2017–18 Departmental Plan

ISSN 2371-7408

Table of contents

• Message from the Acting Director of Public Prosecutions
• Message from the Commissioner of Canada Elections
• Plans at a glance
• Raison d’être, mandate and role: who we are and what we do
  • Raison d’être
  • Mandate and role
• Operating context: conditions affecting our work
• Key risks: things that could affect our ability to achieve our plans and results
• Planned results: what we want to achieve this year and beyond
  • Programs
  • Internal Services
• Spending and human resources
  • Planned spending
  • Planned human resources
  • Estimates by vote
  • Future-Oriented Condensed Statement of Operations
• Supplementary information
  • Corporate information
  • Supplementary information tables
  • Federal tax expenditures
  • Organizational contact information
• Appendix A: Definitions
• Endnotes

Message from the Acting Director of Public Prosecutions

I am pleased to present the 2017-18 Departmental Plan of the Public Prosecution Service of Canada (PPSC).

Our 2017-18 Departmental Plan provides parliamentarians and Canadians with information on what we do and the results we are trying to achieve during the upcoming year. To improve reporting to Canadians, we are introducing a new, simplified report to replace the Report on Plans and Priorities.

The title of the report has been changed to reflect its purpose: to communicate our annual performance goals and the financial and human resources forecast to deliver those results. The report has also been restructured to tell a clearer, more straightforward and balanced story of the actual results we are trying to achieve, while continuing to provide transparency on how tax payers’ dollars will be spent. We describe our programs and services for Canadians, our priorities for 2017-18, and how our work will fulfill our departmental mandate commitments and the government’s priorities.

The PPSC will continue to focus on the following organizational priorities in 2017-18:

• Excellence in prosecution management: The PPSC has taken steps to develop a nimble and appropriate response to the new approach for determining a reasonable period of time to conclude a prosecution outlined by the Supreme Court of Canada in R. v. Jordan. The new Director of Public Prosecutions Guideline (Chapter 3.17: Ensuring Timely Prosecutions) was built on successful prosecution strategies, and will continue to be reviewed on an ongoing basis, taking into account operational lessons learned from PPSC offices across the country as well as from other prosecution services.
• Employee training and development: The PPSC will leverage the wealth of expertise and experience within the organization through the use of tools that allow for flexible learning opportunities and of resourceful approaches to mentoring. These approaches will enable the PPSC to continue to reach its high standards for service to the public.
• Working collaboratively with investigative agencies: Prosecutors will continue to find ways to enhance effective cooperation with investigators while respecting the independent mandates of investigative agencies.

In addition, we have identified key risks that may affect the organization’s ability to achieve its mandate and have developed strategies to address those risks. These strategies will assist in mitigating challenges related to the internal capacity of the PPSC to meet its prosecutorial obligations; the potential for disclosure of sensitive information; the challenges associated with information management business requirements; and the ongoing potential for threats and intimidation of PPSC staff arising from prosecution work.

In meeting these challenges, as in all of its work, our employees are guided by the organization’s key values of respect, excellence, integrity, and leadership.

George Dolhai
Acting Director of Public Prosecutions

Message from the Commissioner of Canada Elections

I am pleased to present the 2017-18 Departmental Plan for the Office of the Commissioner of Canada Elections (OCCE).

Our 2017-18 Departmental Plan provides parliamentarians and Canadians with information on what we do and the results we are trying to achieve during the upcoming year. To improve reporting to Canadians, we are introducing a new, simplified report to replace the Report on Plans and Priorities.

The title of the report has been changed to reflect its purpose: to communicate our annual performance goals and the financial and human resources forecast to deliver those results. The report has also been restructured to tell a clearer, more straightforward and balanced story of the actual results we are trying to achieve, while continuing to provide transparency on how tax payers’ dollars will be spent. This report describes our programs and services for Canadians, our priorities for 2017-18, and how our work will fulfill our departmental mandate commitments and the government’s priorities.

The overarching priority for the OCCE is, at all times, to ensure that we deliver on our mandate. The activities outlined in the Departmental Plan are designed to ensure that we continue to meet the responsibilities conferred on our office by the Canada Elections Act and the Referendum Act, and that we do so in a way that ensures we are accountable to Canadians while maintaining the independence of our organization. 

Delivering on our mandate requires a solid, permanent core of in-house personnel with the expertise to carry out our investigative, legal and administrative functions. In recent years, we have had to supplement the small number of indeterminate positions within the OCCE with additional resources hired for a specified term. This has been done in order to meet the demands of increasingly complex investigations and as a response to the fact that, since 2014, we have relied on the use of our own staff to provide some internal services with a view to protecting our independence and the public perceptions of this independence. Although the Canada Elections Act allows for the appointment of individuals on a temporary basis, those authorities should not be used, ideally, to staff positions carrying out core functions of the OCCE. The use of term positions to fulfill permanent core functions means that it is difficult for the organization to attract and retain individuals. In my view, it is clear that there is a need to re-evaluate the number of indeterminate positions within the OCCE to reduce our reliance on term resources, and to increase the likelihood that the people with the required knowledge and experience are in position when an election or referendum is held.

