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[Table of Contents]
Sustainable DEvelopment Strategy
2001-2003

Appendix A - Achievements Under the 1997 Sustainable Development Strategy

OBJECTIVES AND COMMITMENTS ACHIEVEMENTS
Objective 1: Enhance the Department's capacity to promote sustainable development by improving the awareness and knowledge of the relevant issues by Departmental staff
Provide ongoing information and education Justice has developed a legal checklist and legal precedent materials
Create a sustainable development module in Justice's Continuing Legal Education Program Continuing legal education has included
  • Providing training in many areas of sustainable development law
  • Posting reference materials on new internal Web sites
  • Networking with organizations such as the Canadian Bar Association (CBA)
Conduct training on domestic implementation of international obligations Justice has developed a training module on this topic
Review clients' business plans and Sustainable Development Strategies to anticipate legal demands Under Justice's Client Driven Services program, Justice reviews client priorities such as Sustainable Development Strategies annually to anticipate legal demands
Objective 2: Improve the Department's understanding of the linkages between sustainable development and the Department's legal and policy services
Co-sponsor research by the Canadian Bar Association (CBA) on linkages between law and sustainable development Justice has made a financial contribution to a CBA publication on this subject
Explore opportunities for collaborative research on sustainable development and the law with the Law Commission of Canada In 2000, the Law Commission started developing a research project on sustainable communities. Justice and the Law Commission have agreed on an ongoing exchange of information that will assist both the Law Commission project and Justice's participation in the federal government's sustainable communities initiatives
Contribute to sustainable development research by the federal government's interdepartmental Policy Research Initiative In 2000, the Policy Research Initiative incorporated sustainable development into its research priorities. Justice will contribute to future research concerning the linkages between social cohesion and sustainable development, under the current Sustainable Development Strategy
Identify key relationships between sustainable development and the mandate of the Department of Justice Justice has studied key issues in evolving areas of sustainable development law

Justice has joined the sustainable communities initiative, which helps identify linkages with Justice's social policy mandate
Objective 3: Identify and advise on the legal status and significance of the federal government's obligations related to sustainable development
Research sustainable development commitments of client departments, and of the federal government As noted under Objective 2, Justice has studied key areas of sustainable development law which affect the legal responsibilities of its client departments
Ensure that legal advice reflects the government's sustainable development obligations The information and education described under Objective 1 have helped to achieve this goal
Add a "Sustainable Development and Law" module to the client training provided under Justice's Legal Awareness Program Justice has trained clients in a number of key areas, including environmental assessment, contaminated lands, marine oil spills and enforcement of regulations
Cooperate with the Auditor General study on international sustainable development obligations Justice has shared information on international obligations with the Auditor General
Ensure legal drafting is consistent with the government's sustainable development obligations Justice has achieved this in drafting sustainable development legislation and other legal instruments, including the Canadian Environmental Protection Act, 1999, the Nuclear Safety and Control Act, and the Mackenzie Valley Resource Management Act, amendments to environmental assessment regulations, and dispute settlement rules for the NAFTA environmental agreement
Objective 4: Support law reform to enable the federal government to promote sustainable development more effectively
Review laws to identify barriers to access to the justice system Justice has supported clients in major reviews of sustainable development legislation, including the Canada Shipping Act, the Canadian Environmental Assessment Act and the Canadian Environmental Protection Act (CEPA). The review of CEPA resulted in increased rights to information and legal recourse for the public
Promote use of alternatives to the traditional regulatory command and control approach Justice has supported a number of key client initiatives, such as legislation to establish pollution prevention as an alternative to pollution control, under the Canadian Environmental Protection Act, 1999

Justice has been an active member of the International Association for Public Participation.

Justice and Treasury Board have initiated the Legal Risk Management Project which, among other things, will examine the alternatives to legally based approaches
Objective 5: Through a sustainable development network, ensure that the Department provides consistent and high-quality legal advice on sustainable development issues to the federal government
Create a Departmental sustainable development network Justice has created the overall network, as well as issue-specific networks for key issues
Designate contact persons on sustainable development issues in Legal Services Units and operational areas The departmental sustainable development network will serve this purpose
Develop guidelines for incorporating sustainable development considerations into legal advice and the drafting of statutes and regulations The information and education described under Objective 1 have contributed to this goal

