Core Responsibilities: Planned Results and Resources, and Key Risks

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This section contains information on the Department’s planned results and resources for each of its core responsibilities. It also contains information on key risks related to achieving those 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 inconsistency with the Canadian Charter of Rights and Freedoms (the Charter). Additionally, the Attorney General is responsible for advising the heads of departments on all matters of law 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 a 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 department priorities. It will continue to do so 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 2023–24, the Department will continue to provide high-quality legal advisory, litigation and legislative services to its federal client departments and agencies.

Advisory Services

The Department will contribute to 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 UN Declaration Act and the Principles respecting the Government of Canada’s relationship with Indigenous peoples. To do so, the Department will continue to provide legal advisory services to clients in support of:

• the implementation of the Truth and Reconciliation Commission Calls to Action, including initiatives related to unmarked burial sites connected to former Indian residential schools.
• respecting and upholding section 35 of the Constitution Act, 1982, the duty to consult, honour of the Crown, fiduciary duties, historical and modern treaties, Aboriginal and treaty rights, including Aboriginal title.
• the negotiation and implementation of modern treaties, self-government agreements and other constructive arrangements that reflect a recognition-of-rights approach and the establishment of a new fiscal relationship with Indigenous peoples, as well as legal support to the Deputy Ministers’ oversight committee for the implementation of modern treaties and related work.
• 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 to co-develop options for reforms of the Specific Claims Policy and process to facilitate the just and timely resolution of specific claims and to continue the review and support of the negotiation and settlement of outstanding specific claims as efficiently as possible under the current Policy in the meantime.
• the objectives of eliminating all long-term drinking water advisories on reserves and co-developing safe drinking water legislation.
• the review of the First Nations Land Management Act and the Addition to Reserve Policy.
• the ongoing implementation of the UN Declaration Act, including the advancement of training and capacity-building efforts across Justice to ensure that consistent, high-quality advice on the UN Declaration Act is being provided by Justice counsel to all client departments.

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

• PS, the RCMP, and the Canada Border Services Agency (CBSA) to support the Government’s renewed commitments on firearms control, including strengthening measures to control the flow of illegal guns into Canada, and increasing maximum firearms trafficking and smuggling penalties.
• PS in their work to strengthen laws and investigative powers related to major financial crimes and to bring forward a proposal to establish a Canada Financial Crimes Agency.
• PS and ISC in their efforts to engage with subject-matter experts, the Assembly of First Nations and other First Nations organizations and groups, as well as federal, provincial and territorial partners, to co-develop a legislative framework for First Nations policing services. A related priority is to provide legal advice in relation to urgent and emerging First Nations policing needs under the current program framework. This also includes related litigation support.
• Fisheries and Oceans Canada in the development of a plan for the long-term implementation of Atlantic First Nations’ treaty right to fish in pursuit of a moderate livelihood.
• Canadian Heritage to develop and introduce legislation to combat the proliferation of hate and the abuse and exploitation of children online.
• The Minister of Housing and Diversity and Inclusion in developing a National Action Plan on Combatting Hate, including bolstering Canada’s Anti-Racism Strategy.
• Health Canada (HC) in relation to the Canada Health Act and strengthening Canadians’ access to medical and dental care, prescription drugs, and associated services.
• Canada Revenue Agency in its sustained efforts to combat tax evasion and avoidance and ensure the fairness and integrity of the tax system, as well as in its responsibilities for administering new social benefit programs to deliver on the Government’s Affordability Plan for Canadians.
• The Office of the Superintendent of Financial Institutions in its organizational transformation, which focuses on culture, data and the supervisory framework of financial institutions, as well as the financial risks related to digitalization and climate change.
• Environment and Climate Change Canada on its initiatives, activities and actions to reduce emissions of greenhouse gases.
• Treasury Board Secretariat (TBS) in its strategic policy review of government programs and policies focusing on achieving net-zero emissions, improving fairness and equality, and promoting quality of life and growth. The Department will also help TBS to advance the Government Digital Agenda by replacing outdated information technology systems, modernizing the way government delivers benefits and services to Canadians, and exploring digital-delivery approaches for major projects that better serve Canadians, such as a trusted digital identity platform for Canadians.
• Natural Resources Canada (NRCan) for the proposed Atlantic Loop Project, an 825km electricity transmission line from Quebec to New Brunswick and Nova Scotia with a target service date of 2030. Specifically, the Department will assist in drafting commercial agreements and in providing advice with respect to the Crown’s legal duty to consult and on any environmental and regulatory implications.
• NRCan for the implementation of the Critical Minerals Strategy, including delivering programming streams to help increase the competitiveness of Canadian critical mineral exploration, development, processing, manufacturing and recycling.
• Public Services and Procurement Canada in advancing government-wide Supplier Diversity Action Plan initiatives to increase the diversity of bidders on government contracts, including small businesses and businesses led by Indigenous people, Black and racialized Canadians, women, 2SLGBTQI+^{Footnote 1} Canadians, and other underrepresented groups.

