Policy Statement and Guidelines for Public Participation
Department of Justice
"The Government of Canada has recognized that the legitimacy of public
institutions, the quality of public policy, and the responsiveness of public
services will require new and better mechanisms for engaging citizens and
civil society in governance."
"A challenge of all governments is to find a way to find innovative
ways to put citizens at the centre of the governing process, to engage youth
in public enterprise, and to give voice to those who find themselves on
the margins."
The Right Honourable Jean Chrétien,
Speech before the Progressive Governance for the 21st Century Conference,
Berlin, June 2000
Summary
The Policy Statement and Guidelines for Public Participation provides a policy
tool for all Department of Justice managers and officials to frame the Department's
public participation activities. The Policy Statement outlines a commitment
on the part of the Department of Justice to involve Canadians in the development
of legislation, policies, programs and services through adequately resourced
processes that are transparent, accessible, accountable, supported by factual
information, and are inclusive of Canada's diversity.
In recognition of the varied nature of issues addressed by the Department,
these policy commitments are meant to apply to areas where public input will
make the greatest contribution to the policy development process. The Policy
assigns various roles and responsibilities for making decisions with regard
to which issues are to be addressed through public participation processes and
for ensuring that the Policy's commitments are applied as outlined and
assigned.
Policy Statement
The Department of Justice Canada is committed to involving individual Canadians
and their intermediary organizations in the development, design and evaluation
of public policies, programs, legislation and services.
The Department of Justice Canada is committed to undertaking public participation
processes that are transparent, accessible, accountable, supported by factual
information and inclusive of the broad diversity of Canada. The Department is
further committed to reporting back to Canadians on how their views have been
considered in the decision-making process.
The Department of Justice Canada is committed to providing resources adequate
for effective public participation functions, expanding opportunities for departmental
officials to enrich their knowledge and expertise in public participation and
supporting the development of new public participation techniques and technologies.
The Department of Justice is committed to promoting a consultative culture
across all Sectors, Branches and Divisions of the Department by ensuring adherence
to departmental guidelines.
Scope
The Policy Statement and Guidelines on Public Participation endeavour
to frame Justice Canada's public participation activities and supports
the strategic direction of Serving Canadians, through a commitment "to
make the justice system relevant and accessible to the needs of Canadians."[1]
The Department already provides a broad number of opportunities for Canadians
to become involved in the public policy process, not all of which call for or
require consultation or engagement, such as communications activities that are
an integral part of increasing the participation of citizens in decision-making.
[2] Rather than a broad commitment to public participation
on every issue, the Policy Statement supports participation activities only
where the issues and timelines are such that public input will make a contribution
to the policy development process. Where it is determined that public participation
will form a part of the policy making process, the Department commits to ensuring
that these activities are open, meaningful, timely and properly resourced consistent
with the stated strategic direction of Serving Canadians. Determining the policy
areas that will include a public participation component is the responsibility
of the appropriate departmental authority.
At a minimum the Department must ensure the transparency of its policy development
process through the timely provision of information (including accountability
through reporting to citizens on results).
Justice Canada's policy guidelines and principles, although primarily
concerned with formal public participation activities, also apply to the informal
discussions and exchanges between Justice Canada officials and individuals affiliated
with organizations active in the justice sector and individual Canadians.
Authority
This policy is issued under the authority of the Deputy Minister, Department
of Justice.
Application
The policy statement and guidelines apply to all sectors of the Department
of Justice Canada and should be followed in all public participation processes,
whether they are targeted to citizens [3] , stakeholders
or the voluntary sector.
The policy statement and guidelines supplement the federal government's
Policy Statement and Guidelines on Consulting and Engaging Canadians [4]
published under the authority of the Treasury Board Secretariat (TBS).
While this policy statement is primarily concerned with the Department's
practices in involving Canadians in the public policy process, it also recognizes
the role of both Parliament and stakeholder groups and voluntary associations
in communicating the views of Canadians on public policy.
