBA Plus considerations into departmental initiatives, including in Memoranda to Cabinet, Treasury Board Submissions and Budget Requests, among others. The Unit also supported the GBA Plus Champion in their work to actively encourage employees’ participation in capacity-building activities and promote new ways of improving GBA Plus in key areas of work. The Unit’s efforts to promote and enhance intersectional analysis were supported by a departmental working-level group, i.e., the GBA Plus Action Team, which provides advice and guidance on how to further integrate GBA Plus at Justice Canada.

The Department continued to encourage the collection and use of disaggregated data to inform the further development of initiatives, including by advancing the Justice Data Modernization Initiative^{Footnote 1}. To strengthen the application of an intersectional GBA Plus approach to performance monitoring and reporting, the Unit provided advice and support to program officials in identifying meaningful indicators to measure the gender and diversity impacts of Justice-led initiatives. For example, the Unit supported initiative leads by contributing to the integration of GBA Plus in Performance Information Profiles and corporate reporting, by the develop disaggregated data plans and by strengthening the integration of GBA Plus considerations in other departmental results measurement initiatives, such as the Department of Justice Canada Legal Services Client Feedback Survey.

Justice Canada continued to monitor and report on the advancement of GBA Plus through the Impact Assessment process^{Footnote 2}, which evaluates the integration of intersectional GBA Plus considerations in Department-led initiatives. The Unit measures progress by assessing two indicators regarding the timeliness and meaningful influence of GBA Plus. In addition, the Impact Assessment process supports ongoing identification of organizational needs and informs the work of the Unit, including the creation of GBA Plus work plans and the establishment of new strategic priorities.

The Department, supported by the Unit, contributed to advancing the priorities in the Gender Results Framework (GRF) through initiatives that advance the goals related to eliminating gender-based violence and promoting access to justice, among others. Examples of initiatives advancing GRF priorities are included in the program tables below.

Furthermore, Justice Canada participated in various international events to promote gender equality and the application of gender-based methodologies, including the Working Group of Government Experts on Technical Assistance for the United Nations Convention against Transnational Organized Crime, the Canada-EU Justice Dialogue, the United Nations Office on Drugs and Crime Gender and Human Rights Experts Group Meeting as well as various Department of Justice events.

Capacity:

The Department continued to advance its GBA Plus capacity by developing resources and training to help raise awareness about GBA Plus. In December 2022, the GBA Plus Guide for Canada’s Legal Team (Guide) was officially launched. This document provides guidance about how to incorporate GBA Plus considerations into the work of Canada’s Legal Team on advisory, legislation and litigation files referencing concrete examples and best practices. Another priority was the development of training tailored to the specific needs of Justice Canada employees. The GBA Plus Unit worked on launching a competitive process to select subject matter experts who will develop the training content. The first training module, which is expected to be launched in 2024, will focus on the integration of intersectional GBA Plus considerations in legal services and will include best practices and case studies.

Section 2: Gender and Diversity Impacts, by Program

Core Responsibility: Legal Services

Program Name: Advisory Services

Program Goals: To deliver high quality, responsive, timely and useful legal advisory services to federal departments and agencies supporting the advancement of government priorities, including those promoting equity, diversity and inclusion.

Target Population: Internal to the Government of Canada (federal departments and agencies)

Distribution of Benefits^{Footnote 3}

Specific Demographic Group Outcomes: While the Department of Justice Canada (the Department) provides legal advisory services to federal departments and agencies, in a broader sense all Canadians are the indirect end beneficiaries.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

The Department of Justice Canada provides legal advisory services to federal departments and agencies and contributes to the advancement of the outcomes described in the Departmental Results Framework. Direct program impacts are measured through the Department of Justice Canada Legal Services Client Feedback Survey (CFS), sent to client organizations that receive legal services from the Department. Run on a two-year cycle, the survey measures client satisfaction with the delivery of legal services in order to identify strengths as well as areas where service improvements may be needed and to inform Canadians about the quality of the Department’s legal services.

Other Key Program Impacts:

The Department of Justice Canada provides high-quality bilingual and bijural legal advisory services to federal government departments and agencies and contributes to the advancement of overall governmental priorities.

In 2022-23, the Advisory Services program continued to provide accessible legal learning opportunities for Justice legal professionals to ensure they have a current understanding of new developments, modifications, and trends in their specialized legal field. In addition, accessible legal learning was provided to client departments to enable better understanding of how Justice Canada operates, the legal framework and processes and legal risks. All training activities adhered to accessibility requirements, such as offering online training opportunities, as well as delivering training courses, materials and resources in both official languages.

Legal professionals continued to integrate intersectional GBA Plus considerations, as relevant, into legal advice provided to client departments and agencies. Their work was further supported by the GBA Plus Guide for Canada’s Legal Team, released in fall 2022, which helped strengthen their knowledge about the role of intersectional GBA Plus analysis in the legal context.

In 2022-23, the program continued to support multiple Government priorities by providing timely and responsive advisory legal services to federal departments and agencies. The Department continued to support the ongoing government commitment to advancing reconciliation with Indigenous peoples, including the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act). For example, in relation to the implementation of Section 5 of the UN Declaration Act, which requires the Government of Canada to take all measures necessary to ensure consistency of federal laws with the Declaration in consultation and cooperation with Indigenous peoples, the Department provided advice, accessible tools and training in both official languages to federal departments and agencies.

The Department also provided legal support for the extension and modification of emergency support programs and recovery benefits, such as the Canada Emergency Wage Subsidy and Canada Emergency Rent Subsidy, to mitigate the impacts of the pandemic and assist diverse groups of populations disproportionately affected during that period. Statistics Canada data^{Footnote 7} notes that groups negatively impacted by the pandemic, such as women, seniors and youth, benefited most from these initiatives, i.e. nearly three-quarters (74.8%) of women received income from one or more pandemic relief programs, while 61.6% of men did so. In addition, Canadians aged 65 and older (92.1%) and aged 20 to 24 (88.1%) were the most likely to receive benefits from pandemic relief programs.

Additionally, the Department continued to work in close collaboration with clients to support the implementation of the amendments to the Public Service Employment Act (Act) aiming to increase diversity and inclusion in the federal public service and reduce bias and barriers experienced by equity-seeking groups during staffing processes. In July 2023, two amendments to the Act came into force: 1) requiring that any assessment method (e.g. interviews, written exams) and its application be evaluated to identify potential biases and barriers that disadvantage equity-seeking groups and remove or mitigate their impact; and, 2) broadening the authority to investigate errors, omissions or improper conduct resulting from biases or barriers disadvantaging persons belonging to equity-seeking groups and which affected the selection of the person appointed or proposed to be appointed.

Justice Canada also continued to support the Government of Canada with bringing forward a suite of strengthened measures to protect Canadians from gun violence, including intimate partner violence and gender-based violence. This included several proposed amendments to Bill C-21⁠^{Footnote 8}, An Act to amend certain Acts and to make certain consequential amendments (firearms), to keep communities safe, while protecting the interests of hunters and other law-abiding gun owners.

Justice Canada also supported Canadian Heritage and other departments in the development of complementary responses concerning online hate such as providing assistance in the development of the National Action Plan on Combating Hate. Hate crimes disproportionately affect diverse groups based on their ethnicity, religion, sexual orientation, language, disability, and other personal characteristics.

Furthermore, Justice Canada continued to apply a GBA Plus approach in the provision of legal services to the Government of Canada in order to foster greater gender equality, diversity and inclusiveness in the fora of international trade and investment. In negotiating and applying the dispute settlement provisions in Canada’s Free Trade Agreements and Foreign Investment Promotion and Protection Agreements, the Department continued to propose and advocate for increased diversity—including increased gender diversity—the appointment of arbitrators and panelists to adjudicate a dispute under the Treaty.

Supplementary Information Sources:

Annual progress report on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act (July 2023)

GBA Plus Data Collection Plan:

The Advisory Services program supports the implementation of GBA Plus across the public service by integrating GBA Plus considerations, as relevant, into legal advice provided to government departments and agencies. Relevant data on impacts on gender and diversity is collected by the client departments and agencies leading the development and implementation of the specific initiative. In addition, the Department of Justice continues to monitor disaggregated data published by partner departments, such as Statistics Canada, which could improve GBA Plus reporting, including as relevant and applicable to legal advisory services.