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 and Justice Canada’s values, commitments, and related principles and directives.

Justice Canada will collaborate with client departments on litigation positions that consider all government departments and include early resolution or settlement, resolution through government initiatives and programs, or legislative and regulatory reform. A cross-governmental approach will continue to be applied.

More specifically, the Department will continue to:

• Advance approaches to litigation strategy for the Government of Canada consistent with the United Nations Declaration on the Rights of Indigenous Peoples, 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.
• Strategically manage litigation and litigation management frameworks, for example in responding to class actions.
• Collaborate with client departments in support of the strategic management of litigation cases involving Indigenous peoples, using a whole-of-government approach, favouring resolution, settlement, and opportunities to narrow litigation.
• 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 involving the Government of Canada.

Legislative Services

In addition to legal advisory and litigation support, the Department will continue to provide high-quality drafting services to federal departments and agencies in delivering on the Government of Canada’s legislative and regulatory agenda. For example, the Department will provide legal support to:

• Innovation, Science and Economic Development (ISED) with respect to the modernization of the Personal Information Protection and Electronic Documents Act and introduction of the Digital Charter Implementation Act. The Department will also provide legal support to ISED to modernize the Investment Canada Act and to strengthen Canada’s ability to respond to economic-based threats to national security.
• Finance Canada by providing legal advisory services relating to housing affordability, transfers for healthcare, dental care benefits, financial institutions and the safety and security of the financial system, as well as legislative drafting services relating to federal taxation. Justice Canada will also support Finance Canada in the preparation of Budget 2023 and the related Budget Implementation Acts.
• HC with respect to the independent review and the parliamentary review of Bill C-39, An Act to amend An Act to amend the Criminal Code (medical assistance in dying), including any possible legislative or regulatory work that may be required to address concerns over the provisions governing mental illness.
• Global Affairs Canada and other departments and agencies to pursue the identification, seizure, forfeiture and redistribution of assets seized under Canada’s sanctions legislation. The Department will also lead on drafting any applicable Orders-in-Council, bring applications for forfeiture to provincial superior courts, and defend government decision making if challenged in the context of a judicial review.

Gender-Based Analysis Plus

Gender-Based Analysis Plus (GBA Plus) is an analytical approach used to support the development of responsive and inclusive initiatives, including legislation, policies, programs, and services. An intersectional GBA Plus approach helps to clarify who is impacted by an issue and how it affects them by taking into consideration different identity factors that go beyond biological (sex) and socio-cultural (gender) differences. It includes the examination of a range of other intersecting identity factors (including age, sexual orientation, disability, education, language, geography, religion and spirituality, racialization and ethnicity, culture, immigration status, and economic status). In addition, GBA Plus involves the analysis of structural and systemic barriers, including developing mitigation strategies to address them and to achieve more inclusive and equitable results for Canadians.

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. For example, they will inform the Department’s work to help combat intimate-partner and gender-based violence and self-harm involving firearms in the course of supporting PS, CBSA and the RCMP in the implementation of measures to reduce firearms-related crime and deter illicit access to firearms. The implementation of the guiding principles will help foster greater gender equality and diversity and inclusive outcomes that are responsive to the needs of diverse groups of Canadians. Integrating a GBA Plus approach into 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 specifically in negotiating and applying the dispute-settlement provisions in Canada’s Free Trade Agreements and Foreign Investment Promotion and Protection Agreements, the Department will continue to advocate for increased diversity, including in the appointment of arbitrators and panelists appointed to adjudicate disputes under international treaties.

The Department will also continue to support the Government’s commitment to employment equity, diversity and inclusion in the federal public service. This will be done by providing integrated legal advisory and drafting services on the development of policies and regulatory changes for equity-seeking groups and on the development of the Federal Internship Program for Canadians with Disabilities and other 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 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, specifically 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 support for a number of other SDGs, including SDG 5 (Gender Equality), SDG 6 (Clean Water and Sanitation), SDG 10 (Reduced Inequalities), and SDG 11 (Sustainable Cities and Communities).

