Department of Justice Canada’s 2023–24 Departmental Results Report

Justice Canada provided integrated legal advisory services, litigation services, and legislative and regulatory drafting services to client departments and agencies to support their priorities and ministerial mandate letter commitments.

Results achieved:

Economic resilience

Justice Canada provided legal services to client departments and agencies in support of their initiatives to build a stronger economy and to help make life more affordable for Canadians, such as:

• The preparation of the Budget Implementation Act, 2023, No. 1 (former Bill C-47), which includes measures relating to increasing housing affordability, the new Canadian Dental Care Plan, and the provision of a $2 billion Canada Health Transfer top-up to address immediate pressures on the health care system. Former Bill C-47 received royal assent on June 22, 2023.
• The preparation and introduction of Bill C-59, the Fall Economic Statement Implementation Act, 2023, which was introduced in the House of Commons on November 30, 2023.
• The establishment and implementation of new social benefits, including the Canada Dental Benefit and the Grocery Rebate.
• Infrastructure Canada’s suite of initiatives to implement Canada’s Housing Plan, including measures for affordable housing and homelessness.
• Canada Revenue Agency’s sustained efforts to combat tax evasion and avoidance, as well as to ensure the fairness and integrity of the tax system. Justice Canada also represented the Crown in litigation matters that involved tax avoidance schemes.

Environmental priorities and sustainability

Justice Canada provided legal services to the following client departments and agencies on matters related to sustainability and the environment:

• Environment and Climate Change Canada for the development of multiple regulatory initiatives that will contribute to reducing Canada’s greenhouse gas emissions. These initiatives included the publication of the proposed Clean Electricity Regulations in August 2023, which would introduce a clean electricity standard to achieve a net-zero clean electricity grid by 2035, and the development of Canada’s 2030 Emissions Reduction Plan, which provides a roadmap for the Canadian economy to achieve 40% emissions reductions below 2005 levels by 2030.
• Natural Resources Canada on the development of the Critical Minerals Infrastructure Fund, which will provide up to $1.5 billion in federal funding over seven years for the clean energy and transportation infrastructure projects necessary to enable the sustainable development and expansion of critical minerals in Canada.
• Impact Assessment Agency of Canada to support the Government’s response to the October 13, 2023 Supreme Court of Canada advisory decision in Reference re Impact Assessment Act, 2023 SCC 23. This included providing legal support in developing proposed legislative amendments to the Impact Assessment Act.
• Environment and Climate Change Canada for the development, drafting, and consideration by the Senate of Bill S-15, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, which, as introduced, would phase out the captivity of elephants and great apes in Canada for purely private or entertainment purposes.

Indigenous rights and the path to reconciliation

Justice Canada provided legal services in a variety of contexts broadly relating to reconciliation, including section 35 of the Constitution Act, 1982 and Aboriginal and treaty rights, the duty to consult, the honour of the Crown, fiduciary duty, historical and modern treaties, the United Nations Declaration on the Rights of Indigenous Peoples, and the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act). This also includes legal services provided in support of the Federal Pathway to Address Missing and Murdered Indigenous Women, Girls and 2SLGBTQQIA+ People (Federal Pathway), the broader National Action Plan: Ending Violence Against Indigenous Women, Girls, and 2SLGBTQQIA+ People (MMIWG National Action Plan), as well as the Government of Canada’s response to the Truth and Reconciliation Commission’s Calls to Action and the National Inquiry into Missing and Murdered Indigenous Women and Girls’ Calls for Justice. Justice Canada also took part in the Residential School Documents Advisory Committee, which is mandated to make recommendations regarding the transfer of residential school documents to the National Centre for Truth and Reconciliation.

Notably, Justice Canada provided legal services to:

• Federal departments and agencies on the development and implementation of the UN Declaration Act and Action Plan measures that fall under their responsibility. Justice Canada also supported them in understanding and implementing section 5 of the UN Declaration Act.
• Indigenous Services Canada on the implementation of Indigenous child and family services legislation, including the negotiation of 17 active coordination agreement tables and the implementation of seven concluded coordination agreements pursuant to An Act respecting First Nations, Inuit and Métis children, youth and families. These agreements facilitate Indigenous groups’ exercise of jurisdiction over child and family services. Justice Canada also provided legal support to Indigenous Services Canada on coordination agreements and related funding arrangements in support of Inuit governing bodies exercising jurisdiction over Inuit child and family services.
• Indigenous Services Canada in obtaining the Federal Court of Canada’s approval of the $23.34 billion settlement agreement to compensate First Nations children and families who were harmed by discriminatory underfunding of the First Nations Child and Family Services Program and those impacted by the Government’s narrow definition of Jordan’s Principle. Justice Canada also provided legal advice to the federal government on issues related to the implementation and the long-term approach to Jordan’s Principle.
• Crown-Indigenous Relations and Northern Affairs Canada in the negotiation of modern treaties, self-government agreements and other constructive arrangements, such as:
  • The Nang K̲’úulaas Recognition Agreement, entered into by the Haida Nation, Canada and British Columbia in July 2023, as well as the introduction of Bill S-16, the Haida Nation Recognition Act in the Senate on February 8, 2024.
  • An Interim Land Reconciliation Agreement with the Snuneymuxw First Nation, signed on January 27, 2024.
  • A $50 million funding agreement between Lake Babine Nation and Canada, signed on February 21, 2024, which will support the implementation of the 2020 Foundation Agreement between Lake Babine Nation, Canada and British Columbia.
  • The renewal of the fiscal financing agreements for 24 self-governing First Nations.
  • A Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate, the first modern treaty in Saskatchewan in effect September 2023, as well as the passage of the Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act (former Bill C-51), which received royal assent on June 22, 2023.
  • Ongoing negotiations with modern treaty partners on potential treaty amendments, ongoing dispute resolution processes, and ongoing implementation of modern treaties.
• Crown-Indigenous Relations and Northern Affairs Canada in implementing the Modern Treaty Implementation Policy, most notably in the ongoing work to establish the Commissioner for Modern Treaty Implementation, one of the cornerstone commitments in this Policy.
• Crown-Indigenous Relations and Northern Affairs Canada by participating in Specific Claims Implementation Working Group meetings to advance the co-development of options to reform the Specific Claims Policy and resolution process with the Assembly of First Nations.
• Indigenous Services Canada for proposed legislation, co-developed with the Assembly of First Nations, to replace the Safe Drinking Water for First Nations Act. Bill C-61, the First Nations Clean Water Act, was introduced in the House of Commons on December 11, 2023.
• Crown-Indigenous Relations and Northern Affairs Canada in the ongoing assessment of potential Addition to Reserve Policy revisions.
• Public Safety Canada, Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada on the efforts to advance First Nations policing legislation in relation to self-government and the honour of the Crown, as well as related litigation.
• Public Services and Procurement Canada in finalizing terms and conditions for Indigenous set-aside and Indigenous Participation Plans, which are essential for the achievement of the 5% target of federal contracts awarded to Indigenous businesses.
• Fisheries and Oceans Canada with respect to the management of Canadian fisheries and aquaculture, including the negotiation and implementation of fisheries agreements with Indigenous communities and the enhanced involvement of Indigenous peoples in the management of aquaculture.
• Fisheries and Oceans Canada to ensure that the Government meets its commitment to conserve 25% of Canada’s lands and waters by 2025 and 30% by 2030. For example, the Agreement in Principle for the Project Finance for Permanence led by Qikiqtani Inuit Association was signed on October 6, 2023, which will create a network of Inuit-led protected areas.
• Fisheries and Oceans Canada with respect to the long-term implementation of Atlantic First Nations’ treaty right to fish in pursuit of a moderate livelihood.

