Annual Report 2021-2022

Table of Contents

• Message from the Chief Administrator
• 2021–2022 Highlights
• Who We Are
• The Year in Review
• Looking Ahead
• The Courts We Serve
  • Federal Court of Appeal (FCA)
  • Federal Court (FC)
  • Court Martial Appeal Court of Canada (CMAC)
  • Tax Court of Canada (TCC)
• Financial Statement Highlights
• Appendix I - Acronyms
• Appendix II - Glossary
• Contact Us

Message from the Chief Administrator

Darlene H. Carreau LL.B.
Chief Administrator

I am pleased to present the 2021–22 Annual Report for the Courts Administration Service, known as CAS. This was my second year as Chief Administrator, and for the second year, CAS boldly confronted the challenges of operating in a highly complex and fluid environment. As the global pandemic continued to constrain our operations, the dedicated employees of CAS demonstrated incredible resilience and determination as we attended to the evolving needs of the Courts and Canadians, ensuring continued and uninterrupted access to justice for Canadians.

Even before the pandemic, CAS was pursuing the implementation of modern technology to improve services and access to justice. Digitization and automation of the Courts’ operations were already under way; the pandemic only accelerated our efforts. Our work ensured that the Courts remained open and continued to deliver access to justice. We continued to improve our service delivery, to deliver digital solutions, and to conduct virtual, hybrid and in-person hearings and trials. We expanded the Courts’ capacity to receive electronic documents and payments, digitized court documents, added to our range of self-service offerings, and improved the accessibility and design of the Courts’ websites. Even as we pivoted to these alternative modes of service delivery, the Courts remained open for in-person hearings thanks to the rigorous safety measures put in place to limit the potential transmission of COVID-19.

Looking to the future and given lessons learned over the last two years, we are actively building upon the innovative solutions generated in response to COVID-19, and expanding them to thoughtfully implement enhanced and sustainable solutions and services. By modernizing our court facilities and courtrooms, and incrementally expanding digital services to better serve the Courts and Canadians, we are bringing Canada’s Courts into the 21st century.

CAS boldly confronted the challenges of operating in a highly complex and fluid environment, ensuring uninterrupted access to Justice for Canadians.

The pandemic also brought into sharp focus the importance of investing in our workforce and maintaining a highly diverse, inclusive and healthy workplace. In 2021–22, we made important investments in recruiting, developing and retaining our highly qualified workforce. Their dedication and commitment to our Courts is palpable. I want to acknowledge and express my sincere appreciation for the professionalism, agility, skill and innovativeness that I have seen through these challenging times.

Ultimately, I am pleased to report that CAS continues to deliver critical services, fulfilling its important mandate in serving the Courts and promoting public confidence in Canadian institutions and the rule of law. This is not something to be taken for granted. In the context of recent challenges to institutional and social trust, CAS is keenly aware of its role in safeguarding what is precious to us all—a fair, impartial, and independent judiciary that can render decisions free of influence based solely on facts and law. I remain grateful for the close collaboration of the Chief Justices, the Associate Chief Justices, and all members of the Courts, whose commitment to these ideals is unwavering, and whose partnership is instrumental to our continued success.

Darlene H. Carreau LL.B.
Chief Administrator

2021–2022 Highlights

The Courts Administration Service (CAS) provides registry, judicial and corporate services to four courts of law: the Federal Court of Appeal (FCA), the Federal Court (FC), the Court Martial Appeal Court (CMAC) and the Tax Court of Canada (TCC), known collectively as the “Courts”. This Annual Report highlights CAS’s achievements and initiatives in the 2021–22 fiscal year.

The COVID-19 pandemic began to affect the operations and workload of the federal judiciary in March 2020 and continued to do so this fiscal year. Even in this complex context, CAS was able to advance a number of initiatives that are vital today and into the future. It did so by remaining agile and implementing innovative solutions—which was made possible by the determination of CAS’s dedicated workforce.

In 2021–22, CAS focused on four strategic priorities:

• Digital Courts: Advancing digital transformation
• Workforce of the Future: Attracting, training, and retaining a skilled and diverse workforce
• National Court Facilities and Courtrooms: Delivering modern, equipped, accessible and secure federal court facilities across Canada
• Service Excellence: Providing consistent, high-quality and timely client-centric services

Digital Courts

Throughout the fiscal year, CAS undertook a number of initiatives to further modernize and enhance the use of technology in the Courts, to support efficient operations in order to offer greater conveniences to litigants and lawyers.

Highlights for 2021–22 included:

• Advanced our multi-year project to establish an automated Courts and Registry Management System (CRMS).
• Implemented essential enhancement in network infrastructure to strengthen the digital management of court business, improve services and help prepare for implementation of the new CRMS.
• Improved self-service information sources and e-filing systems to address the needs of self-represented litigants, and improved accessibility and design of the websites of the Courts.
• Equipped additional courtrooms with the technology needed to host hearings virtually. This includes fully digital e-courtrooms as well as hybrid courtrooms where certain functions can be performed electronically.

