In 2018–19, the following had the greatest impact on the environment within which CAS operates.
Judicial independence is a cornerstone of the Canadian judicial system. Under the Constitution, the judiciary is separate from and independent of the executive and legislative branches. Judicial independence is a guarantee that judges will make decisions free of influence and based solely on facts and law. It has three components: security of tenure, financial security and administrative independence.
The CAS Act enhances judicial independence by placing administrative services at arm’s length from the Government of Canada and enhances accountability for the use of public money. Therefore, safeguarding the principle of judicial independence is a key operational consideration for CAS when providing services to the Courts, as well as in supporting the roles of the Chief Justices and judges in the management of the Courts.
Services required by the judiciary — including registries, hearing-related activities, legal counsel, judicial administrators, law clerks, jurilinguists, judicial assistants, library personnel and court attendants — are provided as directed by the Chief Justices. The national and itinerant nature of the Courts also requires CAS to provide support to members of the Courts and deliver court and registry services in various locations across the country. As such, the individual and unique requirements of each of the Courts, the distinct nature of the Courts’ business, and the characteristics of the Canadian judicial system, are all factors that CAS must consider when delivering services to the Courts.
The volume of cases before the Courts is a key factor for the level of support required from CAS, particularly in terms of registry and judicial services. This volume can be somewhat unpredictable, as changes in legislation and regulations, policy decisions, as well as precedents from judgements can all influence the number of cases submitted before the Courts. In addition, the nature and increasing complexity of the cases filed can considerably impact the workloads of the Courts and registries, particularly in those related to national security, intellectual property, Aboriginal claims, taxation and immigration — which exacerbate pressures on staff, including judicial and registry support.
Today, people routinely conduct business online and demand the same services from the government as they receive from private sector organizations. Members of the Courts, litigants and the legal community expect to be able to use modern technologies and electronic tools. Emerging technologies and new trends in providing e-services are key considerations for CAS in its service delivery and systems. However, legacy systems currently employed by CAS offer very limited functionality to accommodate e-services and e-courts. Therefore, CAS will continue to pursue efforts to acquire and implement a modern CRMS that enable the Courts and CAS to work digitally and to deliver e-services to Canadians. These measures are in line with Treasury Board’s priority to improve government operations and service delivery, including developing a new digital policy to make government more service oriented, open, collaborative, accessible, and digitally enabled.
CAS’s ability to provide the required level of mandated services to meet the operational needs of the Courts, as well as associated services to litigants and their legal counsel, is dependent on available financial and human resources. Funding received in Budget 2018 has allowed CAS to restore its capacity particularly in judicial and registry services. CAS will continue with its efforts to ensure that the organization has in place the resources necessary to deliver the level of mandated services required by the Courts. This will include seeking funding for initiatives necessary for the long-term operations of the Courts and CAS such as a modern CRMS.
CAS’s ability to provide the level of mandated services required by the Courts also depends on the strength of its workforce. Much of the work undertaken at CAS requires specialized skills and strong knowledge of the legal/judicial environment, as well as technical knowledge in the respective jurisdictions of the Courts. Given the unique skill sets required, CAS must often compete with other courts across Canada or other federal departments to attract and retain skilled employees. Additionally, CAS has a mature workforce. The average age of the workforce is 44 (excluding law clerks) and approximately 24% of CAS employees will become eligible for retirement in the next five years.