Justice Canada also provided legal support to client departments on litigation concerning Indigenous peoples, notably:

• Crown-Indigenous Relations and Northern Affairs Canada regarding the Supreme Court of Canada hearing in Dickson v Vuntut Gwitchin First Nation, 2024 SCC 10 on the first ruling on the application of section 25 of the Canadian Charter of Rights and Freedoms in the context of self-government. The Supreme Court of Canada established a new precedent in relation to the application of the Charter to Indigenous governments and a new four-step framework for application of section 25 of the Charter, which protects Indigenous collective rights and freedoms from diminishment by conflicting individual Charter rights and freedoms.
• Crown-Indigenous Relations and Northern Affairs Canada for the negotiation of a final Robinson Huron Treaty settlement agreement.
• Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada regarding the Supreme Court of Canada hearing concerning the constitutional validity of An Act respecting First Nations, Inuit and Métis children, youth and families.
• Crown-Indigenous Relations and Northern Affairs Canada for Percival v Canada, 2024 FC 824, a settlement of class proceedings brought on behalf of First Nations and Inuit individuals who were placed in private homes for the purpose of attending school. The settlement responded to claims of abuse, loss of language and culture and was approved by the Federal Court in December 2023.

Protecting Canadians

Justice Canada provided legal services to client departments and agencies on ongoing priorities concerning safer communities, including:

• Public Safety Canada, the Royal Canadian Mounted Police, and the Canada Border Services Agency on measures to combat gun crime, including the passage of An Act to amend certain Acts and to make certain consequential amendments (firearms) (former Bill C-21), which received royal assent on December 15, 2023. Justice Canada also continued to provide support on regulatory projects regarding the coming into force of amendments to the Firearms Act and with respect to harm reduction measures (e.g., “red flag” and “yellow flag” regimes).
• The Department of Finance Canada on measures detailed in Budget 2023 that combat financial crime and ensure the integrity of Canada’s financial system. This included legislative measures to ensure that federally regulated financial institutions and their owners act with integrity, and that Canada’s financial institutions are protected against threats, including foreign interference and money laundering.
• Innovation, Science and Economic Development Canada to promote economic security and combat foreign interference through the modernization of the Investment Canada Act. This included providing legal support for the drafting and passage of former Bill C-34, An Act to amend the Investment Canada Act, which received royal assent on March 22, 2024.
• Canadian Heritage and other departments regarding efforts to combat serious forms of harmful online content such as online hate and content that is harmful to children, such as the development of Bill C-63, An Act to enact the Online Harms Act, to amend the Criminal Code, the Canadian Human Rights Act and An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service and to make consequential and related amendments to other Acts. Bill C-63 was introduced in the House of Commons on February 26, 2024.
• Canadian Heritage on the development of the National Action Plan on Combatting Hate.
• The Privy Council Office in introducing Bill C-65, An Act to amend the Canada Elections Act (Electoral Participation Act), which seeks to enhance voter participation and the integrity of Canada’s electoral process to help counter disinformation, the misuse of technologies, and foreign interference. Bill C-65 was introduced in the House of Commons on March 20, 2024.

Regulatory and legislative modernization

Justice Canada provided legal services on initiatives aiming to modernize Canada’s regulatory system and legislative framework, including:

• Regulatory reforms as part of the Regulatory Reviews, which examine federal regulatory requirements to address potential barriers to innovation and economic growth in Canada. In November 2023, the Treasury Board of Canada Secretariat posted reports on the progress of regulatory initiatives that were identified in the first two rounds of Regulatory Reviews.
• The parliamentary process for Bill S-6, An Act respecting regulatory modernization (second Annual Regulatory Modernization Bill), which aims to keep federal regulations relevant. It is also used to implement, in part, the legislative amendments detailed in the regulatory reviews.

