2021-22 Departmental Plan – Supplementary Information Tables

The Department of Justice Canada is dedicated to ensuring that its activities are aligned with the Government of Canada’s commitments to Gender-Based Analysis Plus (GBA+) to help foster fair outcomes for groups of women, men and people with diverse gender identities. In 2021-22, to support improved integration of GBA+ considerations into decision-making processes, the Department will continue to align with the key principles outlined in its departmental policy on GBA+, including:

• Requiring officials in all parts of the Department to complete GBA+ training, to apply GBA+ and to ensure that their work considers and reflects the needs of diverse groups of people;
• Encouraging integration of GBA+ considerations in a systematic way, that is evidence-based, and cognizant of evolving social norms;
• Recommending that GBA+ be conducted throughout key stages of initiatives and that GBA+ assessment and impacts on initiatives be clearly documented; and
• Clearly outlining accountabilities and responsibilities for all officials. For example, Assistant Deputy Ministers are responsible for ensuring their officials take GBA+ training and integrate GBA+ in their work.

In 2021-22, the Department will continue advancing its GBA+ capacity, with the GBA+ Unit playing a lead role, supported by a departmental GBA+ Action Team, whose members contribute on an as needed basis to the development of GBA+ activities and tools, and help to raise awareness regarding GBA+ across the Department.

The Senior Assistant Deputy Minister, Policy Sector, responsible for the GBA+ Unit, provides leadership in the promotion, implementation and monitoring of GBA+ in the Department, and advises senior management of their roles and responsibilities. In addition, senior governance bodies will continue to be regularly engaged in strategic discussions to strengthen and build GBA+ capacity across the Department.

Justice Canada’s GBA+ Indicators Project, which measures and reports on the application of GBA+ to Department-led initiatives, has been approved as a permanent initiative by the Deputy Minister of Justice and Deputy Attorney General of Canada. Progress on the application of GBA+ is assessed through two indicators, which measure the timeliness and meaningful influence of GBA+ on initiatives.

The Department will continue to promote the importance of applying a GBA+ lens at an early stage in an initiative’s development to enable meaningful integration of GBA+ considerations into decision-making processes and will continue to encourage the collection and use of disaggregated data to inform an initiatives’ development. In addition, an intersectional approach will continue to be promoted as one methodology that can contribute to identifying and addressing barriers and systemic inequities in the justice system. By considering a range of identity factors, an intersectional approach can help to identify potential impacts of departmental policies, programs and initiatives on diverse groups and help ensure that inequities are not created or that existing inequities are addressed and not exacerbated.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• Yes
• Eliminating gender-based violence and harassment, and promoting security of the person and access to justice
  • Increased accountability and responsiveness of the Canadian criminal justice system

The Department of Justice Canada will continue to support the implementation of many Government of Canada priorities through the delivery of high quality, integrated legal services – specifically, advisory, litigation and legislative services – to the federal government and its departments and agencies. Many of these services contribute to achieving increased access to justice and the improved accountability and responsiveness of the justice system pillars of the Gender Results Framework.

For example, the Department will continue to support the Government’s ongoing commitment to working towards reconciliation with Indigenous peoples. This will include legal advisory and legislative services to Public Safety Canada and related agencies to introduce legislation to address systemic inequities in the criminal justice system, as well as litigation services delivered in accordance with the Directive on Civil Litigation involving Indigenous Peoples. Advisory services provided to Employment and Social Development Canada will continue to support Canadians throughout the COVID-19 pandemic, including in relation to addressing the gaps in our social systems for diverse groups of individuals.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• No

c) If no, please describe what actions are being taken to enable future monitoring or reporting of the program’s impacts by gender and diversity.

