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.
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.
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
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
|
|
|
|
|
Supreme Court of Canada
|
50
|
Operating expenditures
|
|
|
|
|
50
|
Adjustment*
|
|
|
|
|
(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
|
|
|
|
|
(S)
|
Contributions to employee benefit plans
|
|
|
|
|
Total Agency
|
|
|
|
|
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
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 |
|