Departmental activities that will contribute to advancing SDGs include:

• Providing legal advisory services to CIRNAC and ISC to assist them with their continued work to eliminate all long-term drinking water advisories on reserves and co-develop safe drinking water legislation, which support the SDG’s objective of ensuring access to water and sanitation (SDG 6).
• 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).
• 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 (OAS)) 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).
• Continuing to require legal agents acting for the Minister to abide by Canada’s anti-corruption and anti-bribery legal framework in Canada and abroad (SDG 16, target 16.5).
• 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, Commonwealth Secretariat, OAS) (SDG 16, target 16.11a).
• Providing legal advisory services with respect to the identification, investigation and mitigation of threats posed by ideologically motivated violent extremism and terrorist activities, including those related to online harms and combatting hate, to counter the growing presence of these threats (SDG 11).
• Providing legal support in implementing Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms), including support to help municipalities create safer communities, to help combat intimate-partner and gender-based violence and self-harm involving firearms, and to counter gun smuggling and trafficking (SDGs 11, 16, target 16.4).
• Providing legal advice to address systemic inequities in the criminal justice system and to reduce the overrepresentation of First Nations, Inuit and Métis. The Department will continue to support Indigenous-led community engagement in the areas of crime prevention, policing and diversion, courts, corrections, and reintegration, as well as collaboration between Indigenous groups and government (SDGs 10, 11, 16).

Innovation

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, as part of the Digital Exchange Platform Pilot, the Department will be able to share information electronically via a SharePoint site without involving the court or third-party process servers. In addition, as part of the second phase of the Next Generation Litigation Software project, Justice Canada plans to establish a government-wide standing offer of software solutions that are available to departments and agencies to facilitate the management of litigation holds and the identification and preservation of documents in response to requests made by litigation teams.

In 2023–24, the Department will also test the Nuix Discover document review platform^{Footnote 2} on the Secret-cleared Government of Canada Secure Infrastructure (GCSI). This will allow for improved collaboration between departments active on GCSI that are working on documents in support of litigation. Finally, Justice Canada will continue to explore the secure exchange of documents with client departments and other parties (including the courts) using electronic platforms (Titan File, CaseLines Application, MS365, etc.). Since courts will likely choose to use different tools, counsel may need to work within multiple cloud-based document-sharing platforms. As part of this work, the Department intends to establish guidelines on document-sharing platforms with external stakeholders.

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 be weakened if not actively maintained. To mitigate these risks, the Department will advance its priority of strengthening client-centric partnerships by continuing to improve business processes, provide meaningful legal risk assessments, and act as 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. The Department will also continue to update the Legal Services Client Feedback Survey to ensure it remains relevant and aligned with client needs.

Planned Results for Legal Services

The following table shows, for Legal Services, the planned results, the result indicators, the targets and the dates to achieve targets for 2023–24, as well as 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

The following table shows, for Legal Services, budgetary spending for 2023–24, 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 Legal Services

The following table shows, in full-time equivalents, the human resources the Department will need to fulfil this core responsibility for 2023–24 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 is a shared responsibility among a broad range of players, including Parliament, the judiciary, federal departments and agencies, partners in provincial, territorial and municipal governments, 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. It also 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), family law (including marriage and divorce), access to justice, bijuralism^{Footnote 9}, 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. In addition, 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 remains committed to engaging with other federal departments and agencies, provincial, territorial, municipal and Indigenous governments, 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, program and operational responses) that take into consideration the lived experiences of Canadians; and implementing reforms to improve the criminal, family and youth justice systems and to promote public confidence.

In 2023–24, the Department will continue to support the Minister of Justice and the Government of Canada in implementing legislation to ensure that the justice system is relevant and accessible, just, and fair for all.

The Department will focus on implementing criminal justice system reforms to address the overrepresentation of First Nations, Inuit and Métis, Black and racialized Canadians, and members of marginalized populations in the criminal justice system by:

• Continuing to collaborate with Black communities in the development of Canada’s Black Justice Strategy (CBJS). The development of the CBJS will be informed by broad and inclusive consultations with Black communities, experts and stakeholders that reflect the diversity of backgrounds, experiences and expertise of Black communities across Canada. These consultations will be complemented by the review of existing literature and studies on the treatment and experiences of Black individuals with the criminal justice system.
• Continuing to co-lead, alongside PS, the Pan-Canadian Strategy to address the overrepresentation of Indigenous people in the criminal justice system (PCSOI). Further actions will include the FPT Aboriginal Justice Working Group’s continued work on concrete actions in the identified priority areas of the PCSOI, which may support other key initiatives, such as the Indigenous Justice Strategy (IJS), the implementation of the Truth and Reconciliation Commission’s Calls to Action 30 and 38 on eliminating the overrepresentation of Indigenous adults and youth in custody, and the MMIWG Calls for Justice. This work is undertaken collaboratively via the FPT Aboriginal Justice Working Group, which also serves as the main conduit for the IJS provincial and territorial engagement.
• Supporting the implementation of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, which received Royal Assent in November 2022. This new law repeals all the mandatory minimum penalties in the Controlled Drugs and Substances Act, as well as those for certain offences under the Criminal Code, provides the courts with greater judicial discretion to impose sentences and allows for greater use of early diversion programs, and further provides that past and future convictions for simple possession are to be kept separate and apart from other criminal convictions after a certain period of time.
• Improving the collection and use of disaggregated data by conducting and commissioning research under the Justice Data Modernization Initiative, including establishing agreements and contracts for research aimed at predicting the potential for social interventions within and outside of the justice system to reduce criminalization and overrepresentation of Indigenous and racialized people in the criminal justice system.
• Understanding perceptions of key justice issues through a GBA Plus lens applied to the National Justice Survey (NJS). The NJS annually collects information on confidence in the justice system and topical justice issues. Data are collected in a way that allows for disaggregation by gender as well as other intersecting identity factors such as age, region, Indigenous identity, ethnocultural group, education, income, and labour force characteristics. In 2023–24, the data for the 2023 National Justice Survey will be published and the data for the 2024 National Justice Survey will be collected. These data can be used to support the development of programs, policy and legislation.

The year 2023 marks 20 years since the Youth Criminal Justice Act came into force. To mark this milestone, Justice Canada will lead an internal review of Canada’s youth criminal justice system. This legislation, along with broader youth justice renewal initiatives, has been extremely successful in meeting policy objectives that were set out in the late 1990s with respect to youth criminal justice, such as reducing the number of cases going into the courts and the number of youth going into custody and increasing the use of early intervention measures to divert less serious cases out of the system. Despite the successes, challenges remain, including the continued overrepresentation of Indigenous and Black youth in the criminal justice system and issues that youth face in transitioning out of the youth justice system. The review will highlight successes achieved over the past 20 years and will identify policy priorities to address ongoing challenges.

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

• the Government’s commitment to address online safety, including hate propaganda and the sexual exploitation and abuse of children, through amendments to the Criminal Code, the Canadian Human Rights Act, and the Mandatory Reporting Act.
• Canada’s criminal justice priorities on the international stage (including the United Nations, the Canada – United States Cross-Border Crime Forum, the Council of Europe, the Organization for Economic Co-operation and Development (OECD), the Organization of American States (OAS) and the Commonwealth).

In an effort to strengthen Canadians’ confidence in the judicial system, Justice Canada 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 it is fair, effective and efficient. The Department will 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 on appointees.

Justice Canada will also continue to support the implementation of the new language rights provision in the Divorce Act, which is intended to ensure that Canadians in every part of the country can obtain a divorce in the official language of their choice. The former Bill C-78, 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, provides provinces and territories with the flexibility needed to implement the new language rights provision at different times, in light of their readiness to do so. As announced in Budget 2019, Justice Canada is receiving funding over five years, which started in 2020–21, to support the implementation of the new language rights provision, which will be provided to provinces and territories through two of the Department’s existing Transfer Payment Programs: The Canadian Family Justice Fund and the Access to Justice in Both Official Languages Support Fund.

The Department will continue to lead the substantive review of the Privacy Act – including engagement with Indigenous partners – to develop specific proposals to amend the Act that 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, which extends the right to access one’s personal information to all individuals, whether or not they are in Canada, the Department will continue to support the Treasury Board Secretariat and other federal government institutions with respect to the implementation of the Order, which came into force in July 2022.

In 2023–24, the Department will provide legal advice and support in relation to Canada’s federal laws on medical assistance in dying.

As laid out in Budget 2018, the Department will continue to contribute to regulatory reform that focuses on supporting innovation and economic growth. Specifically, Justice Canada will support the implementation of the roadmaps from the first round (2018–19) and the second round (2019–21) of the Targeted Regulatory Reviews, which were delayed as a result of the demands and changes in priorities associated with the COVID-19 pandemic. These roadmaps set out public deliverables, present requirements on drafting services, and impact government-wide prioritization of regulatory initiatives.

