Departmental Results Report 2017-18

ISSN 2560-9343

Table of contents

Message from the Director of Public Prosecutions

I am pleased to present the 2017-18 Departmental Results Report for the Public Prosecution Service of Canada (PPSC). The report also includes the results of the Office of the Commissioner of Canada Elections (OCCE). The OCCE and the PPSC work independently of each other in fulfilling their respective mandates, while operating within the same organization.

The PPSC is a national organization that prosecutes federal offences impartially and objectively. We exist to protect the rights of Canadians and uphold the rule of law.

In 2017-18, prosecutors, paralegals, legal support staff, and legal agents working on behalf of the PPSC spent a total of 1,202,719 hours working on 65,898 prosecution files. PPSC prosecutors and paralegals spent an additional 238,468 hours providing legal advice to investigative agencies, participating in various committees, both national and regional, and assisting with other corporate work, as well as providing or receiving training.

Following the Supreme Court decision in R. v. Jordan, the PPSC took active steps to manage delays in our prosecutions, including formalizing guidance to prosecutors in a chapter of the PPSC Deskbook. We continue to monitor and actively track prosecutions to identify those at risk of delay and to mitigate the risk as much as possible.

The commitment of PPSC employees to fulfilling our role in the criminal justice system with dedication and integrity is what makes our success possible as an organization. I would like to thank them for all of their efforts.



Kathleen Roussel
Director of Public Prosecutions

Results at a glance

What funds were used?

$181,500,615

Actual Spending

Who was involved?

994

Actual FTEs

Results Highlights

Public Prosecution Service of Canada

Office of the Commissioner of Canada Elections

For more information on the Public Prosecution Service of Canada’s plans, priorities and results achieved, see the “Results: what we achieved” 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 Office of the Commissioner of Canada Elections (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:

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:

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:

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 department, see the “Supplementary information” section of this report. For more information on the department’s organizational mandate letter commitments, see the Minister’s mandate letter.Endnote iii

Operating context and key risks

Operating context

Public Prosecution Service of Canada

A number of factors affect the PPSC’s ability to achieve its mandate and meet its prosecutorial obligations. 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. In 2017-18, PPSC’s Senior Management continued to monitor the capacity levels of legal staff in order to ensure that their workload is efficiently aligned.

On July 8, 2016, the Supreme Court of Canada (SCC) in R. v. Jordan outlined a new approach to determine whether a prosecution is completed within a reasonable time. The new framework set 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.

Building upon existing practices and policies relating to file management, 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. Since the Jordan decision was issued, the PPSC formalized measures by adding a chapter to its Deskbook, a guiding document for federal prosecutors and private-sector agents which contains guidelines to be followed in the exercise of their prosecutorial discretion. The new chapter outlines the steps to be taken to ensure timely prosecutions. Operationally, the PPSC continued to identify prosecutions at risk of exceeding the presumptive ceilings, developed suitable mitigation strategies and implemented national best practices, while respecting local procedures and practices. Most of the current cases that have reached the presumptive ceiling have been subject to the limited flexibility provided by the SCC as part of a transition period. Although the PPSC has been able to respond within its existing capacities to date, it may face challenges in meeting the Jordan timelines in the future.

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 continued to work collaboratively 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

As the independent officer responsible for ensuring compliance with and enforcement of the Canada Elections Act, the primary focus for the OCCE in 2017-18 was the conduct of investigations of complaints received from members of the public and of referrals from Elections Canada’s political financing and electoral integrity divisions, some of which were complex and in-depth.

In support of these activities, and in advance of the 43rd general election, the recruitment and retention of OCCE staff continued to be a key consideration during the 2017-18 fiscal year. In order to address the operational requirements of the organization and build a more permanent base of qualified personnel within the Office, the OCCE requested an increase to its appropriation. The OCCE was granted an increase to its appropriation as part of Budget 2018. The intent is to use the increase to convert some positions currently held by determinate employees to indeterminate positions, as well as to substantially reduce the OCCE’s reliance on contractual resources. In addition, as part of preparations for the 2019 general election, the OCCE has started work, in particular with its counterparts at Elections Canada, to ensure it is well positioned to handle the influx of complaints associated with a general election.

