2020-21 Departmental Plan

Core Responsibilities: Planned Results and Resources, and Key Risks

This section contains detailed information on the Department’s planned results and resources for each of its core responsibilities. It also contains information on key risks related to achieving these results.

Description

The Minister of Justice and Attorney General of Canada provides legal services to the federal government and its departments and agencies. The Minister is responsible for seeing that the administration of public affairs is in accordance with the law. The Minister is also responsible for examining all government bills and regulations for consistency with the Canadian Charter of Rights and Freedoms (Charter). Additionally, the Attorney General is responsible for advising the heads of federal government departments on all matters of law, for the legislative drafting of all government bills and regulations and for conducting all litigation for federal departments or agencies on subjects within the authority or jurisdiction of Canada.

Planning Highlights

Legal work is increasingly complex and crosscutting and the practice of law is dynamic and continuously evolving. Moreover, demand for legal services continues to evolve, depending on the specific priorities of client departments and the risks they face with respect to implementing these priorities. Accordingly, the Department will continue to focus on collaboration and joint planning with client departments to ensure that it delivers effective and fiscally sustainable legal services.

As a provider of legal and legislative services to the Government of Canada, the Department has adopted a client-centric approach to improve its strategic partnerships. This will be done through an enhanced collaborative approach focused on supporting clients in their search for solutions that benefit Canadians.

The Department will continue to protect the rights of Canadians and ensure the Charter is respected. The guiding principles of Gender-Based Analysis Plus (GBA+) will continue to be applied in all areas of the Department’s work in the provision of legal services to client departments and in advice to Cabinet.

The Department will continue to advance litigation strategy for the Government of Canada that is consistent with the Principles guiding the Attorney General of Canada in Charter Litigation, and The Attorney General of Canada’s Directive on Civil Litigation involving Indigenous Peoples. To respond to the increase in class proceedings brought against the government, the Department will continue to leverage existing class actions expertise and develop emerging national talent while managing class proceedings nationally.

Key Risks

There is a risk that, as legal practices and client priorities evolve, the Department’s ability to provide effective and fiscally sustainable legal services could be impacted in certain areas, including specialized services.

To mitigate this risk, the Department continues to collaborate with client departments, including joint planning to meet government priorities. The Department will work with client departments to prioritize requests and will encourage the use of existing tools to ensure legal services are provided at the right time.

1. Key Result: High Quality Legal Services

In 2020-21, the Department will provide high quality legal advisory, litigation, and legislative services to advance the Government of Canada’s ongoing commitment to working towards reconciliation with Indigenous Peoples through the continued renewal of nation-to-nation, Inuit-Crown, and government-to-government relationships as well as advance social, international, economic, and governmental affairs.

1.1 Advancing Reconciliation

The Department will provide integrated legal and legal policy advice to federal departments and agencies to advance the Government’s reconciliation agenda on a wide range of priority initiatives, including:

The Department will provide legal and policy advice, and support to Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada on a wide range of economic development issues and initiatives regarding Indigenous peoples, including:

1.2 Social Affairs

In the area of social affairs, the Department will provide legal services to support:

1.3 International Affairs

In the area of international affairs, the Department will provide legal services to support:

1.4 Economic Affairs

In the area of economic affairs, the Department will provide legal services to support:

1.5 Government Affairs

The Department will provide high quality legal services to support the effective work of the Government of Canada with a focus on:

Planned Results for Legal Services
Departmental Result Departmental Result Indicator Target Date to achieve target 2016-17 Actual results 2016-17 Actual results 2017-18 Actual results
Departments and agencies receive high quality legal services. Client satisfaction mean rating of 8.0 (or greater) on a 10-point scale on the overall quality of legal services. 8 or greater March 2020

Advisory: 8.5

Litigation: 8.3table note i

Legislative: N/A

Regulatory: N/Atable note ii

Advisory: 8.8

Litigation: 8.5

Legislative: 8.6

Regulatory: 7.9table note i

Advisory: 8.6

Litigation: 8.4

Legislative: 8.6

Regulatory: 8.0table note i

Client satisfaction mean rating of 8.0 (or greater) on a 10-point scale on the performance of legal services against the Service Standards for the provision of Legal Services in Government. 8 or greater March 2020