To improve data collection related to gender and diversity, in fall 2022, the Department took steps to include an additional diversity question in Cycle V of the CFS. The new indicator measures client satisfaction with the integration of GBA Plus and equity, diversity and inclusion considerations into legal advisory services provided by Justice Canada. Full results on this indicator are expected to be available by March 2026, while partial results will be available in March 2024. This new data will provide important feedback on the integration of GBA Plus considerations into legal advisory services, as relevant.

Program Name: Legislative Services

Program Goals: To deliver high quality, responsive, useful and timely legislative services to federal departments and agencies supporting the advancement of government priorities, including those promoting equity, diversity and inclusion.

Target Population: Internal to the Government of Canada (federal departments and agencies)

Distribution of Benefits

Specific Demographic Group Outcomes: While the Department of Justice Canada provides legislative and regulatory drafting services to federal departments and agencies, in a broader sense all Canadians are the indirect end beneficiaries.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

The Department of Justice Canada provides legislative and regulatory drafting services to federal departments and agencies and contributes to the advancement of the outcomes described in the Departmental Results Framework. Direct program impacts are measured through the Department of Justice Canada Legal Services Client Feedback Survey (CFS), sent to client organizations that receive legal services from the Department. Run on a two-year cycle, the survey measures client satisfaction with the delivery of legal services in order to identify strengths as well as areas where service improvements may be needed and to inform Canadians about the quality of justice legal services.

Other Key Program Impacts:

Legal professionals provide high-quality bilingual and bijural legislative services to the government, including the drafting of government bills, government motions to amend bills before Parliament and proposed regulations and other statutory instruments. The co-drafting and revision processes are intended to ensure the highest quality of language in both French and English, thereby meeting the requirements under the Official Languages Act.

The Minister of Justice is responsible for examining all government bills and regulations for inconsistency with the Canadian Charter of Rights and Freedoms (the Charter), which is aligned with, yet distinct from intersectional GBA Plus assessments. The list of GBA Plus factors considered is broader than the list of prohibited grounds of discrimination under both the Charter and the Canadian Human Rights Act (CHRA) and the fact that a law, policy, or program has or may have a differential impact on a specific group of people based on their personal characteristics does not necessarily give rise to legal risks under either the Charter or the CHRA. Both the Charter and CHRA recognize, however, that, in order to achieve substantive equality, it is necessary to consider the differences in individual needs and circumstances and, if appropriate, take those differences into account in the design of laws, policies, and programs with a view to avoiding unequal benefits or burdens.

Legal professionals continued to integrate intersectional GBA Plus considerations, as relevant, into legislative services provided to client departments and agencies. Their work was further supported by the GBA Plus Guide for Canada’s Legal Team, released in fall 2022, which helped strengthen their knowledge about the role of intersectional GBA Plus analysis in the legal context.

The program continued its activities related to the consolidation and publication of new and updated federal acts and regulations in accordance with accessibility standards through the Justice Laws Website. All acts and regulations are published in both official languages.

The Legislative Services program continued to provide accessible legal learning opportunities for Justice legal professionals to ensure they have a current understanding of new developments, modifications, and trends in their specialized legal field. Learning activities addressed specific legislative drafting needs and adhered to accessibility requirements, such as offering online training opportunities, as well as delivering training courses, materials and resources in both official languages.

The Legislative Services program also updated the French language version of its guide on inclusive legislative drafting and released a new drafting note addressing the use of Indigenous names in the legislative corpus.

GBA Plus Data Collection Plan:

The Legislative Services program supports the implementation of GBA Plus across the public service by integrating GBA Plus considerations, as relevant, into legislative and regulatory drafting services provided to Government of Canada departments and agencies. To measure and report on medium and long-term impacts on gender and diversity as well as increased access to justice, the program relied on relevant data collected by Statistics Canada and other partner organizations.

To improve data collection related to gender and diversity, in fall 2022, the Department took steps to include an additional diversity question in Cycle V of the CFS. The new indicator measures client satisfaction with the integration of GBA Plus and equity, diversity and inclusion considerations into legislative and regulatory drafting services provided by Justice Canada. Full results on this indicator are expected to be available by March 2026, while partial results will be available in March 2024.

Program Name: Litigation Services

Program Goals: To provide high quality, responsive, useful and timely litigation services to federal departments and agencies supporting the advancement of government priorities, including those promoting equity, diversity and inclusion.

Target Population: Internal to the Government of Canada (federal departments and agencies)

Distribution of Benefits

Specific Demographic Group Outcomes: While the Department of Justice Canada provides litigation services to federal departments and agencies, in a broader sense all Canadians are the indirect end beneficiaries.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

The Department of Justice Canada provides litigation services to federal departments and agencies and contributes to the advancement of the outcomes described in the Departmental Results Framework. Direct program impacts are measured through the Department of Justice Canada Legal Services Client Feedback Survey (CFS), sent to client organizations that receive legal services from the Department. Run on a two-year cycle, the survey measures client satisfaction with the delivery of legal services in order to identify strengths as well as areas where service improvements may be needed, and to inform Canadians about the quality of the Department’s legal services.

Other Key Program Impacts:

Under the Litigation Services program, legal professionals provide high-quality bilingual and bijural litigation services to the federal government. Litigation services assist the Government in achieving its objectives in accordance with the law and in ensuring that it meets its obligations under the Canadian Charter of Rights and Freedoms, and other constitutional and international obligations.

One of the main objectives of the Litigation Services program is to provide accessible legal learning opportunities for Justice legal professionals to ensure they have a current understanding of new developments, modifications, and trends in their specialized legal field. In addition, accessible legal learning was provided to client departments to enable better understanding of how Justice Canada operates, the legal framework and processes and the legal risk. Learning activities address specific litigation needs and adhere to accessibility requirements, such as offering online training opportunities, as well as delivering training courses, materials and resources in both official languages.

To improve the integration of intersectional, equity, diversity and inclusion principles into litigation services, legal professionals relied on the GBA Plus Guide for Canada’s Legal Team, released in December 2022. The Guide provides comprehensive examples and best practices strengthening legal professionals’ knowledge about how to better incorporate GBA Plus considerations into litigation services, where appropriate.

During 2022-23, the Department continued to support the Government’s ongoing commitment to reconciliation with Indigenous peoples. This support included providing litigation services in accordance with the Attorney General of Canada’s Directive on Civil Litigation Involving Indigenous Peoples, Principles respecting the Government of Canada’s relationship with Indigenous peoples and the Principles Guiding the Attorney General of Canada in Charter Litigation. GBA Plus principles are also applied in the litigation context, as appropriate. For instance, the Department ensured a consistent approach to high profile class actions related to sexual harassment, assault or misconduct, and harassment or discrimination in the workplace and provided support on the settlement of Indigenous childhood claims. In addition, to support varying modes of proceedings, where counsel can appear by video or telephone rather than in-person (e.g. case management conferences and largely procedural hearings; uncontested motions), counsel were guided by the Orienting Principles from the Action Committee on Court Operations in Response to COVID-19.

GBA Plus Data Collection Plan:

The Litigation Services program supports GBA Plus across the public service by integrating GBA Plus considerations, as relevant, into litigation services provided to federal departments and agencies. As a legal service provider instructing clients, advice is concentrated on legal risks (i.e. likelihood of adverse outcome) while other impacts on a litigation file, including GBA Plus analysis and data collection related to this, fall under the responsibility of client departments. With respect to providing legal advice on a file, litigators may indicate that the client should take into account GBA Plus considerations. Examples of files where this may take place include Charter litigation, gender-based or diversity litigation (e.g. harassment, exclusion) and settlement discussion, as appropriate.

To improve data collection related to gender and diversity, in fall 2022, the Department took steps to include an additional diversity question in Cycle V of the CFS. The new indicator measures client satisfaction with the integration of GBA Plus and equity, diversity and inclusion considerations into litigation services provided by Justice Canada. Full results on this indicator are expected to be available by March 2026, while partial results will be available in March 2024.

Core Responsibility: Justice System Support

Program Name: Contraventions Regime

Program Goals: This program includes the Contraventions Act Fund established by the federal government to ensure the implementation and the administration of the Contraventions Act enforcement regime in a manner consistent with all applicable constitutional and legislative language rights and obligations. More concretely, the Fund aims to sustain access to justice in both official languages for all offenders by providing provinces and territories with the ability to deliver judicial activities and extra-judicial services in both official languages in conformity with obligations set out under Part IV of the Official Languages Act and section 530 and 530.1 of the Criminal Code.

