Departmental Plan 2018-2019

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The Honourable Jody Wilson-Raybould, P.C., Q.C., M.P.
Minister of Justice and Attorney General of Canada


Table of Contents

Chief Administrator’s Message

Plans at a glance

Planned results: what we want to achieve this year and beyond

Spending and human resources

Supplementary information

Appendix: definitions

Endnotes


Chief Administrator’s Message

I am pleased to present the 2018–19 Departmental Plan of the Courts Administration Service (CAS). This report highlights our main areas of focus, and the results we aim to achieve in providing support services to the Federal Court of Appeal (FCA), the Federal Court (FC), the Court Martial Appeal Court of Canada (CMAC) and the Tax Court of Canada (TCC).

Since its establishment in 2003, CAS has strived to provide timely and efficient service in support of the four Courts while safeguarding judicial independence—a cornerstone of the Canadian judicial system and our democracy. However, the distinct requirements of each Court and the evolving and ongoing demands by Canadians and the legal community for increased availability of e-services continue to pose considerable challenges for CAS in meeting its core responsibilities with the limited available resources.

The priority placed on technology-enabled courts, as well as the continued security of the Courts and their members warrant that they be recognized as programs in themselves. As such in 2018–19, CAS’s Departmental Results Framework now includes e-courts and security, in addition to the judicial and registry programs. This will effectively respond to the current, unique, needs of the Courts and allow CAS to better measure and report on results in these areas.

In 2018–19 particular focus will be placed on enhancing court and registry technologies to allow access to court services electronically, continuing to enhance physical and information technology security, ensuring the space requirements of the Courts are met, and facilitating the timely translation and posting of court decisions on websites of the Courts.

Understanding that the organization’s ability to provide the Courts with the necessary level of administrative services is dependent on available financial and human resources, CAS will invest additional resources received through the budget process to ensure ongoing operational sustainability and address the growing and increasingly complex caseloads faced by the Courts. Succession planning, talent management and training will continue over the course of 2018–19 to enable employees' ongoing contribution to service delivery excellence. As with the previous fiscal year, CAS will also continue to implement its work description review to ensure that the workforce has the skills and competencies needed to meet the evolving needs of the Courts.

The year ahead marks an important milestone for CAS, as the organization celebrates its fifteenth anniversary. This upcoming anniversary not only provides the Courts and CAS with an opportunity to look back on past accomplishments, but also to look forward to the future to innovate and experiment. With the continued dedication of our employees and the invaluable collaboration of the Chief Justices and the members of the Courts, I am confident that we will successfully advance our priorities in the year ahead.

I invite you to read this report to learn more about CAS’s plans and priorities for 2018–19.


Daniel Gosselin, FCPA, FCA
Chief Administrator


Plans at a glance

In 2018–19, CAS will pursue the following five organizational priorities in delivering its core responsibility to provide administration services to the federal Courts.

  1. Courts and Registry Technologies: Articulate a strategy to provide the Courts, litigants and CAS with an enabling, modern and integrated information technology (IT) environment supportive of their needs.

    CAS will undertake a variety of initiatives in 2018–19 to enhance court and registry technologies to allow members of the Courts, litigants and the public access to court services electronically. Central to CAS’s efforts will be to work with the four Courts to move forward on a proposal to implement a modern Courts and Registry Management System (CRMS). A new CRMS would promote access to justice by facilitating electronic filing of court documents and automating processes driven by court rules and procedures. It would also enable more efficient scheduling of hearings and courtrooms and electronic generation of correspondence to litigants and legal professionals.

    To build the supporting IT environment necessary for a new CRMS, CAS will continue to implement its multi-year IT Infrastructure Management Plan, while rolling out electronic functionality such as e-scheduling and improved e-filing capability. Based on the results of a pilot test, technology to support e-courts will also be implemented in additional courtrooms. CAS will invest in an electronic document management system for corporate information of business value with the objective of building capacity for the electronic management of such documents.

  2. Human Resources: Implement a sustainable human resources model to meet the current and future needs of CAS and the Courts.

    CAS’s ability to provide administrative services to the Courts 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 field of each Court. To ensure that the organization has the right people in the right place at the right time today and for the future, and as part of its sustainable human resources model, CAS will continue to implement its three-year Integrated Human Resources (HR) Plan. Work will also be done with the Courts to address critical staff shortfalls in judicial, registry and corporate services. To promote a healthy work environment, programs targeted at workplace and mental health will also be launched. Employee learning and development will center on providing critical operational training and modernizing training materials.

  3. Facilities: Ensure that CAS’s space envelope meets operational requirements of the Courts and CAS and provides a safe and accessible environment for members of the Courts, employees and court users.

    The Courts, due to the functions they perform, and their fundamental status in Canadian democracy and the rule of law, have a unique set of operational requirements that CAS must accommodate. To ensure the Courts’ facilities meets their requirements—both current and future—CAS will invest in a number of facilities-related initiatives over the course of 2018–19. This will include reviewing national judicial fit-up standards, advancing the National Accommodations Strategic Plan, undertaking an office expansion for the Toronto regional office and working to establish a long-term location for a Court facility in Hamilton.

  4. Translation: Implement a new translation model to support effective service delivery.

    CAS has constitutional and quasi-constitutional obligations in providing translation of decisions rendered by the Courts. According to both the Charter of Rights and Freedoms and the Official Languages Act (OLA), there are specific imperatives placed on the Courts and on CAS to provide equal access to justice by ensuring that decisions of the Courts are available in both official languages. Building on work completed in 2017–18, and to continue to support the timely translation of decisions, in 2018–19 CAS will review its translation model, refine its requirements, explore the potential for automation of translation and enhance in-house translation capacity. CAS will also continue to take necessary steps, including the development of a business case, to secure adequate funding to implement a new translation service model that will significantly decrease the delays for translation of decisions and improve access to justice in both official languages.

  5. Security: Finalize enhancements to physical and IT security for members of the Courts, their users and employees.

    Ensuring the physical security of members of the Courts, court users and employees will continue to be a priority for CAS in 2018–19. Building on work carried out in recent years, a new comprehensive threat and risk assessment of the Courts’ systems will be conducted to identify potential new risks and validate the efficiency of mitigation measures. CAS will also maintain ongoing collaboration with the law enforcement community across Canada to inform strategic security decisions and strengthen services provided to the Courts.

For more information on the Courts Administration Service’s plans, priorities and planned results, see the “Planned results” section of this report.


Planned results: what we want to achieve this year and beyond

Core Responsibilities

Administration services for the federal courts

Description

Provide timely and efficient judicial, registry, court security and electronic court services to the FCA, the FC, the CMAC and the TCC; coordinate the provision of services among the four courts; and safeguard the independence of the Courts by placing administrative services at arm’s length from the Government of Canada.

Planning highlights

The following outlines the key initiatives CAS plans to undertake to support its core responsibility—administration services for the Courts. Each initiative supports the achievement of the CAS expected departmental results.

Core Services

Judicial services will continue to provide key strategic management and legal advice to the four Chief Justices, the Associate Chief Justice and other members of the Courts. This includes support on various aspects of the Courts’ operations—including instances where the FC adjudicates applications for warrants pursuant to the Canadian Security Intelligence Service Act, provision of legal advice, and participation on and assistance to various court committees. In 2018–19, special focus will be placed on meeting the core business requirements of the Courts and on supporting plans to increase the availability of e-services to the members of the Courts, court users and employees.

In addition, it is anticipated that Bill C-59 (an Act respecting national security matters), currently before the parliamentary committee, will impact CAS’s provision of key strategic management and legal advice to the Courts. The bill,which proposes new legislation and amendments to existing national security laws, particularly in relation to judicial authorization/oversight concerning the Communications Security Establishment, may require an increase in judges and additional judicial and supporting resources for its implementation.

