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Name of Transfer Payment Program: Legal Aid Systems (Voted)
Start date: August 17, 1971
End date: March 31, 2012 (ongoing)
Description: The objective of the federal Legal Aid Program is to contribute to sustaining a national system of justice, that helps to ensure that economically disadvantaged persons have access to the justice system, through contribution funding in support of criminal, youth criminal justice and immigration and refugee legal aid services provided by the provinces (funding for criminal and civil legal aid in the territories is provided through the Access to Justice Agreements).
Strategic Outcome: A fair, relevant and accessible justice system that reflects Canadian values.
Results Achieved: Provinces were enabled to provide legal aid services to eligible persons involved in serious criminal, youth criminal justice, and immigration and refugee matters.
Actual Spending 2006-07 |
Actual Spending 2007-08 |
Planned Spending 2008-09 |
Total Authorities 2008-09 |
Actual Spending 2008-09 |
Variance(s) | |
---|---|---|---|---|---|---|
Program Activity | Justice policies, laws and programs | |||||
Total Contributions | $119,827,507 | $119,827,507 | $119,827,507 | $119,827,507 | $119,827,507 | $0 |
Total Program Activity | $119,827,507 | $119,827,507 | $119,827,507 | $119,827,507 | $119,827,507 | $0 |
Comment(s) on Variance(s):
N/A
Audit completed or planned:
N/A
Name of Transfer Payment Program: Public Security and Anti-terrorism - Legal Aid (Voted)
Start date: September 24, 2002
End date: March 31, 2012 (ongoing)
Description: Through this program, the Department currently provides contributions to legal aid delivery entities to cover costs for persons eligible for legal aid and charged under the federal government’s anti-terrorism legislation.
Strategic Outcome: A fair, relevant and accessible justice system that reflects Canadian values.
Results Achieved: In fiscal year 2008-09, 19 cases were funded through contribution agreements with either provinces or their legal aid delivery entities.
Actual Spending 2006-07 |
Actual Spending 2007-08 |
Planned Spending 2008-09 |
Total Authorities 2008-09 |
Actual Spending 2008-09 |
Variance(s) | |
---|---|---|---|---|---|---|
Program Activity | Justice policies, laws and programs | |||||
Total Contributions | $1,121,100 | $3,959,663 | $2,000,000 | $5,033,048 | $4,260,000 | $-2,260,000 |
Total Program Activity | $1,121,100 | $3,959,663 | $2,000,000 | $5,033,048 | $4,260,000 | $-2,260,000 |
Comment(s) on Variance(s): Variance in spending is attributable to the difficulty in estimating the cost of funding defence of individuals charged as a result of Canada’s anti-terrorism initiative, given the nature of judicial proceedings, e.g. complexity of the issues, the evidence and the number of judicial proceedings.
Audit completed or planned: N/A
Note: No table was prepared for this program in the Report on Plans and Priorities for 2008-2009 because the Planned Spending and the Total Authorities were both under $5,000,000. Internal transfers totalling $3,033,048 have increased the Total Authorities over the $5,000,000 threshold.
Name of Transfer Payment Program: Youth Justice Services Funding Program (Voted)
Start date: April 2, 1984
End date: March 31, 2011 (ongoing)
Description: The overall objective of this Program is to support the policy directions of the Youth Justice Initiative. The specific objectives of the individual agreements are to support and promote an appropriate range of programs and services that: encourage accountability measures for unlawful behaviour that are proportionate and timely; encourage the effective rehabilitation and reintegration of young persons into their communities; target the formal court process to the most serious offences; and target detention and custody to the most serious offences.
Strategic Outcome: A fair, relevant and accessible justice system that reflects Canadian values.
Results Achieved: The contribution agreements support a sustainable youth justice system that is capable of innovations and supports federal youth justice priorities.