Target Population: Canadians who have received a federal contraventions ticket

Distribution of Benefits

Specific Demographic Group Outcomes: Alleged offenders are the ultimate beneficiary^{Footnote 15} of the Contraventions Act Program through an efficient and effective justice system, specifically given their language rights within the context of a prosecution. More specifically, offenders who are members of official language minority groups are expected to have access to judicial activities and extra-judicial services in the official language of their choice.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

Other Key Program Impacts:

In 2022-23, the provinces continued to fulfil official languages duties on behalf of the federal government by sustaining concrete measures meant to ensure that offenders’ language rights are respected. The Department provided funding to six provinces and one municipality to support them in safeguarding the official language rights of offenders. All trials requested by members of official language minority communities were held in the official language of their choice, which allowed the Fund to meet its obligation of providing offenders with judicial activities and extra-judicial services in the official language of their choice.

Supplementary Information Sources:

Evaluation of the Contraventions Act Program (2021)

GBA Plus Data Collection Plan:

The GBA Plus data that is collected is focused on understanding how obligations to official language minority communities are being fulfilled. During 2022-23, the jurisdictions receiving funding continued to report on the following: total number of contraventions tickets issued; the number of trials requested in each official language; the number of trials held in the second official language of the jurisdiction; the number of trials requested in the second official language and scheduled but not held; and, the number of complaints, if any, concerning non-compliance with federal obligations under the Official Languages Act and Criminal Code. Furthermore, program officials created standardized templates for funding partners in order to improve the quality of the data collected. As new data is received, it will be analysed to assess actions that could be taken, as needed, to address any barriers to accessing services in both official languages and how to further improve data collection.

Program Name: Drug Treatment Court Funding Program

Target Population: Non-violent offenders who committed a crime as a result of a substance use disorder

Program Goals: The Drug Treatment Court Funding Program aims to reduce criminal recidivism related to substance use disorder through court-monitored treatment and community service support for eligible non-violent offenders. The Program helps participants to lead healthier lives by breaking the cycle of substance use and criminal recidivism and also aims to promote and strengthen the use of alternatives to incarceration, with a particular focus on vulnerable populations.

Distribution of Benefits

Specific Demographic Group Outcomes: Drug Treatment Court Programs are available to all Canadians who meet the selection criteria. However, they have a greater beneficial impact for males between 20-49 years of age with a serious dependence on the illicit use of opiates, who form the majority of participants. The general public and community members are expected to benefit indirectly as the program contributes to making communities healthier and safer by reducing criminal recidivism of participants who committed a crime due to a substance use disorder.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

Other Key Program Impacts:

Problematic substance use can disproportionately affect racialized communities resulting in related criminal behaviour. The most recent program data provides evidence that the Indigenous population, among others, derives benefits from the program. For example, while according to 2021 Census data Indigenous peoples account for 5% of Canadian population, Statistics Canada data shows that Indigenous peoples represented 30% of adult admissions to provincial/territorial correctional services in 2021-22.^{Footnote 21} Respectively, 25% of the new participants in the program in 2022-23 self-identified as Indigenous. Furthermore, to support more inclusive initiatives that are responsive to the needs of diverse participants, as part the application process, funding recipients are requested to explain how a GBA Plus approach is integrated in the design and delivery of the activities to improve access to the program for diverse individuals. Funding recipients are also expected to report on GBA Plus outcomes.

Supplementary Information Sources:

Evaluation of the Drug Treatment Court Funding Program (2021)

GBA Plus Data Collection Plan:

The Drug Treatment Court Funding Program uses the Drug Treatment Court Information System (DTCIS) to collect program client data. As part of the application process to renew the 2023-2028 agreements, the provinces and territories were asked to explain in their application form how they will integrate an intersectional GBA Plus approach to improve access to DTCs for diverse individuals, such as Indigenous, Black and other racialized people who are overrepresented in the criminal justice system. New funding agreements for fiscal years 2023-2028 now require that provinces and territories report through the federal database and that the data collected be disaggregated by GBA Plus identity factors such as age group, gender and ethnicity.

The Drug Treatment Court Funding Program is in the process of replacing its database (DTCIS) for the collection of information. The new database will include standard demographic survey questions on gender, Indigenous identity, and ethno-cultural identity with a view to collecting data that will inform equity and evidence-based policy objectives. The new database is in development and should be available for use by the end of fiscal year 2023-2024.

Program Name: Family Justice

Program Goals: This program includes the Canadian Family Justice Fund (CFJF), whose overall purpose and objective is to facilitate access to the family justice system for families experiencing separation and divorce and ensure that the justice system is responsive to the needs of families, children and youth, and operates with fairness and efficiency.

Target Population: Canadian families experiencing separation and divorce

Distribution of Benefits

Specific Demographic Group Outcomes: The direct beneficiaries of the activities of the Program are Canadian families, children and youth, while indirect beneficiaries are all Canadians.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

Other Key Program Impacts:

During 2022-23, CFJF provided funding to nine projects that specifically extended the reach of family justice programs, services and information to meet the needs of diverse and underserved populations. For example, the Saskatchewan Child Support Calculation Service created a new pilot service for the calculation of child support which reduces cost and stress for families going through a separation, including lower income mothers, by determining the amount of child support administratively. Furthermore, in Ontario, resources were developed to help people, including newcomer populations and ethnic groups, navigate issues that arise from separation and divorce, such as a Family Law Guided Pathway on financial implications and instructional videos on how to make a motion in family court. Additionally, in Prince Edward Island, a project aimed to support access to family justice and the justice system by: reducing language barriers and identifying obstacles for diverse and underserved populations; creating more opportunities to recalculate child support through alternatives to court; streamlining and improving family law civil procedure; and, providing specialized programming. Further, Nova Scotia created an innovative online Separation Agreement Guided Pathway family justice tool, which both informs Nova Scotians about family law issues relating to separation and provides a family law service that is currently not addressed in the province through existing family law supports. Lastly, a project in Le Petit Pont in Quebec aimed to train professionals so that they can help underserved communities, such as urban and rural ethno-cultural communities, people with substance abuse issues and people in official language minority situations, better understand legislative changes such as the amendments to the Divorce Act; protect them and improve their physical and emotional well-being; and help them make better use of new technologies. This project will also better equip these professionals to improve their command of the English language and to intervene with diverse populations.

The CFJF continues to support provincial and territorial efforts to expand the availability of government-funded supervision services in relation to the exercise of 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. For example, funding allowed Nova Scotia to improve their Supervised Access and Exchange Program through an increased number of service providers, more flexibility to include night and weekend services, and an increased capacity to provide virtual services, particularly in low density areas of the province. Funding to Manitoba was used to modify and expand existing supervised parenting time services to address a growing backlog. Funding increased service capacity to vulnerable children and their families by expanding existing services, implementing innovative solutions, and, improving access to court-ordered supervised visits across the province, including northern Manitoba where access to supervised parenting time services was not previously available.

In 2022-23, the CFJF provided funding to seven provinces and territories to continue working towards the implementation of the official language provision of the Divorce Act. This funding supports provinces and territories in enhancing their capacity to deliver family justice services in both official languages to ensure that Canadians can have their divorce proceedings in the official language of their choice.

Supplementary Information Sources:

Evaluation of Federal Support for Family Justice: Canadian Family Justice Fund (2023)

GBA Plus Data Collection Plan:

Program officials started work on updating the exit surveys, namely the Family Mediation Service and the Parenting Education Program surveys, with added focus on GBA Plus related questions. These updates are expected to be finalized next year.

Furthermore, the Department engaged with the Coordinating Committee of Senior Officials (CCSO) Family Justice in 2022-23 to understand the needs of the provinces and territories with respect to providing family justice services. Program officials will continue to consult with the provinces and territories on gaps and needs related to funding for family justice services. The consultation process will be completed by the end of April 2024, when the annual reporting templates will be updated based on the feedback received to ensure consistency and completeness of reported data by provinces and territories as well as non-governmental organizations. The updated annual reporting templates will be launched by the end of June 2025.