Financial Resources

Addressing the impacts of limited financial and human resources on core operations will remain a major priority for the FCA, the FC, the CMAC, the TCC and CAS. Hence, during the period covered by this report, CAS will fund a number of important initiatives including: addressing delays in translating and posting of Court decisions in both official languages—in accordance with the OLA; mitigating the impacts of changes in volume and complexity of cases on the operations of the Courts (including the impact of national security proceedings); providing additional support for self-represented litigants (SRLs); and funding the Montreal Office relocation.

The financial and other resources required to deliver CAS’s mandate and to provide essential services to the Courts have exceeded the organization’s annual Reference Level for a number of years. Salaries account for approximately 70% of that total while operating and maintenance expensesaccount for 30% on a cash basis. In addition, approximately 75% of operating and maintenance expenses are contracted and non-discretionary costs for services in support of judicial processes, court hearings and other associated activities. Moreover, the Courts Administration Service Act requires that services be provided to the Courts as directed by the judiciary, giving CAS very limited flexibility to reallocate scarce resources. This situation is exacerbated by the impact of the nature and increasing complexity of case files on the registries of the Courts, particularly in cases related to national security, matters of intellectual property, Aboriginal claims, taxation, and immigration—which require increased resources. In addition, the number of motions related to individual files has increased exponentially, most notably in cases where constitutional questions are being raised in the context of the Canadian Charter of Rights and Freedoms.

Appeals to the FCA require more hearing days because of the complexity of the evidence to be presented. The majority of cases filed before the FCA and the FC are applications for judicial review which are often complex and time consuming. For instance, trials related to Aboriginal law proceedings are complex, lengthy and require a lot of time and resources. These actions often take many years, sometimes more than a decade, of complex pretrial procedures to get to trial. The proceedings typically involve matters related to Constitutional rights, Treaties and other historical agreements and documents, and receipt/interpretation of oral history testimony by Aboriginal Elders, sometimes presented in Aboriginal languages with the aid of interpreters. Another example is the triage initiative, with its emphasis on timely intervention by the Courts, which requires registry and court resources to be available on short notice to triage court filings—often on the same day that they are filed—and then convene a conference with counsel and parties to discuss issues in dispute and explore options to move forward.

At the TCC, the number of complex cases is increasing. In 2016–17, the number of proceedings filed before the TCC was approximately 6,390, an increase of approximately 9% from the previous year (5,892), and a continued increase from the number of proceedings filed in prior years. The active inventory of files has also shown a corresponding increase from 7,219 in 2010–11 to 10,516 files as of March 31, 2017. In addition, the number of appeals, especially group appeals that are before the TCC, has also increased.

In addition to the above examples of pressures on scarce resources, the number of SRLs is increasing in all Courts. At the FC and TCC, SRLs account for approximately a third of all litigants. In all Courts, SRLs require much more support from members of the Courts and registry staff than do those represented by lawyers, given that they are less familiar with the legal system and court procedures. Moreover, when the number of SRLs increases, the number of vexatious clients also increases, affecting the registry’s ability to deliver services and increasing the burden on CAS security resources.

Human Resources

Shortages of judicial assistants, registry officers and other support positions continue to impact the operations of the Courts. The primary causes of these shortfalls are inadequate funding, the need for unique qualifications and competencies that are hard to find, lengthy selection processes, and high staff turn-over rates. In addition, outdated registry systems discourage qualified candidates to take positions with CAS since they are lured by other Canadian courts with more modern and efficient technological solutions. In 2018–19, CAS will work with the Courts to address critical shortfalls within judicial and registry services and will ensure that the resources are available to provide core administrative support services to the Courts.

In 2018–19, CAS will revamp its training model. The goal will be to enhance training delivery methods across the organization to better meet the unique requirements of each Court and the development needs of employees. Over the course of the fiscal year, resources will be dedicated, as required, to maintain and meet the level of training necessary to support the operational needs of the four Courts. Learning initiatives will continue to focus on augmenting competencies, skills and knowledge that are unique to CAS. This will include the provision of critical training to new and existing registry officers and judicial assistants and where required, making enhancements to operational training materials. Investing in employees’ training will also help foster a work environment that is conducive to enhanced work performance, attract and retain top talent, and contribute to the realization of departmental results.

Initiatives will also be undertaken as part of the CAS three-year integrated HR plan. In particular, focus will be placed on implementing key pillars of the plan. This will include succession planning to address projected gaps in specific skills needed to support core business objectives; provide members of the Courts with the required services to hear matters and render decisions; and allow employees to acquire the skills and competencies necessary to compete for positions when they become available. CAS will also continue to focus on its four-year work description update to ensure a skilled and effective workforce and help maintain the strength of its core business.

Throughout 2018–19, CAS will implement programs to promote workplace wellness and mental health in support of this important Government of Canada priority. Initiatives will focus on raising awareness among employees and managers about mental health and harassment prevention in the workplace, and support services available to employees. In addition, tools will be developed to ensure timely identification and appropriate response to risks, all in an effort to improve psychological health and safety in the workplace.

Courts and Registry Management System

The current legacy systems employed by CAS do not meet the needs of the users and are at end of life, as assessed by two independent reviews. Members of the Courts, litigants and the legal community expect access to modern and efficient electronic court services. In 2018–19, CAS will endeavour to secure funding for a new CRMS which would enable and enhance electronic services such as e-trials and e-filing, improve access to justice, allow the Courts to operate more efficiently, supply more reliable analytics for decision-making, better align services with new technology, and incorporate the updated rules of each Court. The system could also offer economies of scale and enhance the utilization of resources as the electronic processing of documents would allow files to be diverted across CAS regional offices to better distribute workloads or alleviate pressures when some offices experiences a high-volume caseload. As part of the initiative to implement a new system, CAS will also pursue consultations with key partners in the justice sector—for example, provincial and international courts and other stakeholders— to inform costing, acquisition and implementation of an integrated CRMS.

Registry Workload Pressure

Registry services, which are at the heart of CAS’s operations, have been functioning below necessary capacity to deal with workloads for several years. In particular, workload pressures continue to increase due to resource constraints; shortage of employees; required skillsets that are specialized and difficult to find; high turnover rates; and the need for training of new hires. 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; this adds substantially to the complexity and costs of operations. Additionally, government priorities in the areas of immigration reform and tax enforcement could increase the number of cases brought before the FCA, the FC and the TCC leading to corresponding pressures on the registries. In 2018–19, special attention will be paid to addressing workload pressure in the registries of the Courts especially pressures generated by the reliance on legacy systems and associated manual workarounds and paper-based processes.

Facilities

Court and registry services are offered in every province and territory through a network of thirteen permanent offices, two courtrooms at the Supreme Court of Canada and agreements with eight provincial and territorial courts. The two locations in Ottawa (90 Sparks and 200 Kent) are headquarters to the four Courts. The main regional offices are in Vancouver, Toronto and Montréal, and local offices are in Calgary, Edmonton, Winnipeg, Hamilton, Québec City, Halifax, Fredericton and St. John’s. In addition, CAS has a court records storage facility in Gatineau, Quebec. To better reach Canadians, the Courts also sit and hear cases in non-judicial facilities, such as community centres and hotels. In 2018–19, CAS will establish medium to long-term space requirements for the Courts taking into consideration the unique operational requirements of each Court and ensuring that the facilities provide members of the Courts and employees with safe, healthy and barrier-free accommodation that contributes to the quality of work life and creates a productive work environment.

CAS will also continue to work with the Courts to establish national judicial fit-up standards that reflect their special purpose space requirements, while working with Public Services and Procurement Canada to maintain a portfolio that meets modern requirements and standards. Investment decisions for facilities to support courtroom technology modernization and an e-court environment will take into consideration court security requirements, optimize space utilisation, and balance affordability, flexibility and operational requirements. Facilities work will incorporate e-court requirements including the installation of equipment for evidence display, videoconferencing and digital audio recording systems (DARS) to support electronic proceedings. Finally, to respond to growing court business, an expansion of the Toronto regional office will be pursued and work will be done to establish a long-term location for a Court facility in Hamilton.

