2022-23 Departmental Plan

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Core Responsibilities: Planned Results and Resources, and Key Risks

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

Legal Services

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. Additionally, the Attorney General is responsible for advising the heads of 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 has become increasingly complex and crosscutting, and the practice of law is constantly evolving. Moreover, demands for legal services may shift, depending on the specific priorities of client departments and the various risks they face in implementing these priorities. As the main provider of legal services to the Government of Canada, the Department has adopted a client-centric approach to improve its strategic partnerships and ensure that it delivers effective and fiscally sustainable legal services that meet Government and client priorities. This will continue to be done through an enhanced collaborative approach that focuses on supporting client departments in their search for solutions that benefit all. In all areas of its work, the Department remains committed to protecting the rights of Canadians and ensuring that the Charter is respected.

1. Departmental Result: Departments and Agencies Receive High-Quality Legal Services

In 2022-23, the Department will continue to provide high-quality legal advisory, litigation and legislative services to its federal client departments and agencies.

Advisory Services

To support the Government of Canada’s efforts to finish the fight against the COVID-19 pandemic and assist Canadians in need, as well as supporting economic recovery efforts, the Department will continue to provide integrated legal and policy advisory services to federal departments and agencies, including:

• Health Canada and the Public Health Agency of Canada in operationalizing, implementing and enforcing existing and new public health measures, including issuing and renewing emergency orders as required;
• Public Services and Procurement Canada in the ongoing procurement of necessary goods such as vaccines, rapid tests and personal protective equipment;
• Transport Canada in the development and implementation of measures in the transportation sector to stop the spread of the COVID-19 virus;
• Treasury Board Secretariat (TBS) and Employment and Social Development Canada (ESDC) with respect to the legal implications of vaccine mandates and the development and implementation of policies and measures to prioritize vaccination across the federal public service and in federally-regulated workplaces, to help protect the health and safety of federally-regulated employees and their communities across Canada;
• Canada Revenue Agency (CRA) in its responsibilities for administering a number of social benefit programs, as well as for legislation to extend or modify emergency support programs such as the Canada Emergency Wage Subsidy, Canada Emergency Rent Subsidy, and recovery benefits;
• ESDC and other government departments in the suite of initiatives to address Canadian housing issues, which include affordable housing, affordable home ownership, and Indigenous housing;
• ESDC in implementing universal $10 per day child care and reducing by 50% related fees paid by parents;
• Advisory services with respect to the legal aspects of government transfer and funding arrangements, as well as management of government debt and the fiscal framework; and
• Trade law advisory and litigation services to ensure that measures taken by Canada and its trading partners to assist in economic recovery efforts remain consistent with international obligations and respect the international rules-based order.

To contribute in advancing meaningful reconciliation and self-determination, closing socio-economic gaps, and eliminating systemic barriers facing First Nations, Inuit, and Métis peoples, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples and the Principles respecting the Government of Canada’s relationship with Indigenous Peoples, the Department will continue to provide legal advisory services to Crown-Indigenous Relations and Northern Affairs Canada and Indigenous Services Canada in support of:

• shifts in operations and strategic responses in relation to COVID-19 developments and the challenges raised by the pandemic to fulfil Crown duties to consult Indigenous peoples;
• the implementation of the Truth and Reconciliation Commission Calls to Action, including initiatives related to unmarked burial sites connected to former Indian residential schools;
• section 35 of the Constitution Act, 1982, the duty to consult, and the ongoing implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act;
• the negotiation and implementation of modern treaties, self-government agreements, and other constructive arrangements that reflect a recognition-of-rights approach and establish a new fiscal relationship with Indigenous peoples;
• the implementation of Indigenous child and family services legislation, including the negotiation and conclusion of coordination agreements pursuant to An Act respecting First Nations, Inuit and Métis children, youth and families, as well as defending the constitutionality of the Act;
• the continued implementation of Jordan’s Principle, a Government commitment to ensure that First Nations children have access to the health, social and educational support and services that they need, when and where they need them;
• the work with First Nations on the Specific Claims Policy and process, including continuing to review, negotiate and settle currently outstanding claims, while exploring options for legislative reforms to provide just and timely resolution, conscious of the need for a fairer and more equitable process;
• the objective of eliminating all long-term drinking water advisories on reserves;
• the review of the First Nations Land Management Act and the Addition to Reserve Policy; and
• the implementation of the amended Procurement Strategy for Indigenous Business.

In addition, the Department will provide legal advisory services and support to:

• Canadian Heritage, Public Safety Canada (PS) and the Royal Canadian Mounted Police (RCMP) regarding efforts to combat serious forms of harmful online content, online hate and harassment, hate groups, and ideologically-inspired violent extremism and terrorist organizations;
• PS, the Department of National Defence, Innovation, Science and Economic Development Canada and Global Affairs Canada in efforts to ensure the security and integrity of Canada’s telecommunications and critical systems in light of cyber threats, including continuing to advance the National Cyber Security Action Plan;
• PS, the RCMP and the Canada Border Services Agency to support the Government’s commitments on firearms control, including strengthening measures to control the flow of illegal guns into Canada;
• PS in their work to strengthen the laws and investigative powers related to major financial crimes;
• Finance Canada in the Government’s fight against profiting from proceeds of crime, money laundering and terrorism financing, and the negative societal impacts they cause, by advising on measures proposed in response to reports by external bodies (e.g. Cullen Commission, Financial Action Task Force) advocating federal action, such as increasing transparency in the beneficial ownership of company shares and trust property;
• CRA in its sustained efforts to combat tax evasion and avoidance and ensure the fairness and integrity of the tax system;
• The Office of the Superintendent of Financial Institutions in its organizational transformation, which will focus on culture, data and the supervisory framework, as well as the financial risks related to digitalization and climate change;
• Fisheries and Oceans Canada and Environment and Climate Change Canada (ECCC) to ensure that the Government meets its goals to conserve 25% of Canada’s lands and waters by 2025 and 30% by 2030 and to establish ten new national parks and ten new national marine conservation areas in the next five years;
• ECCC in establishing a Canada Water Agency to safeguard Canada’s freshwater resources for future generations, including providing support to provinces, territories and Indigenous partners in developing and updating river basin and large watershed agreements;
• TBS in undertaking a comprehensive and continuous strategic policy review of government programs that will focus on achieving net-zero emissions by 2050, improving fairness and equality, and promoting quality of life and growth; and
• Privy Council Office and to the Clerk of the Privy Council through Justice Canada’s Privy Council Office Legal Services Sector, which also provides expert legal advice to a wide range of federal departments on questions and litigation involving Cabinet confidences.

Litigation Services

The Department will further refine and adjust its litigation strategy, integrating it into government public policy making and ensuring consistency with the Charter, our values, our commitments, and related principles and directives.

Justice Canada will collaborate with client departments on litigation positions that consider, where appropriate, early resolution and settlement or out-of-court resolution and other alternatives to litigation (such as resolution through government initiatives and programs or legislative and regulatory reforms). A strategic cross-governmental and whole-of-government approach will continue to be applied to litigation that may involve several departments and agencies, Indigenous groups, provincial and territorial governments, industry, and other stakeholders.

More specifically, the Department will continue to:

• Advance a litigation strategy for the Government of Canada consistent with the United Nations Declaration on the Rights of Indigenous Peoples Act, the Principles guiding the Attorney General of Canada in Charter Litigation, 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;
• Ensure the national management of class proceedings;
• Collaborate with client departments in support of the strategic management of high-profile litigation cases involving Indigenous peoples, including a global resolution on outstanding issues that have been the subject of litigation in the First Nations Child and Family Caring Society / Assembly of First Nations matters before the Canadian Human Rights Tribunal, regarding First Nations Child and Family Services and Jordan’s Principle;
• Support the Government in responding to employment-related class actions;
• Work with departments through committees at the Assistant Deputy Minister, Deputy Minister and Cabinet levels to support the review of litigation strategies and consideration of policy, financial and legal implications of complex litigation; and
• Support the Action Committee on Court Operations in Response to COVID-19 to promote a nationally harmonious approach to restoring Canadian court operations, prioritizing the health and safety of justice system participants while upholding the fundamental values of our justice system.

Legislative Services

In addition to its legal advisory and litigation support, the Department will continue to provide high-quality legislative and regulatory drafting services to federal departments and agencies. In particular, the Department will:

• Examine legislation for opportunities to address online hate and harassment through legal remedies for victims, in addition to supporting Canadian Heritage and other departments in the development of complementary responses to concerns around this issue, in a manner consistent with Canada’s international legal obligations;
• Continue to support TBS in the statutory review of the Access to Information Act;
• Support Health Canada with respect to the independent review and the parliamentary review of former Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), within one year of receiving royal assent; and
• Continue to contribute to the targeted regulatory reform agenda (Budget 2019), focusing on supporting innovation and business investment, and making the Canadian regulatory system more agile, transparent and responsive. This work will include: modernizing regulations related to agri-food, aquaculture, health and biosciences, transportation and infrastructure; supporting clean technology; advancing digitalization and supporting technology neutrality; and better incorporating international standards into regulations, while ensuring that Canada’s own robust standards for health, safety, security, and environmental protection are maintained.

Gender-Based Analysis Plus

Gender-Based Analysis Plus (GBA Plus) is an analytical approach that helps to ensure that federal government legislation, policies, programs and other initiatives are responsive, inclusive and reflective of diverse experiences and realities in order to address inequities and barriers. The GBA Plus approach considers identity factors that go beyond biological (sex) and socio-cultural (gender) differences. It includes the examination of a range of other intersecting identity factors (such as age, disability, economic status, education, sexual orientation, geography, language, race and ethnicity, and religion and spirituality).

As part of the departmental GBA Plus policy, the guiding principles of GBA Plus will continue to be broadly applied to all areas of the Department’s work, including the provision of legal services to client departments and policy and legal advice to Cabinet. This will help foster greater gender equality, diversity and inclusive outcomes that are responsive to the needs of diverse groups of Canadians. Integrating a GBA Plus and intersectional approach in decision-making processes helps to identify and address existing systemic barriers and improve access to justice.

In the area of international trade and investment, and more specifically in negotiating and applying dispute-settlement provisions under free trade agreements and foreign investment promotion and protection agreements, the Department will continue to advocate for increased diversity – including gender diversity – in the appointment of arbitrators and panelists to adjudicate disputes.