Program Name: Indigenous Justice

Program Goals: The broader context in which the Indigenous Justice Program (IJP) and the Indigenous Courtwork Program (ICW) operate includes a recognition of a long and complex history of colonialism, displacement, and residential schools, which continue to negatively impact Indigenous peoples and has led to higher levels of incarceration and victimization. IJP supports community-based justice programs that offer alternatives to mainstream justice processes in appropriate circumstances. Programming reflects the justice values, traditions and culture of their community and contributes to addressing the overrepresentation of Indigenous people in the criminal justice system, both as victims and offenders. The objective of the ICW is to provide assistance to Indigenous people involved in the criminal justice system to obtain, fair, just, equitable and culturally relevant treatment.

Target Population: Indigenous individuals in contact with the justice system, in particular accused persons and offenders.

Distribution of Benefits

Specific Demographic Group Outcomes: The direct beneficiaries of the activities of the Program are Indigenous people involved with the justice system as victims as well as offenders/accused, including Indigenous women and girls and Indigenous youth. Indirect beneficiaries are Indigenous communities and all Canadians.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

Other Key Program Impacts:

Both the IJP and the ICW have a direct positive benefit on Indigenous accused and offenders, as well as victims. They contribute to improved access to justice for Indigenous peoples, increasing safety and security for Indigenous communities, and reducing the overrepresentation of Indigenous people in the criminal justice system.

Indigenous Courtwork Program

In 2022-23, the Department continued to support Indigenous people involved in the criminal justice system by improving Indigenous Courtwork services. For example, ICW provided $2.5 million to support increased access to Indigenous family courtwork services. Furthermore, $2.75 million was provided to Indigenous organizations, provinces and territories for the delivery of Gladue reports and/or the development of Gladue report models.

Indigenous Family Courtwork services address systemic barriers at the intersection of criminal justice, family justice and child protection. Services can include: connecting families with appropriate family and community resources; increasing understanding of court processes and direction given by the court; increasing access to family group conferencing/mediation and/or other culturally-appropriate restorative processes; and increasing the courts’ understanding of Indigenous cultures, languages and traditions.

A Gladue Report is a report prepared to provide the court with comprehensive information on an Indigenous accused/offender, their community and their family, and includes a healing and restorative justice plan to be taken into account to help inform reasonable options and alternatives. Gladue reports are also a tool to increase the court’s understanding of how systemic discrimination, including deliberate policies (such as residential schools) are major factors that bring Indigenous people into contact with the justice system.

Indigenous Justice Program

In 2022-23, the Department continued to support 211 Indigenous-led community-based justice programs across the country through the IJP. The IJP supports Indigenous communities to design and lead culturally-competent programs that respond to local realities and priorities. The IJP supported 40 project agreements focused on civil and family mediation services. These projects will pilot, enhance, and/or evaluate community-determined mediation, dispute resolution, healing, and intervention programming for youth, families, intimate partners and/or community members. Projects are expected to contribute to healthier family relationships and reduce contact with the child protection system for Indigenous families and children, as well as prevent crime.

Additionally, the IJP supported 36 community-based justice programs in providing post-sentence Gladue aftercare. This funding assists individuals who have had a Gladue report in meeting the conditions of their sentence and implementing recommendations from the report. Individuals (as well as family and community members) are provided healing supports in circumstances where the Gladue report writing brings up past trauma.

Supplementary Information Sources:

Evaluation of the Indigenous Justice Program (2021)

Evaluation of the Indigenous Courtwork Program (2023)

GBA Plus Data Collection Plan:

In 2022-23, the IJP continued to provide training to improve the reporting of disaggregated data on a broader range of program activities. In addition, the IJP continued to pilot a new online data collection tool, with full roll-out expected by April 2024. This tool is expected to further improve the quality of the data collected.

The ICW improved the information gathered through ICW agreements, including the collection of data related to recent funding for Family Courtwork services. Additionally, Gladue reports ICW staff met with internal and external justice partners to improve data collection beginning in 2023-2024. Improvements include the expansion of GBA Plus considerations and revisions to reporting templates to improve reporting accuracy.

Program Name: Justice System Partnerships

Program Goals: The overall objectives of the Program are to increase the capacity of the justice system and its stakeholders to offer justice related services including services in both official languages; and to increase awareness and knowledge among justice stakeholders and Canadians of their rights and responsibilities and justice issues related to language minorities, family violence, and other emerging trends and issues related to access to justice.

Target Population: All Canadians

Distribution of Benefits

Specific Demographic Group Outcomes: Canadians, including official language minority communities, are the ultimate beneficiaries of the activities carried out under the Program, which has the ultimate goal of ensuring that all Canadians have equal access to justice. The population subgroups targeted by the specific program activities may include but are not limited to Indigenous people and bilingual youth wishing to study law, family violence victims, immigrants, minority groups, and self-represented litigants. The initiatives under the Program also benefit bilingual justice professionals such as judges, attorneys, clerks, bailiffs and probation officers, among others, by providing them with various resources, training and other knowledge products to improve their linguistic capabilities, and build awareness and knowledge related to access to justice issues.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

Other Key Program Impacts:

The Justice Partnership and Innovation Program (JPIP) and the Access to Justice in Both Official Languages Support Fund continued to apply a GBA Plus lens to their assessment of proposals and management of funding, which included improving data collection and supporting funding recipients to apply a GBA Plus lens in the design and delivery of their projects.

Justice Partnership and Innovation Program

In 2022-23, under the Legal Services and Supports for Racialized Communities initiative, 29 projects were approved for funding through the JPIP for a financial investment of over $19 million over five fiscal years. The projects, implemented in 11 jurisdictions, provide culturally appropriate justice-related services and supports to racialized communities. Projects are serving diverse communities, including Black Canadians, Indigenous communities, Muslim Canadians, racialized youth, racialized official language minority communities, South Asian communities, and racialized 2SLGBTQI+ individuals.

In 2022-23, the Department funded 25 projects supporting victims of intimate partner violence (IPV), implemented in 11 jurisdictions. The projects are addressing the needs of victims of IPV involved in the family justice system, including supporting victims in rural/remote and northern communities, as well as Inuit women, Indigenous communities, and official language minority communities.

In support of the Community Justice Centres (CJC) initiative, seven jurisdictions were approved for funding to facilitate community engagement to assess the feasibility of expanding CJCs. Diverse communities were engaged including Indigenous, rural and remote communities, official language minority communities, and Black Canadians to help identify how a CJC could support their communities’ unique needs and address systemic issues within the justice system.

Pilot CJCs have been funded in both British Columbia (BC) and Ontario and are addressing the root causes of crime with the aim of breaking the cycle of offending and improving public safety and community well being. The pilot in BC is supporting the BC First Nations Justice Council to develop and implement Indigenous Justice Centres to address the overrepresentation of Indigenous people in the province’s justice system. In Ontario, the province is expanding four pilot sites that offer a court-based approach that seeks to address the intersection of poverty, homelessness, addictions and systemic racism within the criminal justice system. The four pilot sites are addressing unique and diverse community needs including the overrepresentation of Indigenous and Black people and youth crime.

Access to Justice in Both Official Languages Support Fund

In 2022-2023, the Department made available $13 million to not-for-profit organizations and provincial and territorial government organizations and funded a total of 65 projects as part of the Government of Canada’s Action Plan for Official Languages 2018-2023: Investing in our Future. Funded projects raised awareness and supported public legal information activities, helped to enact Bill C-78 Official Language provisions, contributed to the development of linguistic tools, provided training to justice professionals, and supported translation of judgements, among others.

The Department continued to support official language minority communities by providing funding to organizations/associations, academic institutions and provinces and territories to increase the capacity of the justice system and its stakeholders to offer justice services in both official languages and increase the availability of legal information in both official languages. For example, the Réseau des chercheures africaines, a not-for-profit organisation operating in the Greater Toronto Area, offered 10 legal information workshops in French through its My Access to Justice through Legal Empowerment project. Approximately 400 francophone women from racialized communities of the local French-speaking community participated in the workshops. The participants increased and further developed their knowledge about a wide-range of legal subject-matter.

Furthermore, training was offered to justice professionals. For example, the Association Franco-yukonnaise, a not-for-profit organisation operating in Whitehorse, through its Legal terminology training for justice professionals project, offered a two-day French legal terminology training session to seven Yukon-based justice professionals.