Legislative Changes

Proposed legislative changes are expected to increase the workloads of the judicial and registry staff of the FCA, the FC and the TCC. In particular, changes to the Income Tax Act and the Patented Medicines (Notice of Compliance) Regulations (PMNOC) which came into effect September 2017, are expected to usher an increase in litigation and thus lead to an increased workload for the Courts in 2018–19. It is worth noting that recent changes to the PMNOC regime will require the FCA and the FC to treat and determine issues under tighter timelines. In addition, in December 2016, the Government of Canada lifted visa requirements for Mexican citizens visiting Canada; this could potentially lead to an increase in applications for leave and judicial review before the FC in 2018–19 related to asylum claims—note that the Immigration and Refugee Board renders decisions regarding pending claims. During the period covered by this report, CAS will work with the Courts to address the increasing workload—specifically increases in TCC cases and appeals to the FCA from the TCC—driven by these legislative changes, by seeking to identify additional human resources to reduce such pressures on the operations of the Courts.

Courts Rules Changes

Legislative changes, new and evolving requirements of the Courts, technological advances and other imperatives, necessitate the regular review of the Federal Courts Rulesand registry processes. In addition, the CMAC will continue to make the review of its court rules a main priority. The drafting of the CMAC rules which began in the prior fiscal year is expected to be completed in 2018–19.To facilitate the implementation of the revised rules of the FCA, the FC and the CMAC, where required, training will be provided to employees. CAS will also seek to work with the Courts to identify increasedhuman resources to provide support for the rules committees of the Courts.

Translation

CAS has constitutional and quasi-constitutional obligations in providing translation of decisions rendered by the Courts. According to both the Charter of Rights and Freedoms and the OLA, there are specific imperatives placed on the Courts and on CAS to provide equal access to justice by ensuring that decisions of the Courts are available in both official languages. CAS takes all reasonable measures to post translated decisions on the Courts’ websites “at the earliest possible time,” in accordance with Part III, Administration of Justice, of the OLA. However, competing priorities for limited resources inevitably result in delays between the posting of decisions in the original language and their corresponding translations. Building on work completed in the last fiscal year to improve translation capacity, CAS will review its translation model and refine its requirements; explore potential for automation of translation; and enhance in-house translation capacity. CAS will also continue to take necessary steps to secure adequate funding to implement a new translation service model that will significantly decrease the delays for translation of decisions and improve access to justice in both official languages.

Security

In 2018–19, CAS will continue to implement its comprehensive security programs for members of the Courts, court users and CAS employees, and related elements of its multi-year plan to enhance physical and IT security. CAS will maintain its ongoing efforts to enhance its security controls and response capability by harmonizing security service standards across Canada and introducing effective and efficient security technologies. CAS will also review its emergency security plans and maintain collaboration with the law enforcement community, central agencies and other strategic partners to advance organizational interests. A new comprehensive threat and risk assessment of the Courts’ systems will be conducted to identify potential new risks and validate the efficiency of mitigation measures.

Communications

In 2018–19, CAS will develop and implement effective approaches, tools, media and materials to facilitate information sharing and engage Canadians, members of the Courts and employees. To facilitate timely and efficient dissemination of information to litigants, courts users and the legal community, enhancements will be made to the Courts’ websites. This will also ensure that information is readily available to employees. CAS will also work with the Courts to examine ways to increase court visibility; help the public understand the role of the Courts in the Canadian justice system; and to better inform the public as to how they can access justice.

Data and Information Management

Efforts will also be exerted to ensure proper alignment of information management with modern principles, practices and standards. Building on the results of the pilot project completed in 2017–18, and in order to improve its overall operations, CAS will expand the adoption and implementation of the electronic document management system which, when completed, will act as a central repository to create, store and manage information resources of business value. The system will also support program and service delivery, inform decision-making, ensure accountability, transparency and collaboration; and facilitate access to information and records. In addition, the availability of system generated reports will help CAS develop evidence-based performance indicators and demonstrate results to the public and decision makers while supporting openness, transparency and access to justice. In 2018–19, in collaboration with the Courts, CAS will continue to review document retention standards for judicial information to help streamline document management and conversion of files into electronic format, and implement security classification applicable to judicial information as agreed upon by the Courts. Activities to ensure system redundancy will also be advanced to support business continuity.

Summary of Planned Initiatives to Support Departmental Results

The table below demonstrates how each planned initiative for 2018–19 supports CAS’s Departmental Results.

Summary of Planned Initiatives to Support Departmental Results (part 1)
Departmental Results Areas of Planned Activities
Core
Services
Financial
Resources
Human
Resources
Courts and Registry Management System Registry Workload Pressure Facilities
Members of the courts are provided with the required information and support services to hear matters and render decisions. Yes 1 Yes 2 Yes 3 Yes 4 Yes 5 Yes 6
Members of the courts, court users and the public can access court services, court decisions and processes electronically without undue delays. Yes Yes Yes Yes
The courts maintain their ability, as the government’s independent judicial branch, to protect judicial independence. Yes Yes Yes Yes
Summary of Planned Initiatives to Support Departmental Results (part 2)
Departmental Results Areas of Planned Activities
Legislative Changes Courts Rules Changes Translation Security Communications Data and Information Management
Members of the courts are provided with the required information and support services to hear matters and render decisions. Yes 7 Yes 8 Yes 9 Yes 10 Yes 11 Yes 12
Members of the courts, court users and the public can access court services, court decisions and processes electronically without undue delays. Yes Yes
The courts maintain their ability, as the government’s independent judicial branch, to protect judicial independence. Yes Yes Yes Yes Yes Yes
Consideration of Gender-based Analysis Plus (GBA+) in Planned Initiatives

CAS is committed to the full implementation of gender-based analysis plus (GBA+) in the development of policies, programs and initiatives, including consideration of differentiated impacts on diverse groups of women and men. In 2018–19, CAS will develop a GBA+ Framework and a Departmental Action Plan to strengthen the use of GBA+ as a key tool in informing decision making. The Action Plan will take into consideration lessons learned and best practices from other federal departments and agencies and contribute to CAS’s capacity to learn about, apply and report on the organization’s GBA+ activities.

Meanwhile, the planned initiatives outlined in this Departmental Plan will have no adverse consequences on the number of men or women employed by CAS. It should be noted that planned initiatives will not affect CAS’s encouraging data on representation of designated employment equity groups, including persons with disabilities, Aboriginal persons and members of visible minority groups. In 2017–18, and for at least five years, the representation of these designated groups at CAS was above the availability in the labour force; however, the representation of women has remained approximately 4.2% below the availability in the labour market. As part of the Departmental Action Plan, GBA+ will continue to be included in CAS’s annual environmental scan and CAS’s Executive Committee will continue to monitor progress against plans and address identified shortfalls. CAS will also ensure that data collection guidelines, forms and processes continue to support such analysis and remain appropriate for the target audience.

Further information on gender-based analysis plus is available on the Courts Administration Service’s website. Footnote i

Consideration of Risk in Planned Initiatives

As with the previous fiscal year, in 2018–19, a number of planned initiatives will depend on CAS’s ability to secure required funding to augment the organization’s ability to provide e-services to the Courts and to meet their evolving needs.

