Program Activity Architecture (PAA) for Fiscal Year 2012-13

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The Program Activity Architecture (PAA) sets out the Department’s Strategic Outcomes and Programs. Descriptions are provided.

Program Activity Architecture (PAA) for Fiscal Year 2012-13

[Description]

Strategic Outcome A: A fair, relevant and accessible Canadian justice system

Ensuring that the Canadian justice system is fair, relevant and accessible is a responsibility that does not lie with the Department of Justice alone; rather, it involves a broad range of players, including Parliament, the judiciary, federal departments and agencies, partners in provincial, territorial and municipal governments, a broad range of non-governmental organizations and stakeholders, and, ultimately, all Canadians. The Department plays a major part in this by carrying out its fundamental role in establishing, maintaining and refining the Canadian legal framework.

This Strategic Outcome is supported by two program activities: Stewardship of the Canadian Legal Framework and the Office of the Federal Ombudsman for Victims of Crime.

Program A1: Stewardship of the Canadian Legal Framework

Under Canada’s federal system, the administration of justice is an area of shared jurisdiction between the federal government and the provinces. Through this program activity, the Department fulfils its responsibility to ensure a bilingual and bijural national legal framework for the administration of justice by developing policies and laws and testing innovative approaches to strengthen the framework within the following domains: criminal law, youth criminal justice, sentencing, marriage and divorce, access to justice and Aboriginal justice. This program activity also includes significant ongoing funding to provinces and territories in support of their responsibility for the day to day administration of justice.

SP A1.1 Criminal Justice

The Department develops and coordinates all federal policy and legislation in the area of criminal law, including: monitoring developments in criminal law and policy, procedure, security and terrorism, and sentencing; the development and implementation of options for criminal law and policy reforms including through legislation; and, the provision of advice to other departments in matters related to the criminal law. The Department works closely with the provinces and territories in support of their responsibility for the day to day administration of justice. The Department also responds to Parliamentary business involving criminal law matters, including government bills, private members’ bills and Parliamentary reviews. Through its criminal justice expertise, the Department also supports the government's international priorities related to justice - namely, the provision of policy advice in the development of Canada's international justice policies, the negotiation and implementation of international norms dealing with global crime and security issues in international fora, as well as the provision of technical assistance to foreign countries seeking to reform their justice systems.

SSP A1.1.1 Youth Justice

The Department takes a multi-faceted approach to emerging youth justice issues and to enabling greater community / citizen participation in the youth justice system. The Department is responsible for the legislative framework governing the youth justice system (i.e., the Youth Criminal Justice Act) and provides grants and contributions funding to provinces, territories, other levels of government and community stakeholders to support programming that encourages a fairer and more effective youth justice system. The Department administers three youth justice transfer payment programs – Youth Justice Fund, Youth Justice Services, and Intensive Rehabilitative Custody and Supervision.

SSP A1.1.2 Illicit Drugs

The Department takes a multi-faceted approach in relation to drug laws and related initiatives. This approach includes the National Anti-Drug Strategy (NADS), which is a horizontal initiative led by the Department of Justice working in collaboration with twelve federal departments and agencies. The Strategy coordinates and funds efforts to prevent illicit drug use, treat dependency, and reduce the production and distribution of illicit drugs. This includes assessing the need for, and developing proposals for law reform to address drug crime; improving strategies for enforcement; and ensuring effective and strong penalties for serious drug crime. Under the Treatment Component of NADS, the Department manages the Drug Treatment Courts Funding Program which addresses the challenges created by drug-addicted offenders in the criminal justice system. The objectives of this program are to promote and strengthen the use of alternatives to incarceration for drug-addicted offenders, to build knowledge and awareness about drug treatment courts, and to collect information and data on the effectiveness of drug treatment courts.

SSP A1.1.3 Victims of Crime

The Department seeks to give victims of crime a more effective voice in the criminal justice system. The Department applies a ‘victims’ lens’ to all criminal law reform and criminal justice policy development for which the Department of Justice is responsible, and collaborates with other federal departments to ensure a consistent approach to victims issues. Grants and contributions funding is provided through the Victims Fund to provincial and territorial governments and non-governmental organizations in order to encourage projects and initiatives that promote access to justice for victims of crime, enable victim participation in the criminal justice system, and to support increased awareness about victims issues and available services. In addition, the Department provides limited financial assistance to victims, conducts research and funds surveys, develops public information, and sponsors special projects.