In addition, Justice Canada provided legal services to:

• Innovation, Science and Economic Development Canada for the introduction of Government amendments to Bill C-27, the Digital Charter Implementation Act, 2022, in March 2024. The proposed amendments pertain to the proposed Consumer Privacy Protection Act and the proposed Artificial Intelligence and Data Act.
• Competition Bureau Canada regarding efforts to advance competition law reform, most notably in the grocery sector.
• Innovation, Science and Economic Development Canada with respect to several legislative initiatives relating to competition law, such as the Affordable Housing and Groceries Act (former Bill C-56), which received royal assent on December 15, 2023, and Private Member’s Bill C-352, An Act to amend the Competition Act and the Competition Tribunal Act, which was introduced in the House of Commons on September 18, 2023.
• Canadian Heritage’s efforts to ensure that Canadian legislation evolves in accordance with industry trends and changes, including with the modernization of the Broadcasting Act, the fair remuneration of news publishers, and the development of a new regulatory framework for digital platforms.
• Health Canada with respect to the legislative review of the Cannabis Act, including on the Final Report of the Expert Panel, which was published online on March 22, 2024.
• Canadian Heritage with respect to An Act for the Substantive Equality of Canada’s Official Languages (former Bill C-13), which concerns the modernization of official languages to reflect a changing society. Former Bill C-13 received royal assent on June 20, 2023.
• Several client departments, including Treasury Board of Canada Secretariat, Innovation, Science and Economic Development Canada, and Global Affairs Canada on issues relating to the use and regulation of artificial intelligence domestically and abroad. Justice Canada and Global Affairs Canada participated as co-leads representing Canada in the negotiation of the first international treaty to regulate artificial intelligence. This treaty, once ratified, will regulate artificial intelligence and its impact on human rights, democracy and the rule of law.

Sanctions legislation

Justice Canada provided legal services on matters relating to Canada’s sanctions legislation, including:

• An order respecting the seizure of property under the Special Economic Measures Act to seize an aircraft at Toronto Pearson International Airport owned and operated by two entities listed under the Russia Regulations.
• Amendments to the Special Economic Measures Act, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) through the Budget Implementation Act, 2023, No. 1. These amendments strengthen Canada’s ability to take economic measures against certain persons.

Litigation strategies and positions

Justice Canada continued to strategically manage litigation and litigation management frameworks, taking an integrated, whole-of-government approach consistent with the Canadian Charter of Rights and Freedoms and the Principles guiding the Attorney General of Canada in Charter litigation, as well as the UN Declaration Act, the Principles respecting the Government of Canada’s relationship with Indigenous Peoples, and the Attorney General of Canada’s Directive on Civil Litigation Involving Indigenous Peoples. Justice Canada also developed litigation positions on complex issues in collaboration with client departments, identifying opportunities for early resolution, out-of-court resolution, and other alternatives to litigation.

With regard to collaboration, Justice Canada:

• Co-chaired the Deputy Minister Committee on Litigation Management, which provides a forum for identification and discussion of the policy, financial and legal implications of litigation involving the Government of Canada, thus supporting strategic Government decision-making.
• Contributed to the ongoing Sub-Committee on Litigation Management under the Cabinet Committee on Operations, which considers the policy, financial, legal and societal implications of litigation involving the Government, as well as the Government’s overall litigation strategy.
• Continued to regularly communicate with Government policy-makers, legal professionals and information management and technology communities to exchange information about changes in the Government’s information architecture and the legal considerations thereof.

Other legal services and support

Justice Canada provided legal services and support to:

• The Clerk of the Privy Council and the Privy Council Office, including on matters related to Governor in Council appointments and performance management, as well as other federal departments on questions involving Cabinet confidences.
• Public Services and Procurement Canada in support of the upcoming Supplier Diversity Action Plan, including the development of the Supplier Diversity Small Business Set-Aside Program.
• Health Canada, Employment and Social Development Canada, Public Services and Procurement Canada, and Canada Revenue Agency for the implementation of the new Canadian Dental Care Plan, and the enrollment of eligible Canadian residents. The Canadian Dental Care Plan was launched on December 12, 2023.
• Health Canada for the drafting of Bill C-64, the Pharmacare Act, which is intended to provide national universal coverage for certain prescription drugs, such as contraception and diabetes medications. Bill C-64 was introduced in the House of Commons on February 29, 2024.
• Health Canada regarding the introduction of An Act to amend An Act to amend the Criminal Code (medical assistance in dying) No. 2 (former Bill C-62) to extend the exclusion from eligibility for medical assistance in dying for those whose sole underlying medical condition is a mental illness for an additional three years. Former Bill C-62 received royal assent on February 29, 2024.
• Health Canada for the leave to appeal to the Supreme Court of Canada in Cambie Surgeries Corporation, et al v Attorney General of British Columbia, et al. The Supreme Court of Canada decision to dismiss the application for leave upholds the principles at the heart of British Columbia’s Medicare Protection Act and Canadian Medicare – namely, that medically necessary health services should be uniformly accessible to all, based on medical need, and not on the ability to pay.
• The Office of the Superintendent of Financial Institutions regarding the drafting of its renewed supervisory framework, which was released on February 8, 2024. Justice Canada also provided legal and strategic advice to the Office of the Superintendent of Financial Institutions regarding the implementation of its guidance on Climate Risks Management, as well as its new mandate, which came into force on January 1, 2024. This new mandate ensures that federally regulated financial institutions establish and adhere to adequate policies and procedures to protect themselves against threats to their integrity and security, including foreign interference.
• Treasury Board of Canada Secretariat in its work to advance the Government digital agenda, such as:
  • The implementation of Order in Council PC No 2023-0784, which transferred the control and supervision of the Canadian Digital Service from Treasury Board of Canada Secretariat to Employment and Social Development Canada.
  • The ongoing development of a whole-of-government Cabinet directive with respect to the delivery of federal services and the creation of a trusted digital identity platform.
• Treasury Board of Canada Secretariat program sectors in their ongoing review of submissions seeking authorities related to major information technology projects.
• Treasury Board of Canada Secretariat regarding the review of proposals developed by federal departments and Crown corporations to refocus their spending.
• The Government of Canada in litigation matters to defend eligibility decisions for COVID-19 emergency related benefits.