Actual Spending 2006-07 |
Actual Spending 2007-08 |
Planned Spending 2008-09 |
Total Authorities 2008-09 |
Actual Spending 2008-09 |
Variance(s) | |
---|---|---|---|---|---|---|
Program Activity | Justice policies, laws and programs | |||||
Total Contributions | $177,302,415 | $177,302,415 | $177,302,415 | $177,302,415 | $177,302,415 | $0 |
Total Program Activity | $177,302,415 | $177,302,415 | $177,302,415 | $177,302,415 | $177,302,415 | $0 |
Comment(s) on Variance(s): N/A
Audit completed or planned: N/A
Name of Transfer Payment Program: Victims Fund (Victims of Crime Initiative and Federal Victims Strategy)
Start date: VCI April 1, 2005
FVS April 1, 2007
End date: VCI March 31, 2010
FVS March 31, 2011
Description: The Victims Fund is a grants and contributions fund with broad terms and conditions designed to raise awareness and enhance services and assistance to victims of crime. The Victims Fund is administered by the Policy Centre for Victim Issues and provides support to victims of crime as well as to governmental and non-governmental organizations to implement a wide range of victim focused projects and activities.
Strategic Outcome: Strategic Outcome 1: A fair, relevant and accessible justice system that reflects Canadian values Sub sub-activity A1.2.5 (expected result in the PAA is that the experience of victims in the justice system is improved)
Results Achieved: In 2008/09 the Victims Fund:
Victims Fund recipients report reduced financial hardship, increased willingness to participate in the criminal justice process, and an overall improved experience for victims of crime in the criminal justice process as a result of funding available.
Actual Spending 2006-07 |
Actual Spending 2007-08 |
Planned Spending 2008-09 |
Total Authorities 2008-09 |
Actual Spending 2008-09 |
Variance(s) | |
---|---|---|---|---|---|---|
Program Activity | Justice policies, laws and programs | |||||
Total Grants | $343,023 | $239,788 | $850,000 | $850,000 | $398,752 | $451,248 |
Total Contributions | $1,908,150 | $2,426,494 | $7,800,000 | $7,333,238 | $3,100,934 | $4,699,066 |
Total Program Activity | $2,251,173 | $2,666,282 | $8,650,000 | $8,183,238 | $3,499,686 | $5,150,314 |
Comment(s) on Variance(s): In 2007/08 the Victims Fund was significantly increased from $2M to $7.75M.
In 2008/09, the second year of the enhanced resource levels, the Victims Fund was not fully taken up. However, requests for funding from the Victims Fund by NGOs, provincial and territorial governments and victims of crime has been steadily increasing each year.
In 2008/2009 some provinces implemented new policies regarding signing authority or requested re-negotiation of the text in the standard clauses of the contribution agreement leading to some delays in funding. A related issue is the infrastructure limitations within provincial and territorial governments which impacted their ability to use the Fund resources available. Through 2008/2009 the PCVI worked closely with provincial and territorial partners to simplify the required application and reporting requirements related to the Fund and will continue to do so.
There is a significant allocation of resources in the Victims Fund to support Canadians victimized abroad. While only 13 victims contacted Justice Canada for assistance, resulting in approved agreements representing less than 20% of the resources available, the number of requests and awareness of the Fund are increasing as more outreach is undertaken. Current resource levels in this component of the Fund allow the Department to respond to the unpredictable nature and demand for assistance.
Audit completed or planned: N/A
Name of Transfer Payment Program: Intensive Rehabilitative Custody and Supervision Program (voted)
Start date: April 1st, 2002
End date: March 31, 2013 (ongoing)
Description: The overall objective of this Program is to financially assist the provinces and territories in providing the specialized services required for the implementation of the Intensive Rehabilitative Custody and Supervision (IRCS) sentence (paragraph 42(2)(r) and subsection 42(7) of the Youth Criminal Justice Act (YCJA)) and other sentencing options applicable under the YCJA to serious violent youth offenders with mental health problems. It is expected that these services will reduce the likelihood of further violence in those convicted of the most serious violent offences.
