The Hon. Rob Nicholson, P.C., M.P., Q.C.
Minister of Justice and Attorney General of Canada
MESSAGE FROM THE DIRECTOR OF PUBLIC PROSECUTIONS
I am pleased to present the 2010-2011 Report on Plans and Priorities for the Public Prosecution Service of Canada. The Report outlines areas of priority for the PPSC and serves as a roadmap for progress in the delivery of its mandate.
The PPSC proudly and professionally delivers prosecution-related services across Canada. At the same time, we are maintaining our momentum in the achievement of our corporate and management priorities.
A number of areas, including workload, costs, and personnel issues, will affect the operations of the PPSC in addition to those more specifically related to our criminal justice work. I am confident the PPSC is well placed to face these issues in the years ahead and to continue providing Canadians with the high level of service they expect from their prosecutors.
Brian Saunders
Director of Public Prosecutions
SECTION I: OVERVIEW
1.1 Summary Information
Raison d'être
The mandate of the Public Prosecution Service of Canada (PPSC) is set out in the Director of Public Prosecutions Act. The Act calls on the PPSC to provide prosecutorial advice to law enforcement agencies, and to prosecute matters on behalf of the Crown that are within the jurisdiction of the Attorney General of Canada. The PPSC's sole strategic outcome is the prosecution of criminal and regulatory offences under federal law in a manner that is independent, impartial and fair.
The PPSC plays an integral role in the criminal justice system, promoting due process and working to safeguard the rights of all those who come into contact with the system. The benefits to Canadians from the work carried out by the PPSC include:
- provision of legal advice to federal investigative agencies and government departments on the criminal law implications of investigations and prosecutions;
- appropriate enforcement of federal laws through principled and independent decisions by prosecutors; and
- confidence in the administration of justice through professionally conducted prosecutions that result in a judicial determination on the merits of the evidence.
The PPSC is a national prosecution service with a network of offices across Canada. As of March 31, 2009, it had 802 full-time equivalents (FTEs), the majority of whom were staff prosecutors. The remainder included other professionals, such as senior managers, paralegals, administrators and corporate services staff. The PPSC also employs the services of private-sector legal agents in locations where it does not have a regional office or where it is impractical or otherwise not cost-effective for staff counsel to handle cases. The PPSC currently retains some 229 standing agent firms across Canada, or approximately 700 individually appointed counsel.
1 The PPSC was created on December 12, 2006, when Part 3 of the
Federal Accountability Act received Royal Assent, bringing the
Director of Public Prosecutions Act into force.
Responsibilities
The PPSC undertakes key duties on behalf of the Attorney General of Canada. These key duties, to be carried out in an objective and non-partisan manner, are:
- The duty to act independently in making decisions related to criminal prosecutions – This constitutional principle recognizes that decisions to prosecute, stay proceedings or launch an appeal must be made in accordance with legal criteria. The public interest must be taken into account, but not considerations of a partisan political nature.
- The duty to act independently in providing prosecution-related legal advice – While prosecution-related advice to law enforcement and other federal investigative agencies will take into account the agency's legal and policy setting, prosecutors cannot be drawn into the agency's policy making and program administration such that their ability to provide impartial, accurate and effective legal advice is undermined.
The PPSC prosecutes cases under federal statutes that are referred to it by the Royal Canadian Mounted Police (RCMP), other federal investigative agencies, as well as provincial and municipal police forces.
The PPSC's prosecution-related work is part of the criminal justice continuum, which includes investigative agencies, law enforcement, the courts and correctional services. Prosecution-related advice provided during police investigations is crucial to ensure that police techniques and procedures are consistent with evolving rules of evidence and the protections of the
Canadian Charter of Rights and Freedoms. The advantage of early prosecutorial advice includes reducing the risk that operational decisions, such as those about methods of obtaining evidence, will detrimentally affect the admissibility of evidence at trial.
Strategic Outcome and Program Activity Architecture (PAA)
The PPSC has one strategic outcome as illustrated in the following chart, which also presents the PPSC's framework of program activities for 2010-11.
1.2 Planning Summary
The following tables provide a summary of the total planned spending for the PPSC for the next three fiscal years.
Financial Resources ($ millions)
| 2010-11 |
2011-12 |
2012-13 |
| 172.7 |
176.8 |
172.8 |
Human Resources (FTEs)
| 2010-11 |
2011-12 |
2012-13 |
| 940 |
942 |
942 |
Risk Analysis
Operational Trends
As of January 2010, the PPSC's total estimated volume of litigation files for 2009-10 reached 79,4273, compared to 74,674 litigation files handled in 2008-09. Of this total, approximately 87% were within the drug, Criminal Code and terrorism offences prosecution program (which includes organized crime offences), whereas close to 13% involved the prosecution of federal regulatory offences and economic crime.
A small percentage of highly complex cases absorb a disproportionate share of the total resources of the PPSC. By way of example, organized crime cases represented approximately 1.4 % of the litigation caseload in 2008-09 but approximately 13% of the recorded litigation time of PPSC counsel and paralegals. A relatively small increase in the number of organized crime cases, in response to strengthened law enforcement efforts across Canada, may have a disproportionate impact on the demand for prosecutorial resources. A single mega-case can absorb more prosecutorial resources than several hundred low-complexity cases.