Results achieved

Indigenous justice, laws and policies

Justice Canada contributed to a renewed relationship with First Nations, Inuit and Métis by consulting and cooperating with Indigenous governments, national and regional representative organizations, and other Indigenous partners and collaborating with other federal government departments, provinces and territories on initiatives such as:

• The implementation of the Truth and Reconciliation Commission’s Calls to Action. Justice Canada conducted policy, program and legislative work in areas that address justice-specific Calls to Action, and subsequently reported on work underway for inclusion in progress updates published online by Crown-Indigenous Relations and Northern Affairs Canada.
• The development, delivery and implementation of the MMIWG National Action Plan to end the systemic causes of violence against Indigenous women, girls and 2SLGBTQI+ people. The second Federal Pathway Annual Progress Report was released in June 2023.

Examples of work undertaken by the Department that contributed to these commitments are as follows:

UN Declaration Act Action Plan

The 181 measures in the UN Declaration Act Action Plan reflect priorities identified by Indigenous partners through a two-phased, broad and inclusive consultation and cooperation process with First Nations, Inuit and Métis across Canada. The voices of Indigenous women, Elders, youth, persons with disabilities, 2SLGBTQI+ people and urban and off-reserve people were an important part of this process.

With regard to implementing the UN Declaration Act Action Plan, as well as the 18 measures for which Justice Canada is responsible, the Department:

• Consulted and cooperated on adding a section 35 non-derogation clause in the Interpretation Act, which led to the introduction of Bill S-13, An Act to amend the Interpretation Act and to make related amendments to other Acts, in the Senate on June 8, 2023. This legislative initiative responds to Shared Priorities Measure 2 of the UN Declaration Act Action Plan.
• Hosted an interdepartmental workshop focused on bringing together officials from across departments and agencies to discuss and coordinate the implementation of the UN Declaration Act and the Action Plan in October 2023. Over 130 officials from 35 federal departments and agencies were in attendance, with an additional 225 officials participating online.
• Collaborated with the Canada School of Public Service to organize a public service event on the implementation of the UN Declaration Act with Indigenous partners on October 17, 2023. Over 1,800 federal officials participated. Indigenous panelists and federal officials spoke about their experiences and perspectives related to the implementation of the UN Declaration Act. This event aligns with Shared Priorities Measure 14 of the Action Plan.
• Coordinated and contributed to the Second annual progress report on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act, which was published online on July 19, 2023. Contributors to the Second annual progress report include 17 Indigenous partners, as well as 36 government departments and agencies. This work aligns with Shared Priorities Measure 20 of the Action Plan.
• Allocated $9 million through the Indigenous Partnership Fund to First Nations, Inuit and Métis national and regional representative organizations, as well as individual First Nations and Tribal Councils, modern-treaty and self-governing partners, and Indigenous women’s and urban and off-reserve organizations, to support their core capacity to contribute meaningfully to the implementation of the UN Declaration Act and the Action Plan.
• Continued to provide strategic leadership at the Deputy Ministers Committee on Indigenous Reconciliation. Included among the agenda items that were discussed over this period were: Advanced Treaty Negotiation Tables in British Columbia; the UN Declaration Act Action Plan; the National Benefits Sharing Framework; the Federal-Provincial-Territorial-Indigenous Framework; Indigenous Women in Leadership; and Emergency Management in Indigenous Communities.
• Provided ongoing advice and support to the Minister of Justice on the ongoing work of the Independent Special Interlocutor for Missing Children and Unmarked Graves and Burial Sites associated with Indian Residential Schools. This aligns with Shared Priorities Measure 107 of the Action Plan.

Indigenous Justice Strategy

Justice Canada continued to lead the development of an Indigenous Justice Strategy (IJS), in consultation and cooperation with First Nations, Inuit and Métis, to address systemic discrimination and the overrepresentation of Indigenous people in the justice system. Given their key role and jurisdiction in relation to the administration of justice in Canada, this work is also being advanced in close collaboration with provinces and territories.

To advance this work, Justice Canada provided $11 million in funding to 38 Indigenous governments, communities and organizations across the country to undertake their own independent engagement activities with their members and citizens, thus reflecting the diversity of Indigenous perspectives. These multi-year agreements ended on March 31, 2024. Partners submitted reports to Justice Canada on the outcomes of their engagement and recommendations for the IJS.

To complement the Indigenous-led engagement, Justice Canada consulted directly with a diverse range of voices, including First Nations, Inuit and Métis representative organizations, Indigenous women, youth, Elders, 2SLGBTQI+ persons, First Nations, Inuit and Métis residing in urban centres, as well as those with lived experience in the justice system, through two waves of engagement, consisting of virtual dialogue sessions and in-person regional gatherings. Departmental officials, with the assistance of an Indigenous consulting firm, designed engagement activities that were trauma-informed and respectful, and included the presence of Elders, as well as mental health supporters. In August 2023, the What We Learned Report on Wave 1 of Justice Canada-led engagement was published online. The What We Learned Reports on Wave 2 of Justice Canada-led engagement, including the People With Lived Experience sessions, were published online in March 2024.

Justice Canada uses the federal, provincial and territorial (FPT) Aboriginal Justice Working Group (AJWG) as the primary forum for provincial-territorial collaboration on the IJS. AJWG members continued to be constructive partners throughout the IJS engagement process, including by helping convene and by participating in the Wave 2 in-person regional gatherings that were held across the country.

In May 2023, the FPT Deputy Ministers Responsible for Justice and Public Safety approved the final version of the Pan-Canadian Strategy to Address the Overrepresentation of Indigenous Peoples in the Criminal Justice System (PCSIO) and its recommendations, which was followed by unanimous endorsement by FPT Ministers Responsible for Justice and Public Safety in October 2023. The PCSIO includes 20 recommendations and the identification of areas for concrete and collaborative actions. The PCSIO will feed into and inform the ongoing development of the IJS and its eventual implementation, which in turn could be used as a vehicle to action PCSIO recommendations.