Workforce of the Future

CAS’s diverse and skilled workforce is the foundation of our success. We are committed to ensuring an innovative, agile, and high-performing organization to support the requirements of the Courts. In 2021–22, CAS continued our recruitment efforts and invested in the training and well-being of our workforce to foster a work environment that is supportive of employees’ well-being and where they feel safe and belong, whether working from the office or remotely.

Highlights for 2021–22 included:

• Provided ethical leadership training to managers and supervisors, and hosted sessions on civility and respect in the workplace for all employees in order to raise awareness about the Code of Conduct.
• Developed and implemented a new policy on the prevention of harassment and violence in the workplace.
• Implemented CAS’s 2020–25 Anti-racism Strategy to eliminate systemic barriers and proactively address racial inequities and unconscious biases.
• Enabled several initiatives to foster awareness of diversity, inclusion, anti-racism and equity through the Chief Administrator Anti-racism Consultation and Action Committee’s Speaker Series.

National Court Facilities and Courtrooms

In 2021–22, CAS continued to advance its 10-year National Accommodation Strategic Plan (NASP), which identifies priority projects to ensure that the Courts have the necessary judicial facilities and national presence to offer the level of service that Canadians require across the country, including Ottawa, Montréal, Toronto, Hamilton, Winnipeg, Halifax, Victoria and Saskatoon.

Infrastructure investments like these will allow court facilities and courthouses to be modernized and fortified, and security protections to be upgraded and expanded. Beyond that, CAS also identified and incorporated effective threat management practices to improve the Courts’ ability to monitor and react to potential threats.

Highlights for 2021–22 included:

• Managed and supported multiple courthouse construction projects, including the construction of a new modern federal courthouse in Montréal.
• Identified best practices in threat management, and examined security that could be offered to members of the Courts under CAS’s current authorities.
• Updated the Business Continuity Plan (BCP), which improved our response to emergencies or disasters, ensuring that critical services of the Courts continue with minimal disruption or delay.

Service Excellence

In 2021–22, as the pandemic evolved, CAS continued to manage operations to ensure uninterrupted access to justice, including planning for potential further waves or an endemic state. We provided innovative ways of delivering justice remotely and online as well as ensuring safe access to our court facilities and courtrooms for in-person appearances.

Over the two years of the pandemic, the importance of high-quality service came into sharp relief. Service excellence is our lodestar as we evolve our services in a business terrain that is continually shifting. Building a workplace culture of service excellence to entrench and improve service and quality standards in processes and practices is a key priority. To support this effort, CAS expanded its change management capacity by establishing a dedicated team to provide advice, guidance and support to tackle key change initiatives.

Highlights for 2021–22 included:

• As part of pandemic management, adjusted business processes and implemented multiple rigorous measures to limit the potential transmission of COVID-19 and protect the health and safety of members of the Courts, litigants, employees and the public.
• Continued to deliver programs and services in a virtual and hybrid format, and as the pandemic began to wane, collaborated with the Courts to develop plans for phased approaches to resuming regular operations and an increased number of in-person hearings and trials.
• Undertook organizational review and improvement of governance, financial and human resource management, and employee engagement to modernize practices, processes and tools, including the creation of a new Transformation Team tasked to support transformation initiatives and better manage change in the organization.

Who We Are

For almost 20 years, CAS has been integral to the shield that safeguards the judicial independence that is the foundation of Canada’s judicial system. CAS provides registry, judicial and corporate services to four courts of law: the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada. Our services also facilitate access to justice for all Canadians by enabling litigants and legal counsel to submit disputes and other matters to be heard before the Courts.

CAS was established on July 2, 2003, with the coming into force of the Courts Administration Service Act, S.C. 2002, c. 8 (CAS Act). As described in section 2 of the CAS Act, our mandate is to:

• facilitate coordination and cooperation among the four Courts for the purpose of ensuring the effective and efficient provision of administrative services;
• enhance judicial independence by placing administrative services at arm’s length from the Government of Canada and by affirming the roles of Chief Justices and judges in the management of the Courts; and
• enhance accountability for the use of public money in support of court administration while safeguarding the independence of the judiciary.

Service Delivery Across Canada

The Courts that CAS serves are national and itinerant, holding hearings across Canada to reach Canadians wherever they are. The Chief Justices are responsible for the judicial functions of their Courts, including the direction and supervision of court sittings and the assignment of judicial duties.

As of March 31, 2022, CAS had 755 full-time employees providing services to 94 members of the Courts, including Chief Justices, Associate Chief Justices, Justices, Prothonotaries and Supernumeraries.

