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Minister of Justice and Attorney General of Canada
Commissioner's Message
Management Representation Statement
Summary Information
Departmental Plans and Priorities
External Environment
Internal Environment
Management Priorities
Client Services
Corporate Planning
Communications
Information Management/Systems
Security
SECTION II - ANALYSIS OF PROGRAM ACTIVITIES BY STRATEGIC OUTCOME
Analysis by Program Activity
Strategic Outcome
Program Activity Name: Payments pursuant to the Judges Act
Program Activity Name: Canadian Judicial Council
Program Activity Name: Federal Judicial Affairs
SECTION III - SUPPLEMENTARY INFORMATION
Organizational Information
Mission Statement
Vision Statement
Departmental links to the Government of Canada Outcomes
Table 1: Departmental Planned Spending Table and Full-time Equivalents
Table 2: Voted and Statutory Items listed in Main Estimates
Table 3: Services Received Without Charge
Table 4: Sources of Respendable and Non-Respendable Revenue
SECTION IV - OTHER ITEMS OF INTEREST
Corporate Services
Listing of Statutes and Regulations
The Office of the Commissioner for Federal Judicial Affairs (FJA) was created in 1978 to safeguard the independence of the judiciary and to put federally appointed judges at arm's length from the administration of the Department of Justice. It exists to promote the better administration of justice and focuses its efforts on providing a sound support role to the federal judiciary.
It administers three distinct and separate components that are funded from three very distinct sources. Statutory funding is allocated for the judges= salaries, allowances and annuities and surviving beneficiaries= benefits. Voted appropriations are provided in two separate votes to support the administrative activities of the Office of the Commissioner and the administrative activities of the Canadian Judicial Council.
The Canadian Judicial Council is made up of the Chief Justices and Associate Chief Justices of Canada. The Council acts independently in the pursuit of its mandate of fostering the better administration of justice in Canada. The Council is served by a small office, the Executive Director's staff report to Commissioner for Federal Judicial Affairs but is accountable to the Chief Justice of Canada in serving the needs of the Council. My office provides administrative and financial support and advice to the Council in support of its mandate.
The administration of the Office of the Commissioner is structured to reflect the distinctiveness of its role in supporting federal judicial activities. Under the Program Activity Architecture, the organization is broken down into three program activities: Payments Pursuant to the Judges Act; Canadian Judicial Council; and Federal Judicial Affairs (FJA).
These activities strive to meet our priorities of: client services; corporate planning and reporting; communications; information management; and security.
Success in fulfilling these priorities is determined through measurement strategies which assess the level of achievement of key results. FJA prides itself in providing a consistent, high level of service to federally appointed judges.
Marc Giroux
Acting Commissioner
I submit for tabling in Parliament, the 2007-2008 Report on Plans and Priorities (RPP) for the Office of the Commissioner for Federal Judicial Affairs.
This document has been prepared based on the reporting principles contained in Guide for the Preparation of Part III of the 2007-2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:
Name: Marc Giroux
Title: Acting Commissioner
Section 73 of the Judges Act provides for the establishment of an officer called the Commissioner for Federal Judicial Affairs who shall have the rank and status of a deputy head of a department. Section 74 sets out the duties and functions of the Commissioner. The Office of the Commissioner :
|
Results for CanadiansUnder the Canadian constitution, the judiciary is independent from the executive and legislative branches of government. Judicial independence is intended to ensure that judges make decisions free of influence, based solely on the facts and the law. Once appointed, a judge is eligible to serve on the bench until retirement (age 75 for federally appointed judges). Judges must also receive adequate remuneration in such a manner that does not leave them in a position of dependence or subject to pressure. In Canada, governments cannot change judges' salaries or benefits or remove judges from office without going through an appropriate, independent procedure. |
2007-2008 |
2008-2009 |
2009-2010 |
$400,274,000 |
$400,274,000 |
$400,274,000 |
2007-2008 |
2008-2009 |
2009-2010 |
70 |
70 |
70 |
Name |
Type |
1. Client Services |
Ongoing |
2. Corporate Planning and Reporting |
Ongoing |
3. Communications |
Ongoing |
4. Information/Management Systems |
Ongoing |
5. Security |
Ongoing |
Strategic Outcome: An independent and efficient federal judiciary. |
Planned Spending |
Contributes to the following Priority |
||
---|---|---|---|---|
2007-2008 |
2008-2009 |
2009-2010 |
||
Payments Pursuant to the Judges Act |
$390,465,000 |
$390,465,000 |
$390,465,000 |
All priorities |
Canadian Judicial Council |
$1,688,000 |
$1,688,000 |
$1,688,000 |
All priorities |
Federal Judicial Affairs |
$8,121,000 |
$8,121,000 |
$8,121,000 |
All priorities |
In recent years, our world has had to come to grips with dramatic challenges. While security issues raised are not new to our country, Canada's focus on and commitment to resolving them have intensified. The unprecedented emphasis the government now puts on security in all its operations is a result of this situation and is unlikely to change in the foreseeable future.