Looking ahead, the recent introduction of Bill C-33 An Act to amend the Canada Elections Act and to make consequential amendments to other Acts, contains a number of measures that could impact on our operations in the coming year. We will be carefully monitoring developments related to this legislation, with a view to assessing the impact on our organization, and will provide Parliament with any assistance it may request as it considers these changes. Moreover, we will be monitoring other legislative changes that, according to recent comments by the former Minister of Democratic Institutions, are likely to be introduced in Parliament during the coming year.

Yves Côté, Q.C.
Commissioner of Canada Elections

Plans at a glance

Public Prosecution Service of Canada

Excellence in Prosecution Management

Given the nature, volume and complexity of criminal prosecutions, the PPSC is required to assess and manage its prosecutorial resources on an ongoing basis. In 2017-18, the PPSC will continue to focus on improving its prosecution management practices, from the way files are assigned to how they are managed and tracked throughout the lifecycle of a prosecution. It will also continue to identify and learn from best practices and recommendations developed by its partners as well as international and provincial counterparts.

Employee Training and Development

The PPSC is committed to providing its employees with access to the tools and opportunities they need to improve their skills, further their professional development, and tackle the complex challenges of today’s prosecutions and operational requirements. The organization will continue to offer formal and informal employee learning and developmental training in both the legal and non-legal employment streams. The provision of targeted legal training to prosecutors will ensure they meet the requirements set by provincial bar associations. As well, ongoing and new training will be provided to employees that is directed towards ensuring a respectful and healthy workplace. This training will include anti-harassment workshops, vicarious trauma counselling and mental health first aid guidance sessions.

Working Collaboratively with Investigative Agencies

The PPSC will continue to strengthen its relationships with investigative agencies through effective communication at both the local and national levels. While recognizing the independent roles of investigators and prosecutors, collaboration will continue to underpin these relationships at the investigative and prosecution stages. The PPSC will ensure that when prosecutors are engaged in investigations, the investigators will receive advice that is consistent, complete and promotes respect for the rule of law.

Given that the decision regarding who to investigate resides exclusively with the investigators, effective and ongoing communications regarding investigative and enforcement priorities, including upcoming investigations and any other matters of mutual concern will continue to assist in predicting demands for prosecutorial services. At the individual file level, the PPSC will continue to work with investigators to enhance the use of the Report to Crown Counsel to assist in fulfilling the Crown’s constitutional obligations to provide timely disclosure of the prosecution case to the accused. On a more general level, the PPSC will work with investigative agencies to develop training programs for investigators that provide operational support so that investigators and prosecutors are able to address current and emerging trends in criminal and constitutional law, including those arising from the ongoing evolution of investigative tools and techniques.

Office of the Commissioner of Canada Elections

Compliance and Enforcement of the Canada Elections Act

In 2017-18, the OCCE will focus its efforts on addressing complaints and ongoing investigations. This work is expected to continue throughout the fiscal year with the ongoing investigation of complaints received during the 2015 general election, as well as with the referral of political financing matters from Elections Canada, including with respect to those related to that general election.

Legislative changes involving the Canada Elections Act

The OCCE will also monitor ongoing parliamentary discussions surrounding legislative changes recently proposed in Bill C-33 that could, if adopted, move the OCCE back to Elections Canada, and will provide Parliament with any assistance it may request as it considers these changes. In addition, the OCCE is anticipating a second series of amendments in response to the recommendations put forth by the Chief Electoral Office which may have implications with respect to the compliance and enforcement regime.

The OCCE’s planned activity with respect to this last highlight is aligned with and supports the directive given to the Minister of Democratic Institutions in the mandate letter she received from the Prime Minister, to make the OCCE more independent from Government.

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

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

Raison d’être

The Office of the Director of Public Prosecutions (ODPP)^{Endnote i} was created on December 12, 2006, with the coming into force of the Director of Public Prosecutions Act. The ODPP is an independent prosecution service mandated to prosecute offences that are under the jurisdiction of the Attorney General of Canada.

On October 1, 2014, pursuant to amendments to the Canada Elections Act, the OCCE was transferred from Elections Canada to the ODPP. The Commissioner of Canada Elections and the Director of Public Prosecutions exercise their statutory duties independently from each other while operating within the same organization. The Minister of Justice and Attorney General of Canada is responsible for this organization.