Given the evolving nature of public participation practices, this policy statement
and associated guidance documents will be regularly updated to reflect changes
to the government-wide policy statement and guidelines as well as ongoing developments
in the area public participation.
Relevant Policies and Guidelines
The Policy Statement and Guidelines is a key element to ensure
the realization of the objective established in the Department of Justice
Strategic Plan 2001-2005. In addition, the Policy Statement supplements
the Treasury Board Secretariat's policies on consultation and engagement
and:
Policies and guidelines applicable to the legislative and regulatory development
process;
Relevant federal Acts and Statutes such as the Access to Information Act,
Official Languages Act and the Privacy Act;
the Treasury Board Secretariat's Government Communications Policy
[5] and the Client Consultation Policy [6]
and
other current or future Acts, Statutes, policies, guidelines or directives of
application to the Department or the whole of the federal government.
Justice Canada's Vision of Public Participation
The Department of Justice is responsible for ensuring that Canada is a just
and law-abiding society with an accessible, efficient and fair system of justice
whose policies and programs that reaches deep into all communities. This unique
responsibility to Canadian society and government is included in the elements
of the Strategic Plan that address the building of the Department's policy
development capacity and the role of public participation as a contributor to
this process.
This integration of public participation into the policy process is vital to
the success of departmental and governmental initiatives, especially now that
Canada is a more diverse, educated and informed society. The Department also
recognizes that public participation is an important tool for sharing information
about justice policy issues that affect Canadians.
The results of public participation processes provide the information needed
to develop strategies and action on issues of concern to the Department, justice
and non-justice stakeholders and, ultimately, to provide the Minister of Justice
and Cabinet with an important decision-making tool on matters pertaining to
justice issues.
Justice Canada is committed to working with many different organizations in
the non-governmental, voluntary and private sector and seeks to encourage the
participation of all Canadians and stakeholders in its policy development and
operational activities especially where these affect Canadians and the evolution
of their justice system. [7] Public participation mechanisms
enable Justice Canada to identify and cope with emerging new areas of law and
policy, track new ideas and identify emerging trends in law and policy, as well
as define questions and options. In addition, public participation enables the
Department to better understand how the Department's mission and activities
impact on Canadians, consistent with the strategic direction of Serving Canadians.
The Department of Justice recognizes that meaningful public participation cannot
be a one-time process and both requires the development of an ongoing relationship
between the Department of Justice, Canadians and the many justice and non-justice
sector stakeholders. The Department also commits to adequately resource its
public participation activities to ensure that these are tailored to the purpose
and desired outcomes, the participants involved, and the time available.
As a strategic policy development tool, public participation processes are
best suited when applied to the entire policy cycle from problem identification
to option selection and, in some cases, implementation. As such, public participation
is best used where the issues and timeframes permit the early inclusion of citizens
in the policy development process — preceding, where possible, the selection
of options and decisions concerning plans for action.
Public participation involves a two-way communication process, in which all
parties listen and contribute views, information and ideas, in a process of
critical reflection and dialogue. Both provide opportunities for genuine listening,
respectful of all views and opinions.
These policy statements and guidelines supplement the Government of Canada's
Policy Statement that are part of its continuing commitment to involve citizens
in government decision-making. The Government of Canada's policy and guidelines
apply to all federal departments and agencies
As outlined in the Department's Strategic Plan, the Department is committed
to participatory processes based upon openness, trust, integrity, mutual respect,
transparency, inclusiveness and co-operation thus providing the Department with
a direct link to the ideas and concerns of Canadians. Mutual trust and understanding,
built up over time through a continuing process of involvement, discussion,
decision and follow-through (feedback), are the cornerstones of successful public
participation processes.
