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Catalogue No. :
BT31-4/75-2004
ISBN:
0-660-62685-3
Printable Version

DPR 2003-2004
Supreme Court of Canada

Previous Table of Contents  

I: The Message from the Registrar

Looking at the period under review, I would like to underline the results achieved by the Office of the Registrar in support of the mandate of the Supreme Court of Canada. The results rest upon the collective efforts of a dedicated and professional staff whose continuous support is both necessary and appreciated.

The Court hosted the Third Triennal Conference of Francophone Constitutional Courts which enabled judges from 33 countries to share their experience on the theme of the "Fraternité". It highlighted the importance of the role of the Supreme Court of Canada at home and internationally.

On the home front, the Office of the Registrar carried out many activities to meet its objectives. Efforts to reduce delays in the processing of application for leave to appeal were successful. The retrofitting of space in the Supreme Court building has been progressing and should be completed early in the next period. Technology enhancements have been implemented carefully with a view to provide an integrated e-filing system. The public education program offered new educational tools for teachers in schools across the country. A "lock-up" for high-profile judgments was instituted as a pilot project for the media. The integrated approach to information management has progressed significantly. Preparatory work for human resources modernization is carried out to facilitate transition to the new approach in human resources management.

The next period will come with its particular challenges, but I am confident that the Office of the Registrar will continue to be well placed, from the human, technological and managerial perspectives, to provide the Court with the support it requires to carry out its very important mandate. Serving a national institution with a ever increasing visibility both at home and abroad is a mission that the Court's staff follows with pride and dedication.

II: Management Representation Statement

2003-2004 Departmental Performance Report

I submit, for tabling in Parliament, the 2003-2004 departmental performance report (DPR) for the Office of the Registrar of the Supreme Court of Canada.

This report has been prepared based on the reporting principles and other requirements in the 2003-04 Departmental Performance Reports Preparation Guide and represents, to the best of my knowledge, a comprehensive, balanced and transparent picture of the organization's performance for fiscal year 2003-2004.

Name: _____________________
Anne Roland

Registrar
Title : _____________________

Date: ________________________

III. Performance Summary

A. Summary of the Office of the Registrar's Performance

This Performance Report summarizes the achievements of the Office of the Registrar. The strategic outcome of the Office of the Registrar is to provide the best decision-making environment for the Supreme Court of Canada. Overall, the Office of the Registrar has successfully met expectations identified in its 2003-04 Report on Plans and Priorities (RPP). The results are presented in the table below.

Planned Results
2003-04 RPP
Overall Progress
Overall Assessment

Cases processed without delay

Successfully met expectations

  • Backlog eliminated
  • Time lapses reduced

An independent judiciary

Successfully met expectations

  • Independence maintained in the context of increasing visibility

Improved access to the Court and its services

Successfully met expectations

  • Backlog eliminated
  • New Rules implemented successfully
  • E-filing project progressing as planned

Ready access to a comprehensive information base (information management)

Short term expectations fully met

  • Reorganized Office of the Registrar to better address information needs
  • IM improvements underway

B. Parliamentary Committee Recommendations

During the fiscal year 2003-04, there were no parliamentary committee reports pertaining to the Office of the Registrar of the Supreme Court.

IV: Context

A. Mission of the Supreme Court of Canada

The Supreme Court of Canada is Canada's highest court and one of its most important national institutions. It hears appeals from courts of appeal of the provinces and territories as well as from the Federal Court of Appeal. In addition, the Court is required to give its opinion on any question referred to it by the Governor-in-Council.

The importance of the Court's decisions for Canadian society is well recognized. The Court assures uniformity, consistency and correctness in the articulation, development and interpretation of legal principles throughout the Canadian judicial system. Its jurisdiction is derived from the Supreme Court Act and other Acts of Parliament such as the Criminal Code.

As the final court of appeal, the Supreme Court of Canada services Canadians by leading the development of common and civil law through its decisions on questions of public importance. The Court is committed to:

  • The rule of law;
  • Independence and impartiality; and
  • Accessibility to justice.

More detailed information on the Court's responsibilities, the hearing process, and judgments is available on the Internet (http://www.scc-csc.gc.ca/).

Fiscal year 2003-04 was a year of transition for the Court with the retirement of Mr. Justice Charles Gonthier, who had served the Court for over fourteen years, and the appointment of his successor, Mr. Justice Morris Fish. The Court is undergoing still further change at this time as two members of the Court will be leaving in 2004-05.

During 2003, the Court considered some 600 applications for leave to appeal, heard 82 appeals, and rendered judgments in 81 appeals (some having been heard the previous year). Time lapses were reduced between filing of a leave application and the decision, between the date leave is granted and the hearing, and between the hearing and the judgment.

B. Outcomes of the Office of the Registrar

As mentioned previously, the role of the Office of the Registrar is to provide the Court responsive administrative and legal support services. This role includes nurturing the dedication, pride and professionalism of its employees; respecting diversity and linguistic duality; and collaborating with other courts and legal institutions.

The Office of the Registrar has a single strategic outcome - to provide the best possible decision-making environment for the Supreme Court of Canada. The planned results in support of this remain the same as those in the 2003-04 RPP. These are:

  • To process hearings and decisions promptly;
  • To ensure the independence of the Court as an institution within the framework of sound public    administration;
  • To improve access to the Court and its services; and
  • To provide the information base that the Court needs to fulfill its mandate.