One must also draw attention to other significant factors particular to FJA such as requests for services from provincial court judges and other key actors among the judicial community, including numerous opportunities for judicial partnerships both within and outside Canada. These new or growing priorities will continue to add more pressure on FJA to perform better and faster and to provide new services and to enhance existing ones.
FJA recognizes that it operates within a technology-driven world economy where mandates, demands, constraints, partnerships and the unforeseen are part of the landscape, and where the government sets the national priorities and management and accountability framework.
FJA's internal environment is complex, due in part to the small size of its organization, which tends to understate the importance of its role within government. With only about 70 employees, the Office serves more than 1,054 judges and 754 pensioners and survivors, 133 Advisory Committee members and over 480 applicants for judicial appointment. FJA administers a budget in excess of $400 million annually which pays for judges' salaries, allowances and annuities, relocation and travel expenses as well as covering the costs of running the Office (informatics, training, finance, administration and other related expenses). It provides other services to judges including language training. It also provides services to the legal community through the publication of the Federal Courts Reports as well as services to the Minister of Justice through the operation of the Judicial Appointments Secretariat. FJA must comply with the same central agency expectations and requirements (comptrollership, management and accountability systems, etc.) as do larger departments that enjoy core, specialized resources in the fields of planning, communications, human and financial administration and evaluation.
These compelling responsibilities take a heavy toll on the human and financial resources that ought to be fully dedicated to serving the needs of FJA clients. Thus, the implementation of certain aspects of the modern comptrollership concept or the Public Service Modernization Act, by way of example, could be imperilled without the provision of resources.
After completion of the restructuring of FJA and some of its service delivery mechanisms, most of which have been accomplished, a light, flexible, highly professional entity will emerge and be the pride of its members. Unanimous in praising the professionalism and remarkable work of departmental employees, senior management acknowledges that there is still room for improvement in providing them with the right tools and creating a work environment conducive to optimal performance. Such an environment encompasses strong leadership based on effective, bilingualinternal communication, clearly delineated responsibilities, agreed-upon expectations, staff/management training and employee participation in discussions and decisions that might have an impact on them, on their jobs or even on the future of this organization.
Short and medium-term retirement of managers and staff members may well exacerbate the Office's vulnerability. It is not unusual for small organizations that lack adequate succession planning or face employee turnover to experience sporadic organizational uncertainty.
In 1995, FJA initiated international judicial partnerships fully funded through the Canadian International Development Agency. Commencing with Ukraine, partnerships with Russia, Ethiopia, China and other countries quickly followed. FJA remains involved in promoting and facilitating participation by members of the Canadian judiciary in a number of international co-operation projects.
FJA envisions itself as a unique service provider to the Canadian judiciary, renowned for efficiency, sound management and a good working environment. Five initiatives have been established as priorities. Implementing these priorities is expected to significantly change the way FJA manages its operations, delivers its services, and facilitates the way FJA managers and employees relate to one another, their clients and partners. The impact of these initiatives on Human Resources will need to be assessed, planned and well integrated.
An environmental scan was completed by Consulting and Audit Canada in September 2004 which revealed that the organizational structure was sound, and client (judges) satisfaction was cited as high.