The Department will also continue to support the Government’s commitments towards equity and inclusion and improving diversity in the federal public service. This will be done through the provision of integrated legal advisory and drafting services on the development of policies and regulatory changes, including integrated advice on the implementation of the Federal Internship Program for Canadians with Disabilities and on recruitment strategies to hire at least 5,000 people with disabilities over a period of five years, in accordance with the Accessibility Strategy for the Public Service of Canada.

United Nations 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals

As a signatory to the United Nations 2030 Agenda for Sustainable Development, the Government of Canada is committed to its 17 Sustainable Development Goals (SDGs) and to the overarching vision to “leave no one behind.” The Department, supported by its Access to Justice Secretariat, leads Canada’s efforts to advance SDG 16 domestically and abroad. SDG 16 calls for peaceful, just and inclusive societies that promote the rule of law, nationally and internationally, the provision of equal access to justice for all, and the building of institutions that are effective, accountable and inclusive at all levels.

To foster greater collaboration, the Department will champion and advance the theme of access to justice and other SDG 16-related themes among key partners and stakeholders at the federal, provincial, territorial and international levels. While SDG 16 is an essential component in the advancement of the overall 2030 Agenda, Justice Canada provides particular support for a number of other SDGs, including SDG 5 (Gender Equality), SDG 8 (Decent Work and Economic Growth), SDG 10 (Reduced Inequalities), SDG 11 (Sustainable Cities and Communities), and SDG 17 (Partnerships for the Goals).

Departmental activities that will contribute to advancing SDGs include:

• Improving access to justice for Indigenous people, racialized groups, and other equity-seeking populations (SDG 16);
• Participation in the Cullen Commission on money laundering (SDG 16, target 16.4);
• Supporting Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime (SDG 16, target 16.4);
• Supporting efforts of the International Assistance Group, as Canada’s central authority for extradition and mutual legal assistance, to promote international cooperation and compliance with international agreements (SDG 16, targets 16.4, 16.5, 16.10);
• Participating in multilateral international negotiations and forums (e.g. G7, United Nations Convention against Corruption Working Group on International Cooperation, Commonwealth Secretariat, Organization of American States) aimed at improving the international legal framework for law enforcement and cooperation in relation to the prosecution of serious transnational crimes (SDG 16, targets 16.4, 16.5);
• Continued application of Department-imposed obligations on legal agents of the Minister to abide by Canada’s anti-corruption and anti-bribery legal framework in Canada and abroad (SDG 16, target 16.5);
• Collaborating with the National Security and Intelligence Review Agency (SDG 16, target 16.6);
• Providing Justice Canada experts as training resources in supporting the capacity-building work of international agencies and organizations (e.g. United Nations Office on Drugs and Crime, International Institute for Justice and the Rule of Law) (SDG 16, target 16.11a);
• Legal advisory services with respect to the identification, investigation and mitigation of threats posed by ideologically-inspired violent extremism and terrorist organization activities and in relation to programs to counter the rise and growing presence of these threats (SDG 11); and
• Legal support in implementing the Government’s firearms policy commitments, including countering gun smuggling and trafficking, as well as an expanded licence-suspension regime to help combat intimate-partner and gender-based violence and self-harm involving firearms (SDGs 11, 16, target 16.4).

Experimentation^{Footnote 1}

The Department of Justice Canada will seek opportunities to improve the delivery of legal services by exploring the adoption of emerging and innovative technologies. For instance, the Department will continue efforts to modernize its work with the court system by implementing procedures and technologies to enable remote hearings and the electronic transfer of documentation in a more environmentally conscious manner. This includes where counsel may be able to appear by video or telephone (e.g. case-management conferences, largely procedural hearings, uncontested motions). Justice Canada will continue to explore the secure exchange of documents with client departments and other parties (including the courts) using electronic platforms. As part of this work, the Department intends to update or establish new guidance on document-sharing platforms and on the conduct of digital litigation, including remote hearings.

Additionally, the Department will pursue improvements in program design and delivery, such as continued collaboration with Immigration, Refugee and Citizenship Canada to develop artificial intelligence and machine-learning tools to assist in the area of immigration law.

The aim of these initiatives is to generate new insights, improve service delivery, and adopt evidence-based solutions that serve the public interest.

Key Risks

Cultivating and maintaining productive relationships with client departments, partners and stakeholders enables Justice Canada to achieve its expected results. As legal practices, client priorities, and demands for legal services evolve, there may be risks for particular relationships. To mitigate these risks, the Department will advance its priority of strengthening strategic partnerships with clients by continuing to enhance its business processes, to provide meaningful legal risk assessments, and to be a trusted and collaborative partner. It will continue to focus on collaboration and joint planning with client departments and partners in central agencies to meet Government and client priorities, including working with clients to prioritize efforts and manage demand, especially during this time of the COVID-19 pandemic. The Department will also continue its work in modernizing the Legal Services Client Feedback Survey to ensure its relevance, impact and alignment with respect to client needs as well as the Department’s vision and strategic plan.

Planned Results for Legal Services

The following table shows the planned results for Legal Services, along with the result indicators, the targets and the target dates for 2022-23, and the actual results for the three most recent fiscal years for which actual results are available.