SSP A1.1.4 Integrated Market Enforcement Teams Program

The Integrated Market Enforcement Teams (IMET) Program involves the Department of Justice Canada, Finance Canada, the Public Prosecution Service of Canada (PPSC), Public Safety Canada and the Royal Canadian Mounted Police (RCMP). The purpose of IMET is to effectively enforce the law against serious criminal capital market fraud offences in Canada, and ultimately to contribute to improved Canadian and international investor confidence in the integrity of Canada’s capital markets. Its main activities include the prevention, investigation and prosecution of serious criminal market fraud. Through the Reserve Fund, the Department of Justice encourages provinces to participate in the IMET Program and to play a role in the prosecution of IMET-generated cases by providing funding to Provincial Attorneys General to defray exceptional costs related to these prosecutions.

SP A1.2 Family Justice

The Department provides analysis, advice and litigation support in areas of marriage, divorce, and child support and custody/access enforcement. The Department develops and implements policy and program initiatives and family law reforms in consultation with provinces and territories. The Department also delivers services that assist in the enforcement of support orders and agreements and the detection of duplicate divorce proceedings. The aim of Departmental family justice activities is to contribute to the development and maintenance of a child-centered family justice system that facilitates access to justice and encourages parents to comply with their family obligations.

SP A1.3 Access to Justice

Through the Access to Justice Program, the Department of Justice seeks to enable Canadians to obtain the information and assistance they need to resolve their legal issues whether in the formal justice system or through alternative resolution mechanisms. The Department promotes access to justice through research, programs and policy initiatives, as well as through funding of non-governmental organizations, Aboriginal groups, communities, provinces and territories.

SSP A1.3.1 Legal Aid

The Legal Aid Program provides funding to the provinces for criminal legal aid for economically disadvantaged persons accused of serious and/or complex criminal offences (including anti-terrorism legislation) and who are facing the likelihood of incarceration and for youth charged under the Youth Criminal Justice Act. In addition, since 2001 the Department provides funding to six provinces (Alberta, Quebec, Manitoba, British Columbia, Ontario and Newfoundland and Labrador) for the provision of Immigration and Refugee legal aid services.

SSP A1.3.2 Special Advocates Program

The Special Advocates Program supports the Minister of Justice’s responsibilities in Division 9 of the Immigration and Refugee Protection Act by establishing and maintaining a list of private lawyers approved by the Minister who may act as special advocates; by providing timely access to information by the named person to assist in choosing a special advocate; and by ensuring that special advocates are provided with adequate administrative support and resources. The special advocates regime under the Act is intended to strike the appropriate balance between the named person’s right to a fair hearing and the need to protect confidential security information from disclosure. Special advocates represent the interests of the permanent resident or foreign national when evidence is heard in the absence of the public and of the person and their counsel. Special Advocates are funded by, but not affiliated with, the Government.

SSP A1.3.3 Court-Ordered Counsel in Federal Prosecutions

The Department provides funding to the provinces, territories and their legal aid delivery entities to provide court ordered funded counsel to individuals who do not qualify for legal aid. These cases involve federal prosecutions where the criminal charge is serious and there is a likelihood of incarceration upon conviction. This program reduces the likelihood of a lengthy delay of proceedings until the prosecuting authority arranges court-ordered counsel for the accused.

SSP A1.3.4 Justice Partnership and Innovation Program

The Department provides contribution funding to non-governmental and Aboriginal organizations, and to provinces and territories to support short-term projects that promote or support newly reformed justice systems or to support initiatives that are aimed to improve the delivery of justice services. The long-term goal of the program is to contribute to policy development to ensure that the justice system remains accessible.

SSP A1.3.5 Justice in Official Languages

The Department seeks to improve access to justice in both official languages through the management of the Access to Justice in Both Official Languages Support Fund and to the implementation of the Department’s duty to take positive measures to fulfill the federal government’s commitment contained in section 41 of the Official Languages Act towards the development of official language minority communities and the promotion of English and French.