During the course of fiscal year 2007-2008, the Office continues with its Transformation Initiative. The impetus for the Transformation Project originates from the Commissioner's commitment in November 2003 that FJA would enhance its capacity to deliver effective and efficient services to the federal judiciary. As limited internal resources are available to reallocate to this priority for the department, a Treasury Board submission seeking preliminary project approval and funding was submitted to the Treasury Board Secretariat during the course of fiscal year 2006-2007.
FJA's primary duty and responsibility is to provide all federally appointed judges with administrative support services that they require to fully carry out their judicial mandate. By listening to its clients and monitoring the judicial environment, FJA can identify the judges' needs, present and future, and effectively adjust resources and operations to meet them.
FJA must also pay special attention to the needs of its other clients, i.e. pensioners and survivors, the Minister of Justice and Attorney General of Canada, the Canadian Judicial Council, Parliament, Judicial Appointments Advisory Committee members and judicial candidates, and enhance the quality of existing services when needed and offer new services where feasible.
The core of FJA services to the judiciary is statutory in nature: judges salaries, allowances and annuities. However, the demand of the non-statutory portion; that is departmental resources to support the members of the judiciary, grows each year due to requests from judges and other clients for improved or additional services or both.
The performance indicators associated with this priority would include:
The Corporate Planning initiative will create a formal system of corporate policy development, planning, performance management and program evaluation which integrates Human Resource Planning.
By having a formal system for corporate policy development, planning, performance management and program evaluation, FJA will be able to ascertain that the services it provides to judges, the Canadian Judicial Council, and to the Minister of Justice are in accordance with established policies and are effective and efficient.
The work plan includes the need for the development of a Corporate Policy, Planning and Evaluation Framework that describes and tracks a full range of initiatives contemplated within the scope of this initiative. This plan would include:
The performance indicators associated with this priority would include:
The goal of the Communications initiative is to improve how effectively FJA managers, employees, clients and partners communicate with each other. The primary goal is to improve and standardize internal communications throughout the various layers of the FJA organization, as well as across organizational boundaries.
The Communications initiative will propose and develop needs-based communications strategies, approaches, and vehicles to improve the way knowledge and information is developed and shared among FJA managers and employees. The scope of the initiative includes collection and dissemination of administrative and related information among managers and employees. It also includes the effective use of electronic communication channels and vehicles such as e-mails, e-surveys, e-learning, chat rooms, as well as communication events like committee meetings and Commissioner's Town Hall meetings. The development and enhancement of practical communication skills includes writing, editing , presentation, interviewing, listening, facilitation, team building, positive thinking, mentoring, and coaching.
The performance indicators for this initiative will be based on comments and feedback received from managers, employees, clients and partners on the success of this initiative.
The goal of the Information Management/Systems initiative is to improve and develop information management systems that support business programs and to improve the effectiveness of FJA's management of information, data and knowledge resource holdings.
One of the expected benefits is to overturn FJA's heavy reliance on manual processes, and introduce efficiencies through the adoption of automated information transfer mechanisms.
This entails the creation of integrated systems to reduce manual processes, eliminate redundant and home grown systems, and facilitate automated information transfer. The design and implementation must follow the systems development approach required in TB procedures and guidelines for the management of information systems projects.
The Information Systems initiative includes a review of two legacy systems currently in place:
The performance indicators for this initiative include:
The goal of the Security initiative is to create a single point of reference for all aspects of security, including physical security of FJA clients, employees, visitors, facilities, data, information and systems and to ensure FJA is compliant with the Government Security Policy.
This initiative entails all current and foreseeable FJA roles and responsibilities for providing security to individuals, information, knowledge, data, systems, equipment, and facilities. The concerns for individual security extend to the security of clients, managers, employees, visitors, partners and suppliers. The range of issues includes FJA strategies, policies, procedures, and protocols, as well as all issues of accountability, responsibility, and authority for all aspects of security.
The performance indicators will include:
An Independent and Efficient Federal Judiciary.
2007-2008 |
2008-2009 |
2009-2010 |
$390,465,000 |
$390,465,000 |
$390,465,000 |
2007-2008 |
2008-2009 |
2009-2010 |
0 |
0 |
0 |
The number of judges are not included in the FTE count for the Office of the Commissioner for Federal Judicial Affairs (see Human Resources). The number of judicial positions are identified in the Judges Act. As of January 1, 2007 there were 1,054 federally appointed judges in Canada and there are 754 pensioners receiving a pension pursuant to the Judges Act.