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

Planned Budgetary Spending for Legal Services

Planned Budgetary Spending for Legal Services

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

Planned Human Resources for Legal Services

The following table shows, in full-time equivalents, the human resources the Department will need to fulfill this core responsibility for 2022-23 and for each of the next two fiscal years.

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

Justice System Support

Description

The Department of Justice Canada plays an essential role in ensuring a fair, relevant and accessible Canadian 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, notably Indigenous justice, criminal justice (including sentencing, criminal procedure, youth criminal justice and victims of crime); children and family law (including marriage and divorce); access to justice; bijuralism^{Footnote 10}; human rights; privacy; access to information; and official languages.

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

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.

1. Departmental 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 will continue its work to foster public safety and security while supporting efforts to transform the criminal justice system. Specifically, it will continue to strive to advance improvements to the criminal justice system to ensure that Canadians are kept safe, to help increase efficiencies, and to reduce delays for all those involved in the system. It will also work to address systemic inequities and the overrepresentation of Indigenous people, Black people, and members of other racialized or marginalized communities, such as those with mental health and substance abuse challenges, in the criminal justice system.

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

The Department will contribute to a renewed relationship with Indigenous peoples by continuing to collaborate with federal, provincial, territorial, and Indigenous governments, national Indigenous organizations, and other partners and key stakeholders to accelerate progress on various initiatives that relate to the Department’s mandate. This includes continued work on advancing the implementation of the Justice-led Calls to Action of the Truth and Reconciliation Commission (TRC) and responding to the Justice-specific Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG), through funding for new and expanded initiatives including developing an implementation framework to track progress on the Justice theme objectives of the federal component (Federal Pathway) of the National Action Plan. This also includes continuing to lead on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act, in partnership with Indigenous peoples and in collaboration with Crown-Indigenous Relations and Northern Affairs Canada and other government departments. The Act is a key building block in recognizing, respecting, protecting and fulfilling the rights of Indigenous peoples. It provides a road map for the Government and Indigenous peoples to work together to implement the Declaration.

Furthermore, the Department will support the Minister of Justice in the appointment of an independent Special Interlocutor dedicated to working directly and collaboratively with First Nations, Inuit and Métis governments, representative organizations, communities, families and other stakeholders, to identify needed measures, and recommend a new legal and regulatory framework to advance justice and make recommendations related to federal laws, regulations, policies and practices surrounding unmarked burial sites relating to former residential schools.

In addition, the Department will continue to support the Deputy Minister of Justice in his role as a member of the Deputy Minister Committee on Indigenous Reconciliation by providing timely and integrated horizontal advice and support for whole-of-government initiatives.

The Department will pursue its work focused on implementing criminal justice system reforms to address the overrepresentation of Indigenous people, Black people, and members of other racialized or marginalized populations in the criminal justice system by:

• Developing a Black Canadians Justice Strategy to address anti-black racism and discrimination in the criminal justice system, in consultation and cooperation with provinces, territories and Black Canadians, with the support of the Minister of Housing and Diversity and Inclusion;
• Continuing to co-lead and co-develop, alongside Public Safety Canada (PS), the Pan-Canadian Strategy to Address the Overrepresentation of Indigenous People in the Criminal Justice System and Action Plan. Further work will include consideration of 19 draft recommendations and how they may support other key initiatives, such as the implementation of the TRC Calls to Action 30 and 38 and the MMIWG Calls for Justice, and the Indigenous Justice Strategy. This work is undertaken collaboratively and is informed through a range of federal-provincial-territorial working groups, as well as engagement with Indigenous communities and organizations; and
• Supporting the parliamentary process for An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (Bill C-5), which aims to repeal mandatory minimum penalties for all drug offences under the Controlled Drugs and Substances Act, some firearm-related offences and one tobacco-related offence; to provide greater judicial discretion to impose sanctions other than imprisonment that are appropriate and just in the circumstances; and to require police and Crown prosecutors to consider diverting individuals out of the criminal justice system rather than charging them with simple drug possession offences.

The Department’s work with respect to criminal law reforms will also involve:

• Re-introducing and supporting the parliamentary process for 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 C-23), which aims to support the safe, efficient and effective operation of criminal proceedings, with a view to increasing access to justice for all participants during the pandemic and beyond;
• Co-leading, with PS, the introduction of legislation to address gun violence;
• Supporting the implementation of An Act to amend the Criminal Code (conversion therapy) (former Bill C-4), which received Royal Assent in December 2021 and criminalizes conversion therapy to protect the dignity and equality of LGBTQ2+^{Footnote 11} persons;
• Supporting work in relation to requirements set out by An Act to amend the Criminal Code (medical assistance in dying) (former Bill C-7), including in relation to the following:
  • recommendations from an independent panel of experts as to Criminal Code safeguards and protocols and guidance for medical assistance in dying requests made by persons who have a mental illness; and
  • the joint parliamentary review of the Criminal Code medical assistance in dying provisions and their application, including in relation to mature minors, advance requests, mental illness, the protection of Canadians with disabilities, and the state of palliative care in Canada.