Justice Canada will also continue to support the drafting of Annual Regulatory Modernization Bills. This initiative was established as part of Budget 2018 to support departments in updating their enabling authorities in a way that would promote regulatory modernization. It is also used to implement, in part, the legislative amendments identified in the regulatory reviews.

Planned Results for Justice System Support

The following table shows, for Justice System Support, the planned results, the result indicators, the targets and the target dates for 2023–24, 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 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 (DTCFP).

The DTCFP will continue to implement the funding announced in Budget 2021 by negotiating and entering into new funding agreements with provinces and territories for Drug Treatment Courts for fiscal years 2023–28. Drug Treatment Courts allow non-violent offenders with problematic substance use to complete a court-monitored drug treatment program as an alternative to incarceration. The DTCFP contributes to the Canadian Drugs and Substances Strategy led by Health Canada and provides court-monitored treatment and community service support for eligible non-violent offenders whose offence was motivated by substance abuse.

The Department will also continue to explore opportunities to promote the use of restorative justice in the criminal justice system. More specifically, the Indigenous Justice Program provides financial support to Indigenous community-based justice programs that offer culturally relevant restorative justice alternatives in appropriate circumstances. The Department will also continue its work with provincial, territorial and Indigenous community partners to support the implementation of Gladue Principles in the justice system, particularly post-sentence Gladue aftercare community programming. In addition, in 2023–24, it will put in place an Indigenous Partnership Fund to support the capacity of Indigenous partners to continue to participate in the implementation and monitoring of the UN Declaration Act.

In 2023–24, Justice Canada will continue to work in consultation with provinces, territories and Indigenous partners to develop an Indigenous Justice Strategy (IJS) to address systemic discrimination and the overrepresentation of Indigenous people in the criminal justice system. Justice Canada recognizes that the development of an IJS must be informed by First Nations, Inuit, and Métis peoples. The overrepresentation of Indigenous people in the criminal justice system is a serious and complex issue rooted in systemic discrimination and Canada’s legacy of colonialism. Making meaningful, lasting changes is just as complex and require a long-term commitment to transform not only legislation, policies, and programs, but also the way the federal government, provinces, and territories collaborate with Indigenous communities and organizations. The IJS is being developed using a broad, collaborative, inclusive, distinctions-based and regionally based engagement process with Indigenous peoples, provinces and territories, and justice stakeholders and practitioners, consistent with the principles set out in the UN Declaration Act, respecting existing relationships, and embodying the spirit of nation-to-nation and Inuit-Crown, government-to-government relations.

Budget 2021 announced $11 million over three years to support Indigenous-led engagement on actions in the areas of crime prevention, policing and diversion, courts, corrections, and reintegration, as well as collaboration between Indigenous groups and the federal government. Through a call for proposals, the Department was able to provide grants to support 38 Indigenous communities and organizations to take on the work of conducting their own engagement processes throughout the 2023–24 fiscal year. The Department is expecting to receive interim reports on Indigenous-led engagement from partners in December 2023. In addition, the Department is supporting Justice-led engagements that are taking place alongside those of Indigenous partners in 2023–24. Together, both Indigenous-led engagements and Justice-led engagements will contribute to the development of the IJS, which is intended to be shared with partners in 2024.

Planned Results for Justice System Support

The following table shows, for Justice System Support, the planned results, the result indicators, the targets and the target dates for 2023–24, 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 (FVS) and efforts to support the implementation of the Missing and Murdered Indigenous Women and Girls National Action Plan.

Throughout 2023–24, the FVS will continue to:

• Undertake activities that increase access to victim services and improve the experience of victims of crime in the criminal justice system, particularly in the context of the wide range of current justice related national actions and strategies that have a victim component or that will impact victims of crime.
• Strengthen partnerships and seek opportunities for collaboration in support of culturally grounded victim services and for families of missing and murdered Indigenous women, girls and 2SLGBTQIA+ people. This includes the intention to continue policy and program support for Family Information Liaison Units to ensure families have access to all the available information they are seeking about their missing and murdered loved ones from multiple government sources as well as access to available community based supports.
• Work with governmental and non-governmental partners to implement the Canadian Victims Bill of Rights and other victim-focussed federal legislation.
• Increase awareness of ongoing and emerging victim issues and enhance capacity among criminal justice and allied professionals to respond, in a trauma-informed and culturally responsive manner, to the varied needs and experiences of victims across Canada (based on the nature of the crime, the victim’s community, age, cultural background or gender).