The Department provides legal services to federal government departments and agencies and the impacts are measured by the indicators included in the Departmental Results Framework. Legal services do not provide programs that report on impacts based on gender and diversity and therefore do not collect relevant micro-data. For measuring and reporting on medium and long-term impacts related to increased access to justice, the programs rely on relevant data collected by Statistics Canada and other partner organizations.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• Yes
• Eliminating gender-based violence and harassment, and promoting security of the person and access to justice
  • Increased accountability and responsiveness of the Canadian criminal justice system

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

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

For example, the Department will continue to support the Government’s ongoing commitment to promoting and protecting human rights and the advancement of democratic values. The Department will continue to work in close collaboration with Public Safety Canada, Health Canada and the Public Health Agency of Canada, among others, to develop policies that help ensure the protection of the health and safety of all Canadians during the pandemic, while respecting human rights and freedoms. The Department will also lead the policy work on the Privacy Act modernization initiative with the goal of tabling further legislation, to help ensure the Privacy Act reflects Canadians’ modern expectations of privacy, while supporting horizontal and innovative initiatives within the government.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• No

c) If no, please describe what actions are being taken to enable future monitoring or reporting of the program’s impacts by gender and diversity.

The Department’s legal policies are developed to support departmental programs and services. The impacts are measured by the indicators included in the Departmental Results Framework, as well as other program indicators included in individual Performance Information Profiles. The programs collect relevant data related to grants and contributions, including on gender and diversity, and report on impacts. For measuring and reporting on medium and long-term impacts related to increased access to justice, the programs rely on relevant data collected by Statistics Canada and other partner organizations.

Furthermore, the National Justice Survey (NJS), conducted by Justice Canada, is a national public opinion survey used to inform policy development, departmental reporting, communications and public engagement on a variety of justice-related issues. In addition to collecting information on the gender of respondents, the 2021 NJS will include an oversampling of Indigenous respondents and respondents from racial minority groups in order to assess perceptions of the impact of Criminal Code changes on these groups.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• Yes
• Eliminating gender-based violence and harassment, and promoting security of the person and access to justice
  • Increased accountability and responsiveness of the Canadian criminal justice system

This program includes Legal Aid (Criminal, and Immigration and Refugee), State-Funded Counsel, Access to Justice Services Agreements in the Territories, Integrated Market Enforcement Teams Reserve Fund, and the Special Advocates Program.

Men and young adults between the ages of 18 and 34 are more likely to be involved in the criminal justice system. In addition, Indigenous peoples, some racialized minorities, and individuals suffering from mental health and addiction issues are overrepresented in the criminal justice system, with Indigenous women and youth being particularly overrepresented.

Recipients of immigration and refugee legal aid include newcomers from a wide range of ethno-cultural origins. Men and women are equally represented.

Through its Legal Advice for Complainants of Workplace Sexual Harassment component, the program supports organizations that provide legal information and advice to persons who have experienced sexual harassment in the workplace, regardless of their economic status. Workplace sexual harassment disproportionately impacts women, especially those in male-dominated occupations, LGBTQ2+ persons, workers in low-wage, precarious jobs or casual employment, and those providing personal services or reliant on tips. Women, especially racialized women, and youth are overrepresented in these types of employment.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• Yes

c) If yes, please describe (as relevant) any notable initiatives to expand the program’s capacity to report on impacts by gender and diversity in the future.

Currently, all jurisdictions provide information on the gender and adult/youth breakdown among clients. In addition, most of them provide information on Indigenous identity. The Legal Aid Program has been working with provincial and territorial governments and legal aid plans to obtain more specific demographic information. Projects under the workplace sexual harassment component are required to report on vulnerable populations targeted and the extent to which they have been successful in reaching them.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• Yes
• Reduced poverty and improved health outcomes

The Drug Treatment Court Funding Program (DTCFP) is available to all Canadians. However, the DTCFP has a greater beneficial impact for males between the ages of 20 and 49 with a serious dependence on the illicit use of opiates, who form the majority of participants. The general public and community members are expected to benefit indirectly as the program contributes to making communities healthier and safer, as a result of a reduction of crime committed because of drug dependency.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• Yes

c) If yes, please describe (as relevant) any notable initiatives to expand the program’s capacity to report on impacts by gender and diversity in the future.