Further information on key risks is available on the Courts Administration Service’s website. Footnote ii

Planned results
Departmental
Results
Departmental
Result
Indicators
Target Date to
achieve
target
2014–15 Actual
results
2015–16 Actual
results
2016–17 Actual
results
Members of the Courts are provided with the required information and support services to hear matters and render decisions. Percentage of court files that are complete and processed accurately. 100% March 31,
2019
89% 93% 92%
Members of the Courts, court users and the public can access court services, court decisions and processes electronically without undue delays. Percentage of final court decisions posted on the Courts’ websites in both official languages, within established timeframes. A minimum of 95% March 31,
2019
Not
available
Not
available
Not
available
Percentage of court documents that are filed electronically A minimum of 80% March 31,
2019
Not
available
Not
available
Not
available
The Courts maintain their ability, as the government’s independent judicial branch, to protect judicial independence. Level of satisfaction of the members of the Courts with the adequacy of services provided to discharge their judicial functions. A rating
of 4 on a scale of 1–5
March 31,
2019
Not
available
Not
available
Not
available
Level of satisfaction of the members of the Courts with the security afforded to them in discharging their judicial functions. A rating
of 4 on a scale of 1–5
March 31,
2019
Not
available
Not
available
Not
available
Explanatory Notes on Departmental Results and Departmental Result Indicators:

At CAS, Departmental Results and their corresponding indicators are reviewed and refined to ensure the effectiveness of these measures and the relevancy of the information and data collected. Over the past four consecutive years, the following performance measures have been revised to focus on areas with the potential of risks exposure for the Courts and CAS, and the results of these processes have informed management decisions.

Departmental Result: Members of the Courts are provided with the required information and support services to hear matters and render decisions

Departmental Result Indicator: Percentage of court files that are complete and processed accurately.

The provision of administrative services at arm’s length from the Government of Canada is central to the CAS’s mandated responsibilities and CAS’s performance in this regard has been measured for approximately four years (2014–18). This results indicator was selected to assess and monitor the extent to which the members of the Courts are being provided with the legal services and administrative support they require to discharge their judicial functions. The effectiveness of the indicator has been monitored post implementation, and the definition has been refined based on the results and findings during the implementation phases—to increase the accuracy of the results.

Further, members of the Courts depend on the information contained in the court files to render timely decisions on matters being tried before them. Litigants and their legal representatives expect decisions to be rendered based on accurate and complete information. As such, the registry services apply performance measures, indicators and results to ensure that documents received are processed accurately. By monitoring the level of accuracy, CAS supports access to justice to all who seek the services from the Courts and CAS, particularly to litigants and their legal representatives. While for the most part, the targeted rate for this measure has been met, CAS continues to strive to attain a 100% accuracy rate; however, in some cases the accuracy or completeness of a file is highly dependent on the information filed by the parties.

Most notably, the measures have shown that there were a number of under serviced/funded areas including translation, registry resources, and e-services. While the results indicator was primarily intended to measure the level of services provided to the Courts, results have also served to inform a number of corporate and operational decisions, including the development and modification of operational and strategic plans, the development of the new Departmental Results Framework (DRF) for 2018–19, business cases and application for required funding.

In addition, in recent years, focus has been placed on fine tuning performance indicators and methodologies in accordance with the new Treasury Board Policy on Results, and on the development of a new DRF for 2018–19. The revised indicators will better inform management planning decisions and improve performance in the context of court decision postings in both official languages. Two additional programs were created—e-courts and security, to better meet the needs of the Courts. CAS has also determined that additional funding needs to be invested to fully meet the translation and e-services requirements of the Courts in 2018–19 and beyond.

Departmental Result: Members of the Courts, court users and the public can access court services, court decisions and processes electronically without undue delays.

Departmental Result Indicator: Percentage of final court decisions posted on the courts’ websites in both official languages, within established timeframes.

In order to measure timeliness of posting of decision on the Courts’ websites, an acceptable target rate of 95% was established. As part of the performance measurement process, action plans were developed to address the root cause of the findings.

Departmental Result: The Courts maintain their ability, as the government’s independent judicial branch, to protect judicial independence.

This measure was developed as part of the recent implementation of the new Policy on Results and will be first measured at March 31, 2018.

New Departmental Result Indicators

Certain departmental results indicators and targets were established for CAS’s DRF and hence, actual data for previous fiscal years are not available. These are marked as “not available” in planned results table. CAS will begin collecting data and reporting on results for these in 2018–19.

Budgetary financial resources (dollars)
2018–19
Main Estimates
2018–19
Planned spending
2019–20
Planned spending
2020–21
Planned spending
72,678,468 72,678,468 71,269,997 71,723,853
Human resources (full-time equivalents)
2018–19
Planned full-time equivalents
2019–20
Planned full-time equivalents
2020–21
Planned full-time equivalents
590 590 590

Financial, human resources and performance information for the Courts Administration Service’s Program Inventory is available in the GC InfoBase. Footnote iii

Internal services

Description

Internal services are those groups of related activities and resources that the federal government considers to be services in support of Programs and/or required to meet corporate obligations of an organization. Internal services refers to the activities and resources of the 10 distinct service categories that support Program delivery in the organization, regardless of the Internal Services delivery model in a department. The 10 service categories are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; and Acquisition Services.

Budgetary financial resources (dollars)
2018–19
Main Estimates
2018–19
Planned spending
2019–20
Planned spending
2020–21
Planned spending
20,103,520 20,103,520 20,091,968 20,087,962
Human resources (full-time equivalents)
2018–19
Planned full-time equivalents
2019–20
Planned full-time equivalents
2020–21
Planned full-time equivalents
130 130 130
Planning highlights
Human Resources

To meet the Courts and CAS’s evolving HR needs, the internal services branch will lead and implement several important initiatives, aimed at building a sustainable HR model to attract, develop, engage and retain a pool of diverse talent. Priorities for 2018–19 include continuing the implementation of initiatives outlined in the organization’s three-year Integrated HR Plan—supported by executive commitment and demonstration of concrete evidence of progress made in this regard. Plans will also include CAS management’s commitment to discuss the Public Service Employee Survey and the Public Service Employee Annual Survey results with employees, and to assist in the development and implementation of action plans.

As with the previous year, special focus will continue to be placed on plans to address projected gaps in specific skills needed to support core business objectives and provide members of the Courts with the required support services to hear matters and render decisions. In addition, CAS will further advance its four-year work description update initiative to ensure a sustainable business model and a skilled and effective workforce and help maintain the strength of CAS’s core business. Workplace wellness and mental health will also remain one of CAS’s top priorities, particularly raising awareness among employees and managers about mental health and harassment prevention in the workplace and about available workplace health support services.

Action will also be undertaken to the extent possible to address occupational health and safety, duty to accommodate and universal accessibility requirements. These efforts are a part of CAS’s commitment to ensuring the well-being of members of the Courts and employees and demonstrate the organization’s efforts to provide accessibility for the mobility impaired.

Communications

To support communications needs across the Courts and the organization, CAS will develop and implement an integrated strategic communications plan. The plan will outline the CAS overall strategy and leverage available and emerging technologies in meeting its objective. A key initiative will be to examine ways to increase the visibility of the Courts and to explore opportunities to modernise how CAS and the Courts communicate and provide information to the public.


Spending and human resources

Planned spending

Departmental Spending Trend Graph

Departmental Spending Trend Graph
Description of the image

Departmental Spending Trend

This graph represents the spending trend: the Actual, Forecast and Planned Spending, from 2015-16 to 2020-21.

  • In 2015-16, actual spending was $65.6M voted and $6.7M statutory totalizing $72.3M.
  • In 2016-17, actual spending was $65.6M voted and $6.7M statutory totalizing $72.3M.
  • In 2017-18, forecasted spending is $77.4M voted and $7.6M statutory totalizing $85.0M
  • In 2018-19, planned spending is $66.2M voted and $6.4M statutory totalizing $72.6M.
  • In 2019-20, planned spending is $64.9M voted and $6.4M statutory totalizing $71.3M.
  • In 2020-21, planned spending is $65.3M voted and $6.4M statutory totalizing $71.7M.