The fundamental priority of the Office of the Registrar is to process cases without delay and this remains unchanged. The "change" priorities identified in the 2003-04 RPP (i.e., productivity/process improvements, accommodation, and learning) remain but have become part of three broader priorities-to build capacity in information, people, process and accommodation; to manage risks; and to increase outreach and education. The overall strategy, as summarized in the following chart, includes an internal "sound management" result which is linked to the Treasury Board Secretariat Management Accountability Framework.

Graphic showing the Plans and priorities, the outcome  and the strategic outcome

Click image to enlarge

C. Organization of the Office of the Registrar

The organization of the Office of the Registrar is shown in the chart below.

Organization Chart

Registrar

The Registrar, a Governor in Council appointee, answers directly to the Chief Justice and exercises quasi-judicial powers. She oversees all staff working for the Court. Her office provides management and support to the chambers of the nine Justices, the office of the Executive Legal Officer and the law clerk program. The Registrar also supports the Court activities linked to relations with the International Community of Judges and Jurists and other courts in Canada.

Deputy Registrar

The Deputy Registrar, a Governor in Council appointee, oversees the work of the Court Operations Sector, which includes the Registry Branch, the Law Branch, and Public Information Services and the Tour Program.

Registry
  • The Registry is the hub of all procedural and documentary activities at the Court. The Registry processes, records and directs the flow of all documents filed by the parties and records all events which take place during the life of a case. It "case manages" every leave application, appeal and motion to ensure that cases are dealt with efficiently, so that no time is wasted by Judges on procedural matters or incomplete filings. The Registry assists parties by providing information on the Court's processes and activities, schedules the Court's sittings, ensures support in the Courtroom during hearings and finalizes the documentation for cases after judgments have been rendered.
Law Branch
  • The Law Branch provides legal services to the Judges and the administration of the Court, and manages the publication of the judgments of the Court and the Registrar's legal correspondence. Staff lawyers provide legal opinions on all leave applications filed and legal editing of all reasons for decisions. The Branch also prepares and publishes the Bulletin of Proceedings and press releases outlining the Court's agenda and listing judgments rendered or to be rendered. Legal and general translation and terminology services are provided by the jurilinguists of the Law Branch supported by external translation services.
Public Information Services and Tour Program
  • Outreach and education is done through a number of channels, including guided tours of the Court building and of increasing importance, a broad range of web communications and responses to requests for information through the Court's public internet site.

Library and Information Services

Library and Information Services is comprised of the Library, Information Management, Information Technology and Special Projects. It is designed primarily to serve the Court and its business units, and through them litigants, the media and the public. These responsibilities extend to the corporate level where this centre of expertise is charged with ensuring that the management of the Court's information meets the needs of the users, and legal and central agency requirements.

Corporate Services

The administrative and operational support to the Judges and Court staff is provided by the Corporate Services, which is responsible for accommodation, finance, procurement, human resources, administration, security, and strategic planning.

D. Risks and challenges faced by the Office of the Registrar

The major risks and challenges faced by the Office of the Registrar, and the measures taken to address these are summarized below.

  • Complexity of the legal environment. The globalization of the law, democratization, human rights issues and the Canadian Charter of Rights and Freedoms create an environment where the Court is regularly faced with difficult and complex - and often high profile - issues for resolution. The pressure on the Court to "get it right" is unrelenting and daunting, which in turn places significant demands on the staff of the Office of the Registrar, who are required to undertake in-depth research and analysis, respond to requests for information from the public and media, and provide assistance to the litigants and lawyers. A number of measures have been taken in the face of this challenge, including an increased focus on individual learning and development, process improvement and streamlining, and the development of an IM strategy to facilitate access to information. These measures are discussed throughout this report.
  • Technology advancements. Technology infrastructure and the management of information are becoming more challenging. As the creation and delivery of information becomes more automated, and demands for real-time case information becomes more prevalent, the concerns over the security and integrity of data also increase. As noted above, a major focus of the last fiscal year was the development of an Information Management strategy for managing and accessing information and the modernization of the information management infrastructure. The Office of the Registrar also completed a second pilot project on e-filing (run in parallel with the traditional hard copy process), and embarked on a project to progress e-filing from the pilot stage to a "production ready" system. The Office of the Registrar also worked with PWGSC to assess the feasibility and costs of refurbishing the main courtroom in order to update the audio-visual equipment and introduce new technology for hearing e-cases.
  • Increasing demand for information. There continues to be an increase in the number of external stakeholders requesting information on the Court and the cases before it, and also in the scope and volume of information. This placed additional pressure on the Office of the Registrar to effectively manage this information, including better tools to archive information, integrate the information, and improve ease of access to legal documents. This challenge is being addressed through the development of an Information Management strategy to provide staff and stakeholders better tools and systems to access information. In addition, the Court continues to enhance its web site through the addition of new features which provide more information to interested parties.
  • Maintaining expertise and knowledge. The staffing of professional positions to support the work of the Court continues to be difficult as the pool of available resources is small. In response, the Office of the Registrar adopted a corporate learning policy and initiated the development of an individual learning process. Initial steps were also taken to develop an HR modernization plan.
  • Suitable accommodation. Maintaining suitable accommodation for staff has been a concern of the Office of the Registrar for some time. As planned, the Federal Court judges and staff vacated the Supreme Court building in June 2003. At that time, PWGSC began construction work on Phase 1 of the accommodation strategy. Treasury Board approved funding in the amount of $3.02M for this phase, i.e., the refitting of the previous Federal Court space to house Supreme Court personnel.We expect that this work will be completed in the first quarter of 2004-05. Phase 2 of the accommodation strategy includes additional accommodation priorities, including certain health and safety and security components, along with the requirements for refurbishing the main courtroom. The Office of the Registrar has submitted to the Treasury Board Secretariat a request for funding to cover Phase 2. To date, a source of funds for the submission has not been identified and obtaining funding to complete Phase 2 of the strategy continues to be a challenge.
  • Ensuring security. The increasing use of electronic information in such areas as automated case management, digital case files, digitization of administrative information, electronic production of decisions and case information available electronically through the Internet, could render the Court more vulnerable. In addition, physical security risks are higher due to heightened terrorist threats. The Office of the Registrar has initiated plans to develop and implement a strategy for dealing with sensitive court files. Further, the Office of the Registrar identified risk management as one of its overall priorities, and continued work during the fiscal year on profiling the risks within each Branch and Sector (with plans to develop a risk profile at the corporate level).
  • Unpredictable workload. Workload pressures continue to be a challenge as the volume and complexity of the cases brought before the Court cannot be predicted (see the charts below). Further information on the caseload can be found on the Court web site at www.scc-csc.gc.ca/information/statistics/index_e.asp. Serving self-represented litigants continues to be time consuming and a special challenge. An analysis of cases filed in the years 1999 to 2003 shows that up to 20% of the applicants in those cases were self-represented, which is a surprisingly high number.