Other justice system initiatives to be undertaken by the Department include:

• Co-leading efforts, with Canadian Heritage, to support the Government’s commitment to protect Canadians from online harms, particularly, by combatting online hate speech through amendments to the Criminal Code and Canadian Human Rights Act;
• Leading efforts in support of Canada’s criminal justice priorities on the international stage (e.g. Quintet of Attorneys General, Council of Europe Cybercrime Convention Committee); and
• Co-leading efforts, with Finance Canada, to support the Government’s commitment to counter predatory lending by lowering the criminal interest rate.

A key priority of the Minister of Justice involves the establishment of an independent Criminal Case Review Commission to improve access to justice and make it easier and faster for potentially wrongfully convicted people to have their applications reviewed. In response to the consultants’ report, the Department is leading the development of a proposal with recommended options, to be followed by the drafting of appropriate legislation.

In an effort to strengthen the confidence of Canadians in the judicial system, the Department will continue to support the Minister of Justice through the parliamentary process for Bill C-9, An Act to amend the Judges Act, to reform Canada’s federal judicial conduct process and ensure the process is fair, effective and efficient. The Department will also continue to work with relevant stakeholders, including the Office of the Commissioner for Federal Judicial Affairs Canada, by offering advice on policies or initiatives that align with the Government’s commitment to increase diversity on the federally-appointed bench, along with relevant diversity data as to appointees.

In the context of Canada’s family justice system, the Department will continue to lead efforts 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). These legislative reforms are designed to help ensure that federal family laws are more responsive to Canadian families’ needs by promoting the best interests of the child, addressing family violence, reducing child poverty, and making Canada’s family justice system more accessible and efficient. The implementation of provisions will continue throughout 2022-23, including the publication of amendments to the regulations related to the Family Orders and Agreements Enforcement Assistance Act.

Building on previous public consultations and engagements with experts, the Department will continue to lead the substantive review of the Privacy Act, including by engaging with Indigenous partners, to develop specific proposals for amendments to the Act to keep pace with the effects of both technological change and evolving Canadian values. Further to its legal policy development work and the introduction of the Privacy Act Extension Order, No. 3, the Department will continue to support the Treasury Board Secretariat and other federal government institutions with respect to the implementation of the Order, which comes into force in July 2022.

The Department will support the Department of National Defence in advancing military justice reform options, including the establishment of a permanent military court, in response to former Justice Fish’s April 2021 report on the third independent review of the Canadian military justice system.

As provided for in Budget 2021, Justice Canada will be leading efforts to revive the Law Commission of Canada. The Commission will help ensure the justice system is accessible, just and fair for all. Work will focus on appointing Commissioners, establishing the Secretariat and securing accommodation and support services to ensure the success of the Commission.

Planned Results for Justice System Support

The following table shows the planned results for Justice System Support, along with the result indicators, the targets and the target dates for 2022-23, and the actual results for the three most recent fiscal years for which actual results are available.

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

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

In support of ongoing policy work aimed at developing and implementing alternative measures for responding to the causes and consequences of offending, the Department will continue to focus efforts on ensuring that the criminal justice system is used where it is needed to keep the public safe, while also addressing systemic inequities in all stages of the criminal justice system.

In addition, the Department will continue to provide funding support to provinces, territories and non-governmental organizations 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, and the Drug Treatment Court Funding Program. These initiatives provide opportunities to address systemic inequities in the criminal justice system by promoting the increased use of pre- and post-charge diversion and enabling courts to impose sentences appropriate to the circumstances of individual cases.

Funding provided to provinces and territories through the Drug Treatment Court Funding Program will help address crime committed in relation to substance use disorders by promoting and strengthening the use of alternatives to incarceration for non-violent offenders who meet specified criteria. The program provides court-monitored treatment and community service support for qualifying non-violent offenders motivated by a problematic substance use.

The Department will continue to explore opportunities to promote the use of restorative justice in the criminal justice system. More specifically, through the Indigenous Justice Program, the Department will keep delivering financial support to Indigenous community-based justice programs that offer culturally relevant restorative justice alternatives in appropriate circumstances. It will also continue its work, with provincial and territorial partners, to support the implementation of Gladue Principles in the justice system (e.g. post-sentence Gladue aftercare programming and the writing of Gladue reports).

Through additional funding for both the Indigenous Justice Program and the Indigenous Courtwork Program (Budget 2021), the Department will work towards implementing supports to help Indigenous families navigate the family justice system and access community-based family mediation services. Federal support of these community-led and community-driven restorative justice programs and court services is a concrete demonstration of the Government’s commitment to renew its relationship with Indigenous peoples as well as to address the overrepresentation of Indigenous people in the criminal justice system, including through the use of alternative measures.

The Department will also continue to support the development of an Indigenous Justice Strategy, in consultation, cooperation and collaboration with federal, provincial, territorial and Indigenous partners, to address systemic discrimination and the overrepresentation of Indigenous people in the criminal justice system. The new Engagement Fund established in 2021-22 under the Indigenous Justice Program will continue to support capacity funding for Indigenous-led engagement and dialogues with partners to develop a mutual vision and scope for the Indigenous Justice Strategy and to identify needed legislative, program and policy initiatives.

Planned Results for Justice System Support

The following table shows the planned results for Justice System Support, along with the result indicators, the targets and the target dates for 2022-23, and the actual results for the three most recent fiscal years for which actual results are available.