Budgetary planning summary for Core Responsibilities and Internal Services (dollars)
Core
Responsibilities
and Internal
Services
2015–16
Expenditures
2016–17
Expenditures
2017–18
Forecast spending
2018–19
Main Estimates
2018–19
Planned spending
2019–20
Planned spending
2020–21
Planned spending
Administration
services for the
federal courts
50,773,852 50,966,706 59,008,406 52,574,948 52,574,948 51,178,029 51,635,891
Subtotal 50,773,852 50,966,706 59,008,406 52,574,948 52,574,948 51,178,029 51,635,891
Internal services 21,520,818 21,310,542 25,984,255 20,103,520 20,103,520 20,091,968 20,087,962
Total 72,294,670 72,277,248 84,992,661 72,678,468 72,678,468 71,269,997 71,723,853

Note:

A number of factors contributed to the variations in actual, forecasted, and planned spending indicated above. Firstly, fiscal years 2015–16 to 2017–18 include salary related payments for existing employee benefits, such as severance pay, and maternity pay, which fluctuate year over year and are not included in planned spending figures for 2018–19 to 2020–21. Also, fiscal years 2015–16 to 2017–18 include received operating budget carry forward amounts, which are excluded from the planned spending for 2018–19 to 2020–21. In 2017–18, forecasted and planned spending includes funding to cover a portion of retroactive pay related to collective agreements signed during the year.

A one-time loan was received in fiscal year 2011–12 to be repaid over five years, to address IT rust out and to relocate the CAS corporate functions to the designated Federal Judicial Building in the National Capital Region. This funding was repaid over a period of five years, ending in 2016–17.

Starting in fiscal year 2016–17, forecasted and planned spending includes funding to invest in IT infrastructure upgrades to safeguard the efficiency of the federal court system and funding related to the Mexico visa lift. Also, fiscal years 2016–17 and 2017–18 include funding to relocate the Quebec City Courts facility.

In addition, forecasted and planned spending in fiscal years 2017–18 and 2018–19 include funding to support the translation of decisions of the Courts. Fiscal year 2017–18 also includes one-time funding to address program integrity issues. Starting in 2018–19, main estimates and planned spending include funding for administration costs related to supporting a judicial position required to address Revocation Cases referred to the FC.

Fiscal years 2018–19 to 2020–21 do not include the renewal of funding for Division 9 proceedings under the Immigration and Refugee Protection Act aimed at addressing challenges in the management of security inadmissibility cases, protecting classified information in immigration proceedings, and obtaining diplomatic assurances of safety for inadmissible individuals facing a risk of torture. Funding sunsets in 2017–18 and its renewal remains to be confirmed.

With the introduction of the new DRF in 2018–19, there is a reduction in internal services and a corresponding increase in administration services for the federal courts, due to realignment of security services and e-courts under the latter core responsibility.

Planned human resources

Human resources planning summary for Core Responsibilities and Internal Services (full-time equivalents)
Core
Responsibilities
and Internal
Services
2015–16
Actual
full-time
equivalents
2016–17
Actual
full-time
equivalents
2017–18
Forecast
full-time
equivalents
2018–19
Planned
full-time
equivalents
2019–20
Planned
full-time
equivalents
2020–21
Planned
full-time
equivalents
Administration
services for the
federal courts
465 472 482 460 460 460
Subtotal 465 472 482 460 460 460
Internal Services 155 165 138 130 130 130
Total 620 637 620 590 590 590

Note:

Fiscal years 2015–16 and 2016–17 reflect actual full-time equivalents, while fiscal years 2017–18 to 2020–21 reflect forecasted and planned full-time equivalents based on current levels and approved funding.

Contingent on the appointment of up to three judges, full-time equivalents in Administration Services for the Federal Courts are expected to increase for 2018–19 to 2020–21 as a result of immigration and refugee cases and the related judicial support required. These include the lifting of visa restrictions on Mexicans as well as the Revocation Cases referred to the FC. Due to the continued program integrity pressures faced by CAS, there is no projected overall increase in the organization.

Fiscal years 2015–16 to 2017–18 include full-time equivalents for renewed funding related to Division 9 proceedings. Fiscal years 2018–19 to 2020–21 show a decrease in full-time equivalents, pending a decision on the renewal of the Division 9 sunset funding. In addition, CAS received one-time funding for program integrity resulting in an increase of full-time equivalents in fiscal year 2017–18, and a subsequent decrease in 2018–19 to 2020–21. The increase in Internal Services in 2016–17 is primarily attributable to funding received for IT infrastructure.

With the introduction of the new DRF in 2018–19, there is a reduction in internal services and a corresponding increase in administration services for the federal courts, due to realignment of security services and e-courts resources under the latter core responsibility.

Estimates by vote

For information on the Courts Administration Service’s organizational appropriations, consult the 2018–19 Main Estimates. Footnote iv

Future-Oriented Condensed Statement of Operations

The Future Oriented Condensed Statement of Operations provides a general overview of the Courts Administration Service’s Footnote v operations. The forecast of financial information on expenses and revenues is prepared on an accrual accounting basis to strengthen accountability and to improve transparency and financial management.

Because the Future Oriented Condensed Statement of Operations is prepared on an accrual accounting basis, and the forecast and planned spending amounts presented in other sections of the Departmental Plan are prepared on an expenditure basis, amounts may differ.

A more detailed Future Oriented Statement of Operations and associated notes, including a reconciliation of the net cost of operations to the requested authorities, are available on the Courts Administration Service’s website. Footnote vi

Future-Oriented Condensed Statement of Operations for the year ended March 31, 2019 (dollars)
Financial Information 2017–18
Forecast results
2018–19
Planned results
Difference (2018–19
Planned results
minus 2017–18
Forecast results)
Total expenses 112,079,889 105,017,204 (7,062,685)
Total revenues 8,013 8,013 0
Net cost of operations
before government
funding and transfers
112,071,876 105,009,191 (7,062,685)

Note:

Forecast and planned results were determined based on an analysis of actual expenditures, results of internal forecasting exercises and prior year trends, and the use of professional judgment. With all assumptions, there is a measure of uncertainty surrounding them. This uncertainty increases as the forecast horizon extends.

The CAS’s total expenses are estimated to decrease from $112,079,889 in 2017–18 to $105,017,204 in 2018–19, a variance of $7,062,685 (-6%). The two major categories of expenses are salary and employee benefit expenses, and operating expenses.

  • Salary and employee benefit expenses: Salary and employee benefit expenses are estimated to decrease from $59,629,558 in 2017–18 to $53,192,200 in 2018–19, a variance of $6,437,358 (-11%). On an accrual basis, over half of the CAS’s total expenses consist of salaries and employee benefits (53% of total expenses in 2017–18 and 51% of total expenses in 2018–19). This variance is mainly attributable to one-time increases in 2017–18 expenditures to address program integrity issues and retroactive pay related to collective agreements signed during the year. Furthermore, 2018–19 does not include the renewal of funding for Division 9 proceedings.
  • Operating expenses: Operating expenses are estimated to decrease from $52,450,331 in 2017–18 to $51,825,004 in 2018–19, a variance of $625,327 (-1%). This is mainly attributable to decreases in machinery and equipment, relative to the non-recurring expenditures with one-time program integrity funding in 2017–18, as well as decreases in utilities, materials and supplies. These are partly offset by increases in professional and special services and amortization expense.

CAS’s total revenues are estimated to be $8,013 in both 2017–18 and 2018–19. The majority of the CAS’s revenues are earned on behalf of Government (i.e., non-respendable revenues). The total revenues figure presented in the above table is net of these non-respendable revenues and relates to respendable revenue from the sale of Crown assets. Further details on CAS’s non-respendable revenues can be found in the detailed Future-Oriented Statement of Operations and associated notes.