The OCCE also continued to monitor the status of proposed legislation that would, among other things, transfer the OCCE to the Office of the Chief Electoral Officer. This was a key external consideration for the Office, as the adoption of this change could reduce some of the impediments to the sharing of information that currently exist between the OCCE and Elections Canada. While this proposal did not have an operational impact in 2017-18, any change to the placement of the Office within the machinery of government that Parliament could choose to make should be adopted at the earliest opportunity, to ensure that all related work is completed well in advance of the 43rd general election.

Key risks

Public Prosecution Service of Canada

Risks Mitigating strategy and effectiveness Link to the department’s Programs Link to mandate letter commitments and any government-wide or departmental priorities
Capacity

(Existing Risk)


There is a risk that capacity within the PPSC to address legal issues and/or capacity challenges faced by the criminal justice system may limit the organization’s ability to achieve its mandate.
  • Senior Management continued to monitor capacity levels of litigators and ensured that workload of all legal staff and resources were aligned efficiently.
  • The PPSC ensured that case management policies and practices were applied in a robust, consistent and effective manner in accordance with the new Jordan framework.
  • The PPSC ensured that the steps outlined in the PPSC Deskbook regarding timely prosecutions were followed.
  • The PPSC continued to work with justice system partners to ensure procedures and practices for court appearances and scheduling of preliminary hearings and trials were in accordance with the new Jordan framework
  • Drug, National Security and Northern Prosecutions Program
  • Regulatory Offences and Economic Crime Prosecution Program
N/A
Information Security

(Existing Risk)


There is a risk that sensitive information pertaining to the PPSC’s work could be inadvertently disclosed or lost.
  • The PPSC has provided general security briefings to staff, which included a component on information security.
  • The PPSC updated information security awareness tools available on the intranet.
  • The PPSC investigated breaches and undertook remedial measures.
  • Drug, National Security and Northern Prosecutions Program
  • Regulatory Offences and Economic Crime Prosecution Program
  • Internal Services
N/A
Safety to Staff

(Existing Risk)


There is a risk that PPSC staff and agents may be subject to threats or intimidation arising from their prosecution work.
  • A review of the PPSC’s Employee Protection Program was conducted and recommendations for improvements will be put forward for consideration and implementation.
  • The PPSC continued to offer training on security as well as on the prevention of violence in the workplace to provide the awareness staff need to safely conduct their work.
  • The PPSC continued to apply a high level of security measures in the construction/renovation of its offices across the country.
  • Drug, National Security and Northern Prosecutions Program
  • Regulatory Offences and Economic Crime Prosecution Program
N/A
Information Management (IM)

(Existing risk)


There is a risk that the PPSC IM operational requirements and obligations will not be met.
  • The PPSC continued alignment of its enterprise IM Program with the requirements of the Directive on Recordkeeping in support of the business requirements and obligations, and to ensure on-going compliance with the Directive.
  • Drug, National Security and Northern Prosecutions Program
  • Regulatory Offences and Economic Crime Prosecution Program
  • Internal Services
N/A

The PPSC’s approach to risk management reflects the organization’s mandate as an independent federal prosecution service responsible for both criminal and regulatory prosecutions. The organization actively monitors its operating environment to identify and manage risks that could negatively affect progress in achieving its strategic outcome and organizational priorities. During 2017-18, the PPSC identified four key risks to the organization, namely: capacity, information security, safety to staff, and information management.

As previously noted, 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 contributed to a risk that the organization may have insufficient internal capacity to meet its prosecutorial obligations. In order to mitigate this risk, the PPSC continued to work collaboratively with its justice system partners and formalized robust case management policies and practices.

Given the nature of the PPSC’s core mandate, employees receive and handle a high volume of records containing 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 continued to move ahead with several awareness initiatives that rose awareness on information security within the organization. Additionally, the organization continued with a review and refresh of several key intranet security resources and the development of several other security products for employees, such as a quick reference paper flip guide and an online security course. Furthermore, the PPSC continued to investigate in the event of a reported breach and established internal procedures in order to ensure that all privacy and/or security breaches were reported to all relevant parties. 