Responsiveness/
Accessibility: 8.7

Usefulness: 8.4

Timeliness: 8.2table note i

 

Responsiveness/
Accessibility: 8.9

Usefulness: 8.6

Timeliness: 8.5table note i

Responsiveness/
Accessibility: 8.8

Usefulness: 8.5

Timeliness: 8.3table note i

Percentage of litigation files resolved in a fiscal year that have a successful outcome (settled or adjudicated) from the Crown’s perspective. 75% or greater March 2021 80% 79% 80%
Planned Budgetary Financial Resources for Legal Services
2020–21 Budgetary Spending (as indicated in Main Estimates) 2020-21 Planned Spending 2021-22 Planned Spending 2022-23 Planned Spending
210,473,297 210,473,297 213,543,076 214,065,266

N.B.: Financial Resources for Planned Spending are based on Main Estimates and are net of respendable revenues.

Financial, human resources and performance information for the Department of Justice Canada's program inventory is available in the GC InfoBase.

Planned Human Resources for Legal Services
2020-21 Planned Full-Time Equivalents 2021-22 Planned Full-Time Equivalents 2022-23 Planned Full-Time Equivalents
3,275 3,276 3,278

Financial, human resources and performance information for the Department of Justice Canada's program inventory is available in the GC InfoBase.

Justice System Support

Description

The Department plays an essential role in ensuring a fair, relevant and accessible justice system. This responsibility is shared among a broad range of players, including Parliament; the judiciary; federal departments and agencies; partners in provincial, territorial and municipal governments; a broad range of non-governmental organizations and stakeholders; and, ultimately, all Canadians.

Planning Highlights

The Department develops and coordinates all federal justice legislative reforms, policy options and initiatives, and tests innovative approaches to strengthening the legal framework within various domains: criminal justice (including sentencing, criminal procedure, youth criminal justice and justice for victims of crime); family and children’s law (including marriage and divorce); access to justice; bijuralism; human rights; privacy; access to information; official languages; and Indigenous justice.

The Department provides justice system support to realize three key results:

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

As the Department works to achieve these results, it must remain ready to respond to the accelerated pace at which new policy issues emerge or unfold. Adding to this complexity, the broad scope of justice issues and the multi-tiered nature of Canada’s justice system require the involvement and collaboration of many partners and stakeholders.

Key Risks

There are risks that the Department may not be able to maintain appropriate capacity to respond to future policy priorities in a timely manner and that relationships with essential justice system partners and stakeholders could weaken if they are not actively maintained. To mitigate these risks, the Department will continue to monitor emerging trends to inform its forward planning and maintain policy and program responsiveness.

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

The Department remains committed to engaging with provincial and territorial governments, Indigenous organizations and communities, other countries, and domestic and international organizations, as well as an increasingly diverse community of stakeholders. It will focus efforts on the identification of emerging issues, the development of various options (including policy, legislative and operational responses), and the implementation of reforms to improve the criminal, family and youth justice systems and promote public confidence.

More specifically, the Department will build upon its review of the criminal justice system and sentencing reforms to ensure that Canadians are kept safe, while also continuing to address the overrepresentation of vulnerable groups in the system, including Indigenous people and those with mental illness and substance use disorders. This work will improve data and metrics for the Department’s new online State of the Criminal Justice System Report (SOCJS) and Dashboard, which will provide Canadians with easily accessible information on the performance of the criminal justice system. The SOCJS report and Dashboard will:

The Department will also work in collaboration with provincial and territorial partners towards the full implementation of An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts (former Bill C-75), which is aimed at reducing delays and the overrepresentation of Indigenous and vulnerable populations in the criminal justice system. These reforms include modernizing and streamlining bail, enhancing the response to minor administration-of-justice offences, restricting the availability of preliminary inquiries, reclassifying offences, strengthening case-management tools, facilitating remote appearances, improving the jury selection process, enhancing responses to intimate-partner violence, and, reinstating the victim surcharge.