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

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

The Department will continue to support the implementation of the Federal Victims Strategy, as well as the Victims Fund, which will involve:

• Federal-provincial-territorial collaboration and coordination, criminal law reform, policy initiatives, and program funding to improve access to justice for victims and survivors of crime and give them a more effective voice in the criminal justice system;
• Advancing collaboration and initiatives to support victim participation in the criminal justice system in the context of virtual proceedings, which are being developed and implemented not only in response to the COVID-19 pandemic and health and safety directives but also to enhance efficiencies in the justice system;
• Continuing to work closely with federal partners and provincial and territorial governments to support awareness and recognition of victims’ rights in Canada, including the implementation of the Canadian Victims Bill of Rights; and
• Supporting the implementation of the MMIWG National Action Plan and the TRC Calls to Action in the area of Indigenous-led services and supports for victims and survivors of crime.

Through the Justice Partnership and Innovation Program (JPIP), the Department will support pilot community justice centre models in British Columbia, Ontario and Manitoba. These models, which are community-driven, will integrate justice processes with health and social services to provide a coordinated approach to addressing the root causes of crime, break the cycle of offending, and improve public safety and community well-being.

The Department will also support activities to improve the criminal and family justice system responses to sexual assault and intimate-partner violence. Through the Victims Fund and JPIP, it will support independent legal advice and representation projects for victims and survivors of sexual offences, including sexual assault and intimate-partner violence. JPIP will also provide funding for additional supports for victims of intimate-partner violence in the family justice system.

The Department will continue to strive to develop innovative approaches to Indigenous justice systems, guided by the TRC Calls to Action and the MMIWG Calls for Justice. This includes leading negotiations on administration-of-justice agreements with Indigenous partners and working collaboratively with interested Indigenous organizations and communities as well as provinces and territories. This work will provide a foundation for the development of a new conceptual framework for Indigenous groups to assume a greater role in the administration of justice within their communities, which will advance self-determination, promote community development, increase public safety, and develop capacity for change that is enduring and transformational.

To help sentencing judges in considering the disadvantages and systemic racism that have contributed to racialized Canadians’ interaction with the criminal justice system, the Department will provide contribution funding for the implementation of Impact of Race and Culture Assessments (IRCAs) across Canada. IRCAs are pre-sentencing reports that provide information on the impacts of discrimination on a racialized offender. The funding will support the development of a training curriculum for IRCA assessors, as well as awareness programs and continuing professional development education on IRCAs for criminal defence lawyers, Crown prosecutors, judges, and other justice system participants. Moreover, funding will be made available to all provincial and territorial legal aid programs to support the preparation of IRCA reports for eligible racialized accused Canadians, with the goal of making this important tool a part of the criminal justice system across the country.

Through its Legal Aid Program and Indigenous Courtwork Program, the Department will continue to provide contribution funding to provincial governments for the delivery of legal aid services and Indigenous courtwork services. Indigenous courtwork services help Indigenous people in contact with the criminal justice system obtain fair, equitable and culturally relevant representation and services. The Department will also continue to support the territories in the provision of legal aid services, public legal education and information programs, and Indigenous courtwork services through consolidated Access to Justice Services Agreements.

JPIP will continue to fund activities that respond to changing conditions that affect Canadian justice policy. For instance, this will include supporting activities that promote the revitalization of Indigenous laws, legal systems and traditions, which will contribute to the implementation of the TRC Call to Action 50. To date, 27 projects have been funded for the revitalization of Indigenous laws and legal traditions.

The Canadian Family Justice Fund supports activities and services for Canadian families experiencing separation and divorce. In 2022-23, this will include funding projects directed towards the implementation of amendments to the Divorce Act, including updating public legal education and information, as well as supporting provinces and territories in implementing official language rights provisions intended to ensure that Canadians in every part of the country can obtain a divorce in the official language of their choice.

The Canadian Family Justice Fund will also focus on projects and activities that target underserved populations. Through funding support over five years (2021-22 to 2025-26), the Department will help provinces and territories provide government-funded services relating to the supervision of parenting time between a child and a parent in cases of separation and divorce, particularly in cases where there may be concerns about the safety of a child or another family member due to family violence.

As part of the Government of Canada’s Action Plan for Official Languages - 2018-2023, the Department’s Access to Justice in Both Official Languages Support Fund supports projects and activities that foster the recognition and use of both English and French in the Canadian justice system or enhance the vitality and access to justice of official language minority communities. In 2022-23, this will include funding for a wide variety of activities that provide legal information to the public and specialized training for legal professionals, as well as operational and core funding to non-governmental organizations. Furthermore, it will include funding for provinces and territories to implement official language rights provisions included in recent amendments to the Divorce Act.

Through the Contraventions Act Fund, the Department continues to support provinces and territories in fulfilling their duty to ensure that offenders’ official language rights are respected within the context of administering the Contraventions Act regime on behalf of the federal government.

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 victims, victims’ family members or representatives, victim-serving agencies, and other stakeholders.

Planned Results for Justice System Support

The following table shows the planned results for Justice System Support, along with the result indicators, the targets and the target dates for 2022-23, and the actual results for the three most recent fiscal years for which actual results are available.