Through the Justice Partnership and Innovation Program (JPIP), the Department will continue to support activities that respond to changing conditions affecting Canadian justice policy. For instance, the JPIP will support:

• Projects to increase access to culturally appropriate and accessible legal information, supports and advice for racialized communities across Canada by helping these communities increase their understanding of the law and their rights, exercise those rights in legal matters, and make informed decisions.
• Projects that promote the revitalization of Indigenous laws and legal traditions, in support of the implementation of the Truth and Reconciliation Commission’s Call to Action 50. This initiative will support renewed relationships with Indigenous peoples through the funding of projects that will support the development, use and understanding of Indigenous laws.
• Pilot Community Justice Centre (CJC) projects. CJCs are an innovative approach for moving justice out of the traditional courtroom and into a community setting, bringing together justice, health, and social services to collectively address the root causes of crime, break the cycle of offending, and improve public safety and community well-being.

The Department, through the Victims Fund and the JPIP, will continue to support projects that will help victims of sexual assault and intimate-partner violence with improved access to independent legal advice and representation. This initiative supports the implementation of the Federal Strategy to Prevent and Address Gender-Based Violence, led by Women and Gender Equality (WAGE).

The Department will continue to develop innovative approaches to Indigenous justice systems, guided by the TRC Calls to Action (CTAs) and the MMIWG Calls for Justice. In particular, the Department will lead negotiations on administration-of-justice agreements with Indigenous partners by working collaboratively with interested Indigenous organizations and communities, as well as provinces and territories. Justice Canada is currently engaged in negotiations at approximately 18 tables across the country to advance the priorities of Indigenous communities to reclaim jurisdiction over the administration of justice and the revitalization of Indigenous laws, legal systems and traditions. This work will continue in 2023–24. Further, Justice Canada will work to identify obstacles to the enforcement and prosecution of First Nations laws by developing recommendations and identifying pathways to implementation through enforcement-related tripartite forums, including the Ontario Tripartite Collaborative Table.

The above initiatives provide a foundation for the development of a new conceptual framework for Indigenous nations 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.

The Department remains committed to addressing the MMIWG Calls for Justice, including by continuing to contribute to the Horizontal Initiative Reporting Framework on Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ People to help track the implementation of initiatives related to justice that are reflected under the Justice Theme of the Federal Pathway, which is a component of the National Action Plan. As noted in the first Federal Pathway Annual Progress Report, a number of initiatives and investments have supported the implementation of key pieces of legislation and policy to strengthen Indigenous-led community-based programs and build an Indigenous Justice Strategy. The second MMIWG Federal Pathway Annual Progress Report is expected to be released in 2023. The Department will also continue to advance the implementation of the Justice-led TRC CTAs, including providing support to other government departments as appropriate. Moving forward, Justice Canada will continue to work closely with CIRNAC on communicating progress in responding to the TRC CTAs. This will include quarterly and as needed updates to the Reconciliation webpage, hosted on CIRNAC’s website, and the inclusion of links to CTAs in related communications efforts such as ministerial announcements, statements and social media campaigns.

To help sentencing judges take into consideration the disadvantages and systemic racism that contribute 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 the Legal Aid Program, the Department will provide contribution funding to provincial governments and legal aid service providers for the provision of legal aid services to economically disadvantaged persons. Specifically, through an increased investment in criminal legal aid, funding to provincial governments will help address the overrepresentation of Indigenous people, individuals from Black and other racialized communities, as well as those with mental health issues before the criminal courts. The Department will continue to work with provincial and territorial partners by providing funding for the management of State-Funded Counsel cases where the Attorney General of Canada is ordered by a court to provide funded defence counsel.

In addition, the Department will provide funding to support the delivery of immigration and refugee legal aid in seven provinces. I&R legal aid funding supports access to justice for economically disadvantaged asylum seekers and individuals involved in certain immigration proceedings.

The Program will also provide funding to support public legal education and information and legal advice for those who experience workplace sexual harassment. 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.

In addition, the Indigenous Courtwork Program will provide funding for Indigenous courtwork services, which help support Indigenous people in contact with the justice system to obtain fair, just, equitable and culturally relevant treatment. Justice Canada will work with provincial and territorial partners to implement the funding announced in fall 2020 to support the writing of Gladue reports, as well as the final year of Family Court funding announced in Budget 2021.