In the field of family law, the Department will continue its work towards the full implementation of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act (former Bill C-78), which makes federal family laws more responsive to Canadian families’ needs. This work includes amending seven existing regulations and creating two new regulations to reflect the changes included in the bill; updating existing public legal education and information materials to explain the changes to Canadian families, and developing training modules and presentations for legal professionals.

With the support from Crown-Indigenous and Northern Affairs Canada, the Department will lead the co-development of legislation with Indigenous Peoples to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The Department will continue to work with other Federal-Provincial-Territorial government partners, National Indigenous Organizations and other stakeholders to respond to and implement the Calls to Action of the Truth and Reconciliation Commission, and the Calls for Justice of the Inquiry into Missing and Murdered Indigenous Women and Girls that relate to the mandate of the Department.

As a first step towards fulfilling our commitment to adopt the recommendations of the McLellan Report, we will work to identify opportunities where the Department can support Canadians and parliamentarians in better understanding the unique dual role of the Minister of Justice and the Attorney of General Canada.

Lastly, in an effort to support greater transparency, accountability and diversity in Superior Court appointments, the Department will consider further measures to refine and strengthen the superior court appointments process. The Department will also develop proposals for the reform of Canada’s system of judicial governance and discipline; for mandatory training for judges on sexual assault and on unconscious bias and cultural competency; and for new superior court judges to reduce delays across the court system.

Planned Results for Justice System Support
Departmental Results Departmental Result Indicators Target Date to achieve target 2016–17 Actual results 2017–18 Actual results 2018–19 Actual results
Justice Canada laws and policies abide by the rule of law and promote respect for rights and a fair, accessible and relevant legal framework in Canada. Canada’s international ranking with respect to the rule of law. Top 10% March 2021 10.6%table note i (12/113) 8.0%table note ii (9/113) 7.1%table note iii (9/126)
Percentage of Canadians who think that the criminal justice system is: a) fair, and b) accessible. TBDtable note iv TBD Not available Not available

57% of Canadians have moderate to high confidence the Criminal Justice System is fair

62% of Canadians have moderate to high confidence the criminal justice system is accessible table note v

Number of constitutional challenges in the provincial and territorial courts of appeal and the Supreme Court of Canada. TBDtable note vi TBD Not available Not available

Provincial Territorial Courts of Appeal: 56

Supreme Court of Canada Appeals: 5

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

To support alternative ways of responding to the causes and consequences of offending, the Department will provide funding for the delivery of services and programs through the Youth Justice Services Funding Program, the Youth Justice Fund, the Intensive Rehabilitative Custody and Supervision Program, the Drug Treatment Court Funding Program, and the Indigenous Justice Program.

More specifically, the Department will engage and strengthen partnerships with other federal government departments to further determine policy and program responses relating to diversion programs for at-risk youth. Diversion means holding an accused accountable through means other than a trial. Options for diversion could include community service, mediation, and referrals to specialized programs for counselling and treatment. Diversion programs allow a more meaningful response to young persons alleged to have committed an offence than just going through the courts.

Through the Indigenous Justice Program, the Department will offer financial support to Indigenous community-based justice programs that provide culturally relevant restorative justice approaches to address the overrepresentation of Indigenous people as offenders, victims and accused. These programs are community-led and designed to reflect the cultures, values and specific justice needs of the communities in which they are situated. This contributes to the government’s commitment to renew its relationship with Indigenous peoples based on rights, recognition, respect and cooperation.

Lastly, the Department will assess the existing criminal law sentencing framework, including its fundamental purpose, objectives and guiding principles, in order to identify reforms that ensure public safety and provide for a sentencing regime that is fair and equitable and promotes the rule of law. This review should identify proposals for reform that will contribute to public safety, ensure offender accountability, and promote public confidence in the criminal justice system.