The DTCFP is working with provincial and territorial partners currently participating in the program to improve the process and quality of data collection.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• No
• N/A

This program includes the Contraventions Act Fund for the implementation of official languages requirements under the Contraventions Act. The Contraventions Act provides an alternative to the summary conviction procedure of the Criminal Code for the prosecution of certain offences under federal statutes and regulations by allowing these offences to be prosecuted using provincial court processes through means of a ticketing scheme. The federal government must comply with all official languages rights requirements that would be applicable in the context of a purely federal prosecution scheme. As such, the federal government established the Contraventions Act Fund to ensure the implementation of the Contraventions Act in a manner consistent with all applicable constitutional and legislative language rights and obligations. The Fund aims to provide provinces and territories with the ability to deliver judicial activities and extra-judicial services in both official languages.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• No

c) If no, please describe what actions are being taken to enable future monitoring or reporting of the program’s impacts by gender and diversity.

As the program is solely meant to ensure the fulfillment of official languages obligations within the context of the implementation of the Contraventions Act regime, there are no actions planned to enable monitoring and reporting of the program‘s impacts by gender and diversity.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• Yes
• Eliminating gender-based violence and harassment, and promoting security of the person and access to justice
  • Increased accountability and responsiveness of the Canadian criminal justice system

This program includes the Victims Fund. A GBA+ analysis of all activities is required as part of the funding application process for all project funding provided under the Victims Fund. Approved projects are required to use an intersectional lens in developing their interventions and activities and are asked to report the outcomes of that analysis as part of their reporting requirements.

The process ensures that there is a proportional representation of vulnerable groups, such as people who identify as women, racialized women, people of various gender identities, members of the LGBTQ2+ community, etc.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• Yes

c) If yes, please describe (as relevant) any notable initiatives to expand the program’s capacity to report on impacts by gender and diversity in the future.

In addition to its robust evaluation framework, the Victims Fund regularly consults the departmental GBA+ Unit on the delivery of its initiatives and plans to review all of its reporting templates in collaboration with the GBA+ Unit in 2021-22 to improve the quality of the data collection process.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• Yes
• Eliminating gender-based violence and harassment, and promoting security of the person and access to justice
  • Increased accountability and responsiveness of the Canadian criminal justice system

The Youth Justice program includes the Youth Justice Services Funding Program (YJSFP), the Intensive Rehabilitative Custody and Supervision (IRCS) Program, and the Youth Justice Fund (YJF).

The Youth Criminal Justice Act’s Declaration of Principle sets out an expectation with respect to how the Government ought to respond to gender/diversity in the context of the application of the Act: “the measures taken against young persons who commit offences should (…) (iv) respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements.”

The general youth justice population between the ages of 12 and 17 is the primary target for this programming. However, the youth justice subpopulations that will benefit the most from the programming are the subpopulations that are most overrepresented in the criminal justice system (i.e. males, Indigenous youth and other racialized youth populations such as Black youth).

Outcomes sought are:

• Increase the capacity of provinces and territories to deliver youth justice programs that address gender, ethnic and cultural differences and respond to the needs of Indigenous young persons and of young persons with special requirements;
• Improve the responsiveness of the youth justice system to better respond to the specific needs of Indigenous youth and other overrepresented youth justice subpopulations and prevent them from re-entering the justice system; and
• Reduce the overrepresentation of males, Indigenous youth, racialized and other subpopulations in the youth justice system and make our communities safer.

Community members and the general public experience indirect positive impacts as a result of these three youth justice programs. These are expected to contribute to making communities healthier and safer by supporting programs and services that focus on increasing safety.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• Yes

c) If yes, please describe (as relevant) any notable initiatives to expand the program’s capacity to report on impacts by gender and diversity in the future.