Context and Public Environment [8]
The Department of Justice has a long history of successfully consulting citizens
on its policy, program and legislative initiatives, the context in which participatory
processes are organized has changed significantly in the past decade. Democracy
in its many forms, including voting, participating in intermediary organizations
(also termed stakeholder groups and voluntary associations), and communicating
with elected representatives, Ministers and government officials, remains the
principal means by which Canadians participate in the development of policies,
programs and legislation. However, in recent years various forces have fundamentally
transformed Canada's social, cultural and economic landscape. As Canada's
population becomes more diverse, reflecting its multicultural make-up, and also
better educated, informed and equipped to participate in shaping the policies
that affect them, governments need to adapt their means of involving Canadians
in the policy-making process.
Canadians want to engage in the process of discussing the values that underlie
policy options and the tradeoffs and choices that must be made by decision-makers,
without wishing to impose their views on the leaders they have elected to represent
them. Citizens, stakeholders, and interest groups are increasingly unwilling
to accept the devolution of public responsibilities to lower levels of government
and/or individual citizens without the concomitant devolution of responsibility
for defining and advancing public policy issues to those same levels.
While Canadians acknowledge that traditional stakeholder groups, such as the
institutional and professional bodies, industry and business associations, as
well as the voluntary sector have roles to play, they also believe that citizens
can also participate in the process as individuals — independently from
these groups.
The federal government has responded by committing itself to enhancing the
opportunities for input on the part of the general public, interest groups and
stakeholders. This commitment was noted in two recent Speeches from the Throne
that emphasized the need to instil a stronger consultative culture across the
federal government. A critical part of this new focus is the Social Union Framework
Agreement (SUFA). The SUFA calls on the federal government and provincial governments
to "ensure appropriate opportunities for Canadians to have meaningful input
into social priorities and reviewing outcomes."
It is possible to conclude that the current trend towards greater interactive
involvement of citizens in policy making is both unavoidable, and highly desirable.
Indeed, where citizens are fully engaged in the policy process, their sense
of empowerment is increased, their capacity to act as democratic citizens is
enhanced, and the policy options available to government actively reflect the
emotive and factual motivations of their constituents. The result: better citizens
and better policy.
Public participation is, however, not a "free for all" or a panacea.
Public participation efforts must be responsive to the needs of the public,
consulting agency and the subject of the public participation. It is critical,
therefore, to recognize that each public participation process requires a flexible
approach which is appropriate to those needs. One size does not fit all.
Definitions [9]
Public participation has several facets and dimensions ranging from
public information and education through to partnerships. In terms of the departmental
commitment, public participation primarily refers to processes of public consultation
and citizen engagement.
Consultation refers to processes through which governments seek the
views of individuals or groups on policies, programs or services that affect
them directly or in which they have a significant interest. Consultation can
occur at various points in the policy development process and can be used to
help frame an issue, identify or assess options and evaluate existing policies.
Consultation includes processes such as public meetings, advisory committees,
polling and focus groups.
Citizen engagement refers to processes through which governments seek
to encourage deliberation, reflection and learning on issues at preliminary
stages of a policy process, often when the focus is more on the values and principles
that will frame the way an issue is considered. Citizen engagement approaches
include study circles, deliberative polling, citizen juries, and public dialogue.
Citizen engagement differs qualitatively from consultation in a number of ways,
including: an emphasis on in-depth deliberation and dialogue, the focus on finding
common ground, greater time commitments and its potential to build civic capacity.
In this regard, citizen engagement processes should be used selectively.
Many public participation processes will involve elements of both consultation
as well as citizen engagement mechanisms.
Operationally, public participation requires the allocation of financial and
staff resources adequate to fulfil the commitments outlined in this policy statement.
Roles and Responsibilities [10]
Building a culture of public participation in the Department of Justice is
a shared responsibility. Within this context, a variety of players have a direct
or catalytic role in supporting and implementing this policy statement and guidelines:
The Minister of Justice and Attorney General of Canada often in consultation
with Members of Parliament and Senators, provides leadership by setting policy
direction, fostering and participating in public participation initiatives and
in considering the outcomes of these processes when making decisions. As a member
of Cabinet and Member of Parliament, the Minister of Justice and Attorney General
of Canada uses the results of public participation processes to make decisions
on policy and legislative directions affecting the justice sector.