Workload pressures were addressed through an ongoing process and productivity improvements, and by balancing workload with resource allocation among the activities of the Court. Process improvements included streamlining caseload management, updating and posting training and information manuals on the Intranet, and improving processes such as translation. Further, staff counsel made a special additional effort (by working extra hours) in order to eliminate the backlog of cases to be submitted to the Court. The Court also received additional funding in 2003-04 to address workload issues.

Caseload 1993 to 2003

Cases Filed

Year
Complete applications
for leave to appeal
Notices of appeal as of right
1993
486
47
1994
507
54
1995
500
57
1996
561
43
1997
637
34
1998
604
30
1999
585
15
2000
642
17
2001
621
21
2002
523
13
2003
550
12

Applications for Leave

Year
Submitted to the Court
Granted (pending)
Percentage granted
1993
513
84
16
1994
496
77
16
1995
445
67
15
1996
573
67
12
1997
615
68
11
1998
572
70
12
1999
458
60
13
2000
640
84
13
2001
668
79
12
2002
498
53
11
2003
609
67 (83)
11

Appeals Heard and Judgments

Year
Appeals Heard
Appeal Judgments
1993
133
150
1994
119
120
1995
107
103
1996
118
124
1997
104
107
1998
106
92
1999
75
73
2000
78
72
2001
96
91
2002
72
88
2003
82
81

V: Performance Summary

Total resources used in 2003-2004 towards achieving the strategic outcome for the Office of the Registrar are summarized in the table below. The Office of the Registrar is funded through a non-statutory appropriation. The entitlements to the Judges of the Supreme Court as provided in the Judges Act are funded through a statutory authority.

Business Line
Strategic Outcome
FTES
Total
($ million)
Office of the Registrar
Provide the best possible
decision-making environment
for the Supreme Court
173
27.5

Highlights of performance vis-à-vis 2003-04 RPP commitments are summarized below:

  • Process cases without delay. Feedback from stakeholders (e.g., the Judges, legal community, litigants) has been positive. The Office of the Registrar nevertheless implemented a number of internal process improvements (e.g., translation) and established aggressive production targets in order to eliminate the backlog. The average time lapses between applications, decisions, hearings and judgments are improving.
  • Independence of the Court. The Office of the Registrar ensures that the institutional independence of the Court is clearly safeguarded within the framework of sound public administration.
  • Access to Court services. E-filing remains a key strategy and progress is being made in moving e-filing from a "pilot" to "production ready" stage. A number of challenges must be overcome before e-filing can become a more attractive filing option. The other major thrust was outreach and education, through on site and virtual tours of the Court, improved media access, and better public information on the web.
  • Access to information on the cases. The Office of the Registrar has initiated a number of projects to improve the ways in which information is managed and accessed in the Court, for example, the handling of case information as part of e-filing, the storage and handling of archival information (including Judges' papers), and the way information is shared.
  • People, learning and innovation. The main focus in 2003-04 was on individual learning by developing a better understanding of competencies and therefore the learning required.
  • Sound management. Highlights included the implementation of a system to track cases, continued use of internal audit results to improve internal processes, and increased focus on risk management and performance measurement. A number of accommodation improvements were made to the Supreme Court building; however, Phase 2 that was planned to address certain health and safety concerns and refurbish the Courtroom has been stalled pending further funding.

VI: Performance Discussion

This section reports on the Office of the Registrar's performance and accomplishment towards achieving its strategic outcome and fulfilling its commitments identified in its 2003-2004 RPP. The performance framework presented below identifies the six performance results (and associated indicators) that the Office of the Registrar has begun to use to measure achievement of its strategic outcome. Over time, the Office of the Registrar will attempt to collect information on a systematic basis for each of its performance indicators.

Performance Measurement Framework of the Office of the Registrar

Graphic showing the strategic outcome

Click image to enlarge

A. Process cases without delay

Since the fundamental and on-going priority of the Supreme Court is to hear cases and render decisions, it follows that the ultimate and fundamental priority of the Office of the Registrar is to process cases without delay. Key indicators are stakeholder satisfaction, and the quality and timeliness of the service.