Strategic Outcome: A fair, relevant and accessible justice system that reflects Canadian values.
Results Achieved: Provinces and Territories have the financial capacity to implement sentencing options that involve specialized treatment services to address the mental health issues of serious violent youth offenders.
Actual Spending 2006-07 |
Actual Spending 2007-08 |
Planned Spending 2008-09 |
Total Authorities 2008-09 |
Actual Spending 2008-09 |
Variance(s) | |
---|---|---|---|---|---|---|
Program Activity | Justice policies, laws and programs | |||||
Total Contributions | $3,424,450 | $4,039,250 | $11,048,000 | $10,629,441 | $9,028,126 | $2,019,874 |
Total Program Activity | $3,424,450 | $4,039,250 | $11,048,000 | $10,629,441 | $9,028,126 | $2,019,874 |
Comment(s) on Variance(s): While the number of IRCS orders issued by the courts has remained stable, funding requests for other exceptional cases under this Program have come more slowly than expected.
Audit completed or planned: N/A
Name of Transfer Payment Program: Implementation of Official languages Requirements in respect of the Contraventions Act (Contraventions Act Fund – (Voted)
Start date: April 1, 2008
End date: March 31, 2013
Description: The Contraventions Act provides for the identification of federal offences that are to be considered “contraventions” and the establishment of a scheme to prosecute these contraventions. In 2001, the Federal Court was asked to clarify the extent to which judicial and extra-judicial language rights requirements were applicable in the context of the Contraventions Act. The Court concluded that while the federal government is authorized to use the offence scheme of a province or territory in respect of federal contraventions, it must comply with all language rights requirements that would be applicable in the context of a federal prosecution scheme. More specifically, the Court stated that any level of government that processes federal contraventions is, in fact, acting on behalf of the Government of Canada. Following the Federal Court decision, the Department of Justice proceeded to modify existing Contraventions Act agreements to include new provisions to address language rights requirements identified in the decision. Such provisions are now also an integral part of all new agreements with other provinces. To support this process, the Department of Justice established the Contraventions Act Fund.
Strategic Outcome: A fair, relevant and accessible justice system that reflects Canadian values.
Results Achieved: Four provinces (British Columbia, Manitoba, Ontario and Nova Scotia) are fully prepared to offer trials dealing with federal contraventions in a manner consistent with language rights protected in sections 530 and 530.1 of the Criminal Code. The same four provinces have also taken measures to actively offer extra-judicial services in both official languages in all court locations covered by Part IV of the Official Languages Act. Negotiations are underway with the Government of Newfoundland and Labrador. It is anticipated that this agreement will be in place for fiscal year 2009-2010.
Actual Spending 2006-07 |
Actual Spending 2007-08 |
Planned Spending 2008-09 |
Total Authorities 2008-09 |
Actual Spending 2008-09 |
Variance(s) | |
---|---|---|---|---|---|---|
Program Activity | Justice policies, laws and programs | |||||
Total Contributions | $2,613,100 | $2,779,800 | $9,094,900 | $5,078,100 | $4,289,100 | $4,805,800 |
Total Program Activity | $2,613,100 | $2,779,800 | $9,094,900 | $5,078,100 | $4,289,100 | $4,805,800 |
Comment(s) on Variance(s):
The actual spending was lower than anticipated for the following reasons:
The province of Prince Edward Island did not sign an agreement in 2008-2009.
The province of Newfoundland and Labrador did not sign the agreement in 2008-2009 as anticipated.
The contribution to be paid to Ontario was held back until the province's financial report is filed and verified.