Finally, the PPSC does not currently have any 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. During the fiscal year, the PPSC worked on assessing gaps in the existing IM practices and procedures for the information resources lifecycle management, together with addressing the Directive on Recordkeeping requirements, including the retention and disposition of the records that have reached the end of their lifecycle. To ensure comprehensive and disciplined approach to the management of its information assets, the PPSC continued with the development and implementation of the corporate IM Program, a plan and implementation roadmap for on-going compliance with the Directive on Recordkeeping.

Office of the Commissioner of Canada Elections

Risks Mitigating strategy and effectiveness Link to the department’s Programs Link to mandate letter commitments and any government-wide or departmental priorities
Election Preparation

(New risk)


There is a risk that misuse of social media and, more generally, new technologies will pose significant challenges for the OCCE during the 2019 general election
  • To mitigate this risk the OCCE is strengthening partnerships with other government organizations and agencies involved in these issues and opened dialogues with social media platforms.
Compliance and Enforcement N/A
Legislative Changes

(Existing Risk)


There is a risk that, with the potential return of the OCCE to Elections Canada, there may be a reduction in the public awareness about the distinct and separate functions carried out independently by the Chief Electoral Officer and the Commissioner.
  • To mitigate this risk and reinforce its status as an independent officer, the OCCE continued operating in a physically separate location from Elections Canada.
  • Furthermore, the OCCE developed distinct, corporate communications (corporate logo, social media, website) that are easily distinguishable from those of Elections Canada.
Compliance and Enforcement Ministerial mandate letter for the Minister of Democratic Institutions

The OCCE’s risk management for 2017-18 continued to focus on factors arising out of its mandate to ensure compliance with, and enforcement of, the Canada Elections Act. A review of organizational requirements, including those risk factors identified in the section above, allowed the OCCE to continue to effectively and efficiently address the complaints it received throughout the fiscal year. Additionally, the OCCE continued to make use of its Compliance and Enforcement Policy as a means of dealing with some of the risks associated with complex files.

Results: what we achieved

Public Prosecution Service of Canada

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 Prosecution Program and the Regulatory Offences and Economic Crime Prosecution Program are based on the extent to which prosecutions resulted in a determination on the merits of the evidence.

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

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.

Performance Results
Performance Indicators Targets Actual Results
Number and nature of judicial stays for abuse of process based on the conduct of a federal prosecutor. Zero Zero
Number and nature of successful malicious prosecution lawsuits. Zero Zero
Number and nature of substantiated complaints regarding the PPSC’s independence, impartiality or fairness. Zero Zero

The first performance indicator noted above regarding judicial stays for abuse of process involved a disposition where the court does not allow a prosecution to proceed because of objectionable prosecutorial conduct.

With regard to the following performance indicator, 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, with respect to complaints regarding the PPSC’s independence, impartiality or fairness, such complaints 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 organization’s website.Endnote iv

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 Controlled Drugs and Substances Act 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.

Results

In 2017-18, drug prosecution files continued to represent the most significant portion of the PPSC’s total caseload. The PPSC handled 50,089 prosecution files related to offences under the CDSA during the fiscal year. The complexity, scope and resource demands of these prosecutions varied greatly, ranging from simple cases of possession of small quantities of cannabis to complex schemes to import large quantities of drugs such as fentanyl and cocaine, or to the manufacturing of methamphetamine for domestic use or for export to other countries.

Many drug prosecutions conducted by the PPSC in 2017-18 continued to involve an organized crime element, whether or not explicit criminal organization charges were laid. Cases involving criminal organizations remained high as a result of the priority given by police forces to the investigation of such organizations. The PPSC also provided advisory assistance to police during a number of significant organized crime investigations, including on issues related to technology and lawful access.

The use of technology (such as encryption) by organized criminals to facilitate and conceal their criminal activities, the technological responses by police to defeat these activities, and police access to data stored or located outside of Canada continued to raise challenging legal and constitutional issues. Moreover, litigation concerning the limits and implications of existing Supreme Court of Canada jurisprudence related to search and seizure issues in the context of technology frequently arose in organized crime prosecutions.