The ODPP has two strategic outcomes under its Program Alignment Architecture. The first is that criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner. The mandate of the ODPP includes:

• providing legal advice to police and federal investigative agencies and government departments on the criminal law implications of investigations and prosecutions;
• initiating and conducting federal prosecutions; and
• intervening in matters that raise questions of public interest that may affect the conduct of prosecutions or related investigations.

The second strategic outcome is in respect of the work of the OCCE. It provides that compliance and enforcement activities under the Canada Elections Act and Referendum Act are conducted by the OCCE in a fair, impartial and independent manner. Activities related to this mandate include:

• the use of non-punitive and informal corrective measures in response to certain situations of non-compliance and of formal measures for others, such as compliance agreements, injunctions, and applications for the judicial deregistration of a registered party; and
• taking enforcement measures to respond to situations of non-compliance, including deciding which matters will be referred to the ODPP for possible prosecution and what charges will be recommended.

Mandate and role

Public Prosecution Service of Canada

The PPSC undertakes key duties on behalf of the Attorney General of Canada and all Canadians. These key duties, to be carried out in an objective and non-partisan manner, are:

• The duty to act independently in making decisions related to criminal prosecutions – This constitutional principle recognizes that decisions as to whether a prosecution should be initiated, continued or ceased, must be made solely in accordance with legal criteria related to whether there is evidence that indicates a reasonable prospect of conviction and an assessment of whether a prosecution best serves the public interest. Considerations of a partisan political nature are expressly excluded from the consideration of the public interest.
• The duty to act independently in providing prosecution-related legal advice – While prosecution-related advice to law enforcement and other federal investigative agencies will take into account an agency’s legal and policy setting, prosecutors cannot be drawn into an agency’s policy making and program administration such that their ability to provide impartial, accurate and effective legal advice is undermined.

Areas of Prosecution

The PPSC prosecutes cases under federal statutes that are referred to it by the Royal Canadian Mounted Police (RCMP), other federal investigative agencies, and provincial and municipal police forces.

It is responsible for prosecuting all drug offences under the Controlled Drugs and Substances Act (CDSA), regardless of whether a federal, provincial or municipal police agency lays the charges, except in Quebec and New Brunswick.^{Endnote ii} In the latter two provinces, the PPSC prosecutes only drug offences investigated by the RCMP.

In all provinces and territories, the PPSC prosecutes offences under federal statutes aimed at protecting the environment and natural resources as well as the country’s economic and social health (e.g., Fisheries Act; Income Tax Act; Copyright Act; Canada Elections Act; Canadian Environmental Protection Act, 1999; Competition Act; Customs Act; Excise Act; Excise Tax Act); and offences involving fraud, including capital market fraud and the corruption of foreign officials. In total, over 250 federal statutes contain offences that fall under the PPSC’s jurisdiction to prosecute; however, the PPSC regularly prosecutes offences under approximately 40 of those statutes.

In the three territories, the PPSC prosecutes all Criminal Code offences as well as offences under all other federal legislation and, on behalf of the territorial governments of the Northwest Territories and Nunavut, certain territorial statutes. In the provinces, the PPSC has jurisdiction to prosecute certain Criminal Code offences, including those related to terrorism, criminal organizations, money laundering and proceeds of crime. Under arrangements with the provinces, the PPSC may prosecute Criminal Code offences that are otherwise within provincial jurisdiction when the accused also faces more serious charges within federal jurisdiction.

The PPSC does not have authority to direct investigations. It responds to requests for prosecution-related advice from investigators. Such advice is crucial to ensuring that investigative techniques and procedures are consistent with evolving rules of evidence and with protections under the Canadian Charter of Rights and Freedoms. The advantage of early prosecutorial advice is that it reduces the risk that investigative decisions, such as those concerning methods of obtaining evidence, will detrimentally affect the constitutional rights of Canadians or the admissibility of evidence at trial.

Office of the Commissioner of Canada Elections

The OCCE plays an important role in safeguarding Canadians’ trust in the democratic process. As an independent officer, the Commissioner of Canada Elections’ dual roles of ensuring compliance with, and enforcement of, the Canada Elections Act and the federal Referendum Act, are carried out with the aim of promoting the integrity of the electoral process.

The Commissioner is responsible for the investigation of offences and for making recommendations to the Director of Public Prosecutions with respect to the laying of charges under the Canada Elections Act and the Referendum Act. The Commissioner exercises this mandate in accordance with these acts, other relevant statutory authorities and constitutional law, as well as applicable internal practices and policies.

For more general information about the PPSC and OCCE, see the “Supplementary information” section of this report.

