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The Department of Justice is
responsible for conducting the legal
affairs of the Government of Canada
as a whole, and for providing legal
services to individual departments and
agencies. The Department operates
through the following main activities,
described in more detail in the
Departmental Profile, Annex A to
this document:
- Government Client Services include
35 Departmental Legal Service Units
that are located at client departments
and agencies, the Legislative Services
Branch that provides drafting services
and support for regulations and
legislation, and the central and
regional offices that provide legal
advisory services and conduct
litigation and prosecutions on behalf of
the government.
- Law and Policy Services ensure a
responsive, fair, efficient and
accessible national system of justice.
The Policy Sector addresses criminal
law; family, children and youth; and
public law, including human rights. It
develops policies on firearms, child
support, legal aid, young offenders
and public legal education. It also
examines federal laws and regulations
to ensure consistency with the Canadian Bill of Rights and the
Canadian Charter of Rights and
Freedoms.
- Administration and Operations
provide corporate, personnel and
information management services to
support the Department's program
delivery, internal administration and
communications.
The strategic directions of the
Department of Justice
already include working
toward an integrated justice
system that is cost-effective,
citizen-centred and
community-focused, making
it more equitable and
accessible, and strengthening
public confidence and trust
in the justice system. By
providing mechanisms to
enable public participation in
decision-making, access to
information, and integration
of key dimensions into
government decisions, the
legal system can
significantly contribute to
laying the foundation for a more
sustainable future.
Access to Law
The Department of Justice is playing a
proactive role to facilitate increased
public access to the law. With the
leadership of an Access to the Law
committee several legal instruments
and useful tools have been made
available on the Internet:
- federal Statutes and Regulations,
an annoted Access to Information
Act and Privacy Act
- summaries of major court decisions
on the Canadian Charter of Rights
and Freedoms
- legal education documents.
Various services in the Department
are considering making more
accessible other items of interest to
the public.
The Department also has the potential
to significantly impact on sustainable
development through the legal advice
it provides to its clients, both
concerning existing laws and policies
and concerning law and policy reform.
As the concept of sustainable
development becomes increasingly
salient in contemporary policy
discourse, it is anticipated that the
requirement for sustainable
development related legal work will
increase. The demand for this work
will also increase as a result of the
promulgation of sustainable
development strategies by most of
Justice's client departments and
agencies.
Although sustainable development is a
normative concept --and therefore
subject to varying opinions as to its
appropriate content --at its core lies
the objective of integrating economic,
environmental and social
considerations. In short, it recognizes
that, over time, society cannot pursue
one of these goals at the expense of
the others; rather, these objectives are
inter-related and must be addressed
together.
Accordingly, an important objective
for government should be to enhance
the degree to which decision-making
systematically and explicitly integrates
economic, environmental and social
considerations. As a service
organization, driven primarily by the
needs and demands of its clients, the
Department of Justice's main
requirement in this regard is to ensure
that it responds effectively and
proactively to the anticipated increase
in demand from its clients for legal
advice to help promote sustainable
development through integrated
decision-making. Within the context
of client service agreements, and
within available resources, the
Department will serve these demands.
This will require various functions and
activities, including gathering and
disseminating information, initiating
and managing research, monitoring
and coordinating activities, and liaising
with client departments and the Office
of the Auditor General. These
functions are reflected in the first five
objectives below. The sixth objective
then focuses upon the stewardship
actions concerning the Department's
physical operations.
SDS Objectives
- Enhance the Department's capacity to promote sustainable development by improving the awareness and knowledge of the relevant issues by Departmental staff.
- Improve the Department's understanding of the linkages between sustainable development and the Department's legal and policy services.
- Identify and advise on the legal status and significance of the federal government's obligations related to sustainable development.
- Support law reform to enable the federal government to promote sustainable development more effectively.
- Through a sustainable development network, ensure that the legal advice the Department provides to the federal government on sustainable development issues is consistent and of high quality.