Audit completed or planned: N/A
Name of Transfer Payment Program: Access to Justice Services Agreements – the Territories (Voted)
Start date: 1996
End date: March 31st 2012 (ongoing)
Description: The goal of the Access to Justice Services Agreements (AJAs) is to integrate federal government funding support to Canada’s three territories for access to justice services (that is, both criminal and civil legal aid, Aboriginal Courtwork, and Public Legal Education and Information) through ongoing contribution agreements that allow the territories the flexibility needed to provide these services in a challenging environment (vast distances, harsh climate, cultural/linguistic differences). The overarching goal of federal support for Aboriginal Courtwork services is to facilitate and enhance access to justice by assisting Aboriginal people involved in the criminal justice system to obtain fair, just, equitable and culturally sensitive treatment. With regard to legal aid services in the territories, the federal goal is to enable the territories to provide legal aid services to economically disadvantaged persons involved in serious criminal, youth criminal justice and civil matters.. And, with respect to public legal education and information, the goal is to assist the territories in providing members of the public with the legal information they need to make informed decisions and participate effectively in the justice system.
Strategic Outcome: A fair, relevant and accessible justice system that reflects Canadian values.
Results Achieved: Territories are enabled to provide access to justice services (legal aid, Aboriginal Courtwork and public legal education and information). Contribution funding agreements have been extended with all three territories for one-year, 2009-2010. Significant Evaluation Findings and URL(s) to Last Evaluation(s). The Legal Aid Program’s evaluation for the current five-year period is planned to be completed early in fiscal year 2011-12. The 2008 Aboriginal Courtwork Program Summative Evaluation report indicates that there is a strong and continuing need for the ACW Program; the ACW Program has been successful in achieving its intended outcomes.
Actual Spending 2006-07 |
Actual Spending 2007-08 |
Planned Spending 2008-09 |
Total Authorities 2008-09 |
Actual Spending 2008-09 |
Variance(s) | |
---|---|---|---|---|---|---|
Program Activity | Justice policies, laws and programs | |||||
Total Contributions | $4,856,593 | $5,156,593 | $4,856,593 | $5,368,593 | $5,368,593 | $-512,000 |
Total Program Activity | $4,856,593 | $5,156,593 | $4,856,593 | $5,368,593 | $5,368,593 | $-512,000 |
Comment(s) on Variance(s): As indicated in the footnote below, additional resources were provided to address severe pressures faced by the territories in delivering access to justice services.
Audit completed or planned: N/A
Note: No table was prepared for this program in the Report on Plans and Priorities for 2008-2009 because the Planned Spending and the Total Authorities were both under $5,000,000. Two internal transfers totalling $512,000 have increased the Total Authorities over the $5,000,000 threshold.
Name of Transfer Payment Program: Child-centered Family Justice Fund (Voted)
Start date: April 1, 2008
End date: March 31, 2009
Description: The Child-centred Family Justice Fund (CCFJF) is a key component of the Child-centred Family Law Strategy (CCFL Strategy). While the federal government does not provide direct services to separated and divorced parents since the provinces and territories are responsible for the administration of justice, the Department of Justice is committed to assisting and promoting the development, expansion and maintenance of such services through the CCFJF. The CCFL Strategy ended in March 31, 2008. Budget 2008 provided for a one-year renewal at status quo levels.
Strategic Outcome: A fair, relevant and accessible justice system that reflects Canadian values.
Results Achieved: Programs are developed and implemented in response to identified needs and gaps and are integrated with Government priorities and commitments.
Significant Evaluation Findings and URL(s) to Last Evaluation(s).
A Summative Evaluation of the CCFL Strategy was completed in 2007-2008 and has been posted on the Department of Justice web site.
Actual Spending 2006-07 |
Actual Spending 2007-08 |
Planned Spending 2008-09 |
Total Authorities 2008-09 |
Actual Spending 2008-09 |
Variance(s) | |
---|---|---|---|---|---|---|
Program Activity | Justice policies, laws and programs | |||||
Total Grants | $29,950 | $0 | $0 | $7,600 | $7,600 | $-7,600 |
Total Contributions | $16,170,761 | $16,250,027 | $0 | $15,992,400 | $15,992,391 | $-15,992,391 |
Total Program Activity | $16,200,711 | $16,250,027 | $0 | $16,000,000 | $15,999,991 | $-15,999,991 |
Comment(s) on Variance(s):
The Planned Spending for this transfer payment program for 2008-2009 is NIL because the funds were received through the Second Supplementary Estimates.