Supplementary Information

Corporate information

Organizational Profile

Appropriate minister: The Honourable Jody Wilson-Raybould, P.C., Q.C., M.P.
Institutional head: Daniel Gosselin, Chief Administrator
Ministerial portfolio: Minister of Justice and Attorney General of Canada
Enabling instrument: Courts Administration Service Act Footnote vii
Year of incorporation / commencement: 2003

Raison d’être, mandate and role

“Raison d’être, mandate and role: who we are and what we do” is available on the Courts Administration Service’s website. Footnote viii

Operating context and key risks

Information on operating context and key risks is available on the Courts Administration Service’s website. Footnote ix

Reporting framework

The Courts Administration Service’s Departmental Results Framework and Program Inventory of record for 2018–19 are shown below:

Departmental Results Framework
Core Responsibility: Administration Services for the Federal Courts
Departmental Result:
Members of the Courts are provided with the required information and support services to hear matters and render decisions.
Indicator: Percentage of court files that is complete and processed accurately.
Departmental Result:
Members of the Courts, court users and the public can access court services, court decisions and processes electronically
without undue delays.
Indicator: Percentage of final court decisions posted on the Courts’ websites in both official languages, within established timeframes.

Indicator: Percentage of court documents that are filed electronically.
Departmental Result:
The Courts maintain their ability, as the government’s independent judicial branch, to protect judicial independence.
Indicator: Level of satisfaction of the members of the Courts with the adequacy of services provided to discharge their judicial functions.

Indicator:
Level of satisfaction of the members of the Courts with the security afforded to them in discharging their judicial functions.
Internal Services

Program Inventory

  • Program: Judicial Services
  • Program: Registry Services
  • Program: E-Courts
  • Program: Security
Concordance between the Departmental Results Framework and the Program Inventory, 2018–19, and the Program Alignment Architecture, 2017–18
2018–19 Core Responsibilities
and Program Inventory
2017–18 Lowest-level
program of the Program
Alignment Architecture
Percentage of lowest-
level Program Alignment
Architecture Program (dollars)
corresponding to the Program
in the Program Inventory
Core Responsibility: Administration services for the federal courts
Program A: Judicial Services 1.1 Judicial Services 81%
Program B: Registry Services 1.2 Registry Services 90%
Program C: E-Courts Internal Services 2%
Program D: Security 1.1 Judicial Services 19%
1.2 Registry Services 10%
Internal Services 8%

Supporting information on the Program Inventory

Supporting information on planned expenditures, human resources, and results related to the Courts Administration Service’s Program Inventory is available in the GC InfoBase. Footnote x

Supplementary information tables

The following supplementary information tables are available on the Courts Administration Service’s website: Footnote xi

Organizational contact information

Additional Information

Further information on the strategic planning portion of this document can be obtained by contacting:

Director, Strategic Planning, Communications and Corporate Secretariat
Courts Administration Service
Ottawa, Ontario
K1A 0H9
Info@cas-satj.gc.ca

Further information on the financial portion of this document can be obtained by contacting:

Director General, Finance and Contracting Services
Courts Administration Service
Ottawa, Ontario
K1A 0H9
Info@cas-satj.gc.ca


Appendix: definitions

appropriation (crédit)
Any authority of Parliament to pay money out of the Consolidated Revenue Fund.
budgetary expenditures (dépenses budgétaires)
Operating and capital expenditures; transfer payments to other levels of government, organizations or individuals; and payments to Crown corporations.
Core Responsibility (responsabilité essentielle)
An enduring function or role performed by a department. The intentions of the department with respect to a Core Responsibility are reflected in one or more related Departmental Results that the department seeks to contribute to or influence.
Departmental Plan (plan ministériel)
A report on the plans and expected performance of appropriated departments over a three year period. Departmental Plans are tabled in Parliament each spring.
Departmental Result (résultat ministériel)
Any change or changes that the department seeks to influence. A Departmental Result is often outside departments’ immediate control, but it should be influenced by Program-level outcomes.
Departmental Result Indicator (indicateur de résultat ministériel)
A factor or variable that provides a valid and reliable means to measure or describe progress on a Departmental Result.
Departmental Results Framework (cadre ministériel des résultats)
The department’s Core Responsibilities, Departmental Results and Departmental Result Indicators.
Departmental Results Report (rapport sur les résultats ministériels)
A report on the actual accomplishments against the plans, priorities and expected results set out in the corresponding Departmental Plan.
experimentation (expérimentation)
Activities that seek to explore, test and compare the effects and impacts of policies, interventions and approaches, to inform evidence-based decision-making, by learning what works and what does not.
full time equivalent (équivalent temps plein)
A measure of the extent to which an employee represents a full person year charge against a departmental budget. Full time equivalents are calculated as a ratio of assigned hours of work to scheduled hours of work. Scheduled hours of work are set out in collective agreements.
gender-based analysis plus (GBA+) (analyse comparative entre les sexes plus [ACS+])
An analytical process used to help identify the potential impacts of policies, Programs and services on diverse groups of women, men and gender-diverse people. The “plus” acknowledges that GBA goes beyond sex and gender differences. We all have multiple identity factors that intersect to make us who we are; GBA+ considers many other identity factors, such as race, ethnicity, religion, age, and mental or physical disability.
government-wide priorities (priorités pangouvernementales)
For the purpose of the 2018–19 Departmental Plan, government-wide priorities refers to those high-level themes outlining the government’s agenda in the 2015 Speech from the Throne, namely: Growth for the Middle Class; Open and Transparent Government; A Clean Environment and a Strong Economy; Diversity is Canada's Strength; and Security and Opportunity.
horizontal initiative (initiative horizontale)
An initiative in which two or more federal organizations, through an approved funding agreement, work toward achieving clearly defined shared outcomes, and which has been designated (by Cabinet, a central agency, etc.) as a horizontal initiative for managing and reporting purposes.
non budgetary expenditures (dépenses non budgétaires)
Net outlays and receipts related to loans, investments and advances, which change the composition of the financial assets of the Government of Canada.
performance (rendement)
What an organization did with its resources to achieve its results, how well those results compare to what the organization intended to achieve, and how well lessons learned have been identified.
performance indicator (indicateur de rendement)
A qualitative or quantitative means of measuring an output or outcome, with the intention of gauging the performance of an organization, Program, policy or initiative respecting expected results.
performance reporting (production de rapports sur le rendement)
The process of communicating evidence based performance information. Performance reporting supports decision making, accountability and transparency.
planned spending (dépenses prévues)
For Departmental Plans and Departmental Results Reports, planned spending refers to those amounts presented in the Main Estimates.

A department is expected to be aware of the authorities that it has sought and received. The determination of planned spending is a departmental responsibility, and departments must be able to defend the expenditure and accrual numbers presented in their Departmental Plans and Departmental Results Reports.
plan (plan)
The articulation of strategic choices, which provides information on how an organization intends to achieve its priorities and associated results. Generally a plan will explain the logic behind the strategies chosen and tend to focus on actions that lead up to the expected result.
priority (priorité)
A plan or project that an organization has chosen to focus and report on during the planning period. Priorities represent the things that are most important or what must be done first to support the achievement of the desired Departmental Results.
Program (programme)
Individual or groups of services, activities or combinations thereof that are managed together within the department and focus on a specific set of outputs, outcomes or service levels.
Program Alignment Architecture (architecture d’alignement des programmes)Footnote 1
A structured inventory of an organization’s programs depicting the hierarchical relationship between programs and the Strategic Outcome(s) to which they contribute.
result (résultat)
An external consequence attributed, in part, to an organization, policy, Program or initiative. Results are not within the control of a single organization, policy, Program or initiative; instead they are within the area of the organization’s influence.
statutory expenditures (dépenses législatives)
Expenditures that Parliament has approved through legislation other than appropriation acts. The legislation sets out the purpose of the expenditures and the terms and conditions under which they may be made.
Strategic Outcome (résultat stratégique)
A long term and enduring benefit to Canadians that is linked to the organization’s mandate, vision and core functions.
sunset program (programme temporisé)
A time limited program that does not have an ongoing funding and policy authority. When the program is set to expire, a decision must be made whether to continue the program. In the case of a renewal, the decision specifies the scope, funding level and duration.
target (cible)
A measurable performance or success level that an organization, Program or initiative plans to achieve within a specified time period. Targets can be either quantitative or qualitative.
voted expenditures (dépenses votées)
Expenditures that Parliament approves annually through an Appropriation Act. The Vote wording becomes the governing conditions under which these expenditures may be made.

