Strategic Outcomes

1. Ensuring a Fair, Relevant, Accessible Justice System that Reflects Canadian Values
• Priority 1: Promoting Access to, and Efficiencies in, the Justice System
• Priority 2: Protecting Children, Youth and Vulnerable People
• Priority 3: Aboriginal Justice Strategy
• Priority 4: Responding to international requests and advancing international human rights law
  
  
2. A Federal Government that is Supported by Effective and Responsive Legal Services
• Priority 1: Supporting our clients with high-quality legal services
• Priority 2: Establishing a sustainable funding strategy
• Priority 3: Improving Performance Management and Accountability
• Priority 4: Managing legal risk
• Priority 5: Combatting high-tech crime, organized crime and terrorism

Description

A. Ensuring A Fair, Relevant And Accessible Justice System That Reflects Canadian Values

The Minister of Justice works to ensure that the administration of public affairs is in accordance with the law, and oversses matters connected with the administration of justice in Canada outside the jurisdiction of the provinces and territories.

The Minister’s policy mandate includes responsibility for more than 45 statutes and areas of federal common law, including marriage, the Divorce Act, the Criminal Code, the Privacy Act, the Canadian Human Rights Act, the Access to Information Act, the Official Languages Act, and the Judges Act.

Within this mandate, the Department undertakes three primary program activities that work together to support a fair, relevant and accessible justice system that reflects Canadian values:

• development of policies and laws;
• delivery of programs; and
• management and coordination of strategic policies and priorities.

Developing justice policies and laws requires cooperation with other federal departments, provincial and territorial governments, and international organizations. DOJ’s policy and law development is undertaken by a multi-disciplinary workforce specializing in criminal law and criminal justice; family children and youth law and policy; public law policy, including human rights, privacy and access to information law; judicial affairs policy; aboriginal justice; and official languages. Policy development is also undertaken in the areas of international human rights and private international law.

The Department designs, implements and funds programs that advance the justice-related policy objectives of the government and contribute to the development and maintenance of a fair, relevant and accessible justice system that reflects Canadian values. This is achieved through partnerships with provinces and territories, other government departments, non-governmental organizations and communities, and through the strategic utilization of grant and contribution resources to support projects and services.

Policy advice is co-ordinated and integrated both within the Department and government wide. The Department delivers high-quality social science research and statistical services, ensures requisite expertise to evaluate its policies, programs, operations and services, manages Federal-Provincial-Territorial relations, and maintains working relationships with both internal and external groups.

Priority 1: Promoting access to and improving efficiencies in the justice system

Ensuring that the justice system is accessible to everyone means ensuring that people understand their justice-related rights and responsibilities. Consequently, the Department funds public legal education and information organizations in each province to help Canadians understand and exercise their justice-related rights and responsibilities, while also raising awareness of new developments in the justice system (for example, the impact of new legislation and developments affecting the rights of crime victims).

The Department’s Legal Aid Renewal Strategy addresses the criminal legal aid needs of economically disadvantaged people who experience barriers especially at the ‘front end” of the justice system. The Department provides ongoing funding to the provinces and territories for criminal (and civil legal aid in the territories), immigration and refugee legal aid, and additional funding to meet the needs in criminal legal aid.

The Department also works to ensure that all Canadians have access to it in the official language of their choice in both legal systems where provided for by law. The Department has undertaken initiatives aimed at ensuring respect for the right of all accused to a criminal trial in his or her official language.

As part of the Government’s larger drug strategy, the Department favours an expansion of the number of drug treatment courts in Canada. These courts represent a coordinated effort by the judiciary, prosecution and defence lawyers, law enforcement agencies, and mental health and social service communities to intervene to break the cycle of substance abuse, addiction and criminal behaviour.

Under the Victims of Crime Initiative, the Department works to improve the experience of victims in the criminal justice system. The activities include increasing access to services in the North, conducting research and consultations and developing policy to address the unmet needs of victims.

Improving efficiencies in the justice system

The Department is committed to ensure that the criminal law and the way it is used reflect Canadian realities and values in the twenty-first century. Reforms are directed at ensuring the law reflects the Charter; to reflect the evolving jurisprudence; to take account of scientific developments related to detecting and prosecuting crimes, such as DNA identification and testing; and to reflect changing social attitudes about whether and how we should use the criminal law to influence individual and corporate behaviour.

Reforms to manage mega cases will also be explored. The term “mega case” refers to a trial where the evidence is complex or there are several accused, so that the trial will be exceptionally long. Mega cases pose a host of challenges for the criminal justice system and there are no quick solutions.

The Youth Justice Renewal Initiative and its legislative and funding components have led to a new emphasis on youth justice services and programs that provide alternatives to the use of courts and custody. Preliminary results indicate a considerable reduction in the use of the formal court system and incarceration.