Judicial and registry services are offered in every province and territory through a network of 13 permanent offices and agreements with seven provincial and territorial courts. CAS supports members of the Courts in preparing files, conducting hearings and writing decisions “anywhere, anytime,” and maintains 57 courtrooms across Canada. The headquarters of the Courts are located in Ottawa, with primary regional offices in Vancouver, Toronto and Montréal, and local offices in Calgary, Edmonton, Winnipeg, Hamilton, Québec, Halifax, Fredericton and St. John’s.

Services Offered

Judicial Services

CAS provides legal services and administrative support services to assist members of the Courts in the discharge of their judicial functions. Our judicial services are delivered by legal counsel, judicial administrators, law clerks, jurilinguists, judicial assistants, library personnel and court attendants, under the direction of the four Chief Justices and members of the Courts.

Registry Services

Registry services are delivered under the direction of each the Courts through the respective registries, which process legal documents, provide information to litigants on court procedures, maintain court records, participate in court hearings, and support and assist in enforcing court orders. Our registry staff also work closely with the offices of the four Chief Justices to ensure that matters are heard and decisions are rendered promptly.

E-Courts

The e-court program modernizes the administration of justice by providing a range of modern, scalable and fully integrated electronic court and registry management solutions. The e-court program includes electronic filing of documents, transmittal of judicial orders and reasons and electronic hearings.

Security

The Court Security Program contributes to the safety of the Courts by developing, implementing and ensuring compliance with policies and procedures designed to ensure the safety and security of members of the judiciary, litigants and employees. The program also cultivates and enhances the organization’s capacity to respond to threats through ongoing collaboration with law enforcement departments and agencies and the optimum use of security intelligence. Furthermore, the program identifies capability gaps and develops solutions to address deficiencies and enhance the organization’s capabilities against potential threats.

Corporate Services

CAS furnishes a full range of corporate services to support the Courts and their respective registries. These services include acquisitions; communications services; financial management; human resources management; information management; information technology; legal services; management andoversight services; material; real property; travel and other administrative services.

Governance And Accountability

CAS is an independent organization within the portfolio of the Minister of Justice, with an arm’s length relationship with the Minister of Justice and the Attorney General of Canada. As the chief executive officer of the organization and its deputy head, the Chief Administrator supervises and directs the work of CAS, with all the powers necessary to ensure the overall effective and efficient management and administration of court services. Our accountabilities are maintained through annual reports to Parliament. In addition, CAS’s governance structure ensures meaningful consultation with the Courts and the participation of their members in key governance committees to discuss Court priorities. The Chief Justices Steering Committee (CJSC) advises the Chief Administrator on CAS’s priorities, risks, budget allocations and other significant matters affecting the Courts. The CJSC is supported by three national judges committees (Security, Information Management/Information Technology and Accommodations), whose membership includes representatives of each of the Courts and CAS.

Our Priorities

An independent judiciary strengthens the rule of law and contributes to the legitimacy of Canada’s system of government. By exercising sound management principles and exhibiting careful stewardship of the investments it oversees and the services it delivers, CAS helps to safeguard judicial independence and the rule of law.

In 2021–22, CAS focused on how best to support the Courts in not only maintaining their operations, but also transforming to reflect post–COVID-19 realities. CAS is building on its response to the pandemic, continuing to focus on the users of the justice system and implementing sustainable solutions to address long-standing issues.

Towards that end, CAS is envisioning a courts administration that is digital, inclusive, innovative, efficient and responsive to the Courts, litigants and Canadians. Therefore, it focused its energy in four core areas:

• Digital Courts: Advancing digital transformation
• Workforce of the Future: Attracting, training, and retaining a skilled and diverse workforce
• National Court Facilities and Courtrooms: Delivering modern, equipped, accessible and secure federal court facilities across Canada
• Service Excellence: Providing consistent, high-quality and timely client-centric services

The Year in Review

Digital Courts

In 2021–22, CAS made advancements with its multi-year project to implement an automated CRMS. The CRMS would integrate many of the day-to-day functions of CAS’s registry into a single information technology system. These functions include case management, access to case records and documents, transmission and service of court records, transfer of cases and documents among Courts, and scheduling of cases and courtrooms. CAS engaged experts to validate the CRMS project plan and sought information from industry about the range of options/approaches available for a new system. CAS also commissioned a professional market analysis to determine the suitability of a commercial off-the-shelf software system.

Essential investments in network infrastructure enhancements and systems also continued in 2021–22 to improve the digital management of court business, modernize digital services, and prepare for the new CRMS. These investments helped make necessary progress with the phased transition from paper-based to digital courts and facilitated and strengthened the organization’s capacity to provide online services to meet augmented demands.

CAS deployed IT equipment, software, infrastructure and connectivity to support virtual and hybrid hearings of the Courts and remote work of members of the Courts and employees.