Stakeholder satisfaction
Stakeholder satisfaction is monitored on a qualitative basis through feedback from the judges, legal agents, and through complaints. Feedback has generally been positive. Overall key concerns are to hold steady on the time it takes to process cases.

  • Feedback from the Judges. The Registrar regularly confers with the Judges to assess their level of satisfaction regarding Court administration services, use of technology, access to information, and the Court having the necessary resources to process cases efficiently. Feedback has been positive despite very high expectations. Previous concerns with respect to the quality and timeliness of translations have been addressed and corrected in partnership with the Judges.
  • Feedback from legal community. The Registrar regularly meets with external legal agents to obtain feedback on service delivery. For example, feedback is obtained through the CBA/SCC Liaison Committee, as well as other committees and other informal communications with the legal community. Indications are that the overall level of satisfaction is high. Key ongoing concerns are the need for responsive and efficient service, including electronic access to the Court. These concerns are being addressed in several ways. Further revisions to the rules of practice of the Court, have been drafted in cooperation with outside lawyers on the Court Ottawa Agents Practice and Procedures Committee and the CBA/SCC Liaison Committee. Also, through cooperative agreements, the law firms have assisted in development of the Court's e-filing process. The continued enhancements to the Court's web site, and in particular, its publicly accessible electronic docket and hearing schedule, have contributed to an improved access.
  • Positive/negative feedback (e.g., complaints). Feedback is obtained on an individual basis through individual correspondence from litigants and legal counsel. Feedback has been positive. No overall pattern exists in terms of issues or concerns. In fact, the only pattern seems to be one of praise and gratitude for the individual care and attention that is given to every litigant in the case management of files.

Quality of service
The Office of the Registrar must provide the Judges with all the information and support they need to continue to issue well-reasoned, clear and bilingual decisions in a timely fashion. High standards of quality of service are maintained by the Office of the Registrar--a number of staff have been with the Supreme Court for many years and have extensive expertise.

  • The Office of the Registrar refined a number of internal business processes during 2003-04. For example, it redefined staff roles and responsibilities in the judgment process regarding legal and technical editing. It also improved the communications between the Judges and the revisors in the translation processes, and set new production targets for staff lawyers to greatly reduce the backlog on leave applications. The recommendations from the 2003 audit of translation services were implemented.

Timeliness of service
The Office of the Registrar maintains monthly caseload statistics on the caseload and backlog, and produces an Annual Statistical Report. Detailed information on the case workload is also available on the Court's internet site (http://www.scc-csc.gc.ca). During the last fiscal year, Court Operations established targets regarding the clearing of backlog. Following increased funding from Treasury Board to address workload pressures, the Office of the Registrar was able to deploy additional resources to the critical areas of case processing. The target date set to eliminate the backlog, i.e., March 31, 2004, was met as all 2003 leave applications that were complete were submitted to the Court by fiscal year-end.

There were improvements in the time lapses on judgments in 2003, by just over two weeks. In 2003, the Court rendered judgment, on average, 5.1 months after the hearing of an appeal. This figure included oral judgments. The average time lapse between the hearing of the appeal and the delivery of reasons (including cases where judgment was reserved and where judgment was rendered with reasons to follow) was 6.5 months. Statistics on average time lapses are provided below.

Average Time Lapses (in months)

Year
Between filing of application for leave and decision on application for leave
Between date leave granted (or date notice of appeal as of right filed) and hearing
Between hearing and judgment
1993
4.0
13.1
4.1
1994
3.4
10.5
3.0
1995
3.8
9.9
3.8
1996
4.4
11.8
3.0
1997
3.5
10.9
2.8
1998
3.9
12.0
2.8
1999
5.2
11.1
5.4
2000
5.4
12.5
5.8
2001
4.3
11.4
5.6
2002
5.7
12.2
5.6
2003
3.9
10.5
5.1

B. Independence of the Court

At the apex of the judiciary, the Court is expected to decide cases of public importance that affect Canadian citizens and governments. In this context, the Office of the Registrar must ensure that the institutional independence of the Court is clearly safeguarded within the framework of sound public administration. It requires that appropriate arms-length relationships be maintained with Parliament, the Department of Justice and the Central Agencies. The Registrar regularly confers with the Judges to assess their level of comfort that the Supreme Court is maintaining its institutional independence.

The situation of the Court gives it a wide visibility in Canada, and to a lesser extent, abroad. As such, the Office of the Registrar receives informal feedback from ongoing relationships with international, federal and provincial jurisdictions. The Supreme Court and the Office of the Registrar are well perceived. The Court's jurisprudence is regularly considered by courts in other countries. As well, international visitors show a constant interest for its administration.

C. Access to the Court and its services

The Supreme Court Act mandates that the Court hear and decide cases that raise issues of public importance. To fulfill this mandate, the Office of the Registrar must ensure that the Court is accessible and that it provides services to litigants including the processing of cases with the minimum delay.

Responsiveness
A key indicator is the provision of timely hearings and decisions. On average, in 2003, the time between the filing of a complete application for leave to appeal and the Court's decision on whether leave should be granted or denied was just under 4 months, nearly two months faster than the previous year. In 2003, appeals were heard on average, 10.5 months after leave was granted or the notice of appeal as of right was filed which was nearly two months faster than the previous year.

Another indicator is the level of satisfaction of the legal community with access to the Court and its services. As noted earlier, positive feedback has been received through the CBA/SCC Liaison Committee.