Since federal and provincial prosecution services face shared issues and challenges, they benefit from collaboration under the leadership of the Federal/Provincial/Territorial (FPT) Heads of Prosecution Committee. The Committee works to promote inter-jurisdictional cooperation and assistance on operational issues such as quality assurance, organized crime prosecutions, concurrent jurisdiction, proceeds of crime, expert witnesses and prosecutor training and security. This collaboration with key stakeholders in the criminal justice system is an important element of the operating context of the PPSC. In addition, the PPSC co-chairs the Securities Fraud and Economic Crime Prosecutors Affiliation, a sub-committee of the FPT Heads of Prosecution Committee.
External and Internal Influences Facing the PPSC
The PPSC is subject to a variety of external and internal influences, described below.
Workload and rising operational costs: Because much of the PPSC's workload is generated by police forces laying charges under federal statutes, it is largely based on police decisions regarding investigative priorities, tactics and allocation of resources. Increases in drug enforcement, for example, or policing resources can significantly affect the nature and volume of the PPSC caseload. Similarly, changes in police tactics to focus on the upper echelons of organized crime groups rather than on individuals in the lower ranks, affect the complexity and cost of prosecutions. The cost of prosecuting organized crime and mega-cases is far greater than simple drug possession cases, since the former type of cases typically involve multiple accused and charges, complex evidence (both factually and legally), international dimensions, extensive disclosure and numerous pre-trial applications.
Workforce Issues: The entry into force of the first collective agreement for lawyers in the federal public service in 2009-2010 presents challenges to managers and employees alike. It will have an impact on the way in which managers and employees carry out their day-to-day activities, and the way unionized prosecutors will be managed within a collective agreement.
Cost Recovery: The PPSC currently has the authority to recover costs for legal services provided to federal investigative agencies. The PPSC, in consultation with central agencies, proposes to examine options for moving toward a funding regime that would eliminate the need for cost recovery.
Resourcing: The PPSC must ensure its long-term funding needs are addressed, particularly in the areas of IM/IT requirements and accommodations. In 2009-10, the PPSC assessed the resource gaps related to its capacity to deliver these strategic corporate services. A resourcing strategy is being prepared to support the operational requirements of the organization, based on this assessment. In addition, the PPSC may face financial pressures resulting from the newly imposed requirements in the recent arbitral award relating to the LA Group to compensate for overtime and travel time for some of its lawyers as well as for meals. The PPSC will monitor the impact of these requirements on its budget.
International crime networks: The globalization of crime networks continues to pose significant dangers to national and global security. These networks are involved in organized crime, engaging in such activities as trafficking in human beings, telemarketing fraud, money laundering, drug trafficking and terrorism. International criminal networks exploit national borders in an attempt to thwart the efforts of authorities in their battle to prevent trans-national crime. This world reality has made it imperative for the PPSC and other organizations to work effectively with international partners to challenge the serious threats posed by these international criminal networks, to uphold the rule of law, and to enhance safety and security at home and abroad. In 2010-11, the PPSC will again work with several international bodies such as the International Association of Prosecutors, the Heads of Prosecuting Agencies Conference, and the International Network to Promote the Rule of Law.
The North: Recruitment and retention continue to be a challenge in the Northern Regions, particularly in the Northwest Territories and Nunavut. To address this issue, the PPSC launched a recruitment strategy in February 2010. This includes public notices aimed at attracting candidates to the unique environment that the North represents and the positive experiences that can be gained from working and living there. However, Crown prosecutors assigned to the North face the stressful working conditions and pressures associated with, among other things, isolation, cultural differences, geography and the socio-economic conditions that give rise to higher crime rates. Northern prosecutors who are required to travel on court circuits often spend many days away from their homes and families, and can be left stranded for extended periods due to extreme and unexpected weather conditions. Prosecutors and Crown Witness Coordinators can also be subject to the effects of vicarious trauma due to the nature of the work they do.
Competition for scarce resources: Information gathered in 2008-09 confirmed that some regional offices face recruitment and retention challenges. In certain regions of Canada, the salaries paid to provincial prosecutors continue to exceed those paid to PPSC lawyers. This affects the PPSC's ability to attract and retain highly-skilled prosecutors. The PPSC will continue to undertake focused recruitment efforts, as well as post-secondary recruitment activities. It will also implement a people management strategy that targets areas that will ensure that the PPSC remains an employer of choice and that delineates the various corporate approaches to be used in support of workforce development.
Security: Due to the nature of their work, PPSC employees are exposed to incidents of threats and intimidation. Ensuring the safety and security of its employees is a PPSC priority, and includes putting in place appropriate security measures, policies and procedures to protect its prosecutors and other employees. In addition, the PPSC will develop and implement a business continuity plan to ensure the continued delivery of its services.
Spending Profile
As noted in the financial resources summary presented in section 1.2 above, the PPSC plans to spend $172.7 million in 2010-11 to achieve the expected results of its program activities and to contribute to its strategic outcome. The following chart illustrates the PPSC's spending trends from 2008‑09 to 2012‑13.
The increase from 2008-2009 to 2009-2010 in the PPSC's core spending is mainly due to salary adjustments, including retroactive pay, resulting from the arbitral award given to the Law Group. The increase in 2011-2012 is mainly due to the reprofiling of transition funding related to IM/IT and accommodations whereas the decrease that follows is due to the reduction in the same transition funding for 2012-2013.
Voted and Statutory Items
The following table illustrates the way in which Parliament approved PPSC resources, and shows the changes in resources derived from supplementary estimates and other authorities, as well as how funds were spent.
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Canadians can take pride in the many recent accomplishments of the Government of Canada in the fight against crime. Since its creation in 2006, the Public Prosecution Service of Canada (PPSC) has played an important role in prosecuting cases under federal jurisdiction with the highest standards of diligence and fairness.