Priority 2: Protecting the most vulnerable, including children and youth, and promoting human dignity

The justice system should protect and secure the rights of the most vulnerable in society. Individuals may be vulnerable because of social, physical, or economic factors or because of their particular role in the justice system, as an accused, victim or witness. Vulnerable Canadians must have access to appropriate legal remedies so that our jails do not become society’s response to homelessness, mental illness, drug addiction and other conditions inadequately addressed by social services.

Strengthening the criminal law’s capacity to protect children from abuse, neglect, sexual exploitation and child pornography and facilitating their participation in the justice system remains one of government’s highest priorities. The Department proposes criminal law reforms (Bill C-2, currently before Parliament) to better protect children against abuse, neglect and exploitation, including child pornography, to facilitate the receipt of testimony by child victims and other witnesses, such as victims of spousal abuse and sexual assault and to create new offences against acts of voyeurism.

Criminal law reform will be pursued to strengthen the criminal justice system’s response to human trafficking. The Department will continue to co-lead, with the Department of Foreign Affairs, federal efforts to develop and finalize a proposed coordinated and comprehensive federal strategy to combat human trafficking that will seek to promote prevention, protection of victims, and prosecution of offenders.

Ensuring that the criminal law provides a fair regime to govern the mentally disordered while protecting public safety requires carefully crafted and balanced law reforms complemented by non-legislative initiatives to address the over-reliance on criminal-law powers. Bill C-10 (mental disorder) is currently before Parliament; consultations are under way regarding the need for other reforms.

Particular minority groups are increasingly affected by discrimination. The Department of Justice is working to combat discrimination against minority groups in concert with other federal departments to develop anti-racism policies, including policies to address racial profiling.

The Department will continue to coordinate work on Bill C-38—a bill to extend equal access to civil marriage to same-sex couples, while respecting freedom of religion. The Bill prescribes a uniform legislative approach that would apply across Canada, as announced by the Government of Canada in response to court decisions on challenges to the constitutionality of the opposite-sex requirement for marriage.

The Department works with DFAIT, and with provinces and territories on international human rights treaties, including instruments relating to the sale of children, child prostitution and child pornography and the human rights of persons with disabilities. Promoting a child-centred approach to the separation and divorce process continues to be a high priority for the Department. Child centered legislative reform to the custody and access provisions of the Divorce Act will respond to the need to focus on children and advance their best interests.

Priority 3: Achieving Aboriginal justice

Aboriginal people continue to be over-represented in the criminal justice system, both as victims and accused, and under-represented in the judiciary, legal profession and police. When Aboriginal people come into contact with the justice system as victims or accused, their needs—related to culture, economic positions and social circumstances—must be taken into account to make the system fairer and more effective for them.

The Government of Canada places a high priority on improving the interaction between Aboriginal people and the justice system. Departmental activities in support of this priority include the Aboriginal Justice Strategy (AJS), that seeks to address the over-representation of Aboriginal people in the criminal justice system.

The Department uses a grants and contributions program to support community agencies working with Aboriginal people involved in the criminal justice system. such programs include Legal Aid, the Aboriginal Courtwork Program, Crown Witness Coordinators in the northern territories, the Policy Centre for Victim issues, and the Youth Justice Policy Unit.

Priority 4: Responding to international requests and advancing international human rights law

As a model for democracy and the rule of law, Canada can offer its experience in the rebuilding of states in transition and re-establishing stable governments around the world.

Since 1990, the Department of Justice has helped countries reform their justice systems, offering expertise in a wide range of areas, including criminal justice and the organization of criminal prosecution function; anti-corruption measures; juvenile justice; legislative drafting techniques; civil code reform; and the structure and operations of a Ministry of Justice.

On the transnational and security fronts, Canada seeks to promote and protect Canadian values when international policies, standards and conventions on crime and international cooperation are developed.

B. A federal government that is supported by effective and responsive legal services.

Under the Department of Justice Act, the Minister of Justice and Attorney General provides legal services to the Government of Canada and its departments and agencies, including the provision of legal advice, the conduct of litigation and prosecutions, the drafting of legislation and the preparation of legal documents.

These legal services help the government achieve its priorities and deliver results for Canadians. Serving departments and agencies creates a distinct context for planning, setting priorities and measuring performance. We work with our clients to develop and advance those priorities, providing legal services that are responsive, timely and effective.

Priority 1. Supporting clients with high-quality legal services

The Legislative Services Branch drafts all government legislation to establish the legislative framework for government policies and programs. Bills introduced in Parliament must address the subject matter in both English and French and respect the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights along with other laws. Bills and regulations must reflect Canada’s common law and civil law traditions where appropriate. Clarity and precision in drafting legislation facilitates parliamentary debate and promotes transparency when the public is consulted on proposed laws and regulations.

Providing legal services to departments and agencies helps clients achieve results for Canadians. Justice counsel develop an understanding of clients’ business and operating environment so they can help clients fulfill their mandate and deliver their own strategic outcomes. Justice counsel often participate in clients’ most senior decision-making bodies. They contribute to policy development and help anticipate and resolve problems.