Planned Results for Justice System Support
Departmental Result Departmental Result Indicator Target Date to achieve target 2016–17 Actual results 2017–18 Actual results 2018–19 Actual results
The criminal justice system supports alternative ways of responding to the causes and consequences of offending Number and type of restorative justice programs/processes available Maintain baseline level of 448 or increase March 2021 Not
available
Not
available
448 restorative justice programstable note i
Number of people who have used the available restorative programs/processes.table note ii TBD TBD Not
available
Not
available
Not
available
Number/ percentage of court-imposed community-based sentences as compared to number /percentage of incarceration sentences. 35% custody sentences March 2025 38% 38% Not
availabletable note iii
Percentage of individuals who were referred to an Indigenous justice program and participated in the program 90% or greater March 2022 Not available Not
available
Not
available
Percentage of youth court cases receiving a non-custodial (community-based) sentence as compared to previous reported years 85% or greater March 2021 87%table note iv 87% Not
availabletable note v
Percentage of identified, eligible intensive Rehabilitative Custody and Supervision cases receiving specialized treatment 100% March 2021 100% 100% 100%

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

Through the Legal Aid Program (under Legal Representation), the Department will provide contribution funding to provincial governments for the provision of legal aid services to economically disadvantaged persons.

The Department will also continue to provide funding to programs like the Indigenous Courtwork Program and the Access to Justice Services Agreements with the territories. The Indigenous Courtwork Program ensures that Indigenous people involved in the criminal justice system obtain fair, just, equitable and culturally relevant services. The Access to Justice Services Agreements support the delivery of legal aid (both criminal and civil), Indigenous courtwork services, and public legal education and information in the territories.

The Justice Partnership and Innovation Program will fund activities that respond effectively to the changing conditions that affect Canadian justice policy. This will include supporting activities that promote the revitalization of Indigenous laws and activities related to the implementation of the Truth and Reconciliation Commission of Canada Call’s to Action.

At the federal level, the Department will advance policy and program initiatives through the Federal Victims Strategy that recognize and support the rights of victims of crime, including the implementation of the Canadian Victims Bill of Rights. The Department will continue to fund and support Family Information Liaison Units to ensure that family members of missing or murdered Indigenous women and girls have access to all available information about their loved ones and have access to culturally grounded and trauma-informed services and support. The Department will develop policy and provide enhanced and ongoing funding to address the specific needs of vulnerable victims, notably victims of human trafficking, victims of sexual offences and child victims. This funding will address gaps in services for the identified vulnerable groups in order to further support the Federal Victims Strategy’s goal of giving victims a more effective voice in the criminal justice and federal corrections systems.

The Department will contribute funding for public legal education and information and legal advice for those who have experienced workplace sexual harassment. Projects under this initiative will implement a gender-based analysis plus (GBA+) approach to take into account relevant intersectional factors, such as ethnicity, socioeconomic status, sexuality, age, disability, language, and immigration status to address the experiences of complainants of sexual harassment in the workplace.

Furthermore, the Department will contribute to the development of a National Action Plan on Missing and Murdered Indigenous Women and Girls in response to the recommendations put forward in the Final Report of the National Inquiry. The Department will explore and negotiate innovative administration of justice agreements with Indigenous communities.

Through the Canadian Family Justice Funds the Department will continue supporting families that are experiencing separation and divorce. Examples of these programs and services are information on making parenting arrangements, determining child/spousal support and promoting compliance with family agreements and orders.

Budget 2019 proposed to provide the Department with $21.6 million over five years, starting in 2020-21, to support legislative amendments to improve access to justice in both official languages in the family justice system. This would allow Canadians to file for a divorce in the official language of their choice. The Department will continue to engage with the provinces and territories on the implementation of new linguistic provisions in the Divorce Act in order to promote access to justice in both official languages in court proceedings as well as family justice services, such as information programs for parents and mediation.

Finally, the Department will provide funding to provinces, territories and municipalities through the Contraventions Act Fund to ensure that language rights are respected in relation to the issuing and processing of federal contraventions tickets.