The Court's e-filing project is to simplify the e-filing interface and automate operational processes, so that e-filing becomes an attractive filing option at the court, and digital submissions can be processed as efficiently as hard copy filings. As part of the second pilot (to progress e-filing from the pilot stage to a "production ready" system), the Office of the Registrar, in partnership with selected law firms, developed a list of improvements which will be implemented in the next fiscal year.

Level of public awareness
No quantitative information exists on the level of public awareness of the Supreme Court. This being said, it is a rare day when national and local papers do not publish a story on the Court's jurisdiction, its members, the cases it will hear, or recent decisions. Outreach and education is a key priority, and includes a number of related activities:

  • Public education programs. The Office of the Registrar maintains information on the number of visitors to the Court and their feedback on the visit. Guided tours of the Court building, hosted by law students, were provided to approximately 40,000 visitors last fiscal year. Feedback received from visitors completing a one-page survey was nearly all positive. In addition, the Office of the Registrar placed special emphasis on servicing the school community. A well developed school tour program is in place, and a teacher's kit, which includes instructions for a mock trial was developed and has been extremely well received. A new exhibit for the Main Entrance Hall was also mounted. For those who cannot physically come to the Court, additional photos of the Court and more features for the virtual tour were added to the Court's web site.
  • Media relations. The Office of the Registrar is very conscious of the need to maintain the quality of media access regarding access to information, broadcasting and lock-ups. Following consultation with the Canadian Parliamentary Press Gallery ("CPPG") and the Canadian Bar Association, the Court entered into a Memorandum of Understanding with the CPPG by which members of the CPPG would, on a pilot basis and in a limited number of cases, receive the Court's judgment and reasons for judgment during a closed door information session ("lock-up") prior to public release of the decision. In a parallel lock-up at the same time, counsel of record also receives the reasons for judgment. The purpose of this pilot project was to allow members of the media, who wish to report on a decision, sufficient time to read the decision and reasons for judgment before they become public. It is hoped that this will lead to improved reporting of decisions. Pursuant to the agreement, the CPPG submitted a detailed analysis of the first experiment, and feedback was very positive. The Court has agreed to hold future lock-ups; however, as there is considerable additional work involved, these will be limited to a few cases per year.
  • International relations. The Court is an active member of the international community of judges and jurists, and remains a focal point for foreign visitors interested in the administration of justice in Canada. In this context, the Office of the Registrar helped the Court host a major international conference in June 2003 in Ottawa for the Association des cours constitutionnelles ayant en partage l'usage du français. In addition, the court received 38 official delegations from the four horizons, for sharing of information on modern court management processes. Court staff and the Judges have also been participating actively in international associations by providing a selection of decisions from the Court's database for distribution to its members and attending their meetings to discuss issues of common interest.
  • Web communications. In addition to traditional counter and telephone services, the Office of the Registrar has made a significant investment in the development of on-line Internet applications to improve access to the Court and its services. The Court offers web-based virtual tours of the courtroom, registry, and library. The Supreme Court is ranked among the top seven internet sites in Canada in terms of its accessibility.
  • Requests for information. General enquiries and requests for information by the public are increasing, resulting from a better-informed and demanding public and from the captivating issues debated in Court cases. For example, there is an ever increasing number of law students who request factums. Also, the number of phone calls, e-mails and letters from the general public is on the rise. The number of requests for files has increased steadily over the past six years from 2,612 in 1996 to 5,229 in 2004, representing a 100% increase. Staff must maintain current and complete information regarding the progress of all cases before the Court, parties and counsel involved, hearing timetables and all decisions on motions, applications for leave to appeal and appeals on the Court's public Internet site; as well as publishing in house the Bulletin of Proceedings and the official Supreme Court Reports.

In addition, in keeping with the trend in most courts across the country, there are an increasing number of self represented litigants coming to the Court. These litigants need more assistance than those who have counsel, putting extra demands on staff.

Security
Activities undertaken to maintain security included:

  • The development of an IT Security Plan. As a result of an IT Security Audit, an IT Security officer position was established and staffed. This officer has since updated, modified and amalgamated all IT security policies.
  • Handling of sensitive court files. A project was initiated to identify stronger measures and mechanisms to be put in place to mitigate risks in the case of files that contain sensitive information, in particular, cases under the new anti-terrorism legislation. This includes the development of policies and procedures for handling sensitive files, the application of the Case Management System for these files, the physical and electronic controls that need to be in place, the management controls that must be in place to ensure procedures are being followed, and the identification of the responsible parties. These measures would apply to only a small number of cases per year but the consequences of not treating these files appropriately would be severe.

D. Information Management and Technology

Information management and technology were a major focus during 2003-04. The Office of the Registrar established a separate information management/ information technology function and initiated SCC IM Strategy project. Over the next three to five years, the Office of the Registrar will develop and implement a strategy for managing and accessing its information.