The amounts of Grants and Contributions received through the Second Supplementary Estimates were $50,000 and $15,950,000 respectively.
An amount of $42,400 was internally transferred from Grants to Contributions.
Audit completed or planned: N/A
Note: No table was prepared for this program in the Report on Plans and Priorities for 2008-2009 because the fund was received through the Second Supplementary Estimates.
Name of Transfer Payment Program: Aboriginal Courtwork Program (Voted)
Start date: 1978-1979
End date: March 31st 2013 (ongoing)
Description: The objective of the Aboriginal Courtwork Program (ACW) is to improve access to justice by helping Aboriginal people involved in the criminal justice system obtain fair, just, equitable and culturally-sensitive treatment. It is the only ongoing justice program available to all Aboriginal people (adult and youth) regardless of status and residency. The Program provides Aboriginal persons charged with an offence with timely and accurate information on their rights, obligations, roles and responsibilities at the earliest possible stage of the criminal justice process. Services also include referring clients to appropriate legal and social resources in their community. Aboriginal Courtworkers serve as a “bridge” between criminal justice officials and Aboriginal people and communities, by providing information, cultural context, liaison and promoting communications and understanding.
Strategic Outcome: A fair, relevant and accessible justice system that reflects Canadian values
Results Achieved: The 2008 Aboriginal Courtwork Program Summative Evaluation report indicates that there is a strong and continuing need for the ACW Program; the ACW Program has been successful in achieving its intended outcomes. According to the results of the recent national survey of Aboriginal accused, 90% of clients are satisfied with the information they received from courtworkers. The number of Aboriginal people charged with an offence who received culturally sensitive services from an Aboriginal Courtworker in 2007/2008 based on data received to date (not including the territories): 48,761 adults (male and female) /10,048 youth (male and female) *The data for 2008/2009 is not available until December 31, 2009. Five-year contribution funding agreements are in place with all participating provinces until March 31, 2013.
Actual Spending 2006-07 |
Actual Spending 2007-08 |
Planned Spending 2008-09 |
Total Authorities 2008-09 |
Actual Spending 2008-09 |
Variance(s) | |
---|---|---|---|---|---|---|
Program Activity | Justice policies, laws and programs | |||||
Total Contributions | $4,836,363 | $4,836,363 | $4,836,363 | $5,361,363 | $5,320,708 | $-484,345 |
Total Program Activity | $4,836,363 | $4,836,363 | $4,836,363 | $5,361,363 | $5,320,708 | $-484,345 |
Comment(s) on Variance(s): The ACW Program expanded its terms and conditions in February 2008, to include a new component, "Projects in support of ACW Program", to support activities such as: specialized training, national data requirements and database development. The costs associated with the new component exceeded the forecasted budget that was based on the regular operations of the ACW program.
Audit completed or planned: N/A
Note: No table was prepared for this program in the Report on Plans and Priorities for 2008-2009 because the Planned Spending and the Total Authorities were both under $5,000,000. An internal transfer of $450,000 has increased the Total Authorities over the $5,000,000 threshold. Also, a transfer of $75,000 from Vote 1 to Vote 5 was approved through the First Supplementary Estimates.
Name of Transfer Payment Program: Aboriginal Justice Strategy (Voted)
Start date: 1991-1992 as Aboriginal Justice Initiative
End date: March 31, 2012
Description: The Aboriginal Justice Strategy (AJS) 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. AJS programs are also aimed at reducing the rates of victimization, crime and incarceration among Aboriginal people in communities operating AJS programs, and helping the mainstream justice system become more responsive and sensitive to the needs and culture of Aboriginal communities.