SSP A1.3.6 Contraventions

The Contraventions Act allows the federal government to designate federal statutory offences as contraventions so that they can be processed using a ticketing system in order to reduce the burden on the court system, the costs for the accused and the government and to limit the impact of a conviction based on a federal offence. To that end, the federal government uses existing provincial summary proceedings schemes to prosecute federal contraventions. The Department of Justice supports the implementation of the Act through policy development, provision of implementation advice and financial assistance through the Contraventions Act Fund. The Fund enables the provinces and municipalities to implement the Act on behalf of the federal government in a manner consistent with the applicable constitutional and legislative language rights involving in particular the compliance with judicial services as set out in sections 530 and 530.1 of the Criminal Code and extra-judicial services as set out in Part IV of the Official Languages Act.

SSP A1.3.7 Access to Justice Services in the Territories

The Department provides contribution funding, through Access to Justice Services Agreements, to the Yukon, the Northwest Territories and Nunavut to support the provision of Legal Aid (both criminal and civil), Aboriginal Courtwork Services and Public Legal Education and Information. The funding agreements address the territorial request for greater flexibility to meet the unique needs and circumstances (geographical, cultural and linguistic) in the Territories as well as ensuring that the Department supports access to justice services for all northern Canadians. The Territorial governments are responsible for the management and administration of their access to justice services programs.

SP A1.4 Aboriginal Justice

The Department assists Aboriginal people in creating, administering, and accessing a fair and culturally-sensitive justice system. In partnership with provinces, territories and Aboriginal communities, the Department develops informed and responsive policies for ongoing and effective program delivery. In addition, the Department supports the development of capacity at the community-level to increase knowledge and effectively navigate the mainstream justice system and culturally-relevant justice alternatives. Aboriginal Justice is a shared responsibility across levels of government.

SSP A1.4.1 Aboriginal Justice Strategy

The Department enables Aboriginal communities to have increased involvement in the local administration of justice and, as such, provides timely and effective alternatives to mainstream justice processes in appropriate circumstances. Programs are aimed at reducing the rates of victimization, crime and incarceration among Aboriginal people in communities, and helping the mainstream justice system become more responsive and sensitive to the needs and culture of Aboriginal communities. The Aboriginal Justice Strategy is comprised of two funding components: "Community-Based Justice Programs" which provides support to culturally-relevant community-based justice programs in partnership with Aboriginal communities and provincial and territorial governments, and "Capacity Building" which supports capacity-building efforts in Aboriginal communities in relation to building increased knowledge and skills for the establishment and management of community-based justice programs.

SSP A1.4.2 Aboriginal Courtwork Program

The Aboriginal Courtwork Program improves access to justice by helping Aboriginal people in contact with the criminal justice system to obtain fair, equitable and culturally-sensitive treatment. Provinces determine how services will be provided and usually contract with third party Aboriginal service delivery agencies. The Department provides contribution funding to the service delivery agencies to support the provision of direct services (information, non-legal advice and referrals) to all Aboriginal people (adult and youth) in conflict with the law and to facilitate communication between criminal justice system officials and Aboriginal people in contact with the criminal justice system.

Program A2: Office of the Federal Ombudsman for Victims of Crime

This program activity raises awareness of the needs and concerns of victims in areas of federal responsibility provides an independent resource that addresses complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act that apply to victims of offenders under federal supervision, and assists victims to access existing federal programs and services.

The Office of the Federal Ombudsman for Victims of Crime was established in 2007 as an arm’s-length program activity of the Department of Justice. The Ombudsman reports directly to the Minister of Justice and, as such, the Office falls outside the Department’s governance framework. The Office receives corporate services support from the Department.

The mandate of the Federal Ombudsman for Victims of Crime, which relates exclusively to matters of federal responsibility, is:

  • to promote access by victims to existing federal programs and services for victims;
  • to address complaints of victims about compliance with the provisions of the Corrections and Conditional Release Act that apply to victims of crimes committed by offenders under federal jurisdiction;
  • to promote awareness of the needs and concerns of victims and the applicable laws that benefit victims of crime, including promoting the principles set out in the Canadian Statement of Basic Principles of Justice for Victims of Crime with respect to matters of federal jurisdiction, among criminal justice personnel and policy makers;
  • to identify and review emerging and systemic issues, including those related to programs and services provided or administered by the Department of Justice or the Department of Public Safety, that negatively impact victims of crime; and
  • to facilitate access by victims to existing federal programs and services by providing them with information and referrals.