Provides for the Payments of salaries, allowances and annuities to federally appointed judges, and their survivors, in the Superior Trial Courts and Courts of Appeal in Canada.
Allows for the statutory payment of salaries, allowances and annuities to federally appointed judges, and their survivors. These payments are issued in accordance with the various provisions of the Judges Act.
2007-2008 |
2008-2009 |
2009-2010 |
$39,990,000 |
$39,990,000 |
$39,990,000 |
Provides for payment of salaries, allowances and annuities to federally appointed judges in the Courts of Appeal in Canada, and to their survivors.
The number of Court of Appeal judges appointed in Canada is legislated in the Judges Act and is also specified in the various Judicature Acts in the provinces. Appointments can only be made when vacancies occur in the various courts.
2007-2008 |
2008-2009 |
2009-2010 |
$345,903,000 |
$345,903,000 |
$345,903,000 |
Provides for payment of salaries, allowances and annuities to federally appointed judges in the Superior Trial Courts in Canada, and to their survivors.
The number of Superior Trial Court judges appointed in Canada is legislated in the Judges Act and is also specified in the various Judicature Acts in the provinces. Appointments can only be made when vacancies occur in the various courts.
2007-2008 |
2008-2009 |
2009-2010 |
$4,572,000 |
$4,572,000 |
$4,572,000 |
Provides for payment of salaries, allowances and annuities to federally appointed judges of the Federal Court appointed under the authority of the Public Security Anti-terrorism legislation, and to their survivors.
The Public Security Anti-terrorism legislation allowed for the appointment of up to fifteen judges to the Federal Court to deal with the issues covered under this legislation. Appointments can only be made when vacant positions exist in the number of approved positions.
2007-2008 |
2008-2009 |
2009-2010 |
$1,688,000 |
$1,688,000 |
$1,688,000 |
2007-2008 |
2008-2009 |
2009-2010 |
8 |
8 |
8 |
Provide integrated support (administrative, secretariat, policy and legal research and advice) to the Council in support of its statutory mandate to foster the better administration of justice in Canada and serve as the body that oversees judicial conduct.
2007-2008 |
2008-2009 |
2009-2010 |
$1,088,000 |
$1,088,000 |
$1,088,000 |
The role of the Office of the Canadian Judicial Council is to support the Council, its committees and its members in their carrying out of the Council's mandate. Such support includes the giving of advice, the implementation of decisions taken, and such administrative and executory functions as are necessary to the efficient and effective carrying out of that mandate.
2007-2008 |
2008-2009 |
2009-2010 |
$600,000 |
$600,000 |
$600,000 |
Provides integrated support to the committees, subcommittees and working groups established by the Council to meet its statutory mandate. The support could include the hiring of professionals to assist the committees in meeting their objectives. The Council determines the number of committees and number of members appointed to each committee. The current standing committees are: Judicial Conduct; Judicial Education; Public Information; Judicial Independence; Judicial Salaries and Benefits; Administration of Justice; Appeal Courts; Trial Courts; and Nominations.
2007-2008 |
2008-2009 |
2009-2010 |
$8,121,000 |
$8,121,000 |
$8,121,000 |
2007-2008 |
2008-2009 |
2009-2010 |
62 |
62 |
62 |
These FTE's represent employees of the department who are responsible for the day-to-day operations of the department and provide administrative services to federally appointed judges including language training, publishing of the Federal Courts Reports, and services to the Minister of Justice through the Judicial Appointments Secretariat. Also provides support to the judiciary in the areas of finance, human resources, administration and information management.
Judges who follow the language training program will receive quality training at a reasonable cost. Important decisions of the Federal Court and the Federal Court of Appeal will be published in the Federal Courts Reports. The Minister of Justice will have a substantial list of qualified recommended candidates for appointment to the federal judiciary in Canada. Judges will receive timely reimbursement of claims submitted, accurate salary and deductions and timely information which is pertinent to their position as judges.
2007-2008 |
2008-2009 |
2009-2010 |
$1,553,000 |
$1,553,000 |
$1,553,000 |
The Commissioner's Office is responsible for the operation of the Office of the Commissioner for Federal Judicial Affairs.