Operating context: conditions affecting our work

Public Prosecution Service of Canada

A number of factors may affect the PPSC’s ability to achieve its mandate. For instance, the PPSC does not determine the number or types of cases referred to it for prosecution by the police and investigative agencies. Its workload is largely based on the decisions of these agencies regarding investigative priorities, tactics and resource allocations. As a result, changes in the allocation of enforcement resources may affect the nature and volume of the PPSC’s caseload. PPSC’s Senior Management will continue to monitor the capacity levels of legal staff in order to ensure that their workload is efficiently aligned.

In addition, the Supreme Court of Canada in R. v. Jordan^{Endnote iii} outlined a new approach to the determination of whether a prosecution is completed within a reasonable time. The new framework sets presumptive ceilings of 18 months from the time charges are laid to the actual or anticipated end of a trial in cases going before provincial court, or 30 months for cases going before superior court.

The PPSC has always placed a priority on ensuring that cases are prosecuted in an appropriate, principled and timely manner, which includes building upon existing practices and policies relating to file management. However, in response to the new approach outlined in the Jordan decision, the PPSC has added a chapter outlining the steps to be taken to ensure timely prosecutions in its Deskbook.^{Endnote iv} Operationally, it has identified prosecutions at risk of exceeding the presumptive ceilings and developed mitigation strategies. Moreover, the organization has identified and implemented best practices in a manner that is consistent nationally, while respecting local procedures and practices.

While the PPSC does not control all of the levers of the criminal justice system to ensure the timely conclusion of a prosecution, the organization will continue to increase its collaboration with the police, defence counsel and the Courts to identify and implement appropriate case management strategies within existing legislation.

Office of the Commissioner of Canada Elections

Throughout the reporting period, the OCCE will continue to focus on finalizing, wherever possible, ongoing investigations in advance of the next election. In addition, the OCCE will take necessary steps to ensure that it is ready to carry out its mandate in the face of any by-election or referendum that may be called during the period.

The introduction of amendments to the Canada Elections Act will be central to the OCCE’s operating context for 2017-18. If adopted, the amendments – including the transfer of the OCCE to Elections Canada – will require the OCCE to redirect resources, on an interim basis, to the evaluation and implementation of processes associated with the transfer.

Since 2014, the OCCE has also been affected by a broadening of the scope of work performed within the organization, including in areas that were previously administered by employees of Elections Canada. This was done in order to modernize processes within the OCCE as well as to increase the Commissioner’s independence from the Chief Electoral Officer and the Government. For example, since 2014, the Commissioner receives independent legal and communications advice and services from his own staff and has developed a new complaint intake process.

Key risks: things that could affect our ability to achieve our plans and results

Key risks

Public Prosecution Service of Canada

The PPSC actively monitors its operating environment to identify and manage risks that may affect progress in achieving its strategic outcome and organizational priorities.

As noted in the “Operating context” section of this report, the PPSC does not determine the number or types of cases referred to it for prosecution, nor does it control all of the levers of the criminal justice system to ensure the timely conclusion of a prosecution. This contributes to a risk that the PPSC may not have sufficient internal capacity to meet its prosecutorial obligations. In order to mitigate this risk, the PPSC will continue to work collaboratively with its justice system partners and implement robust case management policies and practices to comply with the new presumptive deadlines for the completion of trials outlined in the Jordan decision.

Given the nature of the PPSC’s core mandate, employees are required to receive and handle a high volume of records from investigators that contain sensitive information. This in turn increases the risk that sensitive information could be inadvertently disclosed or lost, resulting in a potential privacy breach, a threat to the security and safety of individuals, and/or the public questioning the ability of the organization to adequately protect the information under its control. Accordingly, the PPSC has communicated to investigative agencies the importance of ensuring that sensitive information is provided in a secure fashion. The PPSC will continue to take steps to ensure that employees are aware of their obligation to safeguard information. It will also continue to take appropriate measures to mitigate the potential consequences of any privacy or security breaches, and to prevent future occurrences from transpiring.

Since PPSC employees may be exposed to threats and intimidation due to the nature of their work, an Employee Protection Program to help prevent and respond to threats and incidents of intimidation has been implemented. This program will be reviewed and updated on an ongoing basis as required.

Finally, the PPSC does not currently have mechanisms in place that would assist the organization in meeting its obligations to dispose of records that have reached the end of their lifecycle. Therefore, there is a risk that the organization will be unable to respond to central agency requirements. The PPSC is working to implement policy instruments and tools to ensure effective information management to address this issue.