Ease of access to information

Key sources of information include:

  • Case information. Enhancements to the Court's Case Management System are ongoing as users rely heavily on this application. Online reports are being created to satisfy the growing demand for information from counsel. The Office of the Registrar must ensure ease of public access to information such as Court decisions, as well as ease of access by judges and employees to historical case information and other legal documents. The pilot project for e-filing is on schedule. It will enable counsel to electronically file documents to initiate cases, as well as documents relating to existing cases. Information received electronically will be transferred to the Case Management System and to staff counsel and judges who deal with the case.
  • Library. With approximately 200,000 volumes, the Library of the Supreme Court provides the research base for the Court. The Library's extensive collection comprises statutes, law reports, periodicals and treatises from major common and civil law jurisdictions, including Canada, the United Kingdom, the United States, Australia, New Zealand, France and Belgium. Its print, microform and electronic holdings are supplemented by access to a vast range of electronic networks and databases. It is also enriched by a valuable collection of rare books printed in the 16th, 17th and 18th centuries pertaining to the common law of England and the civil law of France. The Library also provides services to lawyers appearing before the Court, to the Federal Court of Canada, to members of the Bar and, by special permission, to others in the legal field. The results of a client survey carried out for library services indicated a high level of satisfaction.
  • Web. Real-time information is made available about cases and caseload, and virtual tours are provided of the Courtroom, registry, and library. Further, the availability of the Court's decisions on the internet both fosters and responds to the interest of foreign jurists for Canadian jurisprudence, especially with respect to the application of the Canadian Charter of Rights and Freedoms, and for insight into the role of the Court in Canadian society.

Preservation of information
As mentioned previously, archiving of Court information will be addressed through its Information Management strategy. The Court has a well-established records management function for legal files. In fact the records management function is central to the management of cases. However, outside of the legal process, the organization is relatively immature, with no formalized information management practices. The Court plans to modify its information classification schema and implement tools to assist in properly managing documents, both in paper and electronic format.

Specific challenges revolve around the introduction of information standards (e.g., metadata, classification, naming conventions), streamlined policy documentation, consistent and adequate management processes and controls (including the management of Judges' private papers), and long term archival requirements across various formats and media. An audit will be performed in 2004-05 to assist in establishing priorities as far as addressing information management risks and obstacles.

To date, the Office of the Registrar has undertaken several initiatives; including,

  • A new classification schema for administrative information (electronic and paper);
  • A retention and disposition schedule and program;
  • A project scope for the establishment of a new holdings area as well as processes for managing Judges' papers;
  • The requirements definition for scanning and imaging in the context of both using and archiving Court information; and
  • Web publishing processes and options for Internet and Intranet content management.

E. People, learning and innovation

The key indicators are employee satisfaction, an effective workforce and the quality of labour relations.

Employee satisfaction
Employees expressed a high level of satisfaction in the latest 2002 PS Employee Survey-the results showed that employees are dedicated to their jobs, believe that the Court is a good place to work and are committed to making it successful. A number of employees have been with the Office of the Registrar for a number of years. A committee was in place during the 2003-04 Fiscal Year to deal with specific issues identified from the employee survey related to classification, overtime, learning, harassment, and union relations. Although the work of the Communications Committee is excellent there is always a need to continue to improve internal communications.

Effective workforce
The Office of the Registrar strives to ensure that employees have the necessary skills required to meet future requirements of the Court, and therefore, placed increased emphasis on learning during 2003-04.

  • Learning. Significant progress was made on managing personal growth, and beginning the development of individual learning plans. As part of this ongoing commitment to continuous learning, the organization has initiated work on competencies and identifying the learning needs of employees. This information is required to develop an overall learning strategy, including assessing organizational-wide needs, developing a corporate learning plan, and implementing a learning plan toolkit.
  • HR Modernization. The Office of the Registrar has a high level plan in place to implement HR Modernization over the next two years, and has acquired additional personnel to assist with managing the implementation. Though the project still needs to be defined more clearly, the project will include assessing readiness, training managers, providing awareness sessions for employees, HR planning, training, and implementing the recommendations from the staffing audit.
  • Quality of labour relations. A Labour Management Consultative Committee arranges to meet annually with union representetives. A conflict resolution system has been put in place through a contract with the Federal Centre for Workplace Conflict Management. Last year there were no grievances at the Court.

F. Sound management

Key indicators for sound management are efficient caseload management and cost effectiveness, and conformity to the new Management Accountability Framework.

Cost effectiveness

The Office of the Registrar devotes almost all of its financial and human resources to address its number one priority, i.e.; to process cases without delay. As such, cost effectiveness means efficient caseload management. The Office of the Registrar is aware that certain types of cases (e.g., those involving self-represented litigants) require more effort and therefore increased cost over others. A system was put in place on a pilot basis last fiscal year to provide integrated information on the level of effort on cases (time spent) and caseload. Employees in Court Operations who are involved in processing cases are now recording their time spent on cases as part of this system. The Office of the Registrar will use this performance information to make process improvements, and is optimistic that this information will become over time more useful as a management tool.

Conformity to the Management Accountability Framework (MAF)
The Office of the Registrar completed a modern management capacity assessment in 2002, and an action plan for improved management practices in 2003. The modern management initiatives have been integrated into the organization's business plans. Key areas where steps have been taken to improve management practices include:

  • Risk management. The Office of the Registrar conducted an overall assessment of risks and subsequently conducted a risk assessment of each Sector. The results will be incorporated into an integrated risk management framework, including the finalized Sector risk profiles, a corporate risk profile, an integrated risk management plan, and an updated business resumption plan.
  • Performance measurement. The Sectors are at various stages of development in their performance measurement. Service standards are in place for most areas, however, performance has not always been reported against these standards, and a number of the standards need to be updated. The Office of the Registrar has initiated a project to develop an overall performance measurement framework which will be implemented over the next three years.
  • Internal audit. The Office of the Registrar ensures that an audit plan is approved and carried out each year. The results of audits have been very useful in improving services and tightening controls. The audit committee ensures that action plans, including appropriate communication, are developed and implemented in a timely fashion.