2007-2008 |
2008-2009 |
2009-2010 |
$2,898,000 |
$2,898,000 |
$2,898,000 |
The Deputy Commissioner's Office is responsible for the day-to-day operations of the Office of the Commissioner for Federal Judicial Affairs. These responsibilities include provision of direct services to the members of the judiciary and to departmental staff including finance, human resources, administration and information management.
2007-2008 |
2008-2009 |
2009-2010 |
$1,197,000 |
$1,197,000 |
$1,197,000 |
Provides to federally appointed judges who qualify for the program, language training services in either of the official languages. The program includes intensive immersion sessions as well as private tutoring between sessions.
2007-2008 |
2008-2009 |
2009-2010 |
$1,073,000 |
$1,073,000 |
$1,073,000 |
The Federal Courts Reports were created in 1971 when the Federal Courts Act was passed. Subsection 58(2) of the Act provides that "The editor shall include in the reports only the decisions or the parts of them that, in the editor's opinion, are of sufficient significance or importance to warrant publication in the reports." The Federal Courts Reports consist of four volumes per year made up of three parts per volume with one part being published each month. In addition to publishing the Reports in bilingual paperback format, the Section, in association with the University of Montreal, makes the Reports available on the FJA web site in both official languages.
2007-2008 |
2008-2009 |
2009-2010 |
$523,000 |
$523,000 |
$523,000 |
The Commissioner for Federal Judicial Affairs has the overall responsibility for the administration of the judicial appointments process on behalf of the Minister of Justice. The Commissioner is expected to carry out his responsibilities in such a way as to ensure that the system treats all candidates for judicial office fairly and equally. The Commissioner's responsibility is exercised directly or by his delegate, the Executive Director, Judicial Appointments. It is the Commissioner's or the Executive Director's particular responsibility, on behalf of the Minister, to ensure that all assessments are completed expeditiously and thoroughly.
We are a federal agency statutorily created to support and promote judicial independence for the benefit of the public by providing a wide range of services to the Canadian judiciary.
We are recognized as a unique service provider to the Canadian judiciary, and are renowned for efficiency, sound management and a good working environment.
Program Activity #1 contributes to the achievement of the Government of Canada's "Safe and Secure Communities"
outcome.
Program Activity #2 contributes to the achievement of the Government of Canada's "Safe and Secure Communities" and
"Government Affairs" outcomes.
Program Activity #3 contributes to the achievement of the Government of Canada's "Safe and Secure World Through
International Cooperation" and "Government Affairs" outcomes.
($ millions) |
Forecast Spending |
Planned Spending |
Planned Spending |
Planned Spending |
Payments Pursuant to the Judges Act |
349.6 |
390.5 |
390.5 |
390.5 |
Canadian Judicial Council |
1.7 |
1.7 |
1.7 |
1.7 |
Federal Judicial Affairs |
8.5 |
8.4 |
8.4 |
8.4 |
|
||||
Budgetary Main Estimates (gross) |
359.8 |
400.6 |
400.6 |
400.6 |
Less: Respendable revenue |
.2 |
.3 |
.3 |
.3 |
|
||||
Total Main Estimates |
359.6 |
400.3 |
400.3 |
400.3 |
|
||||
Adjustment |
||||
Supplementary Estimates |
||||
Operating Budget Carry Forward |
.2 |
|||
Judicial Inquiry |
.2 |
|||
Compensation/Benefits Resources |
.2 |
.2 |
.1 |
|
Bill C-17 Salary Increase to Judges |
43.0 |
|||
Other |
||||
Treasury Board Vote 15 |
.1 |
|||
Employee Benefit Plan (EBP) |
||||
|
||||
Total Adjustments |
43.7 |
.2 |
.1 |
0 |
|
||||
Total Planned Spending |
403.3 |
400.5 |
400.4 |
400.3 |
|
||||
|
||||
Total Planned Spending |
403.3 |
400.5 |
400.4 |
400.3 |
Less: Non-respendable revenue |
15.2 |
13.8 |