Office of the Commissioner of Canada Elections

The OCCE identified three key risks for 2017-18. First, a bill containing changes to the Canada Election Act, tabled in Parliament in late 2016, proposes the return of the OCCE to Elections Canada. Although both organizations independently carry out roles that are separate and distinct from one another, there is a risk that the potential re-joining of the two organizations may serve to reinforce the misconception that the Commissioner and the Chief Electoral Officer do not act independently in the performance of their respective functions. Should Parliament adopt these proposed changes, the OCCE will be very mindful to preserve its independence and public perceptions about this independence.

Second, the current use of term positions to fulfill permanent core functions means that it is difficult for the OCCE to attract and retain individuals. The OCCE has identified a clear need to re-evaluate the number of indeterminate positions within the organization, both to reduce its reliance on term resources as well as increase the likelihood that the organization will be able to attract and retain people with the required knowledge and experience to assist in carrying out its mandate.

Finally, in addition to the Canada Elections Act, the OCCE is also responsible for ensuring compliance with and enforcement of the Referendum Act. There continues to be a great deal of debate surrounding potential reforms of Canada’s electoral system, including whether or not a referendum should be called to address the question. The current legal framework for a referendum has not been reviewed in many years and may not be entirely up to date. This is particularly important with respect to paying expenses that would be incurred to allow the OCCE to deliver on its mandate in the event of a referendum.

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

Public Prosecution Service of Canada

Planned results

The judicial stays for abuse of process targeted here involve a disposition where the court does not allow a prosecution to proceed because of objectionable prosecutorial conduct.

As well, plaintiffs suing Crown prosecutors for malicious prosecution must prove, among other matters, that the prosecution was undertaken without reasonable and probable cause, and was motivated by malice or a primary purpose other than that of carrying the law into effect.

Lastly, complaints regarding the PPSC’s independence, impartiality or fairness may be made to the courts or to the PPSC under its Complaints Policy. The PPSC Complaints Policy came into effect in October 2012, and is available on the PPSC’s website.^{Endnote v}

Programs

Prosecutors are expected to discharge their duties with fairness, objectivity and integrity. Their role is not to win convictions at any cost but to put before the court all available, relevant and admissible evidence necessary to enable the court to determine the guilt or innocence of the accused. Hence, the performance indicators and results for both the Drug, National Security and Northern Prosecutions Program and the Regulatory Offences and Economic Crime Prosecution Program are based on the extent to which prosecutions result in a determination on the merits of the evidence.

The PPSC considers that a case is decided on its merits when:

• a judge or jury determines the guilt or innocence of an accused person after a trial;
• a judge determines after a guilty plea that a conviction or discharge is appropriate; or
• a Crown prosecutor stays or withdraws a charge as a result of an assessment that the case does not meet the test for prosecution.

Cases not decided on the merits are those that are stayed by the Court, and for which, as a result, there is no determination of guilt or innocence by a judge or jury based on the evidence. A judicially imposed stay will generally mean permanent suspension of the proceedings.

Drug, National Security and Northern Prosecutions Program

Description

This program supports the protection of Canadian society against crime through the provision of legal advice during police investigations, and the prosecution of: all drug offences under the CDSA and any related organized crime and proceeds of crime offences throughout Canada, except in Quebec and New Brunswick, where the PPSC prosecutes such offences only where charges are laid by the RCMP; pursuant to understandings with the provinces, Criminal Code offences where they are related to drug charges; all Criminal Code offences in the three territories; national security and terrorism offences; and war crimes and crimes against humanity offences. This program also involves the promotion of federal-provincial-territorial cooperation on criminal justice issues of mutual concern.

Planning highlights

Within this program, the PPSC will focus on the prosecution of: organized crime offences involving drugs; trafficking offences involving fentanyl and other new designer drugs posing lethal threats to the health of Canadians; national security offences; and repeat violent offenders in the three northern regions.

Given the threat to the public posed by drugs such as fentanyl, and the emergence of even more dangerous analogues such as carfentanyl and furanylfentanyl, the PPSC has created a national network of senior prosecutors responsible for assisting counsel who are prosecuting individuals who traffic in, produce or import fentanyl. Additionally, the PPSC has established a national database of materials to support these counsel with the most up-to-date and relevant materials available, including expert evidence on the harms of fentanyl abuse. The PPSC will continue to seek sentences that reflect the grave harm represented by fentanyl. To date, those sentences have ranged from 2½ years for a first-time small volume trafficker to 14 years for trafficking a sizable amount of fentanyl. The organization will also ensure that resources are dedicated in a manner that enables effective prosecution of such cases.

The focus given to prosecuting terrorism offences reflects the gravity of the impact of these offences on Canada’s national security, international relations and national defence. The PPSC currently has ongoing prosecutions relating to eight individuals for terrorism offences. It is also prosecuting offences under the Security of Information Act against one accused person. Charges are outstanding against an additional nine individuals who are not in Canada but for whom the RCMP has registered Red Notices with Interpol. Eight terrorism peace bond applications under sections 810.01 or 810.011 of the Criminal Code are currently before the courts.