Supplementary Information Sources:

Evaluation of the Justice Partnership and Innovation Program (2017)

Evaluation of the Access to Justice in Both Official Languages Initiative (2021)

GBA Plus Data Collection Plan:

In 2022-23, the JPIP undertook several actions to further develop its data collection, including the development of two client surveys, i.e., a client survey for victims receiving independent legal advice/representation and a client survey for organizations providing legal advice and supports to racialized communities, both of which will be available electronically in fall 2023 for completion anonymously. Both surveys will allow for the collection of data that can be disaggregated by gender, ethnicity, sexual orientation, age and geographic location. The disaggregated data will provide evidence about the need for services, while also identifying possible barriers and accessibility issues that certain groups may be facing in accessing services. In addition, under the CJC initiative, reporting forms for funding recipients were developed and implemented that include the collection of data that can be disaggregated by age, ethnicity and gender.

Furthermore, the majority of the funding initiatives under the JPIP have reporting requirements for funding recipients that assess the integration of an intersectional GBA Plus approach in the design and delivery of their projects. This supports the Program in identifying any possible gaps in funding, as well as barriers faced by diverse communities and their specific needs.

In preparation for the launch of the Government Action Plan on Official languages 2023-28, the Justice in Official Languages team completed a comprehensive GBA Plus assessment of the Access to Justice in Both Official Languages Support Fund. The analysis considered various stakeholder perspectives, defined a set of intersectional issues, and included a review of data collection activities. It makes several recommendations, including one on data collection, which refers to addressing data gaps by, where relevant, requiring organizations to develop a disaggregated data collection plan as part of their funding applications, among others.

To improve GBA Plus data collection, the Support Fund reporting template will incorporate a table to collect disaggregated GBA Plus data. The template will be shared for comments with provinces, territories and non-governmental organizations non-government organizations (NGOs) in fall 2023 and will be implemented by January 2024.

Program Name: Legal Policies, Laws and Governance

Program Goals: The Legal Policies, Laws and Governance program develops and coordinates all federal legislative reforms, policy options and initiatives, and provides policy advice on these matters. The Program also supports the Cabinet/Parliamentary processes and engagement, and collaborates with stakeholders, including federal, provincial and territorial officials, national and international stakeholders and non-governmental organizations. The ultimate goals of the Program include improving access to justice and ensuring that Canada’s justice system is fair, efficient, and accessible to everyone.

Target Population: All Canadians

Distribution of Benefits

Specific Demographic Group Outcomes: The ultimate beneficiaries of the activities of the Program are predominantly Canadians, but also people residing in Canada, who are in contact with the justice system. Specific social groups that are overrepresented in the justice system, either as victims or offenders/accused, such as women, Indigenous peoples, and Black and other racialized groups may experience greater benefits. Additionally, to identify and address unintended impacts and systemic barriers that diverse groups may face, the Department actively seeks the participation in collaboration, engagement and consultation initiatives of women, gender-diverse people, youth, as well as diverse Indigenous voices, including Indigenous women, Elders and youth, among others.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

The National Justice Survey is an annual public opinion research survey conducted to explore Canadians’ perceptions and knowledge of justice-related issues.

Other Key Program Impacts:

The Department of Justice Canada continued to develop and coordinate all federal justice legislative reforms, policy options and initiatives to promote a fair, efficient and accessible justice system for the benefit of all Canadians. This included the areas of judicial affairs, criminal justice, victims of crime, youth justice, family justice, official languages, contraventions, bijuralism, Indigenous justice, human rights, privacy, access to information, security, and terrorism.

The development of high-quality legal policies and laws enables the delivery of programs and services that advance Government of Canada priorities and contribute to achieving increased access to justice and improved accountability and responsiveness of the justice system.

The Department continued to incorporate an intersectional GBA Plus approach in many areas of policy development. For example, through its Community of Practice, the Consultation and Engagement Unit offered training sessions and workshops to Justice employees to increase and maintain departmental capacity and knowledge relating to consultation and engagement methodologies and techniques, including applying a GBA Plus lens to all phases of the consultation and engagement process. For example, a workshop was offered on the use of inclusive language in French during the engagement process in order to foster a safe and accepting environment for gender diverse participants. In addition, the newly established Strategic Foresight Unit, whose work focusses on client-defined problem sets, incorporated an intersectional analytical lens by ensuring the analysis reflects a range of diverse perspectives and lived experiences.

Human Rights: The Department continued to support the Government’s ongoing commitment to promoting and protecting human rights and the advancement of democratic values, as well as protecting the personal information of Canadians. For example, the Department worked in collaboration with Innovation, Science and Economic Development Canada to develop the Digital Charter Implementation Act introduced in June 2022, which significantly strengthens Canada’s private sector privacy law, creates new rules for the responsible development and use of artificial intelligence (AI), and advances the implementation of Canada’s Digital Charter. The initiative ensures all Canadians benefit from clear rules around the use of personal information and responsible AI development.

In addition, the Department worked on the development of a Child Rights Impact Assessment (CRIA) tool and e-learning course. The purpose of this CRIA tool is to assist officials in assessing the potential impact of a proposed initiative on children. The CRIA tool is grounded in the United Nations Convention on the Rights of the Child and supports evidence-based decision-making and good public policy.

Women, Peace and Security: The Department continued to collaborate with Global Affairs Canada on advancing the Women, Peace and Security (WPS) initiative and submitted a progress report on relevant activities undertaken in 2021-2022 related to the implementation of Canada’s second National Action Plan on WPS. The objectives of the WPS initiative include advancing women’s equality, legal empowerment and access to justice, eliminating all forms of gender-based violence, and promoting women’s full participation in democratic institutions.

Canada’s Black Justice Strategy: The Department continued its work on Canada’s Black Justice Strategy by establishing a Steering Group in February 2023, which will provide strategic advice on the development of the Strategy. In selecting the nine members of the Steering Group, consideration was given to various intersectionalities within the Black community, including language, gender and geographic location. An intersectional approach will also be applied to the community engagement phase to ensure the Strategy reflects the diversity of backgrounds, experiences, and regional realities of Black communities across Canada.

Justice Anti-Racism Policy: In support of the Clerk’s Call to Action on Anti-Racism, Equity, and Inclusion in the Federal Public Service, the Department worked on the development of the Justice Anti-Racism Policy applied to program, policy and legal services initiatives, which was approved in June 2023. The Policy complements the departmental Anti-Racism and Anti-Discrimination Results Framework 2021-2024 and will ensure that Justice-led initiatives are responsive, inclusive and reflective of the experiences and realities of Indigenous peoples, Black and racialized communities. Furthermore, this policy aims to identify, address, and mitigate the effects of discrimination, inequities and barriers.

Indigenous Justice Strategy: The Department continued to advance the development of an Indigenous Justice Strategy (IJS), in consultation and cooperation with provinces, territories and Indigenous partners, to address systemic discrimination and the overrepresentation of Indigenous people in the Canadian justice system. A three-year broad and inclusive consultation and engagement process is currently underway. Throughout the planning and implementation phase, an intersectional GBA Plus lens has been and continues to be applied to encourage a diverse representation of Indigenous voices and perspectives at each stage of the process. Wave 1 of the Justice-led IJS engagement, launched in November 2022 and concluded in March 2023, resulted in 26 virtual engagement sessions with First Nations, Inuit and Métis partners, convening over 500 participants from various regions and distinctions. Dedicated sessions were also held with Indigenous women, 2SLGBTQI+ people, youth, Elders, as well as those living in urban settings and those with lived experience in the Canadian justice system. The inclusion of intersectional Indigenous perspectives will help to better identify and reflect, to the extent possible, shared Indigenous justice priorities.

United Nations Declaration on the Rights of Indigenous Peoples Act: Justice Canada continued its consultation and cooperation process with Indigenous peoples, their representative organizations and other Indigenous groups on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act), including the development of an action plan by June 2023. Phase one of the consultations took place from December 2021 to December 2022, and focused on working in partnership with First Nations, Inuit and Métis peoples, governments and representative organizations to include a broad range of Indigenous voices and better understand their priorities in order to shape the action plan. This includes voices of Indigenous women, Two-spirit and gender-diverse individuals, Elders and youth and Indigenous people with disabilities. Phase one generated a range of input, themes, information, measures and recommendations from over 220 virtual sessions and 60 submissions from Indigenous partners. The release of a draft action plan and a What We Learned to Date report in March 2023 launched a second and more intense phase of consultation and cooperation, leading to the tabling of the final action plan in Parliament in June 2023 as required by the statute. For more information see the 2023 Annual progress report.