13.8 |
13.8 |
Plus: Cost of services received without charge |
1.3 |
1.3 |
1.3 |
1.3 |
|
||||
Total Departmental Spending |
389.4 |
388.0 |
387.9 |
387.8 |
|
||||
|
||||
Full-time Equivalents |
68 |
70 |
70 |
70 |
|
Vote or Statutory Item |
Truncated Vote or Statutory Wording |
2007-2008 |
2006-2007 |
20 |
Operating expenditures |
7,368,000 |
7,629,000 |
25 |
Canadian Judicial Council-Operating expenditures |
1,594,000 |
1,589,000 |
(S) |
Judge's salaries, allowances and annuities, annuities to spouses and children of judges, and lump sum payments to spouses of judges who die while in office. |
390,465,000 |
349,546,000 |
(S) |
Contributions to employee benefit plans |
847,000 |
868,000 |
Total Department or Agency |
400,274,000 |
359,632,000 |
($ millions) |
2007-2008 |
Accommodation provided by Public Works and Government Services Canada |
1.0 |
Contributions covering employers' share of employees' insurance premiums and expenditures paid by Treasury Board of Canada Secretariat (excluding revolving funds) |
.3 |
Total 2007-2008 Services received without charge |
1.3 |
($ millions) |
Forecast Revenue |
Planned Revenue 2007-2008 |
Planned Revenue |
Planned Revenue |
Federal Judicial Affairs | ||||
Office of the Umpire |
.1 |
.1 |
.1 |
.1 |
Administrative Agreement with Canadian International Development Agency |
.1 |
.2 |
.2 |
.2 |
Total Respendable Revenue |
.2 |
.3 |
.3 |
.3 |
($ millions) |
Forecast Revenue |
Planned Revenue |
Planned Revenue |
Planned Revenue |
Payments Pursuant to the Judges Act |
||||
Judges' contributions to Pension Fund |
15.2 |
13.8 |
13.8 |
13.8 |
Total Non-Respendable Revenue |
15.2 |
13.8 |
13.8 |
13.8 |
Total Respendable and Non-respendable Revenue |
15.4 |
14.1 |
14.1 |
14.1 |
Included in the Program Activity, Federal Judicial Affairs, is a component for the provision of Corporate Services. The following is a breakdown of these resources.
2007-2008 |
2008-2009 |
2009-2010 |
$877,000 |
$877,000 |
$877,000 |
2007-2008 |
2008-2009 |
2009-2010 |
5 |
5 |
5 |
Provision of all Finance and Administration, Human Resources and Communications and Information Technology requirements for the department.
2007-2008 |
2008-2009 |
2009-2010 |
$253,000 |
$253,000 |
$253,000 |
The Finance and Administration Division is responsible for all duties falling under the scope of financial services, purchasing/contracting and registry services
2007-2008 |
2008-2009 |
2009-2010 |
$294,000 |
$294,000 |
$294,000 |
The Compensation, Benefits and Human Resources Division is responsible for providing policy interpretations, advice, expertise and guidance to both senior management and to judges, regarding all aspects of appointments, leaves of absence, relocation, retirements, compensation, benefits and related matters.
2007-2008 |
2008-2009 |
2009-2010 |
$330,000 |
$330,000 |
$330,000 |
The Communications and Information Systems Directorate is comprised of four sections: Communications Information Management Section which is responsible for the management and security of the data and information maintained by the office; Production and Operations Section which maintains the various operating systems of the office; and Project Management and Development Section which involves system development and acquisition.
Judges Act | December 2006 |
Judges Act (Removal Allowance) Order | February 1991 |
Annuities Payable to Survivors and Children of Judges Regulations | July 2003 |
Enhanced Survivor Annuity Regulations | August 2001 |
Optional Survivor Annuity Regulations | August 2001 |
Federal Courts Reports
Federal Judicial Appointments Process-December 2006
Report and Recommendations of the 2004 Judicial Compensation and Benefits Commission
Canadian Judicial Council Annual Report
Office of the Commissioner for Federal Judicial Affairs
99 Metcalfe Street, 8th Floor
Ottawa, Ontario
K1A 1E3
Telephone: (613) 992-9175
Facsimile: (613) 995-5615
World Wide Web: http://www.fja.gc.ca/