Administration of justice agreements

With regard to the ongoing work on administration of justice agreements, Justice Canada:

• Increased the number of negotiation tables with Indigenous communities from 16 to 21.
• Continued to work with Indigenous communities, in collaboration with Crown-Indigenous Relations and Northern Affairs Canada, Public Safety Canada, and other federal government departments, on matters related to the revitalization of Indigenous laws and legal systems, administration of justice and enforcement of Indigenous laws, through participation at negotiation tables as part of the recognition of indigenous rights and self-determination process, and in the negotiation of self-government agreements and modern treaties.
• Continued to co-chair the Tripartite Collaborative Technical Table on the Enforcement and Prosecution of First Nations Laws with the Chiefs of Ontario and the Ontario Ministry of the Attorney General. This table has examined obstacles to the enforcement of First Nations laws and has started to identify potential solutions that could support First Nations in regaining increased control over the administration of justice in their communities.
• Participated in discussions with Manitoba Keewatinowi Okimakanak on topics such as the enforcement of laws, community safety and other administration of justice matters.

Internal review of Canada’s youth criminal justice system

Justice Canada began an internal review of Canada’s youth criminal justice system. One of the main objectives of this internal review was to examine ways to address the overrepresentation of Indigenous youth in the criminal justice system. This examination was directly linked to the Truth and Reconciliation Commission’s Call to Action 38 which calls upon FPT governments, as well as Indigenous governments, to commit to eliminating the overrepresentation of Indigenous youth in custody over the next decade. Two FPT working groups (Legislative Amendments Sub-Committee and the Call to Action 38 Sub-Committee) were established to develop recommendations and best practices, identify key challenges in the Youth Criminal Justice Act, and discuss legal and policy issues in relation to the Youth Criminal Justice Act. These recommendations and best practices were also used to support the ongoing development of an IJS and Canada’s Black Justice Strategy. This work will be instrumental in providing a youth and FPT lens to the issue of overrepresentation.

Canada’s Black Justice Strategy

Canada’s Black Justice Strategy aims to address anti-Black racism and systemic discrimination that have led to the overrepresentation of Black people in the criminal justice system, including as victims of crime. In February 2023, the Government of Canada established the external Steering Group to provide advice to the Government on the development of Canada’s Black Justice Strategy. The Steering Group developed a Framework, which was published online in September 2023, to guide engagements and consultations with Black communities on Canada’s Black Justice Strategy.

Between September 2023 and October 2023, engagements and consultations with Black communities took place in nine provinces and territories. Community members unable to participate in person in their respective regions had the opportunity to share their thoughts via an online survey available on the Justice Canada website during this period.

The recommendations in the Steering Group’s report, A Roadmap for Transformative Change: Canada’s Black Justice Strategy were informed by the reports on the engagements and consultations with Black communities, the outcomes of the Steering Group meetings, and the Framework. The implementation of Canada’s Black Justice Strategy will begin in 2024 with the release of the Government Response that is being developed by Justice Canada.

Other criminal justice system reforms

Justice Canada advanced criminal law reform and strengthened the criminal justice system response to offending to make the justice system fairer and more accessible, to ensure public safety, and to protect the vulnerable. For example, Justice Canada:

• Led legal policy work in relation to Bill C-63 on:
  • Amendments to the Canadian Human Rights Act that propose to define “hate speech” and to empower individuals and groups to file complaints against users who post hate speech online. The definition is based on previous Supreme Court of Canada rulings.
  • Amendments to the Criminal Code that propose to define “hatred”, create a new hate crime offence, increase maximum penalties for existing hate propaganda offences, and create a peace bond to help prevent hate propaganda offences and the new hate crime from being committed.
  • Amendments to An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service that propose to improve law enforcement’s ability to respond to crimes involving this material, in order to keep children safe.
• Monitored the impacts of reforms enacted by An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (former Bill C-5), including through dialogue with provinces and territories via the Coordinating Committee of Senior Officials and the Heads of Court Administration. Former Bill C-5 repeals all the mandatory minimum penalties in the Controlled Drugs and Substances Act, as well as those for certain offences under the Criminal Code, provides the courts with greater judicial discretion to impose sentences and allows for greater use of early diversion programs, and further provides that past and future convictions for simple possession are to be kept separate and apart from other criminal convictions after a certain period of time.
• Published an update to the State of the Criminal Justice System Dashboard on May 25, 2023. This included the addition of a new outcome monitoring the overrepresentation of Black people in the criminal justice system and a new population-based theme on youth, reflecting their experiences with the police, courts and correctional systems.
• Continued to support Canada’s criminal justice priorities in international fora, including at the April 2023 Canada-US Cross Border Crime Forum, the July 2023 G7 Justice Ministers’ meeting and the March 2024 Commonwealth Law Ministers’ Meeting.
• Continued to support the Minister of Justice in establishing an independent Miscarriage of Justice Review Commission through Bill C-40, Miscarriage of Justice Review Commission Act (David and Joyce Milgaard’s Law).
• Continued to work closely with the provinces and territories to address implementation issues and other challenges that relate to court operations and criminal justice system delays. For instance, Justice Canada is developing a stakeholder survey that will help evaluate the effectiveness of the amendments adopted in 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) (former Bill S-4).
• Supported government consideration of Bill C-332, An Act to amend the Criminal Code (coercive control of intimate partner), that led to the adoption of the Government’s amendments by the Standing Committee on Justice and Human Rights on March 22, 2024. Those amendments reflect Justice Canada’s ongoing work with provinces and territories and its engagement process with stakeholders that were held in close collaboration with provincial and territorial colleagues.
• Responded to safety concerns at the bail stage by introducing and passing An Act to Amend the Criminal Code (bail reform) (former Bill C-48) to make targeted changes to the bail regime, as outlined in the Criminal Code, to address serious repeat violent offending with firearms, knives, bear spray and other weapons. The amendments also address the enhanced risks posed by intimate partner violence. Former Bill C-48 received royal assent on December 5, 2023.