Reconciliation: The Department continued to strive to develop innovative approaches to support Indigenous justice systems, guided by the Truth and Reconciliation Commission of Canada Calls to Action and the National Inquiry into Missing and Murdered Indigenous Women and Girls Calls for Justice. This included leading negotiations on administration-of-justice agreements with Indigenous partners. This work provides a foundation for the development of a new conceptual framework for Indigenous groups to assume a greater role in the administration of justice within their communities, which will advance self-determination, promote community development, and increase public safety. A number of provincial and territorial partners participate in these negotiations. The Department is committed to ensuring the participation and inclusion of perspectives, experiences, and voices from diverse groups within Indigenous communities, specifically Elders, youth, women and 2SLGBTQI+ persons, throughout the various phases of the negotiation process. Administration of justice arrangements are expected to provide a unique opportunity to help reduce the victimization of Indigenous women, youth, gender-diverse and 2SLGBTQI+ persons by facilitating the development of community-led and community-focused justice agreements.

Addressing Systemic Issues: The Department continued to support the implementation of legislation addressing the overrepresentation of Indigenous peoples, as well as Black Canadians and members of marginalized communities, both as offenders and as victims. For example, Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, received Royal Assent in November 2022. This Bill repealed certain mandatory minimum penalties that contribute to higher rates of imprisonment and also allowed for a greater use of conditional sentence orders where appropriate, so that judges are better equipped to impose appropriate sentences. This legislation was intended to address systemic inequities and the overrepresentation of Indigenous people, Black people, and members of other racialized or marginalized communities, such as those with mental health and substance abuse challenges, in the criminal justice system.

Furthermore, the Department supported the implementation of Bill S-4, An Act to 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 in December 2022. This Bill supported the safe, efficient and effective operation of criminal proceedings, to help address the challenges faced by criminal courts caused or exacerbated by the COVID-19 pandemic, and modernize our criminal justice system. This legislation made improvements to the criminal justice system to ensure that Canadians are kept safe, to help increase efficiencies, and to reduce delays for all those involved in the system.

The Department also led work on 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), which was introduced to Parliament on February 16, 2023. The new commission would have the mandate to review, investigate, and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice.

Supplementary Information Sources:

National Justice Survey 2022

GBA Plus Data Collection Plan:

In 2022-23, the National Justice Survey 2023 response scales were updated to improve data quality by adding labels to midpoints. In addition, gender and ethno-cultural identity questions were revised to better reflect Canada’s diversity. The survey employed a probability-based sampling method to ensure that results are representative of Canada’s total adult population, ages 18 and over. Indigenous people and racialized groups were oversampled to ensure a sufficient number of responses for disaggregated analysis. As a result of this sampling approach, results from the National Justice Survey 2023 will be disaggregated by: Indigenous identity, ethno-cultural identity, age, gender and region.

Furthermore, under the Justice Data Modernization Initiative (JDMI), the Department began to commission and conduct research that uses data science to examine the potential for social interventions, both within and outside the justice sector, to reduce the overrepresentation of Indigenous and racialized people in the criminal justice system. For example, work began with Statistics Canada to develop a simulation model of flows into and out of the criminal justice system, which is expected to be completed by 2024-25. The model will reduce data gaps and help predict the potential for programs, policies and legislation to reduce overrepresentation in the criminal justice system. Additional projects under the JDMI are expected through 2025-26 and aim to further improve the collection and use of disaggregated data.

In addition, data related to gender and diversity are collected about the Justice-led engagement sessions with Indigenous partners on the UN Declaration Act Action Plan. Most recent data are published in the 2023 Annual progress report. Following the release of the Action Plan in June 2023, consultation and cooperation with Indigenous peoples will continue, with the objective of developing implementation plans and performance measurement strategies to inform monitoring and reporting, including through the use of an intersectional GBA Plus lens. Having Indigenous people’s diverse perspectives reflected is critical for understanding whether and/or how progress is being made. Indigenous partners have indicated that they want the measurement of progress to be transparent, objective, and speak to their communities.

Program Name: Legal Representation

Program Goals: The goals of the Legal Aid Program are to improve access to justice for economically-disadvantaged individuals, help ensure that the Canadian justice system is fair, efficient and accessible, and that public confidence in the justice system is maintained.

Target Population:

Criminal Legal Aid: economically-disadvantaged adults and youth, including vulnerable populations (males 12 to 34, Indigenous peoples, individuals from Black and other racialized communities, and individuals suffering from mental health and addiction issues).

Immigration and Refugee Legal Aid (I&R Legal Aid): economically-disadvantaged immigrants and refugees (non-official language speakers, members of racialized communities, 2SLGBTQI+ individuals).

Impact of Race and Culture Assessments (IRCAs): economically-disadvantaged adults and youth from Black and other racialized communities eligible for criminal legal aid.

Workplace Sexual Harassment: women, Indigenous women, racialized women, youth, 2SLGBTQI+ individuals, workers in low-wage or casual employment.

Distribution of Benefits

Specific Demographic Group Outcomes: The Legal Aid Program supports provincial governments and legal aid service providers, in providing access to legal advice and representation for economically-disadvantaged individuals and uses an individual’s income as the main factor to determine eligibility to receive legal aid. Legal aid funding is made available to the territorial governments via Access to Justice Services Agreements. As males (adults and youth), Indigenous persons, members of Black and other racialized communities, persons with mental health issues and those with cognitive impairments are over-represented in the criminal justice system, these groups, along with immigrants and refugees (for I&R legal aid) benefit more from legal aid. Women, especially low-income women in precarious employment, young women, newcomer and ethnocultural minority women, Indigenous women, and 2SLGBTQI+ individuals are disproportionately impacted by workplace sexual harassment and are the primary beneficiaries of legal advice in cases of sexual harassment in the workplace.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

Other Key Program Impacts:

The provision of legal information, advice, and representation is vital in supporting access to justice for the economically-disadvantaged people who cannot afford counsel, such as immigrants and asylum claimants, and those who tend to be overrepresented in the criminal justice system, including Indigenous peoples, and members of Black or other racialized communities.

Criminal legal aid assists these overrepresented populations in navigating an increasingly complex criminal justice system where inadequate legal representation generally results in inequitable and overly punitive outcomes for diverse groups disproportionately affected by the system.

With respect to immigration and refugee legal aid, asylum claimants and individuals who receive legal aid for immigration matters are very likely to belong to one or more of the following vulnerable groups: visible/ethnic minorities; non-official language speakers with limited knowledge of English or French; and 2SLGBTQI+ individuals.

Projects funded under the Legal Advice for Complainants of Sexual Harassment in the Workplace are required to apply a GBA Plus approach and take into account relevant intersecting factors, such as race, sexual orientation, age, disability, language, and/or immigration status, etc., to address the experiences of complainants.

Impact of Race and Culture Assessments (IRCAs) are pre-sentencing reports that help sentencing judges better understand the effects of poverty, marginalization, racism, and social exclusion of the offender and their life experience. The goal of this funding is to help address the overrepresentation of Black and other racialized individuals in the criminal justice system and improve access to justice.

Supplementary Information Sources:

Legal Aid in Canada 2021-22

Evaluation of the Legal Aid Program (2021)

GBA Plus Data Collection Plan:

During 2022-23, improvements were made to the annual final reporting package, aimed at improving the Department’s ability to better measure and report on GBA Plus impacts and outcomes. These efforts are ongoing and departmental officials continue to work with provinces, territories and legal aid service providers to promote better data collection efforts. For example, in 2022-23, the Department encouraged those jurisdictions that currently do not collect legal aid data on over-represented populations, i.e., Indigenous peoples, individuals from Black and other racialized communities, and persons with mental health and/or substance abuse issues, to make an effort to address those gaps.

The Legal Aid Program also collects GBA plus data for the IRCA component. This includes data related to age, gender, official language, and ethnicity of legal aid clients who received an IRCA, as part of funding recipients’ annual reporting requirements. Furthermore, reporting under the workplace sexual harassment initiative collects disaggregated data (by geographic area, gender, race/ethnicity, level of education and income), from funded organizations.

Legal Aid Program representatives meet annually to review and update the annual final reporting package, which provides an opportunity to identify and report on data collection barriers and make improvements in an effort to ensure consistent data collection across all jurisdictions.