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

Gender-Based Analysis Plus

To help reduce inequality in Canada and address the diverse needs of different groups of people in order to foster fair and inclusive outcomes for all Canadians, the Department will continue to take Gender-Based Analysis Plus (GBA Plus) considerations into account in all areas of its work, including under the Justice System Support core responsibility.

Applying an intersectional GBA Plus approach requires rigorous analysis that goes beyond biological (sex) and socio-cultural (gender) differences to examine how these and multiple other identity factors intersect to impact how federal initiatives are experienced by diverse individuals. In addition, GBA Plus involves critical consideration of the historical, social and political contexts, and the systems of power, privilege, discrimination and oppression that create inequities, as well as applying a meaningful approach to address them.

For instance, an intersectional GBA Plus approach will continue to be applied in the process of establishing an independent Criminal Case Review Commission. While fewer women are convicted of crimes than men, some women, particularly Indigenous women, are more likely to be convicted than others. A potential risk is that women who should benefit from the criminal conviction review process may not. When designing the framework and drafting legislation for the new regime, applying an intersectional GBA Plus lens will help ensure an inclusive and equitable approach.

The Department will continue to bring an intersectional GBA Plus lens to the implementation of the TRC Calls to Action and responses to the Final Report of the MMIWG National Inquiry, including planned initiatives as part of the Justice theme of the Federal Pathway and other aspects of the National Action Plan. This approach will help ensure that the proposed initiatives reflect the diverse perspectives and voices of Indigenous people, including Indigenous Elders, women, youth, and gender-diverse and 2SLGBTQQIA+^{Footnote 39} individuals.

With respect to the administration-of-justice agreements initiative, the Department is committed to including the perspectives, experiences, and voices of diverse groups within Indigenous communities, specifically Elders, women, youth, and gender-diverse and 2SLGBTQQIA+ persons, throughout the various phases of the process. Administration-of-justice agreements are expected to provide a unique opportunity to help reduce the victimization of certain groups by facilitating the development of a community-led and community-focused justice agreement. The Department intends to increase emphasis on GBA Plus considerations in discussions with Indigenous communities about administration of justice.

An intersectional GBA Plus lens will be incorporated as part of the work on the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act to ensure that consultation and engagement sessions are designed to be meaningful, inclusive and accessible for diverse participants, as well as culturally safe and respectful of key Indigenous protocols, principles and traditions. This approach seeks to encourage a diverse representation of Indigenous voices and perspectives at each stage of the process, including representation from Indigenous Elders, women, youth, and gender-diverse and 2SLGBTQQIA+ individuals.

Other Justice Canada initiatives which will integrate a rigorous intersectional GBA Plus approach include the implementation of Impact of Race and Culture Assessments and the justice data modernization initiative. In particular, the Department will continue collaborating with Statistics Canada on data modernization to improve the collection, use, quality and availability of disaggregated data. This work will support the use of GBA Plus in the development of evidence-based programs, policies and legislation, and further the exploration of impacts on diverse groups and analysis to inform decision making. It will allow for the examination of how government interventions can reduce criminal justice system involvement, with a focus on reducing overrepresentation of Indigenous people and racialized groups in the system. The Department will conduct and commission research to examine the impact of social programs, policies and legislation on criminal justice system involvement for different groups of people.

Through its Legal Aid Program and JPIP, the Department will support public legal education and information and legal advice for those who have experienced workplace sexual harassment, as well as a pan-Canadian outreach program to better inform workers, particularly those who are most vulnerable, about their rights and legal options. This initiative will increase public awareness, knowledge and understanding of legal rights in regard to sexual harassment in the workplace, improve access to justice for complainants and increase self-reporting. Projects under this initiative are required to implement a GBA Plus approach and to consider intersectional factors to address the experiences of diverse complainants of sexual harassment in the workplace. To date, project leaders have reported reaching diverse population groups, including women, Indigenous, racialized, and LGBTQ2+ persons, and persons with disabilities, as well as rural and remote communities across Canada.

As part of the Federal Strategy to Prevent and Address Gender-Based Violence, the Victims Fund and JPIP will support projects that provide access to free legal advice and representation for victims and survivors of sexual assault and of intimate-partner violence. In addition, JPIP will support provinces and territories and their partners in improving family justice system responses to intimate-partner violence. Disaggregated data on different identity characteristics, including age, gender, race and ethnicity, language and geography, will be collected and reported annually, as part of the Strategy.

United Nations 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals

Justice Canada’s Access to Justice Secretariat supports the Department in its leadership role for advancing SDG 16 (Peace, Justice and Strong Institutions) and provides a focal point for the Government’s efforts to promote equal access to justice for all, domestically and internationally, through partnerships with government and civil society leaders at home and abroad.

The Department continues to build on existing efforts to foster a more inclusive society, such as the addition of a civil justice indicator for measuring SDG 16 progress. Justice Canada will continue to champion a people-focused approach to justice as well as other SDG themes more broadly among key partners and stakeholders to support the advancement of the overall 2030 Agenda.