Other justice system initiatives

Justice Canada contributed to various justice system initiatives. For example, the Department:

• Published data and subsequent findings for the 2023 National Justice Survey, which collected information on public awareness of restorative justice processes, the Youth Criminal Justice Act, Indigenous justice systems and processes, and confidence in the criminal justice system and the civil justice system.
• Continued to conduct and commission research to examine the impact of social programs, policies and legislation on criminal justice system involvement for different population groups through the Justice Data Modernization Initiative. In September 2023, agreements for research with academics were reached as part of a collaboration with the Canadian Research Data Centre Network.
• Continued to support the Action Committee on Modernizing Court Operations and the Indigenous Advisory Group, the latter of which supports reconciliation by ensuring that the work of the Action Committee takes Indigenous perspectives into account.
• Continued the policy development work on the modernization of the Privacy Act, which is informed by the input received by Indigenous partners, amongst others. In October 2023, Justice Canada published its Report on 2022 Engagement with Indigenous Partners online, which summarized responses received from Indigenous partners to the questions posed in the previous report.
• Provided support on the parliamentary process for An Act to amend the Judges Act (former Bill C-9) to reform Canada’s federal judicial conduct process and ensure it is fair, effective and efficient. Former Bill C-9 received royal assent on June 22, 2023.
• Contributed to the analysis of and response to the Special Joint Committee on Medical Assistance in Dying’s report, which was published online on January 29, 2024. This report concluded that the medical system in Canada is not ready for the safe provision of medical assistance in dying where the sole underlying medical condition is a mental illness.
• Provided support on the legislative amendments to and implementation of Part I of the Family Orders and Agreements Enforcement Assistance Act and phase 1 of the new Regulations for the Release of Information for Family Orders and Agreements Enforcement Assistance Act that came into force on November 15, 2023. These amendments allow the federal government to release financial information to court officials when parties do not comply with their income disclosure obligations under the FPT family laws. This benefits both the family justice system and parents going through a family breakdown by reducing the time spent in court and the associated financial costs, as well as contributing to reducing poverty for children and parents going through separation and divorce.
• Launched a Child Rights Impact Assessment tool and accompanying online course to help federal officials consider the impact of proposed laws, programs, policies, or other initiatives on children’s rights.
• Supported the deposit of Canada’s instrument of accession to The Hague Conference on Private International Law (HCCH) Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (1961 Apostille Convention), which makes the use of Canadian public documents abroad less burdensome and more affordable. The 1961 Apostille Convention entered into force for Canada on January 11, 2024.
• Supported the deposit of Canada’s instrument of ratification to the HCCH Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (2007 Child Support Convention). The 2007 Child Support Convention entered into force for Canada on February 1, 2024, when it started to apply in Manitoba and Ontario. The Convention also applies to British Columbia as of March 1, 2024.
• Supported, in collaboration with Canadian Heritage, Canada’s fourth Universal Periodic Review of its human rights record before the United Nations Human Rights Council, which included supporting the Minister of Justice in the role of Head of Delegation for Canada’s appearance before the United Nations on November 10, 2023. The delegation appeared before the United Nations to highlight human rights initiatives since Canada’s last appearance in 2018. Canada’s report responding to the recommendations received by member States during the Universal Periodic Review appearance was subsequently provided to the United Nations in March 2024.

Results achieved

Specialized programs and services

Justice Canada supported alternative ways of responding to the causes and consequences of offending through ongoing policy work and funding to provinces, territories and non-governmental organizations for the delivery of relevant services and programs. Along with the Youth Justice Services Funding Program, Intensive Rehabilitative Custody and Supervision Program, and Youth Justice Fund, such funding mechanisms include the following:

• The Drug Treatment Court Funding Program, which continued to provide funding to provinces and territories for alternatives to incarceration for eligible offenders with substance use disorders. New funding agreements were signed with all participating provinces and territories in March 2024.
• The Indigenous Justice Program, which continued to work with provincial and territorial partners to implement funding to support Gladue aftercare programming. This funding supported 41 community-based justice programs in assisting individuals who have had a Gladue report in meeting the conditions of their sentence and implementing other recommendations from their report.

Results achieved

Official languages

Through the Access to Justice in Both Official Languages Support Fund, approximately $13.5 million in funding was provided to 80 projects in the 2023–24 fiscal year as part of the Government of Canada’s Action Plan for Official Languages 2023 – 2028: Protection-Promotion-Collaboration. These projects supported Canada’s Official Language Minority Communities (OLMC) and the bilingual capacity of the justice system. Through this Fund:

• 36 projects received funding to increase the supply of legal information and socio-legal support services for OLMCs.
• 14 community organizations received funding to continue providing services that facilitate access to legal services in the official language of choice within OLMCs.
• 30 projects received funding to strengthen the bilingual capacity of the justice system through language training, professional development and the promotion of both official languages in the language of law, which fosters growth in the areas of jurilinguistics and legal terminology. This includes 13 projects dedicated to the language training for justice professionals, three projects to support the translation of judgments, three projects to support training in family justice in both official languages, and four projects to support jurilinguistic centers.

Justice Canada continued to support the implementation of the new language rights provision in the Divorce Act, which is intended to ensure that Canadians in every part of the country can obtain a divorce in the official language of their choice. To this end, seven provinces received funding through the Canadian Family Justice Fund and the Access to Justice in Both Official Languages Support Fund. Amongst other purposes, these contribution agreements were used to acquire technological equipment for simultaneous interpretation.