The Deputy Minister is responsible for ensuring that public participation
is an integral part of the design, delivery, and evaluation of public policies,
programs, and services. The Deputy is accountable to the Minister and the Clerk
of the Privy Council for the effective implementation of such processes in the
department as reflected in the establishment of clear lines of responsibility
and accountability; the allocation of adequate resources; provision of training
and professional development; and, given the increasingly cross-cutting nature
of public policy issues, providing support to horizontal processes. The Deputy
Minister is also responsible for ensuring that the outcomes of departmental
public participation processes are integrated into the decision-making processes,
and that these processes are evaluated.
Sector, Branch and Divisional Heads have a key responsibility for determining
which issues require public participation processes, as well as a responsibility
for planning, undertaking, and evaluating public participation initiatives.
They are further responsible for ensuring collaboration in this area, both within
the Department and, where required, between federal departments and agencies
and other levels of government.
In promoting a consultative culture in the department, Sector, Branch and Divisional
Heads must ensure that public participation skills are considered in staffing
and performance evaluations.
In addition, the following have a particular functional responsibility to support
and assist the Department's public participation activities:
Consultations Unit, Intergovernmental and External Relations Division
is responsible for assisting departmental public participation processes through
the provision of advice and support for the development of consultation plans
and strategies and logistical support. The Unit is also responsible for ensuring
that adequate training opportunities are available for departmental officials
and for maintaining a database of key justice sector stakeholders and contacts.
Regional Office Heads (including the regional offices of the National
Crime Prevention Centre) may be called to assist in the execution of public
participation initiatives in the regions, and when appropriate, suggest how
collaboration could be achieved with other levels of government within their
region.
Communications Branch is responsible for the provision of communications
support for departmental public participation activities that include strategic
communications advice and planning, the development of public information materials,
and environmental scanning and analysis.
Evaluation Division is responsible for carrying out independent assessments
of the Department's public participation processes and providing advice
and assistance to managers on self-evaluations, performance measures and results
reporting relating to these public participation activities. The Division is
also responsible for ensuring adherence to the Treasury Board's guidelines
for evaluating public participation processes.
Other Sectors or Divisions may assume particular roles and responsibilities
at particular times.
Government-wide, the Privy Council Office (PCO) and the Treasury
Board Secretariat (TBS) and Canadian Centre for Management Development
(CCMD) have been given particular responsibilities to promote and support
a consultative culture across the federal government and in the public service.
Public Participation Guidelines [11]
Operational considerations
Costs to participants:
In planning public participation processes, it is important to be aware that
individuals or groups may incur costs arising from their participation. In selecting
the appropriate method of participation, these costs must be weighed against
the intended purpose and outcome. Where relevant to achieving the goals and
objectives of the public participation, Justice Canada will consider whether
cost to participants is an impediment to participation. In such circumstances,
the Department may make provisions to defray some or all of these costs, subject
to the relevant Treasury Board Secretariat guidelines.
Providing time for stakeholder participation:
In planning public participation processes it is important to recognize the
resource constraints which affect citizen or stakeholder representatives ability
to reply to departmental requests for input. As a consequence, participants
are to be given sufficient time to adequately consider, internally consult,
and respond to the consultation within time frames which strike a reasonable
balance between the Department's needs or exigent circumstances to get
something accomplished expeditiously and the need for participants to be involved
in a meaningful way.
Sharing knowledge and Information:
Unequal access to information, or inaccurate assumptions about the knowledge
base of participants can negatively impact on the effectiveness of a public
participation exercise. As a result, Justice Canada shall endeavour to provide
complete and factual background information material to all participants equally.