Organized crime continues to be a priority for the police and other law enforcement authorities. Issues relating to technology and lawful access will play a prominent role in the PPSC’s advisory and litigation activities in the coming year. The use of technology (such as encryption) by organized criminals to facilitate and conceal their criminal activities, the technological response by police to defeat these activities, and police access to data stored or located outside of Canada raise challenging legal and constitutional issues. As well, litigation concerning the limits and implications of existing Supreme Court of Canada jurisprudence related to search and seizure issues in the context of technology can be expected.

Project Roadmaster was a three-year joint-forces investigation into the large-scale importation of cocaine into Canada. On September 22, 2014, 14 individuals were arrested and 30 charges were laid in connection with the alleged importation of multiple shipments containing hundreds of kilograms of cocaine concealed in large granite boulders. The shipments allegedly were sent to a warehouse in Port Colborne and the cocaine was subsequently distributed throughout southern Ontario. The criminal organization with ties to Mexico eventually set up two additional warehouses that were intended to receive and process these shipments. Several members of the group were also charged with laundering of proceeds of crime for allegedly having transmitted to Mexico more than $13M obtained from criminal activities.

In October 2015, a direct indictment was preferred against eight accused pursuant to section 577 of the Criminal Code. As of January 30, 2017, 11 accused have been convicted and sentenced for their involvement in this case, receiving sentences of up to 18 years’ incarceration. Three accused have filed conviction appeals, alleging errors in the ruling that dismissed their section 11(b) application in which a stay for unreasonable delay was sought.^{Endnote vi} Two accused are scheduled for a four-to-six month jury trial commencing on February 27, 2017.

In the northern regions, the PPSC will continue to dedicate paralegals to support the preparation of applications relating to long term and dangerous offenders. Furthermore, in light of the frequent exposure to graphic material, information and the interaction with victims of violent crimes, which can lead to experiencing vicarious trauma and other mental health related issues, the PPSC will provide mental health training and ongoing counselling support to all of its staff in the North.

The Government of Canada has made a commitment to legalize, strictly regulate and restrict access to marijuana. The PPSC will be prepared to fulfill its prosecutorial obligations in relation to any legislative regime relating to cannabis enacted by Parliament.

The PPSC will also continue to emphasize inter-jurisdictional cooperation within the prosecutorial community and with investigative agencies, both federally, nationally and internationally.

The results presented above are based on information extracted from the PPSC’s internal database. The figures are extracted from a live system and may be subject to revision from time to time, based on changes made to the data for any particular reporting period. The results above are based on the most serious outcome within each active file during the fiscal year.

Regulatory Offences and Economic Crime Prosecution Program

Description

This program supports the protection of Canadian society against crime through the provision of legal advice to police and federal investigative agencies, and the prosecution of: offences under federal statutes aimed at protecting the environment and natural resources as well as the country’s economic and social health (e.g., Fisheries Act; Income Tax Act; Copyright Act; Canada Elections Act; Canadian Environmental Protection Act, 1999; Competition Act; Customs Act; Excise Act; and Excise Tax Act); and offences involving fraud, including capital market fraud and the corruption of foreign officials. This program also includes the recovery of outstanding federal fines and the promotion of federal-provincial-territorial cooperation on criminal justice issues of mutual concern.

Planning highlights

Within this program, the PPSC will focus on cases involving economic crime such as offences under the Corruption of Foreign Public Officials Act and offences under the Competition Act. Its work will also focus on various offences under the Canada Elections Act, the Canada Labour Code, and federal statutes aimed at protecting the health of Canadians and of the environment. To support all of its prosecution-related activities, the PPSC will also ensure that high-quality law practice management programs and training are delivered to PPSC prosecutors and paralegals.

The following notable prosecutions are expected to take place, in whole or in part, during the 2017-18 fiscal year:

R. v. Montreal, Maine & Atlantic Railway Ltd., et al. (a.k.a. Lac Mégantic)

On June 22, 2015, criminal charges under the Railway Safety Act and the Fisheries Act were filed in the Court of Québec, Criminal and Penal Division against officials of the Montreal Main & Atlantic Canada (MMAC) company and Montreal Main & Atlantic Railway Ltd. (MMAR) following the tragedy in Lac Mégantic, Québec, which caused the death of 27 people. The charges under the Railway Safety Act relate to the failure to apply a sufficient number of handbrakes to secure the train and failing to properly verify whether the brakes that were applied were sufficient to secure the train. The charge under the Fisheries Act relates to depositing a deleterious substance in water frequented by fish.