During this time of transition, CAS continued to maintain existing systems applications to support court business and proceeded with several other projects to improve digital court services, including working with the Courts to enhance e-filing capabilities and equip additional courtrooms to facilitate a more significant number of virtual and hybrid hearings.

CAS made significant progress on plans to modernize its information management practices. Its electronic document and record management system was expanded, and onboarding to the system was completed with all regional offices, Integrated Services, and Judicial and Registry Services’ employees serving the four Courts. CAS also continued to engage members of the Courts in discussions on the adoption of the same system for storing and managing judicial information.

In 2021-22, the Courts and CAS saw significant gains in reviewing the retention, disposition, security and classification standards for judicial information and developed a schedule for the retention and disposition of that information. The Canadian Judicial Council (CJC)-Blueprint for the Security of Judicial Information calls for each Court to implement multiple information management and information technology policies on the security, accessibility and integrity of judicial information. Policies would include adopting a standard definition of “judicial information” as well as establishing a security classification scheme, retention schedule and document management system. Each Court is currently developing its court-level protocol with detailed procedures on the handling of “judicial information” based on the new security classification.

Workforce of the Future

In 2021–22, CAS maintained focus on elaborating strategies to attract, retain and develop a bilingual, diverse, engaged and highly skilled workforce. In keeping with this objective, the organization formulated several plans to be initiated in the coming years, including a recruitment, retention and development strategy supportive of the workforce and the health and well-being of employees.

CAS sustained its focus on employee mental health, especially in the context of COVID-19, with regular communications and wellness activities such as online mindfulness meditation sessions, and sessions on managing stress during transitions. Messages from the Chief Administrator shared information about the Employee Assistance Program and CAS’s Ombuds Program, as well as more general information about protecting mental health.

To raise awareness about the Code of Conduct, ethical leadership training was provided to managers and supervisors, and sessions on civility and respect in the workplace were offered to all employees. Moreover, the new CAS policy on prevention of harassment and violence in the workplace was implemented in 2021–22.

In 2021–22, CAS continued to promote a healthy and inclusive workplace where employees feel respected and valued. This included the continued implementation of its 2020–2025 Anti-racism Strategy to eliminate systemic barriers and proactively address racial inequities and unconscious biases by assessing organizational structures, policies, and programs. A dedicated budget was created to fund the organization’s diversity, inclusion, anti-racism and equity agenda.

National Court Facilities And Courtrooms

COVID-19 has changed how people interact with their governments and institutions. For the Courts and CAS, this has meant rapid acceleration in the use of technology and changes in how court facilities are used.

In light of these new considerations, CAS continued to advance critical projects in 2021–22 to ensure the Courts have modern, secure and accessible judicial facilities and national presence to offer the level of services that Canadians require.

CAS identified key requirements for court facilities in Ottawa, Toronto, Hamilton, Winnipeg, Halifax, Victoria and Saskatoon to accommodate increasing caseloads, operational needs, and a growing judicial complement. CAS also advanced plans to construct a new modern federal courthouse in Montréal.

In terms of security, CAS continued to improve its overall stance to keep court facilities secure for all users, a critical part of ensuring service delivery to Canadians and uninterrupted access to justice.

CAS will continue to advance these projects in 2022–23.

Service Excellence

The COVID-19 pandemic continued to affect the Courts’ and CAS’s operations. We continued to adapt our service delivery model to best support the Courts given the risks posed by the pandemic and the public health restrictions in effect across the country. Our response to COVID-19 involved implementing a multi-layered health and safety approach in all our court facilities and courtrooms across Canada, utilizing a combination of mitigation strategies concurrently. We safeguarded the health of everyone entering our facilities and courtrooms while ensuring access to justice and continuing court operations as effectively and as efficiently as possible. Our efforts ensured that the Courts could safely conduct in-person hearings and proceedings, as required throughout the pandemic. Many of our employees across the country worked on site and alongside the members of the Courts to ensure the Courts remained operational and resilient throughout. The dedication of these employees is nothing short of exemplary.

We continued our measures to mitigate the potential transmission of COVID-19 and protect our employees and those accessing court services and our court facilities and courtrooms in person.  This included reviewing and adjusting protective barriers in courtrooms and in workspaces across the country where physical distancing was not possible, continuing with enhanced cleaning of facilities and courtrooms as well as distributing personal protective and sanitation equipment to members of the Courts, employees and members of the public entering our facilities.

Our measures were actively monitored and adjusted continuously in keeping with the evolution of the pandemic and the latest advice from public health agencies across Canada. Modifications were also reflected in the guidance documents to provide managers, employees and the public with the most current and up-to-date guidance and information.

In 2021–22, CAS updated the Guidelines for Safe Court Facilities and Courtrooms Operations during the COVID-19 Pandemic, which are published on the CAS website, for in-person court operations. This guide outlines the procedures and protocols that apply to all members of the public attending in-person hearings or visiting the registry counter. CAS also updated its COVID-19 workplace preventative measures guides for employees and managers.