Raison d’être, mandate and role: who we are and what we do

Raison d’être

The Courts Administration Service (CAS) was established in 2003 with the coming into force of the Courts Administration Service Act. CAS’ core responsibility is to provide administration services to four superior courts of record — the Federal Court of Appeal (FCA), the Federal Court (FC), the Court Martial Appeal Court of Canada (CMAC) and the Tax Court of Canada (TCC). CAS recognizes the independence of the courts in the conduct of their own affairs and aims to provide each court with quality and efficient administrative and registry services. Placing administrative services at arms length from the Government of Canada safeguards judicial independence and enhances accountability for the use of public money.

Mandate and role

As stated in section 2 of the Courts Administration Service Act, CAS is mandated to:

  • facilitate coordination and cooperation among the FCA, the FC, the CMAC and the TCC 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.

Operating context and key risks

Operating context

The Courts Administration Service (CAS) was established in 2003 with the coming into force of the Courts Administration Service Act (CAS Act). The role of CAS is to provide effective and efficient registry, judicial and corporate services to four superior courts of record—the Federal Court of Appeal (FCA), the Federal Court (FC), the Court Martial Appeal Court of Canada (CMAC) and the Tax Court of Canada (TCC).

In 2018–19, the environment within which CAS operates will remain complex and challenging, owing in part to the following:

Judicial 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.

Judicial independence is a cornerstone of the Canadian judicial system. It is a central constitutional principle that guarantees judges will be able to make decisions free of influence and based solely on facts and law. Judicial independence has three components: security of tenure, financial security and administrative independence. Enabling the principle of judicial independence is a key operational consideration for CAS when providing arms-length administration services to the federal courts, as well as in supporting the roles of chief justices and judges in the management of the various courts.

Distinct requirements of the courts

The four federal courts have unique requirements due to the distinct nature of their business and their respective users. Moreover, the CAS Act requires that services provided by the registries, legal counsel, judicial administrators, law clerks, jurilinguists, judicial assistants, library personnel and court attendants to the judiciary be provided based on the direction of each of the four chief justices, leaving CAS with very limited flexibility in allocating scarce resources.

Volume of cases before the courts

There has also been a steady increase in the volume of cases before the federal courts since the establishment of CAS. The greatest areas of growth have been at the FC and the TCC. The volume of cases impacts the level of service required by the Courts, 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 federal courts.

Increasing complexity of cases

The increase in the nature and complexity of the case filed before the Courts considerably impacts the workloads of the Courts and registries, particularly in cases related to national security, intellectual property, Aboriginal claims, taxation and immigration—which require increased resources. These cases require a greater level of devoted resources providing judicial and registry support. The number of motions related to individual files has also increased exponentially, most notably in cases where constitutional questions are being raised in the context of the Canadian Charter of Rights and Freedoms. Similarly, the number of self-represented litigants requiring support has increased.

Demands for e-services and e-courts

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 operational considerations for CAS in its service delivery, however, legacy systems currently employed by CAS, offer limited functionality to accommodate e-services and e-courts.

Service delivery capacity

CAS ability to provide the federal courts with the necessary level of administrative services is dependent on available financial and human resources; which allow CAS to provide a suitable level of services to meet the operational demands of the Courts, as well as associated services to litigants and their legal counsel. However, CAS has faced a critical and growing financial shortfall resulting from a variety of factors. Resource pressures have been felt across the organization, particularly in registry, judicial and corporate services where resources are below adequate strength to manage current demands, while duties and workloads continue to evolve and grow. Resource challenges create makes it is difficult to meet the organization’s mandate without incurring significant risks.

Workforce

The average age of the CAS workforce is 45.1 (excluding Law Clerks whose average age is 28.5) approximately 153 (24%) of indeterminate employees are eligible to retire within the next five years. Eighteen of these 153 positions (12%) have been identified as key positions where a vacancy would potentially pose considerable operational challenges for CAS.

Key risks

To effectively address corporate risks, CAS has in place an Enterprise Risk Management (ERM) process. This process is applied consistently throughout the organization and engages the most senior levels of the organization— the Chief Justices of the Courts, the Departmental Audit Committee (DAC), the Executive Committee (ExCom), and the Senior Management Committee (SMC)—in the identification and evaluation of the most pertinent risks, and the determination of appropriate risk response strategies to effectively manage these risks. Identified risk owners are responsible for compiling risk information and presenting quarterly reports on risk response progress to the ExCom.

The table below provides an overview of CAS’s key risks and risk response strategies for 2018–19.

Key risks
Risk Risk response strategy Link to the department’s Core Responsibilities Link to departmental priorities
Access to Justice: There is a risk that access to justice could be compromised by insufficient financial resources and in turn impact the judicial independence of the courts. Financial Sustainability:
  • Secure funding to ensure a stable resource base to support CAS.
Non-discretionary Expenditures:
  • Maintain discussions with central agencies to identify appropriate mechanism to fund non-discretionary expenditures.
Administration services for the federal courts
  • Court and Registry Technologies
  • Human Resources
  • Translation
  • Facilities
  • Security
  • Information Management
Courts and Registry Management System: There is a risk that system applications and infrastructure will be unable to respond to the current and evolving requirements of the courts, litigants and CAS, impacting service delivery efficiency and access to justice. Courts and Registry Management System (CRMS):
  • Refine business requirements for a new CRMS.
  • Draft a business case to support the funding proposal for a new CRMS.
  • Secure funding for a new CRMS.
  • Collaborate with key stakeholders and partners on system development.
Supporting IT Infrastructure:
  • Launch pilot-projects for e-filing, e-courts, and e-scheduling.
  • Outfit courtroom facilities to support e-court environments.
  • Continue to implement projects identified in the five-year IT Infrastructure Management Plan.
Administration services for the federal courts
  • Court and Registry Technologies
  • Translation
  • Security
  • Information Management
 
Human Resources Management: There is a risk that a lack of succession planning, insufficient capacity, high staff turnover, workload pressures, work culture and environment will negatively impact the wellness and productivity of employees. Resource Shortage/Capacity:
  • Work with the Courts to address critical resource shortages.
Succession Planning:
  • Develop a pool of talent to staff positions critical to the organization’s ongoing operations and long-term goals.
Training:
  • Invest in critical operational training for employees.
  • Update procedures and training manuals to reflect current court rules, practices and procedures.
Workplace Wellness:
  • Implement programs to promote workplace and mental health.
  • Develop and implement a Harassment Prevention Strategy.
Work Description Review
  • Continue to work on CAS’s four-year work description review.
Administration services for the federal courts
  • Human Resources
Information Management: There is a risk of loss, damage or inability to access records of business value or historical jurisprudence and in turn impact decision-making. Records Management:
  • Invest in an Electronic Document Management System for information of business value.
  • Review document retention standards for the Courts.
  • Continue to ensure suitable conditions for storing archived court documents.
  • Increase storage space for storing and archiving hard copy court documents.
Administration services for the federal courts
  • Information Management
Security: There is a risk that the security of members of courts, court users and CAS employees, facilities, information and IT could be compromised. Court Security:
  • Conduct a new comprehensive threat and risk assessment of the Courts’ systems to identify potential new risks and validate the efficiency of mitigation measures taken.
  • Continue to make enhancements to physical security of facilities.
  • Continue to implement the CAS national security program.
  • Maintain strategic risk-based approaches to security management.
  • Update business continuity plans.
  • Continue collaboration with the law enforcement community to inform strategic security decisions and strengthen services provided to the Courts.
  IT Security:
  • Continue to implement improvements to IT security.
  • Maintain sound network access controls.
Administration services for the federal courts
  • Security

Access to Justice

There is a risk that access to justice could be compromised by insufficient financial resources and in turn impact the judicial independence of the courts.