The Office of the Federal Ombudsman for Victims of Crime , which operates at arm’s length from the federal government, will provide direct information, referrals and complaint-review services to its primary clients, including victims, victims’ family members or representatives, victim-serving agencies, and other stakeholders.

Planned Results for Justice System Support
Departmental Result Departmental Result Indicator Target Date to achieve target 2016–17 Actual results 2017–18 Actual results 2018–19 Actual results
Canadians in contact with the justice system have access to appropriate services enabling a fair, timely and accessible justice system Percentage of federal funds accessed by provinces, territories, non-governmental organizations and other stakeholders to deliver targeted services consistent with federal priorities 100% March 2021 98% 98% 98%
Percentage of Indigenous Courtwork Program clients indicating a level of satisfaction of "satisfied" or "very satisfied' with the usefulness of the information provided 80% or greater March 2023 Not availabletable note i 95% Not availabletable note i
Number of times duty counsel provide assistance in criminal matters 1,000,000 or greater March 2021 925,123table note ii 993,971table note iii Not availabletable note iv
Number of full service criminal legal aid applications approved 270,000 or greater March 2021 276,936table note ii 266,263table note iii Not availabletable note iv
Percentage of Office of the Federal Ombudsman for Victims of Crime (OFOVC) client inquiries or complaints that are assessed and acted upon 100% March 2021 Not available New indicator Not available New indicator 100%

United Nations’ 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals (SDGs)

As a signatory to the United Nations 2030 Agenda and its 17 Sustainable Development Goals (SDGs), the Government of Canada is committed to the overarching vision, To Leave No One Behind. Of particular relevance is SDG 16, which calls for peaceful, just and inclusive societies that provide access to justice for all and are based on respect for the rule of law. The Department is responsible for advancing SDG 16.

The Department’s new Access to Justice Secretariat will serve to accelerate the Department’s leadership role to advance SDG 16 and will provide a focal point for the Government’s efforts to promote access to justice for all, domestically and internationally, through partnerships with government and civil society actors at home and abroad. This will include working with partners to promote the inclusion of a civil justice indicator for measuring SDG 16 progress and supporting the roll-out of the Canadian Legal Problems Survey. With the aim of fostering greater collaboration, the Department will champion and advance the theme of access to justice and other SDG 16-related themes more broadly, among key partners and stakeholders, including within the federal, provincial and territorial contexts and through discussion at the ministerial and deputy ministerial level.

The Department will also support the advancement of the overall 2030 Agenda, including SDGs 5 – (Gender Equality), 8 – (Decent Work and Economic Growth), 10 – (Reduced Inequalities) and 17 – (Partnerships for the Goals).

Experimentation

The Department will innovate and test improvements in program design and delivery. Additionally, the Department will explore opportunities to utilize emerging technologies in delivering legal services, such as the possible use of artificial intelligence and tools to manage documentary evidence.

The Department also seeks opportunities to improve delivery of legal services by exploring the adoption of new and innovative technologies. The Department will continue to pilot and adopt new electronic tools to support litigation and evidence management. Such tools are expected to generate new insights into services delivered to clients (e.g. identification, preservation and collection of evidence).

The Department will explore options for social financing, a tool that seeks to mobilize private capital for the public good, in support of the Department’s efforts to transform the criminal justice system. This follows a recognition that problems facing the criminal justice system require a whole-of-society approach involving partnerships with other social systems and the private sector. The aim of this initiative is to achieve improved service delivery and the adoption of evidence-based solutions that serve the public interest.

The Department is also proposing a pilot project for the administration of justice agreements with Indigenous groups that are not part of the Recognition of Indigenous Rights and Self-Determination discussion tables, (i.e. part of stand-alone agreements). These projects would recognize a greater role for Indigenous communities in the administration, enforcement, prosecution and adjudication of laws under the Indian Act, the First Nation Land Management Act, and federal, provincial or territorial laws and regulations. Control over the administration of justice would be a way for some Indigenous groups to develop internal capacity and abilities, which are required for lasting and transformational change.