CAS supported the Courts to continue to successfully conduct hearings, case management, settlement conferences and trials either virtually or in a hybrid mode. CAS also collaborated closely with the Courts to develop plans for phased approaches to resuming more regular in-person court operations and in-person hearings and trials.

Business and service transformation also continued to be a priority for CAS on 2021–22. The COVID-19 pandemic continued to drive evolution in all service delivery areas, including the Courts’ services. It has accelerated and broadened the use of technology, impacting labour market resource availability, financial resources and organizational capacity. Growing demand from the public and legal community for means to interact with the Courts in a digital format continues. These external drivers demand a robust strategy to continue to effectively and efficiently deliver access to justice and the required service, business and digital transformations.

Hence, in 2021–22, CAS developed a change management strategy, the first and most critical step in implementing a change management methodology to furnish direction for informed decision-making and to bring service, business and digital transformations to life. In parallel, this strategy is supported by emotional intelligence training available to all CAS employees to positively support our organizational culture and position us to deliver on the key transformational priorities of the Courts.

Looking Ahead

Rule of law is a key pillar of democratic societies, and it is built on a foundation of judicial independence. The events of this past winter have reminded us that public institutions must be fiercely guarded, and that the public’s confidence therein is not something to take for granted, but rather must be maintained diligently and earned every day. In this sense, judicial administration is a vital democratic good, one which CAS is privileged and honoured to realize each year in close collaboration with the Courts.

In parallel, the future of judicial administration remains tightly linked to the experiences, experiments, and lessons learned from the last two years of the pandemic. The transformations that occurred were driven not just by public health, but equally by a judiciary committed to access to justice and meeting the modern expectations of Canadians. Courts succeeded in maintaining confidence in the Canadian judicial system during trying times, but must continue along the same path beyond the pandemic to ensure its resiliency.

In 2022–2023, CAS will continue to focus on its strategic priorities, each of which was conceived as a means through which the public’s trust in Canada’s judges and justice system can be protected and promoted.

CAS will continue to invest in digital technologies as a means to meet Canadians’ expectations and prioritize access to justice. It will build on the vision set out by the Chief Justices to ensure Canadian courts are modern, accessible, secure and digitally-enabled. This will include improvements to e-filing and e-payment, data management and transparency, and cyber security. It will continue to pursue, experiment with and deliver digital solutions for services and management of court business.

CAS will continue to invest in its court and courtroom facilities so that they are modern, accessible, safe, adaptable, and fully equipped with the technology necessary to support virtual and hybrid hearings. CAS will be moving forward with an ambitious, multi-year modernization plan that will update existing court facilities in Toronto, Ottawa, Hamilton, Winnipeg and Halifax, as well as construct new ones in Montréal, Saskatoon and Victoria, to ensure a national presence and meet the service needs of Canadians across the country. It will also be implementing environmental sustainability initiatives, as well as accessibility plans under the Accessible Canada Act.

CAS will continue to invest in its people, building a workforce for the future that is vibrant, agile, flexible and diverse. This means prioritizing training and onboarding of staff, both to integrate new employees and create a culture of innovation and continual learning. In addition, it will develop and implement an accessibility plan to identify, remove, and prevent barriers that impede persons with disabilities from equally and fully participating in the judicial workplace.

Finally, as it moves forward, CAS will continue to strive to achieve service excellence. This means providing consistent, high-quality and timely client-centric services. CAS will support its employees so that they are engaged, equipped and ready to provide quality services to the judiciary and the Canadian public.

Despite the trials and tribulations of recent years—or more precisely, because of those challenges—administration of justice in this country has never been stronger. On an accelerated basis, CAS has ushered in an era where modern tools and sensibilities are deployed to deliver high quality services, digital efficiencies, and unparalleled access to justice. That work is ongoing, continuous, complex and demanding. CAS is up to the challenge and it will not relent.

The Courts We Serve

The Courts that CAS serves were established by the Parliament of Canada pursuant to its authority under section 101 of the Constitution Act, 1867 “for the better administration of the Laws of Canada”. In the exercise of their respective roles, the Courts make decisions, interpret and establish precedents, set standards and decide questions of law.

The Courts’ Statistics in 2021–22 at a Glance (as of March 31, 2022)

Our Key Corporate Risks

To manage its risk effectively, CAS has an integrated risk management approach with optimal risk mitigation strategies and harmonized approaches for evaluating, controlling and monitoring corporate risks. In 2021–22, CAS applied these processes and engaged the most senior levels of the organization and the Chief Justices of the Courts in the identification and evaluation of the most pertinent risks for the organization, as well as in the determination of proper response strategies to effectively mitigate these risks. Assigned risk owners were also responsible for monitoring the risks and the effectiveness of mitigation strategies and for reporting on results.

