Response to parliamentary committees and external audits

Response to parliamentary committees

Reforming Canada’s Extradition System

On June 7, 2023, the Standing Committee on Justice and Human Rights presented its thirteenth report entitled Reforming Canada’s Extradition System. The Report included 20 recommendations related to the extradition process including: calls for collaboration within the federal government; the need to review Canada’s treaties; a call for legislative and non-legislative measures; and the need for awareness building and federal government training. A government response was tabled on October 5, 2023.

The Government response welcomed the Committee’s recommendations and highlighted that the Government was already moving forward with new or existing processes that responded to many of them. In response to Recommendation 7, the Department of Justice Canada (Justice Canada) continues to closely collaborate with responsible departments on these issues. In response to Recommendation 4, the Department continues to deliver Gender-based Analysis Plus training for Departmental officials. Moreover, with respect to Recommendation 18, in addition to providing statistics on extradition with the United States, Canada is now providing statistics on the Justice Canada website with respect to extradition requests to and from countries other than the United States without identifying the specific countries, to maintain confidentiality. As well, the International Assistance Group continues to work on a Deskbook, outlining extradition and mutual legal assistance procedures. The Deskbook will be made available to the public to further enhance the Canadian public’s understanding of extradition law and process.

The Government is committed to a Canadian extradition system that is fair, effective, and efficient and as noted in the Government response, the Government intends to continue to carefully review the report and its recommendations and consider more generally how to improve Canada’s extradition system.

Self-induced Extreme Intoxication and Section 33.1 of the Criminal Code

On 23 June, 2022, the Standing Senate Committee on Legal and Constitutional Affairs presented its report, Self-induced Extreme Intoxication and Section 33.1 of the Criminal Code. The Committee’s recommendations are intended to prompt further action by the Government of Canada and Parliament to ensure that various concerns and challenges tied to balancing the rights of the accused with the need to ensure that women are safe and have access to justice, are effectively and meaningfully addressed. A government response was tabled on August 24, 2023.

In response to Recommendation 4, Justice Canada has continued to share information, including across its social media channels, to inform the public on new legislation and recent statistics pertaining to victims of crime.

In response to Recommendation 6, Justice Canada will provide support to the parliamentary review of Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication), which received royal assent on June 23, 2022, three years after the coming into force of the legislation, including by providing any national data (through Statistics Canada) that might be available, should the review be carried out in 2025.

The Defence of Extreme Intoxication Akin to Automatism: A Study of the Legislative Response to the Supreme Court of Canada Decision R v. Brown

On December 13, 2022, the Standing Committee on Justice and Human Rights presented its report entitled The Defence of Extreme Intoxication Akin to Automatism: A Study of the Legislative Response to the Supreme Court of Canada Decision R. v. Brown. The Committee’s recommendations are aimed at promoting understanding of section 33.1 of the Criminal Code and related jurisprudence, countering misinformation, and ensuring the section fulfills Parliament’s objective in a manner consistent with the Canadian Charter of Rights and Freedoms. A government response was tabled on April 17, 2023.

In response to Recommendation 1, Justice Canada has continued public education on extreme intoxication through numerous publications online and on social media, and has monitored the impact of legislative reforms.

In response to Recommendation 4, Justice Canada will provide support to the parliamentary review of Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication), which received royal assent on June 23, 2022, three years after the coming into force of the legislation, including by providing any national data (through Statistics Canada) that might be available, should the review be carried out in 2025.

Improving Support for Victims of Crime

On December 4, 2022, the Standing Committee on Justice and Human Rights released its report entitled Improving Support for Victims of Crime. The Committee’s recommendations were aimed at reviewing the Canadian Victims Bill of Rights (CVBR) and increasing support and assistance for victims within the criminal justice system. A government response was tabled on April 17, 2023.