Programming information is currently being provided by provinces and territories. In addition, Statistics Canada has numerous data sets on the youth population and youth involved in the criminal justice system. The Department is collaborating with Statistics Canada to address important gaps with respect to collecting disaggregated data for visible minority and Indigenous youth.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• Yes
• Eliminating gender-based violence and harassment, and promoting security of the person and access to justice
• Reduced poverty and improved health outcomes

This program includes the Canadian Family Justice Fund (CFJF), of which the overall purpose and objective is to facilitate access to the family justice system for families experiencing separation and divorce.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• Yes

c) If yes, please describe (as relevant) any notable initiatives to expand the program’s capacity to report on impacts by gender and diversity in the future.

The CFJF continues to place a particular emphasis on extending the reach of family justice programs, services and information to meet the needs of diverse and underserved populations. Available funding in 2021-22 and beyond will target initiatives designed to reach underserved communities.

In addition, the CFJF received additional funding to assist provinces and territories with the implementation of official languages provisions under the Divorce Act. This funding will support provinces and territories in enhancing their capacity to deliver family court and family justice services in both official languages to ensure that Canadians can exercise their right to divorce proceedings in the official language of their choice.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• Yes
• Eliminating gender-based violence and harassment, and promoting security of the person and access to justice

This program includes the Indigenous Justice Program (IJP) and the Indigenous Courtwork Program (ICW). Program evaluations for the IJP have consistently shown that its programs help reduce the rate of recidivism and contribute to safer communities.

Both the IJP and the ICW have direct positive benefits for Indigenous victims as well as Indigenous persons in contact with the criminal justice system. They contribute to improving access to justice for Indigenous peoples, increasing safety and security for Indigenous communities as well as improving community health and well-being.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• Yes

c) If yes, please describe (as relevant) any notable initiatives to expand the program’s capacity to report on impacts by gender and diversity in the future.

Client and participant information collected under the Indigenous Justice program inventory includes various identity factors, such as age, gender, Indigenous identity, type of legal matter and programming or assistance provided to clients. This information is used for program reporting and evaluation.

IJP has provided additional training to improve the capacity of funding recipients to report disaggregated data on a broader range of program activities. IJP is also transitioning to a new online data collection tool, expected to further improve the quality of the data collected.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• Yes
• Eliminating gender-based violence and harassment, and promoting security of the person and access to justice
• Equal opportunities and diversified paths in education and skills development
• Reduced poverty and improved health outcomes

This program includes the Justice Partnership and Innovation Program (JPIP) and the Access to Justice in Both Official Languages Support Fund.

The overall objective of the JPIP is to support policy directions of the Department on issues related to family violence, sexual harassment in the workplace, the revitalization of Indigenous laws and legal traditions and access to justice. The program is delivering the following services related to gender-based violence and increased access to justice:

• Developing and generating awareness and understanding of the Canadian justice system to increase access to justice for vulnerable populations and to better respond to family violence issues;
• Providing legal education and information to individuals on sexual harassment in the workplace to better inform workers, particularly those most vulnerable, about their rights and how they can access help if they have been harassed in the workplace; and
• Increasing access to justice for vulnerable populations through the development and dissemination of public legal education and information (PLEI) materials on different legal issues, and through building the capacity of marginalized communities, including Indigenous and new Canadians, to understand the law, their rights and obligations, the Canadian justice system, and how to address legal matters.

In addition, the JPIP is aligned with the Government’s efforts to advance gender equality by promoting a respectful inclusion of Indigenous legal practices and customs, by increasing access to justice for Indigenous women and girls, as well as by creating a safer working environment that will allow all workers, especially women, to reach their full potential and a higher level of satisfaction with their lives and their careers.

The activities and projects undertaken pursuant to the Access to Justice in Both Official Languages Support Fund (Fund) enhance the development and vitality of official language minority communities and are positive measures within the meaning of the Official Languages Act. They are aligned with the Government’s commitment to foster the full recognition and use of both English and French in Canadian society.