Departmental activities that will contribute to advancing SDGs include:

• Engagement with Indigenous partners in relation to the Privacy Act modernization initiative (SDGs 16, 17; targets 16.6, 16.10, 17.17);
• Implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act (SDGs 5, 10, 16);
• Contributions to the National Action Plan and Federal Pathway in response to the Calls for Justice and Final Report of the National Inquiry into MMIWG, as well as to the TRC Calls to Action (e.g. negotiation of administration-of-justice agreements with Indigenous groups, including those that are not part of the Recognition of Indigenous Rights and Self-Determination discussion tables) (SDGs, 5, 10, 16);
• Work to address the overrepresentation of Indigenous people, Black people and other racialized or marginalized populations in the criminal justice system: for instance, by repealing mandatory minimum penalties for certain offences and promoting greater judicial discretion to impose sanctions other than imprisonment, through the introduction of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, and by developing the Pan-Canadian Strategy to Address the Overrepresentation of Indigenous People in the Criminal Justice System and related Action Plan (SDGs 5, 10, 16);
• Efforts in criminal law reform to protect Canadians from, for example, online harms (SDGs 5, 16);
• Establishing an independent Criminal Case Review Commission (SDG 16, target 16.3);
• Reintroducing former Bill C-23, 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) (SDG 16);
• Collaboration with the Organization of Economic Cooperation and Development as a member of its Access to Justice Advisory Group and with Pathfinders for Peaceful, Just and Inclusive Societies as a member of its Justice Action Coalition (SDG 16);
• Participation in the Open Government Partnership Coalition on Justice, as a founding member, to advance open justice commitments, promote peer-to-peer learning, and advance research and data collection (SDG 16, target 16.10);
• Proposing the inclusion of an Open Justice Commitment as part of Canada’s Fifth National Action Plan on Open Government to help individuals and communities across the country gain access to the data, information and services they need to identify and effectively resolve their legal problems (SDG 16, target 16.10);
• Supporting data collection and research to advance our understanding of Canadians’ legal needs and gaps in accessing justice (e.g. Canadian Legal Problems Survey) (SDG 16, target 16.10);
• Work in the international arena to promote a rules-based international order and the rule of law, by supporting Canada’s participation in international bodies such as the UN Commission on Crime Prevention and Criminal Justice and the Conference of Parties to the UN Convention against Corruption and the UN Convention against Transnational Organized Crime (and the review of Canada’s implementation of the Convention), and in the negotiation of a Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity and War Crimes and of a UN Convention on Cybercrime (SDGs 3, 4, 5, 10, 11, 16, 17);
• Work with Public Safety Canada on re-establishing the Canada-US Cross Border Crime Forum, including efforts to address crime and terrorism priorities, criminal justice reform, and access-to-justice issues (SDGs 3, 4, 5, 10, 11, 16, 17).

Experimentation^{Footnote 40}

The Department of Justice Canada will continue to innovate and test improvements in program design and delivery. It will also seek opportunities to improve the accessibility of justice information, consultation, engagement and outreach, and delivery of services by exploring new approaches as well as emerging and innovative technologies.

The Department will be piloting a Strategic Foresight Policy Unit. Its role will be to provide the Department with analysis and reports that support the integration of future-focused considerations into policy work. In particular, the Unit will provide advice on how to position policy analysis and strategic policy advice in a future-focused way that makes it more resilient and responsive to societal trends, and support officials in understanding strategic foresight methodologies, how to apply these to their work, and why this should be done more rigorously.

Key Risks

Actively maintaining productive relationships with essential justice system partners and stakeholders is important to ensuring Justice Canada’s ability to meet priorities and expected results. To mitigate risk to these essential relationships, the Department will continue to take a people-centred approach to consultation and engagement. The goal is to design activities that are more accessible, inclusive and meaningful, along with ensuring they are trauma-informed, anti-oppressive, and respectful. This people-centred and evidence-based approach will enable Justice Canada to better contribute to decision making to respond to today’s challenges with increasingly forward-looking and innovative laws, policies, and programs.

For instance, work on Indigenous-related matters such as the Indigenous Justice Strategy, the MMIWG Calls for Justice, the TRC Calls to Action, the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act, and the development of the Pan-Canadian Strategy and Action Plan, relies heavily on maintaining productive relationships with external partners. The Department recognizes that progress on various initiatives may continue to be impacted as a result of the COVID-19 pandemic (e.g. reduced capabilities or capacity of stakeholders or partners, limited in-person meetings and engagement, particularly with more remote communities). Without sufficiently broad and diverse participation in these initiatives, it may be difficult to achieve these priorities.

With a view to helping ensure successful outcomes for the Government’s reconciliation agenda, the Department will continue to seek opportunities to regularly engage with national and regional Indigenous organizations, treaty nations, Indigenous governments and representative organizations, including organizations representing Indigenous women and 2SLGBTQQIA+ individuals, as well as federal, provincial, territorial and industry partners and other stakeholders. This will include advancing work through alternative virtual means, as well as using coordinated approaches and leveraging existing forums in order to mitigate “engagement fatigue.”

Planned Budgetary Spending for Justice System Support

The following table shows budgetary spending for Justice System Support for 2022-23, as well as planned spending for that year and for each of the next two fiscal years.

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

Planned Human Resources for Justice System Support

The following table shows, in full-time equivalents, the human resources the Department will need to fulfill this core responsibility for 2022-23 and for each of the next two fiscal years.

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

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