Program Name: Ombudsperson for Victims of Crime

Program Goals: The objective of the Office of the Federal Ombudsperson for Victims of Crime (OFOVC) is to improve the access for victims of crime to information about their rights, existing federal programs and services, and also ensure a neutral review process to address their complaints about federal programs, services, laws or policies regarding victims of crime. In addition, the program works to promote access by victims to existing federal programs and services for victims by providing them with information and referrals. The OFOVC works to identify and review emerging and systemic issues that negatively impact victims of crime.

Target Population: All Canadians, with a specific focus on victims of crime

Distribution of Benefits

Specific Demographic Group Outcomes: The direct beneficiaries of the program are victims and survivors of crime, including members of overrepresented groups such as women, Indigenous peoples, Black and racialized individuals, 2SLGBTQI+ persons, persons with disabilities and others.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

Other Key Program Impacts:

In 2022-23, the OFOVC continued its work with stakeholders and clients to inform its recommendations to the federal government on steps to address intimate-partner and domestic violence, sexual assault, human trafficking and femicide. A number of initiatives supported the advancement of these priorities, including:

• In January 2023, the OFOVC initiated a working group to explore anti-Black racism in the criminal justice system and how it affects Black victims’ rights in Canada.
• The Indigenous Advisory Circle (IAC) was reinstated and an Indigenous person was appointed to chair the Circle. The IAC is expected to continue its advisory work in the fall of 2023, which supports recommendations calling for the implementation of the Truth and Reconciliation Commission of Canada Calls to Action and to support the implementation of the National Action Plan on Missing and Murdered Indigenous Women and Girls.
• The OFOVC supports the recommendations from the National Inquiry into Missing and Murdered Indigenous Women, Girls and 2SLGBTQI+ people. The OFOVC advocates for an inclusive lens that also considers the unique needs of the families of missing and murdered Indigenous men and boys with consideration of their different safety needs and recognition of the high rates of homicide and disappearances of Indigenous men as highlighted by Statistics Canada in the Rates of Homicide Victims Report released in 2023.
• In December 2022, the House of Commons Standing Committee on Justice and Human Rights published the report Improving Support for Victims of Crime, where the OFOVC Progress Report: The Canadian Victims Bill of Rights was cited numerous times and many of the recommendations made by the committee reflect OFOVC recommendations regarding efforts to strengthen victims’ rights as well as increase transparency and accountability across the criminal justice system for victims of crime and violence.

Supplementary Information Sources:

The Office of the Federal Ombudsperson for Victims of Crime: Reports

GBA Plus Data Collection Plan:

The OFOVC already collects certain demographic data provided by victims, such as gender, official language and geographic location. While this data is used to identify trends or issues that may negatively impact diverse groups of victims, the OFOVC continues to work towards addressing gaps in data reporting.

In addition, in 2022-23, the OFOVC continued working with Justice Canada on the development of a new client management system and online complaint form that will improve the program’s capacity to report on gender and diversity impacts. The new case management system will also help address data gaps for certain areas including race, ethnicity, and Indigenous identity. The new disaggregated data will help identify which victims groups need more support, including racialized communities, such as Black persons and Indigenous peoples, and will inform the development of a targeted approach to apprise these groups of the benefits of registering as a victim and their right to file a complaint with the Office. Migration to the new management system is planned to be completed by the end of 2023-24 and the online complaint form is expected to be launched by March 2024.

Furthermore, in 2022-23, the OFOVC developed a data strategy that will help strengthen its capacity to report on GBA Plus data through performance monitoring, organizational priorities and by conducting research. By improving its data collection, the OFOVC will be able to continue making more evidence-based recommendations to Ministers, departmental officials, and Parliamentarians to increase access to justice for victims.

Program Name: Victims of Crime

Program Goals: The Federal Victims Strategy (FVS) is a horizontal initiative that undertakes three inter-related strategic activities: criminal law reform; policy development and federal leadership; and program development and delivery. An important part of the FVS, the Justice Canada Victims Fund supports the objective of giving victims a more effective voice in the criminal justice system. In order to achieve this objective, initiatives funded under the Victims Fund are designed to consider a broad range of factors and conditions that influence the justice system such as reducing hardship for victims of crime, increasing their participation in the criminal justice system and increasing access to services for victims.

Target Population: Victims of crime and more broadly all Canadians

Distribution of Benefits

Specific Demographic Group Outcomes: Victims and survivors of crime are the ultimate direct beneficiary of the Program’s activities, including members of overrepresented groups such as women, Indigenous peoples, Black and racialized individuals, and others. In addition, most of the work on victims and survivors of crime is undertaken in partnership with other stakeholders or through support to Parliament. This includes organisations delivering victim services, victims’ advocacy organizations, as well as criminal justice system and allied professionals.

Key Program Impacts on Gender and Diversity

Key Program Impacts Statistics:

Other Key Program Impacts:

The Victims Fund applies an intersectional GBA Plus lens to its funding delivery. This includes developing calls for proposals, supporting applicants with the application of GBA Plus in their project development, assessing-proposals, managing projects, collecting data and delivering projects.

In 2022-23, under the Victims Fund’s Child Advocacy Centres (CAC) Initiative, 34 projects were approved for a total investment of $19 million over five fiscal years. The approved projects are serving 34 communities located in urban, rural and remote areas across Canada. CACs are a collaboration with law enforcement, child protection, medical and mental health professionals, and victim advocates in a child-friendly facility to provide an individualized response for children and youth who have experienced child abuse and their families. CACs seek to minimize system-induced trauma and support longer-term well-being of young victims and their families. A CAC is a community-based program, designed to meet the unique needs of the particular community in which it is located. Projects are being implemented in eight different jurisdictions serving diverse groups such as Indigenous children and youth, newcomers, and 2SLGBTQI+ people. Two of the funded CACs are Indigenous-led, reflective of the needs of the community, their unique culture and languages.

In 2022-23, the Department provided additional funding for Independent Legal Advice / Independent Legal Representation to victims of sexual assault and intimate partner violence in a criminal context, making these support services available in all 13 jurisdictions across Canada. Specifically, the funding includes supports to meet the cultural and other needs of Indigenous women, girls and 2SLGBTQI+ individuals seeking support from gender-based violence.

In addition, through the Victims Fund, 12 projects were approved to provide funding to victims serving organisations who support victims and survivors of human trafficking in rural, remote, urban and Indigenous communities across Canada. These projects help advance the priorities of the National Strategy to Combat Human Trafficking and address the unique needs of victims of human trafficking and sexual exploitation. The projects are being implemented in nine provincial jurisdictions across Canada, with two having a national scope through referrals. Three of these projects specifically support Indigenous people by providing culturally relevant and responsive victim services.

Furthermore, the Department published the article Hate Crimes in Canada, which explores the impacts of hate crimes on victims with different identity characteristics, as well as on those close to the victim (e.g. family and friends) and the community through a brief review of the literature and statistics on hate crimes.

Supplementary Information Sources:

Evaluation of the Justice Canada Federal Victims Strategy (2021)

Statistics Canada data tables on victimization

Victims of Crime Research Digest N0.16

GBA Plus Data Collection Plan:

During the 2022-23 fiscal year, the Victims Fund shared new reporting tools with its recipients. With a view to ensure consistent and fulsome data collection, a new reporting template will be adapted to each of the Victims Fund’s components (Human trafficking, CACs, ILA/ILR, Indigenous supports, etc.) and a client survey will be administered by the victim serving organisations. These tools will allow for the disaggregation of data by age, gender, ethnicity, sexual identity, language and location and will be used by the program to address gaps and barriers faced by victims and survivors of crime who are in contact with the criminal justice system. The new data will be reflected in annual reporting starting in June 2023.

Program Name: Youth Justice

Program Goals: The ultimate goals of the Youth Justice Programs include improved responsiveness of the youth justice system and support for a fair and accessible youth justice system.

Target Population: The general youth justice population, aged 12 to 17 at the time of the offence, is the primary target for this programming.

Distribution of Benefits

Specific Demographic Group Outcomes: The ultimate beneficiary from the programming is youth involved in the criminal justice system and more specifically members of sub-groups overrepresented in the criminal justice system, which includes young males, Indigenous male and female youth and other racialized youth populations such as Black youth.