In relation to recommendation 11, the Government introduced, and Parliament enacted former Bill S-12, An Act to amend the Criminal Code, the Sex Offender Information Registration Act and the International Transfer of Offenders Act, which received royal assent on October 26, 2023, requiring more direct conversations with victims about whether a publication ban should be imposed. The amendments also aim to simplify and streamline the process for amending and revoking publication bans; make clear that a person protected by a publication ban can share information about themselves in certain circumstances, including in private conversations and support groups; and, clarify when a prosecution for a breach of a publication ban shall not occur. These amendments respond to the concerns of victims who have asked for their views to be taken into consideration when seeking publication bans, while at the same time ensuring that publication bans continue to be available to those who want them.

The Committee’s recommendations were broad in scope and require a wide range of partnerships and commitments from all levels of government given the shared jurisdiction for meeting the needs of victims of crime. Justice Canada continues to review and consider options for moving forward to continue making progress in implementing victims’ rights and responding to the Committee’s recommendations.

Response to audits conducted by the Office of the Auditor General of Canada (including audits conducted by the Commissioner of the Environment and Sustainable Development)

Inclusion in the Workplace for Racialized Employees

The audit was conducted to determine whether selected organizations took action to correct the conditions of disadvantage in employment experienced by racialized employees and have demonstrated progress towards creating an inclusive organizational culture. The audit focused on actions and progress made between January 2018 and December 2022 by six organizations, including Justice Canada.

The audit report was tabled in Parliament on October 19, 2023. Results of the audit indicated that although organizations did take action to correct conditions of disadvantage experienced by racialized employees, more work was needed in select areas to further guide these efforts. Organizations did not know whether an inclusive organizational culture had been achieved during the timeframe of the audit or if progress had been made towards that goal, due mainly to a lack of measurement of progress against equity and inclusion objectives. Results also demonstrated that organizations did not sufficiently use data to explore why and how racialized employees were disadvantaged, and that processes to handle complaints were not specifically designed to address complaints related to racism. The report also found that accountability for equity, diversity and inclusion goals did not extend to all executives and managers.

The report included seven recommendations, five of which applied to Justice Canada. Recommendations included suggestions to improve performance information, data collection and analysis to measure and report on equity and inclusion outcomes. In addition, there were recommendations to enhance the management and collection and analysis of data regarding the complaint’s resolution process.

Justice Canada agreed with all five recommendations and is taking corrective actions to address the report’s findings. For example, Justice Canada co-created performance measures and indicators with employees affected by racism to capture outcomes for all the initiatives listed in the department’s Anti-Racism and Anti-Discrimination Results Framework 2021–2024 and Employment Equity Plan 2022–2025. Additionally, to support the collection of data, Justice Canada launched a new Self-Identification and Voluntary Self-Declaration Questionnaire in July 2023, with a response rate of 98% as of March 31, 2024.

Justice Canada also launched an Anti-Racism, Equity, Diversity and Inclusion (AEDI) Culture Change Initiative. The AEDI Culture Change Initiative is designed to assess culture change within the Department relative to anti-racism, equity, diversity, inclusion, accessibility and reconciliation. It will take place through an annual series of online surveys and focus groups. Through this initiative, Justice Canada will gather disaggregated data that will inform targeted, evidence-based actions; provide regular updates on status, progress, and next steps; and support productive and Department-specific conversations about anti-racism and anti-discrimination.

The anonymized results of the Culture Change Surveys will be shared annually with all employees in a comprehensive, transparent “Culture Change Report”. These annual reports will show the Department’s current status, progress and next steps, allowing all staff to review and compare its progress from year to year.

Additionally, Justice Canada will review its complaint resolution procedures and data collection and analysis approach. This review is to ensure the procedures and approaches are effective in addressing and preventing instances of racism in the workplace. The department will ensure that human resources professionals assigned to receive, manage, and investigate complaints of racism in the workplace have the necessary competencies and skills. With direction from the Treasury Board of Canada Secretariat, Justice Canada will also implement changes to management approaches and tools, including the leadership competency profile. These changes will help integrate leadership behaviours that cultivate an anti‑racist and inclusive work environment through the performance management process for leaders at all levels.

A more fulsome departmental response to the audit’s recommendations can be found in the full report.

Response to audits conducted by the Public Service Commission of Canada

There were no audits of the department in 2023–24 requiring a response.

Response to audits conducted by the Office of the Commissioner of Official Languages

There were no audits of the department in 2023–24 requiring a response.