Strategic Outcome: A fair, relevant and accessible justice system that reflects Canadian values
Results Achieved: In 2008-2009, the AJS supported 104 community-based justice programs serving approximately 400 Aboriginal communities across Canada, along with 22 capacity-building projects. A 2006 recidivism study showed that Aboriginal offenders, who had enrolled in and completed the offered community-based programs, were half as likely to re-offend as those who did not enrol in or complete these programs.
Accurate data on the number of clients served by the AJS programs is not yet available. A national data base is being developed to collect comprehensive data on the number of clients and types of programs/projects/services that are available to clients.
Actual Spending 2006-07 |
Actual Spending 2007-08 |
Planned Spending 2008-09 |
Total Authorities 2008-09 |
Actual Spending 2008-09 |
Variance(s) | |
---|---|---|---|---|---|---|
Program Activity | Justice policies, laws and programs | |||||
Total Grants | $4,000 | $96,996 | $0 | $29,105 | $13,105 | $-13,105 |
Total Contributions | $7,287,586 | $9,586,445 | $12,500,000 | $12,020,895 | $11,706,919 | $793,081 |
Total Program Activity | $7,291,586 | $9,683,441 | $12,500,000 | $12,050,000 | $11,720,024 | $779,976 |
Comment(s) on Variance(s):
Actual spending was lower than anticipated for the following reasons:
Audit completed or planned: N/A
Name of Transfer Payment Program: Youth Justice Fund (Voted)
Start date: 1999-2000
End date: March 31, 2010
Description: The overall objective of funding under the Youth Justice Fund is to encourage a fairer and more effective youth justice system. Funding is available for non-governmental organizations, youth justice stakeholders, Aboriginal organizations and provinces/territories to help promote and implement alternative approaches to youth justice practices. Priorities are set annually based on identified gaps and emerging federal youth justice policies and priorities. Additional resources have been provided to the Youth Justice Fund for two new on-going priorities - Youth Crime Prevention (Guns, Gangs and Drugs) and Youth Justice Anti-Drug Treatment Component (NADS).
Strategic Outcome: A fair, relevant and accessible justice system that reflects Canadian values
Results Achieved: Youth Crime Prevention Strategy with a focus on Guns, Gangs and Drugs
Main Fund: Cities and Community Partnerships; Innovative Programming; and Public Legal Education and Information Components
Youth Justice Fund: National Anti-Drug Strategy: Youth Justice Anti-Drug Component
Actual Spending 2006-07 |
Actual Spending 2007-08 |
Planned Spending 2008-09 |
Total Authorities 2008-09 |
Actual Spending 2008-09 |
Variance(s) | |
---|---|---|---|---|---|---|
Program Activity | Justice policies, laws and programs | |||||
Total Grants | $790,325 | $519,890 | $1,080,000 | $730,000 | $384,169 | $695,831 |
Total Contributions | $2,880,238 | $2,415,577 | $3,925,000 | $4,275,000 | $2,805,596 | $1,119,404 |
Total Program Activity | $3,670,563 | $2,935,467 | $5,005,000 | $5,005,000 | $3,189,765 | $1,815,235 |
Comment(s) on Variance(s): Funding criteria was established, posted on the internet and sent to Provincial/Territorial representatives. A number of proposals submitted did not meet program criteria or required extensive development work which resulted in lapsing funds. Also, despite reasonable delivery against government priorities relating to youth justice and guns, gangs and drugs generally, uptake on the new funds allocated for drug treatment as part of the NADS initiative was slow. Once this issue was identified by management, a request was made in September 2008 to reprofile some of the NADS funding. While other NADS partners succeeded in reprofiling NADS funds, the Youth Justice requests were not approved by Justice. Strategies are being developed and implemented to ensure that the variance is addressed.
Audit completed or planned: N/A