Strategic Outcome B: A federal government that is supported by high quality legal services

Under the Department of Justice Act, the Minister of Justice and Attorney General of Canada provides high quality legal services to the federal government and its departments and agencies. According to section 4 of the act, the Minister is the legal member of the Queen’s Privy Council responsible for seeing that the administration of public affairs is in accordance with the law. Under section 4.1 of the act, the Minister is responsible for drafting and reviewing all government regulations prior to registration to ensure conformity with the Statutory Instruments Act and all government bills prior to tabling in Parliament to ensure that the bills are not inconsistent with the Canadian Charter of Rights and Freedoms. Additionally, under section 5 of the Department of Justice Act, the Attorney General is responsible for advising the heads of government departments on all matters of law and for conducting all litigation for any federal department or agency of the Crown with respect to any subject within the authority or jurisdiction of Canada.

The Department seeks to attain this strategic outcome through one program activity: Legal Services to Government.

Program B1: Legal Services to Government

The Department of Justice provides an integrated suite of high quality legal advisory, litigation and legislative services to the Minister of Justice and to all federal departments and agencies to support them in meeting the Government’s policy and programming priorities and to advance the overall objectives of the government. Services are provided through: a network of departmental legal services units co-located with client departments and agencies; specialized legal capacities within national headquarters; and, a network of regional offices and sub-offices providing legal advisory and litigation services to federal departments and agencies across the country.

Program C1: Internal Services

Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

C1.1.1 Management & Oversight

Management and Oversight Services involve activities undertaken for determining strategic direction, and allocating resources among services and processes, as well as those activities related to analyzing exposure to risk and determining appropriate countermeasures. They ensure that the service operations and programs of the federal government comply with applicable laws, regulations, policies, and/or plans.

C1.1.2 Communications

Communications Services involve activities undertaken to ensure that Government of Canada communications are effectively managed, well coordinated and responsive to the diverse information needs of the public. The communications management function ensures that the public – internal or external – receives government information, and that the views and concerns of the public are taken into account in the planning, management and evaluation of policies, programs, services and initiatives.

C1.1.3 Legal

Legal services involve activities undertaken to enable government departments and agencies to pursue policy, program and service delivery priorities and objectives within a legally sound framework.

Legal services Class of Record

C1.2.1 Human Resources Management

Human Resources Management Services involve activities undertaken for determining strategic direction, allocating resources among services and processes, as well as activities relating to analyzing exposure to risk and determining appropriate countermeasures. They ensure that the service operations and programs of the federal government comply with applicable laws, regulations, policies, and/or plans.

C1.2.2 Financial Management

Financial Management Services involve activities undertaken to ensure the prudent use of public resources, including planning, budgeting, accounting, reporting, control and oversight, analysis, decision support and advice, and financial systems.

C1.2.3 Information Management

Information Management Services involve activities undertaken to achieve efficient and effective information management to support program and service delivery; foster informed decision making; facilitate accountability, transparency, and collaboration; and preserve and ensure access to information and records for the benefit of present and future generations.

C1.2.4 Information Technology

Information Technology Services involve activities undertaken to achieve efficient and effective use of information technology to support government priorities and program delivery, to increase productivity, and to enhance services to the public.

C1.2.5 Travel and Other Administrative Services

Travel and Other Administrative Services include Government of Canada travel services, as well as those other internal services that do not smoothly fit with any of the internal services categories.

C1.3.1 Real Property

Real Property Services involve activities undertaken to ensure real property is managed in a sustainable and financially responsible manner, throughout its life cycle, to support the cost-effective and efficient delivery of government programs.

C1.3.2 Material

Materiel Services involve activities undertaken to ensure that materiel can be managed by departments in a sustainable and financially responsible manner that supports the cost-effective and efficient delivery of government programs.

C1.3.3 Acquisition

Acquisition Services involve activities undertaken to acquire a good or service to fulfil a properly completed request (including a complete and accurate definition of requirements and certification that funds are available) until entering into or amending a contract.

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