In recognition of the above noted operational considerations the Department
of Justice shall ensure, wherever possible, that the following guidelines are
respected:
Approval and Planning:
- All formal public participation activities shall require the approval of
the relevant departmental authority;
- Policy plans and Memoranda to Cabinet should, where relevant, include a
section addressing what public participation activities are envisaged and,
if any, a summary plan included;
- Public participation plans shall be submitted for comment and approval by
the relevant departmental authority;
General Operational Guidelines:
- Ensure that public participation activities are inclusive of the broad spectrum
of Canadians and not limited to traditional justice sector stakeholders;
- Provide to participants a clear context for which public participation is
undertaken and decisions will be made. Ensure that participants are informed
of existing or potential linkages with other policy initiatives, issues or
public participation activities;
- Ensure that financial and staff resources correspond to the nature and scope
of the public participation. Where resources are limited this should be communicated;
- Ensure that sufficient staff resources are available to carry out the process
and trained adequately for this task;
- Ensure that clear and reasonable timelines are established for participant
input and comment and that these timelines are communicated;
- Ensure that the public participation device used is appropriate to the nature
of the issue, the target groups affected and the staff and resources available;
- Ensure that feedback to participants is built into the process and that
participants have opportunities to bring forward additional comment or input
as a result of this feedback;
- Ensure that an evaluation framework is developed and built into the public
participation plan;
- Ensure that participants, affected groups, and stakeholders are informed
of the results of the policy process and how their input was used in devising
the policy;
- Ensure that public participation processes adhere to the relevant legislation,
regulations, policies or guidelines affecting the rights and responsibilities
of individual Canadians, departmental or other officials, or other participants.
Principles [12]
Public participation processes undertaken by the Department of Justice should
respect the following guiding principles:
Commitment: |
all Sectors, Branches and Divisions share in
Justice Canada's commitment to the process of public participation
and its integration into the policy-making process; |
Clarity: |
Justice Canada shall ensure that a clear mutual
understanding of the objectives, purpose and process of participation and
feedback exists and that the parameters of the public participation activity
are established in advance and communicated to participants; |
Trust: |
Justice Canada shall ensure that open lines
of communication and working relationships are established and respected;
Inclusiveness: Justice Canada shall ensure that the participation of the
broadest possible range of groups or individuals who have an interest in
or who may be affected by a government decision is encouraged; |
Accessibility: |
Justice Canada shall ensure that appropriate
measures to ensure that all Canadians, regardless of their linguistic, regional,
ethno-cultural or socio-economic background or physical capabilities, are
able to participate; |
Mutual respect: |
Justice Canada shall ensure that departmental
officials and stakeholders share joint responsibility and commitment to
ensuring respect for the legitimacy and views of all participants; |
Responsibility: |
Justice Canada shall ensure that the Department
and participants share in the responsibility for ensuring that public participation
processes are held in good faith and that adequate resources and time are
allocated to the process; |
Accountability: |
Justice Canada shall ensure that feedback on
the outcomes of public participation processes is provided to participants
and demonstrate how these outcomes have been considered in the policy-making
process; |
Co-operation: |
Justice Canada shall ensure that provincial
and territorial governments, as well as other federal departments and agencies,
are involved where relevant and practicable, consistent with the principles
set out in the Social Union Framework Agreement. |
Cabinet Directive on Law-Making
In March 1999, Cabinet issued a directive on law-making in relation to consultations
where draft legislation itself would be part of the consultation documents.
This directive outlines the process to be used to obtain authority to consult
on what is otherwise considered to be a Cabinet confidence (i. e. a bill before
tabling). If a draft bill is intended to be used in consultation before it is
tabled in Parliament, the MC should state that intention and ask for Cabinet's
agreement. In the case of a draft bill involving changes to the machinery of
government, the approval to consult should generally be sought in a letter to
the Prime Minister from the sponsoring Minister.