The following outlines key corporate risks, critical drivers, impacts and the most effective risk response strategies employed in 2021–22.

Pandemic

There is a risk that COVID-19 will seriously and negatively impact the health and well-being of employees and members of the Courts; will impose unaffordable demands on the limited resources of the organization; and will disrupt the operations of the Courts and CAS in the delivery of access to justice for all Canadians.

This risk was driven by the ongoing and persistent impacts of the pandemic on Canada and internationally, the unpredictable implications of the virus on the Courts’ work, changing public health recommendations and restrictions, and the pandemic’s significant impact on how services were delivered to the Courts. Additionally, unforeseen and non-discretionary incremental costs to manage the impact of the COVID-19 pandemic, including costs related to IT infrastructure, hardware and software and to the enforcement of cleaning requirements and physical distancing, presented a strain on CAS’s modest reference levels.

Mitigation measures were swift and consistent; they included necessary ongoing modification of business delivery models and the maintenance of protocols implemented in the prior year to avoid the potential transmission of COVID-19. CAS also continued to utilize a multi-layered risk mitigation approach with a combination of concurrent preventive measures to limit the possible transmission of the COVID-19 virus and protect the health and safety of members of the Courts, court users, CAS employees and the public. CAS maintained and continued to support remote work and services wherever feasible, offered electronic filing of court documents, and supported virtual hearings based on the Courts’ operational requirements. Several programs and services to promote employee wellness and resiliency, including those focusing on mental health, physical well-being, training, diversity and anti-racism, and advice on adapting to working remotely, continued to be provided. To keep employees informed of the latest developments regarding the pandemic, CAS continued to make resources and tools available to members of the Courts and employees and used frequent and sustained communication to reach employees from coast to coast to coast effectively.

CAS received off-cycle funding in 2020–21 in the amount of $9.1 million and Budget 2021 funding in 2021–22 in the amount of $5.4 million. This funding has allowed CAS to implement measures to respond to the pandemic’s public health requirements and operational impacts; support on-site operations; and protect members of the Courts, counsel, parties, members of the public and CAS employees who are together in CAS-managed facilities. Activities have included site audits and air quality monitoring, distancing measures, guidance and protocols, Plexiglas partitions in courtrooms and work areas, signage, increased cleaning frequency and rigour, specialized disinfection following suspected and confirmed cases, sanitization materials, and provision of masks. CAS also deployed IT equipment, software, infrastructure and connectivity to support virtual and hybrid hearings of the Courts and remote work of members of the Courts and employees.

Courts and Registry Management System (CRMS)

There is a risk that system applications and infrastructure will be unable to respond to the evolving requirements of the Courts, litigants and CAS, impacting service delivery efficiency and access to justice.

In 2021–22, a confluence of factors drove this risk; these factors included the growing public demand for court technological and digital services and the results of various assessments of the network architecture and computing environment. This risk was further driven by a push to adapt to a mix of in-person and virtual hearings with unencumbered access to court records and services—complemented by practical tools and guides for court users—while being impeded by time constraints. Repeated calls from stakeholders, compounded by the discovery of prohibitive limitations to existing offerings in the courts and tribunals administration domain, resulted in a substantial delay in the CRMS project delivery timeline.

Informed by lessons learned early in the CRMS project’s definition phase, CAS engaged the Courts, central agencies and critical stakeholders to re-examine its project plan and reassess its funding requirements. CAS also implemented several projects to facilitate digital court services, enhanced its e-filing capabilities and established additional electronic courtrooms to accommodate more virtual trials. Network infrastructure enhancements were also undertaken to modernize digital services and prepare for the new CRMS.

Organizational Transformation and Change Management

There is a risk that resistance or insufficient capacity to adapt to a new operating environment will impede the achievement of organizational objectives.

Many factors drove this risk in 2021–22, including the evolving impact of technology and the effects of the COVID-19 pandemic on business and service delivery. In addition, the increased use of remote work arrangements and shortages in the workforce with the competencies necessary to meet the Courts’ needs continued to accelerate this risk. Considerable pressure was also exerted on the organization’s financial and human resources by increased expectations of members of the Courts, litigants, lawyers and court users. With this accelerated pace of change and the amplified workload in certain areas came a necessity to increase focus on mental health, diversity and anti-racism in the workplace, as well as the need to update training and competencies to meet the requirements of the evolving nature of work. The organization’s transformational agenda outlined in the CAS Strategic Business Plan 2020–25 also necessitated an increased focus on this risk.

To respond to this risk and facilitate a successful transition during this period of significant change, CAS established and staffed a position of executive director for change management to help guide the organization’s service and business transformation agenda.

Information Management

There is a risk of loss, damage or inability to access records of business value or historical jurisprudence that may impact decision-making.