Through the Contraventions Act Fund, the Department continued to provide funding to provinces and municipalities that administer the Contraventions Act regime on behalf of the federal government. It ensures that Canadians who have received a federal contraventions ticket have access to communications in the official language of their choice in designated areas and receive judicial services in the official language of their choice at any courthouse. The Department provided funding to six provinces and one municipality where there are no provincial obligations to fulfill offenders’ official language rights.

Victims and Survivors of Crime

Justice Canada led the Federal Victims Strategy (FVS) and continued to advance FPT collaboration and coordination, criminal law reform, policy initiatives and program funding to increase access to services and improve the experience of victims and survivors of crime in the criminal justice system. To do so, Justice Canada worked with a wide range of partners to support the implementation of action plans and strategies that had a victim or survivor of crime pillar, such as the Government of Canada’s response to the Final Report of the Mass Casualty Commission, Turning the Tide Together, led by Public Safety Canada. The response outlines the work that has been done to address the recommendations in the Final Report where the federal government can act or lead.

Justice Canada also provided ongoing policy and funding support for the implementation of the Federal Gender-Based Violence Strategy, which is the Government of Canada’s contribution to the National Action Plan to End Gender-Based Violence as well as the implementation of the victim-focused recommendations for action outlined in the Federal Pathway, the MMIWG National Action Plan, and Call to Action 40 of the Truth and Reconciliation Commission.

Through Budget 2023, the Government of Canada announced funding of $95.8 million over five years and $20.4 million annually ongoing, to be administered by the Department, to increase and expand support for families of missing and murdered Indigenous women and girls, men and boys and 2SLGBTQI+ people, as well as new funding to support Indigenous victims and survivors of crime through the FVS. Through this expanded funding, Justice Canada:

• Supported the continued operation of Family Information Liaison Units (FILUs) to support Indigenous families in accessing information about their missing or murdered loved ones, and worked with provincial, territorial and community partners to strengthen operations across Canada through funding agreements and by creating opportunities for inter-jurisdictional policy collaboration and information sharing across FILU teams. The new and expanded annual funding for FILUs increases support for families of missing men and boys; increases awareness among family members and justice agencies about the services FILUs provide; and creates new partnerships with government and community agencies in support of First Nations, Inuit and Métis families.
• Enhanced the Community Support and Healing for Families initiative, increasing access to community-based, Indigenous-led support to assist families of missing or murdered Indigenous people with the grief and trauma of their loss. These enhancements also expand where needed, community-based supports and healing services for families of all missing and murdered Indigenous people, including men and boys; increases the availability of community-based supports and healing services for families; and ensures that families of missing and murdered Indigenous people have access to Indigenous-led, community-based supports to assist them with their grief and in their healing journey for as long as needed.
• Increased access to a wide range of Indigenous-led and co-developed, culturally grounded services and supports at the community level for Indigenous victims and survivors of crime.

Through the FVS, Justice Canada worked with other federal partners and provincial and territorial governments in 2023–24 to further strengthen the implementation of the Canadian Victims Bill of Rights. For example, Justice Canada:

• Strengthened victims’ rights to protection and information by leading criminal law reform. These reform measures include legislation such as An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act (former Bill S-12), which received royal assent on October 26, 2023. The Act includes amendments to the publication ban regime to better respond to concerns of victims, as well as new procedures with respect to victims’ right to information about their case after sentencing.
• Strengthened victims’ rights through the multi-year federal funding agreements in place between the Victims Fund and provincial and territorial governments. Funded projects focussed on a wide range of areas, including restitution program development, victim impact statements and testimonial aids.

Justice Canada also undertook and supported research and data collection to increase knowledge and awareness about victims’ rights, such as by:

• Establishing a sub-committee of the FPT Working Group on Victims of Crime to explore ways to collect national victims’ data.
• Publishing the 16^th issue of the Victims of Crime Research Digest.
• Examining restitution compliance in Saskatchewan.
• Examining the implementation of projects funded by the Department to deliver independent legal advice and/or independent legal representation.
• Exploring the use of virtual testimony rooms for child victims in Child Advocacy Centres across the country.
• Publishing the 2022–2023 Child Advocacy Centre/Child and Youth Advocacy Centre National Operational Survey.

To increase awareness of victim issues, legislation and services and build capacity for the delivery of appropriate, responsive services for victims and survivors of crime, Justice Canada:

• Led the 18^th National Victims and Survivors of Crime Week. The annual event was held virtually in May 2023 with Justice Canada providing national leadership by organizing a week-long federal virtual symposium with nine workshops on a range of victim issues, and by providing more than $1.4 million in funding for 187 community-led events across the country.
• Hosted six webinars on a range of emerging and ongoing victim issues such as human trafficking, hate crime, conversion therapy and culturally responsive services for Indigenous victims and survivors of crime.
• Undertook victim-focussed research in the areas of hate crime, restorative justice, and senior abuse, and worked with partners to develop victim-focussed resources and tools to enhance the capacity of criminal justice professionals to work with victims and survivors of crime in a trauma-informed manner. This work involved developing tools focused on two key areas: the experiences of victims of human trafficking and the experiences of victims of hate crime.

To better support victims and survivors of sexual assault and/or intimate partner violence, the Department undertook the following measures:

• Funding agreements to provide independent legal advice and independent legal representation for victims of sexual assault and/or intimate partner violence have been signed with provincial and territorial governments, legal clinics, or public legal education and information (PLEI) organizations in each of the 13 jurisdictions.
• The Justice Partnership and Innovation Program (JPIP) continued to support 18 projects that improved support and access to justice for victims of intimate partner violence who are involved in the family justice system.