VII: Appendices

A. Financial performance overview

This section provides an overview of the financial performance using a set of various financial tables, the format being standard throughout the federal government. All figures reported under "Total Planned Spending", "Total Authorities" and "Total Actual Spending" columns of the Financial Tables correspond to amounts published in the 2003-2004 Main Estimates and in the 2003-2004 Public Accounts.

B. Financial summary tables

In 2003-2004, only the following financial tables were applicable to the Supreme Court of Canada operations:

Table 1      Summary of Voted Appropriations
Table 2      Comparison of Total Planned Spending to Actual Spending
Table 3      Historical Comparison of Total Planned Spending to Actual Spending
Table 4      Crosswalk Between Strategic Outcomes and Business Lines
Table 5      Revenues
Table 5.1   External User Charges
Table 6      Statutory Payments
Table 9      Projects

Financial Table 1 - Summary of Voted Appropriations

During 2003-2004, net additional funding for operating expenditures of $ 4.7 million was approved for the following items:

  • $3.9 million to cover additional costs to address increasing workloads; to fund additional translation costs; to improve security of the facility, the judges and staff, and the Court's information; to improve information management and access by the public to the institution and its output; and to keep pace with current accepted practices in the areas of information technology and human resources.
  • $0.7 million for the operating carry forward and funding for the modernization of comptrollership initiatives.
  • $0.1 million related to salary issues such as the ratification of the collective agreement with the CS group and compensation improvements.
Financial Requirements by Authority ($ millions)
 
2003-2004

Vote

Total Main Estimates

Total Planned Spending

Total Authorities

Total Actual Spending

Supreme Court of Canada

50

Operating expenditures

18.6

18.6

23.3

21.3

50

Adjustment*

-

4.2

-

-

(S)

Judges' salaries, allowances and annuities, annuities to spouses and children of judges and lump sum payments to spouses of judges who die while in office

4.4

4.4

4.3

4.3

(S)

Contributions to employee benefit plans

1.9

2.2

1.9

1.9

Total Agency

24.9

29.4

29.5

27.5

Note: Total Authorities are Main Estimates plus Supplementary Estimates plus other authorities.
* Adjustment due to Departmental Assessment approved by TB.

Financial Table 2 - Comparison of Total Planned to Actual Spending

The difference between the total authorities and the actual net expenditures is mainly due to delays in staffing new and vacant positions and to a reduction in discretionary pending following the December 2003 Treasury Board Secretariat announcement.

Departmental Planned versus Actual Spending ($ millions)
 
2003-2004
Supreme Court of Canada
Total Main Estimates
Total Planned Spending
Total Authorities
Total Actual Spending
FTEs
187
187
-
173
Operating1
24.9
29.4
29.5
27.5
Total Gross Expenditures
24.9
29.4
29.5
27.5
Less:
Respendable
Revenues 2
-
-
-
-
Total Net Expenditures
24.9
29.4
29.5
27.5
Other Revenues and Expenditures
-
-
-
-
Non-Respendable Revenues3
-0.1
-0.1
-0.3
-0.3
Cost of services provided by other departments
4.8
4.8
4.9
4.9
Net Cost of the Program
29.6
34.1
34.1
32.1
1 Operating Costs include contributions to employee benefit plans.
2 Formerly "Revenues Credited to the Vote". In some cases, respendable revenues can also include the statutory item "Expenditures pursuant to Section 29.1(1) of the FAA".
3 Formerly "Revenues Credited to the General Government Revenues" (GGR).

Financial Table 3 - Historical Comparison of Total Planned to Actual Spending

Net increase in spending of $5.1 million in 2003-2004 is mainly due to:

  • the implementation of Phase 1 of the accommodation strategy ($3.8 million);
  • the staffing of new positions and statutory and economic salary increases ($0.8 million);
  • an increase in statutory payments pursuant to the Judges Act ($0.3 million); and
  • the hosting of the ACCPUF conference ($0.2 million).
Departmental Planned versus Actual Spending ($ millions)
 
2003-2004
 
Actual
2001-2002
Actual
2002-2003
Total Main Estimates
Total Planned
Spending
Total
Authorities
Total Actual Spending
Supreme Court
of Canada
20.4
22.4
24.9
29.4
29.5
27.5
Total
20.4
22.4
24.9
29.4
29.5
27.5
Note: Total Authorities are Main Estimates plus Supplementary Estimates plus other authorities. 

Financial Table 4 - Crosswalk between Strategic Outcomes and Business Lines

Business line

Strategic
Outcome

Total
($ millions)

Office of the Registrar

Provide the best possible
decision-making environment
for the Court

27.5

Financial Table 5 - Revenues

Revenues ($ millions)
Non-Respendable Revenues
 
2003-2004
 
Actual 2001-2002
Actual 2002-2003
Planned Revenues
Total Authorities
Actual
Supreme Court of Canada
Judges' contributions towards annuities
0.1
0.05
0.05
0.1
0.1
Sales of goods, services and information products (Note)
0.1
0.1
0.05
0.1
0.1
Unplanned
0.1
0.05
-
0.1
0.1
Total Non-Respendable Revenues
0.3
0.2
0.1
0.3
0.3
Total Revenues
0.3
0.2
0.1
0.3
0.3
Note:
Supreme Court of Canada non-respendable revenue is comprised of various services provided to litigants and the Canadian public. Table 5.1 provides information on these external user charges.