Legal services help protect the integrity of the legal framework by upholding the laws that define our rights, keep us safe and regulate our economy. This serves to promote respect for the law and for legal institutions. The Government of Canada is involved in litigation on a broad range of issues that may have a profound impact on policies, programs and finances.

Provide Prosecution Services

As Attorney General of Canada, the Minister is responsible for the prosecution of many offences under Acts of Parliament. These offences include serious criminal offences under the Criminal Code and Controlled Drugs and Substances Act, as well as regulatory offences such as tax evasion, fisheries and immigration offences. In the territories, the Attorney General of Canada prosecutes all federal offences, including all Criminal Code offences.

The key objective of prosecution is to maintain public confidence in the criminal justice system; the prosecution function is intended to ensure that Justice is done. In Canadian criminal law, crimes are considered as crimes against society; the Department’s Federal Prosecution Service (FPS) serves as the lawyer for society and represents the public interests in federal prosecutions across the country.

Under the Extradition Act, the Attorney General is responsible for the conduct of extradition proceedings on behalf of foreign states seeking the extradition from Canada of persons who have committed offences in the foreign jurisdiction. The Federal Prosecution Service also provides counsel on behalf of foreign states seeking to gather evidence in Canada under the Mutual Legal Assistance in Criminal Matters Act.

Priority 2. Establishing a sustainable funding strategy

The Review of Legal Services to Government launched in 2004-05 had the following two key objectives:

1. Improve the sustainability of legal services delivery to the Government of Canada by recommending strategies to improve legal services delivery and ensure a sustainable funding regime.
2. Identify approaches to effectively manage litigation in the federal government through an analysis of litigation drivers and trends, the documentation of best practices for managing the litigation process, and the development of recommendations for improving the efficiency and effectiveness of litigation management.

In 2004-05, the joint TBS-Justice Review Team researched and analyzed legal services delivery options, including models in other jurisdictions; analyzed the cost of legal services in the Government of Canada and the merits of various funding options; conducted a general literature review on litigation trends and drivers in federal and provincial jurisdictions; interviewed federal departments and key stakeholders on litigation trends and drivers and best practices for managing litigation; and identified opportunities for efficiencies in management the delivery of legal services to government departments.

During the winter of 2004-05, the Team launched consultations with client departments on four subject areas:

• Costing and resourcing legal services in the Government of Canada;
• Sustainable delivery and funding of legal services;
• Best practices for managing litigation; and
• Activity and performance reporting.

Priority 3: Improving Performance Management and Accountability

The Department of Justice will strengthen its capacity to manage for results by continuing development of an integrated performance measurement approach for the delivery of legal services. Work in this area will build on the achievements of the Proactive Management of the Law project, which has now been subsumed within the corporate priority of Performance Management and Accountability.

Developing an integrated performance measurement approach will require further refinement of the Department’s data collection systems and tools, including continuing the roll out of the Department’s new legal case management system, I-Case, and developing a standardized approach to gathering client feedback. This will support the implementation of the new Management, Resources and Results Structure (MRRS), which is being developed to better link the Department’s resources and management structures with performance measures and targets.

Priority 4. Managing Prosecution risk

Legal Risk Management (LRM) is a joint initiative of Department of Justice and Treasury Board. It was launched in early 2000 to help ensure the effective management of legal risks across government. LRM is one of the principal processes used by the Department to provide the highest quality legal service to the Government of Canada and its institutions. LRM is also an effective management tool.

The goal of LRM is to develop a sustainable approach to managing legal risks that will protect the interests of the Crown and minimize overall costs. LRM is the process of making and carrying out decisions that reduce the frequency and severity of legal problems that prejudice the Government’s ability to meet its objectives.

Legal Risk Management applies to policy development, to program implementation and, of course, to litigation. LRM is now part of the Department's every day operations and is practiced by client departments in partnership with Justice. Department of Justice managers and counsel are actively practicing, promoting, and leading risk management initiatives including helping clients identify, analyze and assess their legal risks.

Priority 5: Combatting high-tech crime, organized crime and terrorism

Approximately 80 percent of all federal investigations undertaken by the RCMP have international components. Globalization of the communications industry raises new investigative hurdles. A lack of legal and technical solutions, or delays in the ability to use them, hampers investigations and hence efforts to prevent crime and reduce threats to national security.

At the same time, strengthening our capacity to prevent crime, combat terrorism and enhance public security may have implications for human rights and privacy. Proposals must therefore balance these objectives with concerns about human rights and privacy.

The Department will continue to implement the Intensive Prosecution Strategy, and will work with police partners to involve prosecutors at the investigative stage of cases. In addition, Justice will collaborate closely with federal and provincial partners on several initiatives to promote more effective management of large complex cases.