Legal Representation

Legal aid supports access to justice and is integral to creating fairness in the administration of justice and protecting public confidence in the justice system. Justice Canada provided funding in support of the provision of:

• Criminal legal aid to people who cannot retain counsel at their own expense. Increased funding to the Criminal Legal Aid Program was provided in 2023–24 to address the over-representation of marginalized groups before the criminal courts, in particular Indigenous peoples, members of Black and other racialized communities, and individuals with mental health and/or substance use issues.
• Immigration and refugee legal aid, which supports fair, effective and efficient decision-making on asylum and certain immigration claims. Contribution agreements were put in place to support the delivery of immigration and refugee legal aid services in eight provinces (British Columbia, Alberta, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, and Newfoundland and Labrador). Increased funding was provided to address pressures and ensure continued access to immigration and refugee legal aid services for asylum seekers and individuals involved in certain immigration proceedings.
• Legal advice and information for those who experienced workplace sexual harassment and development of a pan-Canadian outreach program to inform workers, particularly those who are most vulnerable, of their rights and legal options. The associated five-year funding initiative concluded on March 31, 2024. In Budget 2024, the Government of Canada proposed renewed investments to continue funding legal advisory and education services for victims of workplace sexual harassment.

Office of the Federal Ombudsperson for Victims of Crime

The Office of the Federal Ombudsperson for Victims of Crime (OFOVC), which operates at arm’s length from Justice Canada, provided direct information, referrals to victim-serving agencies across Canada, and complaint-review services to victims and survivors of crime. The Office opened 1,035 such cases in the 2023–24 fiscal year, which represents a 59.7% increase from the previous fiscal year.

In addition to its direct work with victims, the OFOVC works to raise awareness of systemic issues among policymakers and criminal justice personnel and provides recommendations and advice to the Government of Canada through the Minister of Justice. The OFOVC worked to ensure that victims’ needs and concerns are reflected in policies. This work included:

• Four parliamentary appearances by the Ombudsperson:
  • The House of Commons Standing Committee on Justice and Human Rights (JUST Committee) on the study of Bill C-332, An Act to Amend the Criminal Code (controlling or coercive conduct).
  • The JUST Committee on Bill S-12, An Act to amend the Criminal Code, the Sex Offender Registration Act and the International Transfer of Offenders Act.
  • The Standing Senate Committee on Legal and Constitutional Affairs for Bill S-12.
  • The Standing Committee on Public Safety and National Security on the Rights of Victims of Crime, Reclassification and Transfer of Federal Offenders.
• Three submissions and briefs to the federal government for the study of Bill C-48, An Act to Amend the Criminal Code (Bail Reform), the Sub-Committee on Open Court Principles, and the Standing Committee on Public Safety and National Security on the Rights of Victims of Crime, Reclassification and Transfer of Federal Offenders. The OFOVC also published Worthy of Information and Respect: Improving Support for Victims of Crime, a response to the JUST Committee’s seventh report. A call to action in support of Bill S-251, An Act to repeal section 43 of the Criminal Code (Truth and Reconciliation Commission of Canada’s call to action number 6) was also published online on April 23, 2023.
• The OFOVC’s work on Bill S-12 resulted in a change to the Victim Impact Statement template in the Criminal Code, which will increase access of victims of crime to their rights under the Canadian Victims Bill of Rights. Since October 2023, victims can indicate on their Victim Impact Statement that they wish to receive information to which they are entitled post-sentence. In addition, judges are required to ensure that victims have been asked if they would like to receive ongoing information about the administration of the offender’s sentence. Courts are also required, with the consent of the victim, to share their contact information with the Correctional Service of Canada to facilitate this contact.

On March 11, 2024, the OFOVC announced the launch of a systemic investigation into the experiences of survivors of sexual assault within the Canadian criminal justice system. The investigation will cover survivors’ interactions with law enforcement and the justice system from the point of initial contact to post-sentencing and will involve extensive outreach and consultation with survivors and other experts, stakeholders, government departments and professionals within the justice system.

Other programs and services

Justice Canada continued to support activities that respond to changing conditions affecting Canadian justice policy through various funding mechanisms, such as:

• Funding for the preparation of Impact of Race and Culture Assessments (IRCAs), provided to six jurisdictions with 105 IRCAs funded. IRCA reports help sentencing judges to better understand the effect of poverty, marginalization, racism, and social exclusion on the offender and their life experience. In addition, the funding supported awareness training and continuing professional development education for justice system professionals, as well as training for IRCA writers.
• The Canadian Family Justice Fund, through which the Department supported access to appropriate services for families experiencing separation and divorce. This funding supported the delivery of family justice programs and services for families undergoing separation and divorce, as well as projects in Manitoba, Ontario, Quebec, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador that supported supervision services for parenting time in cases of separation and divorce.
• The Indigenous Courtwork Program provided funding for Indigenous courtwork services, which helped support Indigenous people in contact with the justice system to obtain fair, just, equitable and culturally relevant treatment. Justice Canada worked with provincial and territorial partners to implement the funding announced in 2020 to support the writing of Gladue reports, as well as the final year of family court funding announced in Budget 2021.

Additionally, through JPIP, the Department supported:

• Two new projects that provide culturally appropriate legal information, resources and legal advice services for Indigenous communities in Ontario and the Northwest Territories. In total, JPIP supported 30 projects across Canada that provided PLEI as well as free legal advice services, with the objective to increase access to justice for racialized and Indigenous communities. To date, projects have developed over 70 PLEI products in more than 10 different languages to support racialized communities navigating legal matters.
• 21 Indigenous law projects, in response to the Truth and Reconciliation Commission’s Call to Action 50, that supported the development, use and understanding of Indigenous laws and access to justice in accordance with the unique cultures of Indigenous peoples in Canada. The projects were led by or in partnership with Indigenous organizations and were focused on building capacity to support the revitalization of Indigenous laws and legal traditions.
• Community Justice Centre (CJC) pilots, which are now being implemented in Ontario, Manitoba and British Columbia. Two new CJC pilots in Manitoba (Manitoba Keewatinowi Okimakanak and Manitoba Métis Federation) were approved for funding in June 2023 and March 2024 respectively. A funding agreement was also signed with Quebec to support community engagement regarding CJCs.