Among other activities, the Fund provides support to projects related to legal linguistic training and tools for bilingual justice professionals and students.

In addition, the Fund provides support to provinces and territories for implementation of the official languages provision under the Divorce Act, which benefits official language minority communities. For example, low-income individuals will be able to file documents in the official language of their choice without having to incur translation costs.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• Yes

c) If yes, please describe (as relevant) any notable initiatives to expand the program’s capacity to report on impacts by gender and diversity in the future.

Funding recipients are required to report on their activities, including training, services, PLEI products and materials, provided to and outcomes for diverse groups/official language minority communities. Information will be collected as to the population groups targeted by the projects, communities, number of individuals reached, and specific information on vulnerable populations reached through the project activities.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• Yes
• Eliminating gender-based violence and harassment, and promoting security of the person and access to justice

The Office of the Federal Ombudsman for Victims of Crime (OFOVC) works with stakeholders and clients to inform its recommendations to the federal government on steps to reduce intimate-partner and domestic violence, sexual assault, human trafficking and femicide. A number of initiatives by the OFOVC support this goal including:

• Creating an Indigenous Advisory Circle to support recommendations calling for the implementation of the Calls to Action of the Truth and Reconciliation Commission of Canada, and to support and inform the development of the National Action Plan on Missing and Murdered Indigenous Women and Girls;
• Recommendations for the recognition of coercive control in intimate-partner relationships as an offence under the Criminal Code; and
• Developing the Ombudsman’s Progress Report on the Canadian Victims Bill of Rights, which analyzes the effectiveness of the legislation and provides recommendations regarding efforts to strengthen victims’ rights as well as increase transparency and accountability across the criminal justice system for victims of crime and violence.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• Yes

c) If yes, please describe (as relevant) any notable initiatives to expand the program’s capacity to report on impacts by gender and diversity in the future.

The OFOVC tracks the implementation of its recommendations to decision-makers. It recognizes the importance of collecting data related to upholding victims’ rights across the criminal justice system. The OFOVC is developing an online form for the submission of complaints, which will seek measurable indicators related to client cases to improve the quality of the data.

a) Does this program have impacts that support the pillars and goals of the Gender Results Framework? Which ones?

• Yes
• Eliminating gender-based violence and harassment, and promoting security of the person and access to justice
• Equal and full participation in the economy
• Gender equality in leadership roles and at all levels of decision-making

Internal Services are those groups of related activities and resources that support the Department’s programs and/or are required to meet the corporate obligations of an organization. Internal Services refers to the activities and resources of the following ten distinct services:

• Management and Oversight Services
• Communications Services
• Legal Services
• Human Resources Management Services
• Financial Management Services
• Information Management Services
• Information Technology Services
• Real Property Management Services
• Materiel Management Services
• Acquisition Management Services

Internal Services play a role in the pillars and goals of the Gender Results Framework through:

• Hiring practices;
• Employee access to working tools and resources;
• Learning and development;
• Prevention and resolution of conflict and harassment in the workplace;
• Access to and use of leave;
• Interpretation and application of collective agreements; and
• Communications.

Internal Services influence the:

• Representation of members of equity groups in management;
• Proportion of employees who belong to equity groups;
• Gender wage gap;
• Access to benefits that reduce the impact of child care duties on employees’ careers and economic well-being;
• Proportion of employees who self-report being harassed in the workplace; and
• Language used and tone of discourse surrounding equity, diversity and inclusion within the Department.

b) Does this program collect sufficient data to enable it to monitor and/or report program impacts by gender and diversity (GBA+)?

• Yes

c) If yes, please describe (as relevant) any notable initiatives to expand the program’s capacity to report on impacts by gender and diversity in the future.

In addition to ongoing data collection based on employment equity factors, Internal Services houses the recently established Anti-discrimination Secretariat and is implementing both new measures and new approaches to existing measures to better report on impacts by gender, racial identity and ability in the future.