In 2021–22, many drivers propelled this risk. The most prescient drivers were stringent rules and regulations regarding the safeguard of court documents; the need for classification schemes to define court and judicial information, including security and handling methods; the need to improve management of corporate data/information; the absence of backup for paper court records; a lack of resources to safeguard original documents in an alternative format; the potential impact of the loss of information of business value; the precedent-setting nature and historical importance of judicial information held by CAS; repeated public demands for digital services and the corresponding need to share information electronically; the inability of current systems to meet evolving information management needs; and delays in addressing identified system gaps.

Risk response strategies included applying rigorous corporate information management practices, analyzing options to digitize court records, and onboarding operational areas and the regional offices to the corporate electronic document and record management system. Additionally, CAS continued to ensure suitable conditions for archived court documents, including space for storing and archiving hard-copy court documents.

Access to Justice

There is a risk that the funding model for the Courts could compromise access to justice and impact the judicial independence of the Courts.

Risk related to access to justice continued to be driven by several factors, including the scope and complexity of the federal courts’ system; the increasing workloads faced by the Courts; technological advancements; public demands for online services; non-discretionary work associated with the escalation in the number of multi-day hearings; the large numbers of documents received yearly by the Courts; the rise in the number of self-represented litigants; and the number of national court facilities requiring modernization and targeted expansion to meet the growing workload of the Courts.

IT Security

There is a risk that the security of information and/or IT infrastructure could be compromised.

Several factors drove CAS’s IT security risk in 2021–22. These include the increase in the number of sensitive files; the ongoing need for enabling infrastructure and tools to support security, confidentiality, integrity and privacy of information; the need to protect the safety and security of the critical IT infrastructure of the Courts and CAS; repeated calls for digital services from the Courts; results of various assessments of CAS’s network, architecture and computing environment conducted over the past few years; the emergence of new technology (including artificial intelligence and quantum computing); and a large number of employees working and providing administrative services to the Courts remotely during the COVID-19 pandemic.

The most critical risk response strategies remained measures put in place to improve the IT security posture of the Courts and CAS, including implementing software and hardware enhancements to systems and IT infrastructure, maintaining proper network access controls and supporting the objectives of the Government of Canada’s National Cyber Security Strategy.

Physical Security

There is a risk that the physical security of the members of the Courts, court users, employees and facilities could be compromised.

Many factors continued to drive this risk in 2021–22, including increases in the number of national security files; the imperative to ensure that judges will be able to render decisions free of influence and based solely on facts and law; and continued growth in the number of self-represented litigants.

To respond to this risk, CAS conducted consistent assessments of its security posture using a  risk-based approach; put in place necessary measures to address the findings of threat and risk assessments; maintained accurate and up-to-date information to inform decisions; conducted a review of security incidents to better align with the Policy on Government Security; continued to implement CAS’s comprehensive security programs; made required enhancements to the physical security of facilities; updated CAS’s BCP; and continued to adopt strategic risk-based approaches to security management. In addition, CAS maintained ongoing collaboration with the law enforcement community across Canada to inform strategic security decisions and strengthen services to the Courts.

Financial Statement Highlights

The highlights presented in this section are drawn from CAS’s financial statements (unaudited) for the year ended March 31, 2022. These financial statements are prepared on an accrual basis and have been prepared using Government of Canada accounting policies, which are based on Canadian public-sector accounting standards.

Courts Administration Service
Condensed Statement of Operations (unaudited)
As at March 31, 2022 (dollars)

Note:
The 2021–22 planned results are those reported in the Future-Oriented Statement of Operations included in the 2021–22 Departmental Plan.

Expenses: CAS’s total expenses were $130,920,683 in 2021–22 ($132,648,308 in 2020–21). The decrease of $1,727,625 (-1.30%) is mainly due to the decrease of $5,304,719 in salaries and wages offset by an increase of $3,577,094 in operating expenses.

• Salaries and employee benefits: Salaries and employee benefits expense was $74,191,494 in 2021–22 ($79,496,213 in 2020–21). The $5,304,719 (-6.67%) variance is due to decreases of $4,385,902 in salaries and wages, and $585,430 in employer contributions to employee benefit plans, both of which were a direct result of the payment of the retro pay resulting from the signature of new collective agreements in 2021–22. Other variances include: $444,001 in the provision for severance benefits, partly offset by an increase of $110,614 in employer contribution to the health and dental insurance plans (related party transaction). More than half (56.67%) of CAS’s total expenses in 2021–22 consisted of salaries and employee benefits.
• Operating: Operating expenses totaled $56,729,189 in 2021–22 ($53,152,095 in 2020–21). The $3,577,094 (6.73%) variance is mainly attributable to increases of $1,502,891 in miscellaneous operating expenses resulting from the inventory consumption adjustment and the recognition of prepaid expenses. The variance is also explained by the increase of $937,877 in professional and special services, $780,013 in accommodation, $768,547 in transportation and telecommunications, $487,696 in amortization of tangible capital assets, $132,909 in printing and publishing, $82,049 in repairs and maintenance, $58,008 in rentals, and $954 in expenses incurred on behalf of Government. These increases were partly offset by decreases of $684,150 in materials and supplies, and $489,700 in machinery and equipment.