- Reduce the direct environmental impact of the Department's operations through stewardship and environmental management activities.
SDS objective #6 is distinct from SDS
objectives #1 to #5 by its focus upon
physical operations. Like all federal
departments and agencies, the
Department of Justice's operations
have a direct environmental impact
through, for example, the use of
energy to light buildings, the vehicles
its employees use, and the paper use
for which lawyers are notorious.
The Department's Sustainable
Development Strategy objectives and
actions are summarized in the
following chart according to the
Department's business lines and
functions. Each objective is then
discussed in detail, with enumerated
actions.
Department of Justice Sustainable Development Strategy: Objectives and Actions
SDS Objectives/
DOJ Functions |
Objective 1:
Enhance
Capacity |
Objective 2:
Identify Linkages
Between SD
and Law |
Objective 3:
Identify and
Advise on
Government's
SD-Related
Legal Obligations
|
Objective 4:
Assist
SD-Related
Law Reform |
Objective 5:
Ensure Consistent
and High Quality
Legal Advice
Related to SD |
Objective 6:
Green Operations
and Procurement |
Department-Wide |
- Ongoing information
and education
- Training on
implementation
of international
obligations in
domestic law
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- Research on linkages between law
and SD (e. g. co-sponsor
publication with Canadian Bar Association)
- Through the SD net-work, identify key relationships between SD and Justice's mandate
- Explore opportuni-ties for collaborative research on 'SD and law' with Law Commission
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- Through the
SD network,
and in
cooperation
with clients
and the
Office of
the Auditor
General Commissioner
for Environment
and Sustainable Development,
help determine
the Federal Government's
SD related
legal obligations
from domestic
and international sources.
- Regularly update information on SD legal obligations
- Add 'SD and law' module to Legal Awareness Program
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- Review
statutes
for
inefficiencies
and identify
barriers
to access
to the
justice
system
- Assist client
departments
review statutes
they administer
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- Establish
SD network
- Work with
other
departments
on cross-cutting
SDS issues
- Develop
guide or
checklist
for incor-
porating SD
consid-
erations
in advice
and drafting
- Review need
for prosecution
guides for
environmental
and resource
laws
- Encourage integrated approach to
legal advice on
interna-tional law
- Provide assistance
on law and legal
institutions to
developing
countries
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- Apply the
4Rs to work areas:
reduce, reuse, recycle, recover
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Legal
Services
to Other
Departments (DLSUs),
Central Legal
Services (SLAS)
and Property Law |
- Review clients' legal priorities as expressed in such documents as their SDSs to anticipate legal demands
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- Research
and
advise
on SD
commitments of clients
- Continue to ensure legal advice reflects government's SD obligations
- Cooperate with OAG study on inter-national SD obligations
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- As agreed with clients, advise on
reform of legal instruments inconsistent with SD
- Promote use of alternatives to command and control regulations
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- Designate SD coordinators as part of network
- Develop and use standard forms for property and other transactions that reflect SD considerations
- Add SD to agenda of International Law Coordination Committee
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Legislative Drafting |
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- Continue to ensure legal drafting is consistent with government's SD obligations
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- Help clients amend laws, as requested
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- Apply guidelines for incorporating SD into statutes and regulations
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Litigation |
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- Continue to promote more efficient justice system and use of dispute resolution
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Policy |
- Inlcude SD, where appropriate, in public legal education and information
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- Continue to research, including research required by inter-departmental Policy Research Committee
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- Incorporate SD into Policy Project Plan checklists
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Communications |
- Help prepare and disseminate SD Information resources
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- Include SD-related items in Justice Communications briefings to management and staff
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- Provide information on 'green' operations
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Corporate Management, Information Management, Human Resources and Continuing Legal Education |
- Support SD education & training
- Improve information management
- SD module in continuing legal education
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- Reduce gaseous emissions by actions such as telework
- Reduce liquid effluent and solid waste
- Revise environmental management system
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