This risk is driven by a number of factors including a reference level insufficient to meet CAS’s mandated requirements; a high percentage of operating cost that is non-discretionary in nature; the scope and complexity of the federal courts system; proposed legislative changes; increasing scope and complexity of cases, amendments to the courts rules; increasing workload pressures in the registries; the non-discretionary work associated with the escalation in the number of multi-day hearings; the growing number of self-represented litigants; ongoing public demands for online services; increases in the number of court decisions requiring translation; technological advancements; and the requirement to support Canada’s fiscal objectives.

In 2018–19, addressing the impacts of limited resources on core operations will remain a major priority for the FCA, the FC, the CMAC, the TCC and CAS. In particular, CAS will continue to pursue funding for a number of important initiatives, including funding for the implementation of a new CRMS and to address delays in translation of court decisions. CAS will also continue to conduct frequent reviews of expenditures, commitments and staffing actions to rapidly identify and address pressures on available resources.

Courts and Registry Management System

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

This risk is driven by the growing popularity of, and public demand for digital service, and an infrastructure incapable of supporting new system functions. In order to facilitate electronic interactions with the Courts and CAS, supporting IT infrastructure needs to reflect the technological requirements of a new CRMS.

To respond to this risk, CAS will refine its business requirements and proposal to secure funding for a new CRMS. Work will also be done to modernize courtroom facilities in support of an e-court environment. CAS will also continue to implement projects identified in the five-year IT Infrastructure Management Plan.

Human Resources Management

There is a risk that a lack of succession planning, insufficient staff capacity, high staff turnover, workload pressures, work culture and environment will negatively impact the wellness and productivity of employees.

A sufficient level of human resources with the appropriate skill set is critical to the effective and efficient execution of CAS’s mandate. In 2018–19, the lack of succession planning, insufficient staff capacity, high staff turnover, and workload pressures, culture and environment, could negatively impact the wellness and productivity of employees and CAS’s overall human resources.

To respond to this risk, CAS will continue to make progress on succession planning to develop a pool of talent to staff positions critical to the organization’s ongoing operations and long-term goals. Investments will also be made in critical operational training for employees, along with updating procedures and training manuals to reflect current court rules, practices and procedures. In support of a healthy work environment, CAS will implement programs to promote workplace and mental health as well as develop and implement a harassment prevention strategy.

Information Management

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

CAS is responsible for processing and maintaining court documents for the four Courts which have inevitably resulted in a large volume of archival information—much of which is in paper copy. Without appropriate information management practices and systems in place, CAS risk of loss, damage or inaccessibility of records of business value or historical jurisprudence, which may impact decision making.

In 2018–19, to mitigate this risk, CAS will expand the adoption and implementation of the electronic document management system which, when completed, will act as a central repository to create, store and manage information resources of business value. In collaboration with the Courts, CAS will continue to review document retention standards for judicial information to help streamline document management and conversion of files into electronic format, and implement security classification applicable to judicial information as agreed upon by the Courts. Activities to ensure system redundancy will also be advanced to support business continuity. Given that existing court records have nearly exhausted CAS’s record storage capacity, CAS will also continue to seek additional suitable space to store and archive court records.

Security

There is a risk that the security of members of courts, court users and CAS employees, facilities, information and IT could be compromised.

The security of the federal courts, as well as the safety of their members, CAS employees, litigants and the public will remain a priority for CAS in 2018-19. In a context marked by the threats on the national and international scene, court security requirements, as well as security of IT systems must continually evolve. As such, measures to adequately address security risk to members of courts, court users, CAS employees, facilities, information and IT are necessary to ensure that their security is not compromised.

In 2018–19, CAS will continue to implement its comprehensive security programs, make enhancements to security controls and response capabilities, and harmonize security service standards across Canada. CAS will maintain ongoing collaboration with the law enforcement community across Canada to inform strategic security decisions and strengthen services provided to the Courts. CAS will also continue the implementation of its plans to invest $19 million over five years (beginning 2015–16), to ensure physical and IT security for the federal courts. This will ensure the continued protection of members of the courts, employees, litigants, and the public, as well as personal and sensitive commercial information held by the courts.


Supplementary Information Tables

Gender-based analysis plus

Introduction

The Government of Canada defines the term “gender-based analysis plus” (GBA+) as an analytical approach used to assess how diverse groups of women, men and gender-diverse people may experience policies, programs and initiatives. The “plus” in GBA+ acknowledges that the gender-based analysis goes beyond biological (sex) and socio-cultural (gender) differences. There are multiple identity factors that intersect to make us who we are; GBA+ considers many other identity factors, such as race, ethnicity, religion, age, and mental or physical disability.

The Government of Canada is committed to supporting the full implementation of GBA+ across federal departments, so that differential impacts on diverse groups of people are considered when policies, programs and legislation are developed. In 2015, the government renewed its commitment to GBA+ and mandated the Minister of Status of Women to work with the President of the Treasury Board to ensure that GBA+ is incorporated into Departmental Results Frameworks, Departmental Plans and Departmental Results Reports, and performance reporting.

More information on GBA+ is available on the GBA+ Portal in GCpedia.

Governance structures

CAS is committed to the implementation of Gender-based Analysis Plus (GBA+) in the development of policies, programs and initiatives, including consideration of differentiated impacts on diverse groups of women and men.

GBA+ Governance and Oversight

The accountability mechanisms that ensure that GBA+ is integrated into departmental decision-making processes at CAS is as follows:

  • The CAS Executive Committee (ExCom), headed by the Chief Administrator is responsible for the approval of CAS GBA+ policies, frameworks, procedures and action plans.
  • The CAS Responsibility Center for developing, monitoring and implementing a framework and practices of GBA+ is the Strategic Planning, Communications and Corporate Secretariat Directorate. The Responsibility Center is also responsible for conducting annual reviews and assessments of the implementation of the CAS’s GBA+ Framework and Departmental Action Plan, and reporting to ExCom on progress.
  • A CAS GBA+ Advisory Committee will be established in 2018-19 and will comprise of senior management and employee representatives from across Canada. This committee will assist in the development, update and implementation of such plans.
Human resources
  • In 2018-19, the implementation of the CAS GBA+ Framework and Departmental Action Plan will be a shared responsibility. Executives will be required to support CAS’s commitments to GBA+ and demonstrate progress made on items outlined in the Departmental GBA+ Action Plan. Plans will also include CAS’s management commitment to discuss the results of annual reviews and assessments of the implementation of the CAS GBA+ Framework and Departmental Action Plan with employees.
Planned initiatives
  • In 2018–19, CAS will formalize its GBA+ Framework and a Departmental Action Plan to strengthen the use of GBA+ as a key tool in informing decision making. The plan will take into consideration lessons learned and best practices from other federal departments and agencies and contribute to CAS’s capacity to learn about, apply and report on the organization’s GBA+ activities.
  • Implement the CAS’s GBA+ Framework and Departmental Action Plan.
  • Provide mandatory GBA+ training to senior officials, analysts and other appropriate staff.
  • Develop guides, manuals and other appropriate tools for promoting GBA+.
Internal audits
Title of internal audit Area being audited Status Expected completion date
Values & Ethics Framework Human Resources In progress May 2018
Efficiency of the Delivery of Registry Services Registry Services In progress December 2018
Judicial Services Translation Activities Judicial Services Planned March 2019
Corporate Communications Framework and Practices Corporate Services Planned September 2019
Judicial Support Services at Hearings Judicial Services Planned December 2019
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