Key Program Impacts on Gender and Diversity

Key program impact statistics:

Other Key Program Impacts:

Justice Canada administers three funding programs supporting federal youth justice priorities, i.e. the Youth Justice Services Funding Program (YJSFP), the Intensive Rehabilitative Custody and Supervision (IRCS) Program and the Youth Justice Fund (YJF). These programs are part of the Youth Justice Initiative (YJI), which is the federal government’s primary contribution to the continued implementation of the Youth Criminal Justice Act.

In 2022-23, the YJF supported a number of projects that assisted marginalized and Indigenous populations and helped advance GBA Plus priorities. For example, the Beausejour Family Crisis Resource Centre Inc. as part of their project “Creating a trauma-informed and gender-responsive anger management program for justice-involved in South-East New Brunswick” used a GBA Plus lens as part of their engagement process to ensure consultation activities were inclusive, accessible, and safe and that a broad range of participants had the opportunity to contribute. In addition, a GBA Plus and needs assessment were conducted to better understand the experiences of youth mandated by court to take an anger management program. As a result, the project was able to identify current gaps, needs and best practices with regard to anger management programming and to inform the development of an enhanced and more responsive anger management programming for youth.

The Department of Justice, in collaboration with the Federal Anti-Racism Secretariat at the Department of Canadian Heritage, conducted an engagement process to better understand the challenges facing Black youth who have been in contact with and involved in the Canadian youth criminal justice system. A community-based approach was taken and the work was led by seven community liaisons who organized and guided focused virtual engagement sessions and meetings in six cities across Canada. A total of 224 individuals with diverse intersectional backgrounds and experiences participated in these discussions, including Black youth aged 18 to 29, who had experiences with the CJS under the Youth Criminal Justice Act when they were 12 to 17 years old, as well as family members and other key stakeholders. The Black Youth and the Criminal Justice System: Summary Report of an Engagement Process in Canada was subsequently published in June 2022.

Supplementary Information Sources:

Evaluation of the Youth Justice Initiative (2021)

Statistics Canada data tables for youth corrections

Admissions to youth corrections, by visible minority group and sex

GBA Plus Data Collection Plan:

A new Excel database and reporting tool for the Youth Justice Fund enables the reporting of project-specific GBA Plus disaggregated data. Due to this new reporting tool, the program is able to provide, for the first time, key program impact statistics on gender and diverse GBA Plus factors.

Work is underway with Statistics Canada to include individual-level IRCS program data in the Social Data Linkage Environment. This will enable the Department to track outcomes for IRCS program participants in a disaggregated way. Furthermore, the Department continues to work with Statistics Canada to address key data gaps with respect to Indigenous, racialized minority youth and 2SLGBTQI+ youth related to a number of key youth indicators used by the Program.

The Department continued its ongoing monitoring and communication with funding recipients as well as raising awareness about the need for and benefits of collecting and reporting GBA Plus data, which will contribute to improving the level of compliance and the quality of GBA Plus data.

Program Name: Internal Services

Program Goals: Internal Services provide support services to employees and management allowing the Department to meet its corporate obligations and deliver its programs. Internal Services promote equity, diversity and inclusion within the Department by providing services and resources to employees and management, including on workplace harassment prevention and support to members of equity seeking groups.

Target Population: Department of Justice Canada employees

Distribution of Benefits

Specific Demographic Group Outcomes: Indigenous peoples, persons with disabilities, members of racialized groups, 2SLGBTQI+ persons, students and newcomers/immigrants directly benefit from the targeted recruitment initiatives and creation of inventory pools implemented by the Department. In addition, the Department is modernizing its internal services to improve accessibility, with the goal of removing and preventing barriers faced by persons with disabilities.

Key Program Impacts on Gender and Diversity

Other Key Program Impacts:

Overall, the Department has several key initiatives underway to improve equity and diversity and accommodate the various needs of equity-seeking groups. For example, in 2023 a New Centre for Workplace Access-Ability, Health and Wellness was launched. The Centre is a one-stop shop providing easy and timely access to tools, resources, advice and guidance, including individualized services in areas such as disability management, duty to accommodate, and mental health and wellness, among others. As of March 31, 2023, a total of 667 employees self-declared as belonging to at least one of the four equity groups (i.e. Indigenous peoples, Persons with Disabilities, Racialized Persons or the 2SLGBTQI+ / SOGIE communities).

Accessibility: In addition, the first Accessibility Plan for the Department of Justice Canada was published in December 2022. The Plan identifies a number of outcomes aiming to remove and prevent accessibility barriers for employees, clients, and members of the public who interact with the Department. Furthermore, in support of the Information and Communications Technology section of the Accessibility Plan, an IT Accessibility team has been created to help ensure that software solutions are accessible. As well, a wide-variety of hardware, devices, and supportive software have been made available to support accessibility for users, including braille displays, larger monitors, and screen readers.

Culture of Inclusivity: To improve the culture of inclusivity, the Department introduced the Justice Executive Leadership Policy Statement on Anti-Racism, Equity, Diversity, and Inclusion; developed guidance on Land Acknowledgement and a GBA Plus Guide for Canada’s Legal Team, as well as guidance on Applying an Anti-Racism Framework; and approved the implementation of the Justice Anti-Racism Policy.

Learning and Professional Development: In terms of learning and professional development programs, accessibility accommodation is available as part of every learning offering. Equality, Diversity and Inclusion requirements of law societies are taken into account when planning the annual curriculum and developing learning opportunities for legal professionals at Justice.

Harassment and Violence Prevention: The Department has also developed and implemented mandatory departmental training as prescribed under the Work Place Harassment and Violence Prevention Regulations, to complement the Canada School of Public Service training on Workplace Harassment and Violence Prevention for managers and employees. Finally, the Harassment and Violence Prevention Program provides a safe and confidential space to report and/or discuss incidents of harassment and violence, which includes incidents related to the prohibited grounds for discrimination under the Canadian Human Rights Act.

GBA Plus Data Collection Plan:

In addition to ongoing data collection based on employment equity factors, Internal Services houses Justice Canada’s Anti-Racism and Anti-Discrimination Secretariat (ARADS), which is implementing new measures and approaches to improve reporting on impacts by gender, racial identity and ability. For example, to support the monitoring and evaluation of initiatives within the Anti-Racism and Anti-Discrimination Results Framework, a results map and indicators were developed. In 2022-23, the Department also implemented a self-declaration process to collect data for 2SLGBTQI+ communities. Data was used, with the consent of the employees, for targeted human resources programs and inclusive hiring processes benefiting members of equity seeking groups. To address possible gaps in data, the Department has increased promotion and awareness of the self-identification and self-declaration process.

In addition, the Department’s Accessibility Plan created ongoing feedback mechanisms, which provide employees, including persons with disabilities, as well as departmental clients and members of the public, the opportunity to share their personal experiences and suggestions for improvements. The Department will continue to monitor the implementation of the Accessibility Plan and report on a quarterly basis, starting in May 2023.

A new Employment Equity Plan includes goals regarding representation, hiring, promotion and retention of employees from employment equity groups and includes reporting on a semi-annual basis. As part of the Employment Equity Plan, the ARADS implemented a disaggregated Employment Equity data initiative, which complements the regular Workforce Representation and Availability Estimates dashboard. In 2023–24, the Department will start using a methodology developed based on Statistics Canada’s advanced dynamic population projection model to project active labour force data and put in place future-oriented hiring targets.

Definitions

Target Population: See Finance Canada definition of Target Group in the User Instructions for the GBA Plus Departmental Summary)

Gender Scale:

• First group: Predominantly men (e.g., 80 per cent or more men)
• Second group: 60 per cent – 79 per cent men
• Third group: Broadly gender-balanced
• Forth group: 60 per cent – 79 per cent women
• Fifth group: Predominantly women (e.g., 80 per cent or more women)

Income Level Scale:

• First group: Strongly benefits low-income individuals (Strongly progressive)
• Second group: Somewhat benefits low-income individuals (Somewhat progressive)
• Third group: No significant distributional impacts
• Forth group: Somewhat benefits high income individuals (Somewhat regressive)
• Fifth group: Strongly benefits high income individuals (Strongly regressive)

Age Group Scale:

• First group: Primarily benefits youth, children and/or future generations
• Second group: No significant inter-generational impacts or impacts generation between youth and seniors
• Third group: Primarily benefits seniors or the baby boom generation