Planned Budgetary Financial Resources for Justice System Support
2020-21 Budgetary Spending (as indicated in Main Estimates) 2020-21 Planned Spending 2021-22 Planned Spending 2022-23 Planned Spending
478,120,142 478,120,142 477,119,774 459,614,652

N.B.: Financial Resources for Planned Spending are based on Main Estimates.

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

Planned human resources for Justice System Support
2020-21 Planned Full-Time Equivalents 2021-22 Planned Full-Time Equivalents 2022-23 Planned Full-Time Equivalents
293 293 293

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

Internal Services: Planned Results

Description

Internal Services are those groups of related activities and resources that the federal government considers to be services in support of Programs and/or required to meet corporate obligations of an organization. Internal Services refers to the activities and resources of the ten distinct services that support Program delivery in the organization, regardless of the Internal Services delivery model in a department. These services are:

  1. Management and Oversight Services
  2. Communications Services
  3. Legal Services
  4. Human Resources Management Services
  5. Financial Management Services
  6. Information Management Services
  7. Information Technology Service
  8. Real Property Management Services
  9. Materiel Management Services
  10. Acquisition Management Services

Planning Highlights

Initiatives under the Internal Services program will enable business and legal excellence with a focus on the Department’s workforce and modernization efforts.

Supporting Employees

The Department will continue to implement strategies to provide improved support to employees experiencing pay issues and to minimize future issues. This will be achieved through the continued use of dedicated resources to improve internal processes, enhance analytical capacity, monitor performance, and build awareness.

Additionally, efforts in 2020-21 will include a focus on recruitment, employee development, and talent-management strategies to strengthen the Department’s workforce. The Department will build expertise in emerging areas, provide opportunities for continuous learning, and ensure the development and retention of employees with the right skills and competencies to meet its business needs. For instance, the Department is establishing a training and development program for junior counsel.

The Department will continue to foster a psychologically healthy and safe, respectful and inclusive workplace through the implementation of a Psychological Health and Safety Management System and the Safe Workspace Action Plan, including the establishment of an Ombuds office. Additional concrete actions and strategies, including the development of tools and workshops, will also be taken to address mental health, harassment, diversity and employment equity, and accessibility.

Modernization

Committed to enhancing the delivery of its services, the Department will continue to encourage learning through experimentation, promote collaboration, and leverage digital technologies to improve and modernize its operations and systems. The Department, will ensure that employees are equipped with tools that support and adapt to changing operational needs and remain connected through the use of digital platforms. The Department will also continue to explore ways to incorporate the use of new technologies in delivering legal services.

The Department will continue its efforts to develop the National Workplace Accommodations Strategy to establish a vision of workplace modernization that supports the legal professional into the future.

Through the implementation of its Data Strategy, Justice will support the objectives from the Data Strategy Roadmap for the Federal Public Service, while tailoring the strategy to meet the Department’s needs. The strategy will be implemented in phases over five years, with the first year focusing on establishing principles and guidelines to proactively manage data quality, usability, privacy, privilege and access, as well as defining data-related roles and responsibilities for employees. This will result in improved information for evidence-based decision-making and will support government-wide efforts for greater openness and transparency.

The Department will also continue to support the Federal Sustainable Development Strategy (FSDS). Developing mindsets and behaviors that support these goals will continue to be a focus for the Department in building a strong sustainable development culture.

Planned Budgetary Financial Resources for Internal Services
2020-21 Budgetary Spending (as indicated in Main Estimates) 2020-21 2020-21 Planned Spending 2021-22 Planned Spending 2022-23 Planned Spending
80,423,780 80,423,780 79,729,341 80,115,630

N.B.: Financial Resources for Planned Spending are based on Main Estimates and are net of respendable revenues.

Planned Human Resources for Internal Services
2020-21 Planned Full-Time Equivalents 2021-22 Planned Full-Time Equivalents 2022-23 Planned Full-Time Equivalents
1,070 1,070 1,070