R. v. RCMP

The RCMP has been charged with four counts of violating section 124 of the Canada Labour Code (failure to ensure the health and safety of employees at work). The charges relate to the June 4, 2014 incident in a residential area of Moncton, New Brunswick, during which three RCMP officers were fatally shot and two others wounded by a heavily armed assailant. The charges allege that the RCMP failed to provide its members with appropriate use of force equipment and related instruction and training to ensure their health and safety when responding to an active shooter event. The RCMP has entered not guilty pleas to all charges and the matter is scheduled for trial in the Provincial Court of New Brunswick in April 2017.

R. v. Groupe SNC-Lavalin Inc., SNC Lavalin International, SNC Lavalin Construction Inc.;
R. v. Bebawi; R. v. Roy

Groupe SNC-Lavalin Inc. and two of its subsidiaries are charged under the Corruption of Foreign Public Officials Act for allegedly paying bribes to secure an advantage for the company in relation to major construction projects in Libya. The company and its subsidiaries are also being prosecuted for fraud against the Libyan state in relation to the same projects in an amount in excess of $129 million. Proceedings against the company are in the pre-trial phase with preliminary hearings scheduled to commence in 2018. In addition, former company officials are charged in relation to the same matter.

R. v. Irving Oil Company Ltd.

Irving Oil is facing three counts under paragraph 45(1)(c) of the Competition Act as a result of an alleged price fixing agreement related to the price of gasoline in the Sherbrooke, Victoriaville and Thetford Mines markets in 2005 and 2006. The trial of this matter is scheduled to commence on November 6, 2017.

Other activities

The PPSC is responsible for the recovery of outstanding court-ordered federal fines under the terms of an assignment issued by the Attorney General of Canada in 2007. Further to the establishment of a contract with a private collection agency to collect these fines on behalf of the organization, the PPSC continues to administer the program and to manage its relationship with the service provider.

The results presented above are based on information extracted from the PPSC’s internal database. The figures are extracted from a live system and may be subject to revision from time to time, based on changes made to the data for any particular reporting period. The results above are based on the most serious outcome within each active file during the fiscal year.

Office of the Commissioner of Canada Elections

Compliance and Enforcement

Description

This program supports the integrity of Canada’s electoral process by mandating the Commissioner of Canada Elections, an independent officer, to receive complaints and conduct investigations concerning potential violations under the Canada Elections Act and the Referendum Act. This program includes the use of non-punitive and informal corrective measures in response to certain situations of non-compliance and the conclusion of compliance agreements with offenders; and/or taking enforcement measures to respond to situations of non-compliance. It also includes deciding which matters will be referred to the Director of Public Prosecutions with a recommendation that charges be laid.

Planning highlights

In 2017-18, the Commissioner of Canada Elections will continue to ensure compliance with the Canada Elections Act through the application of administrative measures. These measures are used for less serious breaches or for cases of inadvertent non-compliance. These include informal means, such as the issuance of information or caution letters, through which the individuals or entities involved are informed of the potential consequences of their actions and are put on notice that the Commissioner now expects them to act in accordance with the requirements of the Act since they have been duly advised. It also includes formal means of ensuring compliance, such as entering into a compliance agreement with the person or entity, under the terms and conditions that the Commissioner considers necessary to ensure compliance with the Act. Under the Canada Elections Act, the Commissioner ensures enforcement of the Act by making referrals to the Director of Public Prosecutions with a recommendation that charges be laid.

The program structure will change in 2017-18, combining the Compliance and Enforcement programs. For comparison purposes, prior years’ results have also been combined.

Internal Services^{Endnote viii}

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.

Planning highlights

In order to strengthen information management (IM) within the PPSC, the organization is committed to fully staffing its IM program with employees who have the appropriate level of knowledge and experience to ensure effective and efficient program delivery.

The PPSC will also implement its 2016-20 Information Technology Strategic Plan to ensure that the organization’s investments in information technology are fully aligned with central agency requirements. In addition, it will continue to develop a customized, prosecution specific, legal case management system (LCMS) to meet the needs of the organization.

In regard to the new LCMS, the PPSC will be exploring the possibility of interfacing with internal and external systems such as GCDocs and Peoplesoft. There will be considerable effort expended in experimenting with the various aspects of making these systems communicate effectively and securely within the confines of the legal frameworks that allow information sharing between entities. The interfaces being explored will lead to more efficient sharing of information and considerably less duplication of both information and effort. The new LCMS will be designed, developed and implemented in phases over a number of fiscal years. The PPSC is expected to devote approximately 0.7% of its total budgetary expenditures for 2017-18 to this initiative.