The Canadian Family Justice Fund supports activities and services for Canadian families experiencing separation and divorce. In 2023–24, activities will continue to include funding projects to implement amendments to the Divorce Act, specifically updating public legal education and information. In addition, the Fund will 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 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.

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 and enhance the vitality of official language minority communities. In 2023–24, this will include funding 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.

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

Justice Canada will continue to support the safe, efficient and effective operation of criminal proceedings, with a view to enhancing access to justice for all participants during the pandemic and beyond as well as assessing and supporting ways to reduce delays and backlogs in the criminal justice system. For instance, it will lead the monitoring of former Bill S-4, 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), which will help address the challenges faced by criminal courts, particularly those caused or highlighted by the COVID-19 pandemic by granting courts increased flexibility in criminal proceedings; enhancing rules for remote hearings; and, improving processes for jury selection, telewarrants and fingerprinting. The Department will also support the Minister in his role as co-chair of the Action Committee on Court Operations in Response to COVID-19. The Action Committee will encourage reflection upon, and learning from, the experience of Canada’s courts in response to the COVID-19 pandemic. It will consider the legacy of the pandemic in Canada’s courts, in terms of innovative practices that should be retained and challenging situations that need to be addressed, such as case backlog and delays. In recognition of the unique position of Indigenous peoples in Canadian society, the Action Committee has established an Indigenous Advisory Group to support the Action Committee’s mandate and ensure Indigenous perspectives are considered.

The Office of the Federal Ombudsperson for Victims of Crime (OFOVC), which operates at arm’s length from the federal government, will continue to provide direct information, referrals and complaint-review services to victims of crime, their family members or representatives, victim-serving agencies, and other stakeholders. In addition to its direct work with victims, the Office will also work to ensure that policy makers and other criminal justice personnel are aware of victims’ needs and concerns and to identify important issues and trends that may negatively impact victims. A new Ombudsperson, Benjamin Roebuck, was appointed and started on October 24, 2022.

Planned Results for Justice System Support

The following table shows, for Justice System Support, the planned results, the result indicators, the targets and the target dates for 2023–24, 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 to help achieve 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. Key data to help support the application of a GBA Plus approach will be gathered through the annual National Justice Survey, which collects disaggregated data on the public’s knowledge of and attitudes towards key justice issues in Canada. The Justice Data Modernization initiative will be used to collect and analyse disaggregated data aimed at informing responses to the overrepresentation of Indigenous people and Black and other racialized groups in the criminal justice system.

For instance, Justice Canada will continue to apply a GBA Plus lens in its response to the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, as well as in the subsequent National Action Plan. Further, this lens will continue to be applied to the implementation of the Truth and Reconciliation Commission Calls to Action. This approach will help ensure that the proposed initiatives reflect the diverse perspectives and voices of Indigenous peoples, including Elders, Indigenous women, men, youth, and gender-diverse and 2SLGBTQI+ individuals.

With respect to the new conceptual framework for Indigenous groups to assume a greater role in the administration of justice within their communities, the Department is committed to including the perspectives and experiences of diverse groups within Indigenous communities, specifically Elders, women, youth, and 2SLGBTQI+ persons, throughout the various phases of the process, as well as addressing their particular needs. Administration-of-justice agreements are expected to help reduce the victimization of certain groups through the development of community-led and community-focused justice agreements. The Department intends to emphasize GBA Plus considerations in discussions with Indigenous communities about the administration of justice.

The Department’s engagement approach with Indigenous people, their representative organizations and other Indigenous groups on the implementation of the UN Declaration Act will be broad, inclusive and distinctions-based to ensure that the diverse views of Indigenous partners across the country are taken into consideration, including women, Two-spirit and gender-diverse individuals, Elders and youth, and people with disabilities. The design and delivery of engagement activities are aligned with a GBA Plus approach and are inclusive and accessible for diverse participants, as well as being culturally safe and respectful of key Indigenous protocols, principles and traditions.

Projects under the Legal Aid Program 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, legal education and information, as well as legal advice, have been provided to support diverse population groups, including women, Indigenous, racialized, and 2SLGBTQI+ persons, and persons with disabilities, as well as rural and remote communities across Canada. Special focus will continue to be placed on assisting groups that are disproportionately impacted by workplace sexual harassment, such as workers in low-wage and/or precarious jobs, those who provide personal services, and women in general, especially those who work in male-dominated industries, and newcomer women.