Public Participation with Other Departments and Governments
Where possible, Justice Canada will make every effort to co-ordinate with other
federal departments and agencies and, to the extent feasible, with provincial
and territorial governments, to address the major issues that impact on Canada's
system of justice through:
- Joint public participation when topics are related;
- Planning public participation activities so that individuals and organizations
affected or interested in justice issues are not forced to address several
requests for participation during the same time period;
- Ensure that, wherever possible, Justice Canada's Public Participation
Policy and Guidelines are applied to joint processes.
As a joint partner in a public participation process, or as a participant,
Justice Canada will ensure that adherence to the basic principles of commitment,
clarity, trust, inclusiveness, accessibility, mutual respect, responsibility,
accountability, and co-operation are maintained.
Public Participation with the Solicitor General [13]
The Department of Justice has at different times been involved in the public
participation activities of most federal departments and agencies. It is, however,
with the Department of the Solicitor General that these activities have mostly
been undertaken. As a result of their respective mandates the two departments
share many of the issues of interest. For this reason, it is expeditious to
work in partnership to develop a policy to engage Canadians so that duplication
and overlap is avoided and to ensure the best use of resources.
The Department of the Solicitor General is responsible for protecting Canadians
and helping to maintain Canada as a peaceful and safe society. The Department's
role encompasses policing and law enforcement, national security, corrections
and conditional release.
In all public participation exercises jointly conducted with the Department
of the Solicitor General of Canada, Justice Canada will ensure that adherence
to the basic principles of commitment, clarity, trust, inclusiveness, accessibility,
mutual respect, responsibility, accountability and co-operation are maintained.
When the Department of Justice engages in joint exercises with the Department
of the Solicitor General, the conflicting departmental positions on policy will
be made clear to participants to enable them to make informed decisions. The
aim of the process will not be to choose one course of action over another,
but to simply find common ground and suggest a workable solution.
In practical terms, communication between the Department of Justice and the
Department of the Solicitor General will be ongoing. It must also be recognized
that there will be instances when one department or the other will have issues
for public participation which are of no interest to the other.
[1] Department of Justice, Strategic Plan 2001-2005,
pp. 3-4.
[2] Communications activities are the responsibility of the
Communications and Executive Services Branch. Government-wide, these activities
are governed by the government communications policy, Treasury Board Secretariat,
(1995), Guide IX: Communications, (http://www.tbs-sct.gc.ca/pubs_pol/opepubs/tb_o/siglist_e.html)
[3] The term citizen is used throughout in a non-exclusionary
fashion to mean all persons, normally resident of Canada, and not just those
having the legal status of possessing citizenship
[4] Treasury Board Secretariat, (2001), Policy Statement
and Guidelines on Consulting and Engaging Canadians (Working Draft).
[5] Treasury Board Secretariat, (1995), Guide IX: Communications,
(http://www.tbs-sct.gc.ca/pubs_pol/opepubs/tb_o/siglist_e.html)
[6] Treasury Board Secretariat (1995), Guide I: Client
Consultation,
(http://www.tbs-sct.gc.ca/pubs_pol/opepubs/tb_o/siglist_e.html)
[7] Department of Justice, Strategic Plan 2001-2005,
p. 4.
[8] Adapted from Treasury Board Secretariat (2001), Policy
Statement on Consulting and Engaging Canadians (Working Draft).
[9] Drawn from Treasury Board Secretariat (2001), Policy
Statement on Consulting and Engaging Canadians (Working Draft).
[10] Adapted from Treasury Board Secretariat (2001), Policy
Statement on Consulting and Engaging Canadians (Working Draft).
[11] These guidelines supplement the relevant Treasury Board
Secretariat guidelines and policies. For additional information, please refer
to the Department of Justice Public Participation Guide.
[12] Adapted from Treasury Board Secretariat (2001), Policy
Statement on Consulting and Engaging Canadians (Working Draft).
[13] Including the Agencies reporting to the Solicitor General
of Canada: Royal Canadian Mounted Police; Correctional Services of Canada; Parole
Board and, Canadian Security and Intelligence Service.
|