Revenues: The majority of CAS’s revenues are earned on behalf of Government. Such revenues are non-respendable, meaning that they cannot be used by CAS and are deposited directly into the Consolidated Revenue Fund. CAS earns a small amount of respendable revenue from the sale of Crown assets. CAS’s gross revenues were $2,397,611 in 2021–22 ($1,927,736 in 2020–21), and its net revenues were $307 in 2021–22 ($5,334 in 2020–21).

Courts Administration Service
Condensed Statement of Financial Position (unaudited)
As at March 31, 2022 (dollars)

Note:

Total liabilities: CAS’s net liabilities as at March 31, 2022 were $24,370,814 ($24,540,516 as at March 31, 2021). The decrease of $169,702 (-1%) is the result of the following:

• Accounts payable and accrued liabilities (46.61% of total liabilities): Decrease of $253,642 includes a decrease of $1,742,499 in accounts payable to other government departments and agencies and of $219,801 in accrued liabilities related to salaries and wages. Decrease offset by an increase of $1,708,658 in accounts payable to external parties.
• Vacation pay and compensatory leave (18.11% of total liabilities): Decrease of $346,147 includes a decrease of $388,193 in vacation pay allowance, partly offset by an increase of $42,046 in compensatory leave allowance.
• Deposit accounts (28.77% of total liabilities): Increase of $939,768 in deposit accounts reflects many separate decisions of the Courts. Deposits cannot be projected and the balance in the deposit accounts can vary significantly from year to year.
• Employee future benefits (6.51% of total liabilities): Decrease of $509,681 due to a decrease in the severance benefit liability.

Assets: The composition of CAS’s financial and non-financial assets is as follows:

Financial assets:

• Due from the Consolidated Revenue Fund (33.76% of gross assets)

Non-financial assets:

• Tangible capital assets (55.92% of gross assets)
• Inventory (1.39% of gross assets)
• Prepaid expenses (2.20% of gross assets)

Total net financial assets: This is comprised of financial assets net of accounts receivable held on behalf of Government. Accounts receivable held on behalf of the Government of Canada consist primarily of accounts receivable from other governmental organizations. The increase of $2,346,940 is mainly due to an increase in the accounts receivable and amount due from the Consolidated Revenue Fund.

Total non-financial assets: The increase of $1,648,810 is mainly due to an increase of $1,996,131 in tangible capital assets related to facilities renovation projects, informatics and e-courtroom purchases and installation of informatics equipment. This increase is partly offset by a decrease of $242,491 in inventory and $104,830 in prepaid expenses.

Departmental net debt: This provides a measure of the future authorities required to pay for past transactions and events.

Departmental net financial position: This represents the net resources (financial and  non-financial) that will be used to provide future services to the Courts and thereby to benefit Canadians.

Appendix I - Acronyms

BCP

Business Continuity Plan

CAS

Courts Administration Service

CAS Act

Courts Administration Service Act

CJSC

Chief Justices Steering Committee

CMAC

Court Martial Appeal Court

COVID-19

Novel coronavirus

CRMS

Courts and Registry Management System

FC

Federal Court

FCA

Federal Court of Appeal

GST/HST

Goods and Services Tax / Harmonized Sales Tax

IT

Information Technology

NASP

National Accommodation Strategic Plan

R.S.C.

Revised Statues of Canada

S.C.

Statues of Canada

TCC

Tax Court of Canada

Appendix II - Glossary

Contact Us

Courtrooms and Registry Operations of the Federal Court of Appeal (FCA), the Federal Court (FC) and the Court Martial Appeal Court (CMAC)

Thomas D’Arcy McGee Building
90 Sparks Street
Ottawa, Ontario
K1A 0H9

Telephone
FCA/CMAC: 613-996-6795
FC: 613-992-4238

Fax
FCA/CMAC: 613-952-7226
FC (non-immigration): 613-952-3653
FC (immigration): 613-947-2141
TTY FCA/FC: 613-995-4640
TTY CMAC: 613-947-0407

Toll-free numbers
FCA: 1-800-565-0541
FC: 1-800-663-2096
CMAC: 1-800-665-3329

Courtrooms and Registry of the Tax Court of Canada (TCC)
Centennial Towers
200 Kent Street
Ottawa, Ontario
K1A 0M1

Telephone: 613-992-0901
Fax: 613-957-9034
TTY: 613-943-0946
Toll-free number: 1-800-927-5499

Information on regional and local offices can be found on CAS’s website at: https://www.cas-satj.gc.ca/en/pages/registry/offices