Financial Table 5.1 - 2003-2004 User Fee Information

User Fee
Fee Type
Fee Setting Authority
Date Last Modified
Sale of Bulletin of Proceedings
Other Products and Services
Supreme Court Act
28-Feb-95
Sale of Judgements
Other Products and Services
Supreme Court Act
28-Feb-95
Sale of Certificates of Taxation and copies of Acts and Rules
Other Products and Services
Supreme Court Act
28-Feb-95
Photocopies
Other Products and Services
Supreme Court Act
28-Feb-95
Other Fees:
Filing
Security
Motion
Oath
Other Products and Services
Supreme Court Act
28-Feb-95

Financial Table 5.1 - 2003-2004 User Fee Information (in $000s dollars)

User Fee
Forecast Revenue
Actual Revenue
Full Cost

2003-04

Performance Standard
Performance Results

Sale of Bulletin of Proceedings
8.0
8.3
Not available
Exercise will be undertaken for the Management Resources and Results Structure (MRSS)
Sale of Judgements
10.0
11.7
Not available
Exercise will be undertaken for the Management Resources and Results Structure (MRSS)
Sale of Certificates of Taxation and copies of Acts and Rules
7.0
7.5
Not available
Exercise will be undertaken for the Management Resources and Results Structure (MRSS)
Photocopies
20.0
25.5
Not available
Exercise will be undertaken for the Management Resources and Results Structure (MRSS)
Other Fees:
Filing
Security
Motion
Oath
55.0
57.9
Not available
Exercise will be undertaken for the Management Resources and Results Structure (MRSS)
Total
$ 100.0
$ 110.9
 
 

Financial Table 5.1 - 2003-2004 User Fee Information (in $000s dollars)

Planning Years
User Fee
Fiscal
Year
Forecast
Revenue
Estimated
Full Cost
Sale of Bulletin of Proceedings
2004-05
2005-06
2006-07

8.0
8.0
8.0

Not available
Sale of Judgements
2004-05
2005-06
2006-07
10.0
10.0
10.0
Not available
Sale of Certificates of Taxation and copies of Acts and Rules
2004-05
2005-06
2006-07
7.0
7.0
7.0
Not available
Photocopies
2004-05
2005-06
2006-07
20.0
20.0
20.0
Not available
Other Fees:
Filing
Security
Motion
Oath
2004-05
2005-06
2006-07
55.0
55.0
55.0
Not available
Sub-Total
2004-05
100.0 
 
Sub-Total
2005-06 
100.0 
 
Sub-Total
2006-07 
100.0 
 

Financial Table 6 - Statutory Payments

Statutory Payments ($ millions)
 
2003-2004
 
Actual 2001-2002
Actual 2002-2003
Total Main Estimates
Planned Spending
Total Authorities
Actual
Supreme Court of Canada

Payments pursuant to the Judges' Act*

4.1
4.0
4.4
4.4
4.3
4.3
Contributions to employee benefit plans
1.5
2.3
1.9
1.9
1.9
1.9
Total Statutory Payments
5.6
6.3
6.3
6.3
6.2
6.2
* Includes annuities under the Judges Act.

Financial Table 9 - Projects

Construction work on Phase 1 of the accommodation strategy started in June 2003 to improve space utilization and address certain health, safety, security and accessibility concerns. The Office of the Registrar in partnership with PWGSC completed significant changes required to refit the vacated space while respecting the heritage nature of the building. This phase of the project which received Treasury Board funding in the amount of $3.02M supplemented by internal funding of $0.6M has been completed.

Projects ($ millions)
 
2003-2004
               
Office of the Registrar
Current Estimated Total Cost
Actual 2001-2002
Actual 2002-2003
Main Estimates
Total Planned Spending
Total Authorities
Actual

Implementation of Phase 1 of the Accommo-dation Strategy

3.8
-
-
3.0
3.8
3.8
3.8

C. For Further Information

Supreme Court of Canada Building
301 Wellington Street
Ottawa, Ontario
K1A 0J1
World Wide Web:
http://www.scc-csc.gc.ca/

General Enquiries Telephone: Telephone: (613) 995-4330
Fax: (613) 996-3063

Internet Access
reception@scc-csc.gc.ca

Anne Roland - Registrar
Telephone: (613) 996-9277
E-mail: reception@scc-csc.gc.ca
Louise Meagher - Deputy Registrar
Telephone: (613) 996-8666
E-mail: registry-greffe@scc-csc.gc.ca
Carolyn McDonald - Director General,
Corporate Services

Telephone: (613) 996-0429
E-mail: mcdonaldc@scc-csc.gc.ca

D. Listing of evaluations and reviews

The following evaluations and reviews were conducted in 2003-04 according to the schedule of the Internal Audit Plan of the Office of the Registrar.

A strong follow-up process is in place for audits. The results of audits are presented to the Executive Committee and Management Committee and audit results are posted on the intranet site. The audit reports are also reviewed at the annual Judges' Retreat.

Evaluation/Review
Key Findings
The Human Rights Commission carried out an employment equity audit. The results were very positive.
Staffing audit The audit examined the Court's staffing function in terms of effectiveness, efficiency, economy, compliance to policies, management control framework/practices, decision-making and reporting information, and risk management. The audit report can be found on the Court's web site.

E. Listing of Statutory and Departmental Reports

Supreme Court Reports
Pursuant to Section 17 of the Supreme Court Act, the Registrar or the Deputy Registrar, as the Chief Justice directs, reports and publishes the judgments of the Court in the Supreme Court Reports, which include all the reasons for judgment rendered by the Court in a given calendar year.

F. Legislation Administered

Supreme Court Act R.S.C., 1985, as amended
Judges Act R.S.C., 1985, as amended

 
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