To increase accessibility of the law, Justice has also initiated a pilot project for plain language drafting of legislation and a program to harmonize legislation to fully reflect both civil law and common law traditions
Ensure that advice and standard forms for procurement, contributions and property and related transactions fulfil sustainable development considerations Justice has developed a legal checklist and a range of standard clauses for this purpose
Add sustainable development to the agenda of Justice's International Law Coordination Committee Justice's International Law Unit and issue-specific networks have ensured that there is good coordination
Deliver legal technical advice to developing countries on the rule of law and human rights Justice has done this. For example, Justice worked with the Department of Justice of Ukraine and CIDA to launch the School of Legislative Drafting in Kiev, Ukraine, in 1999
Determine the need for prosecution guides for environmental and resource laws Justice has updated the prosecution guide for the Canadian Environmental Protection Act to reflect the transition to the new Canadian Environmental Protection Act, 1999. A prosecution guide for the proposed Species at Risk Act will be developed after this new legislation has been passed
Incorporate sustainable development into Justice's Policy Project Plan checklist (the checklist used to develop new Justice policy proposals) This has been completed
Promote more efficient litigation and dispute resolution The Legal Risk Management Project will address issues concerning efficient management of litigation

Justice and Treasury Board have jointly established a Dispute Resolution Fund. Projects with sustainable development implications supported under the Fund have involved environmental assessment, regulatory offences under the Canadian Environmental Protection Act, 1999, the Responsible Fishing Strategy of the Department of Fisheries and Oceans, and hearings by the National Energy Board concerning pipeline routes
Work with other departments on crosscutting sustainable development issues Justice has provided consistent advice to all departments on crosscutting sustainable development legal issues, such as environmental assessment
Include sustainable development in communications briefings to management and staff Justice has done this through electronic bulletins, environmental awareness materials, and the information and education described under Objective 1
Include reference to implementation of the Sustainable Development Strategy in training Justice has carried out training as described under Objective 1
Objective 6: Reduce the direct environmental impact of the Department's operations through stewardship and environmental management activities
Sub-Objective 6.1: Reduce pollution and waste
Gaseous emissions
Carbon Dioxide
Reduce carbon dioxide emissions by 10% from 1997 to the end of 1999


To reduce carbon dioxide emissions, Justice has
  • increased use of electronic communications;
  • implemented a telework policy;
  • reduced vehicle use through group mail delivery;
  • distributed information on the benefits of public transit; and
  • banned vehicle idling at loading docks.
Unfortunately, Justice has not been able to measure performance against the specific target
VOCs
Reduce emissions of Volatile Organic Compounds (VOCs) and other pollutants by 10% from 1997 to the end of 1999

To reduce VOCs emissions, Justice has
  • encouraged use of high-speed photocopiers, which emit lower levels of VOCs
  • required environmentally friendly cleaning products in its two main headquarters buildings
Unfortunately, Justice has not been able to measure performance against the specific target
Special Projects
Minimize emission of VOCs and other pollutants in special projects as the need arises, with base year and timing to be determined according to the project involved

This was done in the refurbishment of Justice's two main headquarters buildings
Liquid effluents
Reduce effluent output by 30% from 1997 to the end of 1999

Unfortunately, Justice has not been able to measure performance against this target
Send 100% of liquid effluent from copiers for proper disposal by the end of 1998 By the end of 1998 all photocopiers were powder based rather than liquid based, eliminating this concern
Solid waste
Reduce packaging and paper waste by 50% from 1990 to the end of 1999 (i.e. 81% waste diversion, based on best available data)

Justice exceeded the target in headquarters buildings based on 1997 data (87% diversion) and 1998-99 data (average 85% diversion)

Regional performance data has not been available
Reduce other wastes by 50% from 1995 to the end of 1998 (i.e. 76% overall waste diversion, based on best available data) Justice came close to the target in headquarters buildings (71% diversion in 1997 and average 73% diversion in 1998-99)
Regional performance data has not been available. Recycling programs in some Regions have been less extensive than in headquarters, and therefore the rate of waste diversion has probably been lower
Recycle 100% of used toner cartridges by the end of 1997 Justice has met the target in its two main headquarters buildings
Recycle 100% of batteries and fluorescent light tubes by the end of 1998 Recycling is expected to be in place in headquarters by early 2001
Sub-Objective 6.2: Reduce resource consumption
Reduce paper product use by 25% from 1997 to the end of 1999 Justice has tried to reduce paper consumption by
  • increasing use of electronic communications and research materials;
  • requiring two-sided copying capacity for all photocopiers in the two main headquarters buildings; and
  • decreasing the paper consumption in the format for printing draft legislation.
Unfortunately, despite these improvements, paper use has increased significantly. Average paper consumption per employee in headquarters increased by 40% from 1998-99 to 1999-2000
Reduce energy use by 10% from 1997 to the end of 1999 In preparing its two new headquarters buildings for occupancy, Justice collaborated with Public Works and Government Services Canada in installing sensor-controlled lighting, night and weekend setback of temperature settings, and improved ventilation and humidity control

Unfortunately, Justice has not been able to measure performance against this target
Sub-Objective 6.3: Apply the existing Departmental environmental management system to action to reduce pollution, waste and resource consumption
Justice has applied the management model recommended by the Commissioner of the Environment and Sustainable Development

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