Funding for criminal legal aid supports economically disadvantaged individuals, many who are overrepresented before the courts, including Indigenous people, individuals from racialized communities and those affected by mental health and addiction issues. Funding for Impact of Race and Culture Assessments provides Black and other racialized offenders with pre-sentencing reports that inform judges of the systemic racism and other disadvantages the offender has faced.

Individuals receiving immigration and refugee legal aid are very likely to belong to one or more of the following vulnerable groups: newcomers from a wide range of ethno-cultural origins; non-official language speakers with limited knowledge of English or French; 2SLGBTQI+ individuals; and persons with possible/probable personal histories of trauma.

In support of increasing access to the justice system for racialized communities, the Department will provide contribution funding through the JPIP to projects that will develop culturally appropriate and accessible legal education and information and access to free independent legal advice for diverse racialized communities, including Indigenous communities.

Finally, as part of the Federal Strategy to Prevent and Address Gender-Based Violence, the Victims Fund and the JPIP will support projects that provide access to free legal advice and representation for victims and survivors of sexual assault and intimate-partner violence. In addition, the JPIP will support improvements to 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.

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 Sustainable Development Goal (SDG) 16 and provides a focal point for the Government’s efforts to promote access to justice for all, domestically and internationally. The Department is building on existing efforts to foster a more inclusive society through ongoing initiatives to collect disaggregated data to help measure progress on SDG 16. Justice Canada will continue to champion a people-focused approach to justice and the advancement of the overall 2030 Agenda among key partners and stakeholders.

Departmental activities that will contribute to advancing sustainable development goals include:

• Contributing 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, such as providing input to a second Federal Pathway Annual Progress Report by June 2023, which will serve as an accountability mechanism in relation to progress on MMIWG Calls for Justice (SDGs, 5, 10, 16).
• Leading discussions on administration-of-justice arrangements with Indigenous partners, as well as collaborative work with interested Indigenous organizations and communities and with provinces and territories (SDGs 10, 16).
• Engaging with Indigenous partners in relation to the Privacy Act modernization initiative (SDGs 16).
• Implementing the UN Declaration Act (SDGs 5, 10, 16).
• Protecting Canadians from online harms, including through the proposals set out in former Bill C-36, An Act to amend the Criminal Code and the Canadian Human Rights Act and to make related amendments to another Act (hate propaganda, hate crimes and hate speech) (SDGs 5, 16).
• Participating in multilateral international negotiations and forums (e.g., United Nations, G7, Council of Europe, Commonwealth Secretariat, OAS, and OECD) aimed at promoting a rules-based international order and the rule of law at the national and international levels and ensuring equal access to justice for all. This would include 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 a UN Convention on Cybercrime (SDGs 3, 4, 5, 10, 11, 16, 17).
• Reviewing the Justice Pro Bono Policy and associated processes with a view to updating the policy and enhancing opportunities for participation (SDGs 10, 16).
• Collaborating with the U.S. Justice Department’s Office for Access to Justice on a range of issues of mutual interest, including the sharing of innovative data collection and research efforts on systemic racism and the overrepresentation of Indigenous people and Black people in the criminal justice system (SDGs 10, 16).
• Contributing to international initiatives aimed at strengthening the rule of law, reinforcing democratic values and enhancing access to justice, such as the OECD Global Access to Justice Roundtables and its Justice Advisory Group, the Open Government Partnership, and the Justice Action Coalition led by Pathfinders for Peaceful, Just and Inclusive Societies (SDG 16).

Innovation

The Department of Justice Canada will continue to innovate and test improvements in program design and delivery to enable agile responses to legal, policy, business and corporate needs. For example, through the Justice Data Modernization Initiative, Justice Canada will partner with Statistics Canada to improve the collection, use, quality and availability of disaggregated data. This will allow for the examination of how government interventions can reduce criminal justice system involvement, with a focus on reducing overrepresentation of Indigenous, Black and racialized people in the criminal justice 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 population groups. The pilot phase of this work began in 2022–23 and will continue until 2024–25.

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 the 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, as well as trauma-informed, anti-oppressive, and respectful. This people-centred and evidence-based approach will inform departmental decision making that responds 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 UN Declaration Act, and the development of the Pan-Canadian Strategy, relies heavily on maintaining productive relationships with external partners. 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 those representing Indigenous women and 2SLGBTQI+ individuals, as well as federal, provincial, territorial and industry partners and other stakeholders. This will include advancing work through alternative and 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, for Justice System Support, budgetary spending for 2023–24, 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 fulfil this core responsibility for 2023–24 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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