Finally, the PPSC will continue to implement Workplace 2.0 in the planning and design of offices scheduled for relocation across the country. As well, the organization will work with stakeholders and employees in establishing a departmental strategy and approach to improve employee wellness and mental health in the workplace.

Spending and human resources

Planned spending

Drug, National Security and Northern Prosecutions Program: The 2017-18 planned spending includes unused funds from delays in the implementation of new initiatives carried forward from previous years.

Regulatory Offences and Economic Crime Prosecution Program: 2017-18 includes additional funding for the outsourcing of the collection of federal fines. 

Compliance and Enforcement: The increase in forecast spending in 2016-17 is mainly due to increased expenditures related to investigation activities following the 2015 general election.

Internal Services: The spending variance relates to an increase in leasehold improvements for 2016-17.

Planned human resources

It is estimated that prosecution files will increase due to new initiatives for which the planned spending began in 2016-17. The planned human resources are expected to fluctuate accordingly. The increase in full-time equivalents as of 2015-16 for Compliance and Enforcement is related to investigation activities following the 2015 general election.

Estimates by vote

For information on the PPSC’s organizational appropriations, consult the 2017-18 Main Estimates.^{Endnote ix}

Future-Oriented Condensed Statement of Operations

The Future-Oriented Condensed Statement of Operations provides a general overview of the PPSC’s 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 PPSC’s website.^{Endnote x}

The total expenses are higher in 2017-18 due to the outsourcing of the collection of federal fines and higher salary expenses related to an anticipated increase in demand for prosecution services.

The total revenues are higher in 2017-18 due to an anticipated increase in demand for prosecution services.

Supplementary information

Corporate information

Organizational profile

Appropriate minister: The Honourable Jody Wilson-Raybould

Institutional head: George Dolhai, Acting Director of Public Prosecutions

Ministerial portfolio: Justice

Enabling instruments: Director of Public Prosecutions Act,^{Endnote xi}Canada Elections Act^{Endnote xii}

Year of incorporation / commencement: 2006

Reporting framework

The PPSC’s Strategic Outcomes and Program Alignment Architecture (PAA) of record for 2017-18 are shown below:

Internal Services

Supplementary information tables

The following supplementary information tables are available on the PPSC’s website.^{Endnote xiii}

• Upcoming evaluations over the next five fiscal years
• Upcoming internal audits for the coming fiscal year

Federal tax expenditures

The tax system can be used to achieve public policy objectives through the application of special measures such as low tax rates, exemptions, deductions, deferrals and credits. The Department of Finance Canada publishes cost estimates and projections for these measures each year in the Report on Federal Tax Expenditures.^{Endnote xiv} This report also provides detailed background information on tax expenditures, including descriptions, objectives, historical information and references to related federal spending programs. The tax measures presented in this report are the responsibility of the Minister of Finance.

Organizational contact information

Public Prosecution Service of Canada
160 Elgin Street, 12^th Floor
Ottawa, Ontario K1A 0H8
613-957-7772
1-877-505-7772
info@ppsc.gc.ca

Office of the Commissioner of Canada Elections
22 Eddy Street
Gatineau, Quebec K1A 0M6
1-855-759-6740
info@cef-cce.gc.ca

Appendix A: 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)

Provides information 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)

A Departmental Result represents the 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)

Consists of the department’s Core Responsibilities, Departmental Results and Departmental Result Indicators.

Departmental Results Report (Rapport sur les résultats ministériels)

Provides information on the actual accomplishments against the plans, priorities and expected results set out in the corresponding Departmental Plan.

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.

government-wide priorities (priorités pangouvernementales)

For the purpose of the 2017–18 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 initiatives (initiative horizontale)

A horizontal initiative is one in which two or more federal organizations, through an approved funding agreement, work toward achieving clearly defined shared outcomes, and which has been designated (e.g. by Cabinet, a central agency, etc.) as a horizontal initiative for managing and reporting purposes.

Management, Resources and Results Structure (Structure de la gestion, des ressources et des résultats)

A comprehensive framework that consists of an organization’s inventory of programs, resources, results, performance indicators and governance information. Programs and results are depicted in their hierarchical relationship to each other and to the Strategic Outcome(s) to which they contribute. The Management, Resources and Results Structure is developed from the Program Alignment Architecture.

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 that receive Treasury Board approval by February 1. Therefore, planned spending may include amounts incremental to planned expenditures 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.

plans (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.

Priorities (priorité)

Plans or projects 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 Strategic Outcome(s).

program (programme)

A group of related resource inputs and activities that are managed to meet specific needs and to achieve intended results and that are treated as a budgetary unit.

Program Alignment Architecture (architecture d’alignement des programmes)

A structured inventory of an organization’s programs depicting the hierarchical relationship between programs and the Strategic Outcome(s) to which they contribute.

results (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.