The growing use of powerful synthetic opioid drugs such as fentanyl also led to an increase in the number of prosecutions involving drug possession and trafficking of those drugs. In 2017-18, the national working group established by the PPSC continued to focus on developing a complete sentencing record of fentanyl cases before the courts, including expert evidence, in order to educate the judiciary as to the appropriate range of sentence for this very dangerous drug. In addition, the PPSC continued to maintain an integral database of fentanyl decisions, facta, expert reports, and other scientific data to aid prosecutors across the country with their sentencing submissions in fentanyl prosecutions.

Furthermore, offences involving drugs are very often revenue-generating crimes, leading to the forfeiture of proceeds of crime and the property used to commit the crime (“offence-related property”). In 2017-18, the proceeds or property at issue ranged from the money used to buy drugs from an undercover officer to real estate bought with proceeds of crime or used to produce drugs. Moreover, the PPSC provided guidance to the police and its prosecutors in the application of the Good Samaritan Drug Overdose Act added to the Criminal Code to permit those at the scene of a potential overdose to call for emergency assistance without the risk of being charged with an offence.

In addition, the PPSC prosecuted terrorism-related offences under the Criminal Code this past fiscal year. During the fiscal year, one individual pled guilty to terrorism-related offences and another was found guilty, receiving sentences of four and a half years and eight years, respectively. Two additional individuals were found to be not guilty of terrorism-related charges. As of March 31, 2018, four individuals were awaiting trial or proceeding with pre-trial motions and warrants against another nine individuals remained outstanding.

Regarding prosecutions in the North, the PPSC handled 26 active homicide cases, 5 of which were concluded within the fiscal year. As of March 31, 2018, the remaining cases were before the courts at various stages of proceeding. It is important to note that the territories have among the highest rates of violent crime in the country, particularly as it relates to sexual abuse (including historical sexual abuse cases) and domestic violence. The high rate of violent crime involving offenders with significant rates of recidivism led to PPSC’s implementation of a high-risk offender flagging process in the North. In each regional office, paralegals assisted in coordinating the flagging of high-risk offenders in the territory. This enabled a more effective and organized preparation of prosecution files in order to conduct effective long-term offender and dangerous offender applications.

The PPSC also dealt with cases involving the legalization of cannabis and the implications this will involve over the coming years. There are many accused that are awaiting trial in relation to possession of cannabis charges and there is uncertainty in determining how these will be tried.

As in previous years, the PPSC worked closely with provincial and territorial prosecution authorities on issues and challenges of common interest. As part of this work, the Director of Public Prosecutions continued to co-chair the Federal-Provincial-Territorial Heads of Prosecutions Committee. The Committee held two meetings in 2017-18 as well as teleconferences throughout the year to deal with emerging issues.

Results achieved
Expected results Performance indicators Target Date to achieve target 2017–18
Actual results
2016–17
Actual results
2015–16 Actual results
Litigation files that are prosecuted are decided on merit. Percentage of all litigation files that are decided on merit by most serious outcome of: guilty plea, guilty plea (other/lesser offence), conviction, conviction (other/lesser offence), withdrawal/stay of proceedings (Crown), discharge, acquittal. N/A N/A
Decisions # of Accused per File % of Total Files
Guilty Plea 14,606 52.24%
Guilty Plea
(Other/Lesser Offence)
4 0.01%
Conviction 1,256 4.49%
Conviction
(Other/Lesser Offence)
1 0.00%
Withdrawal of Charge 7,371 26.36%
Stay of Proceedings
(Crown)
3,652 13.06%
Discharge
Table Note
491 1.76%
Acquittal 496 1.77%
Total 27,877 99.71%
Decisions # of Accused per File % of Total Files
Guilty Plea 14,524 57.39%
Guilty Plea
(Other/Lesser Offence)
821 3.24%
Conviction 967 3.82%
Conviction
(Other/Lesser Offence)
66 0.26%
Withdrawal of Charge 5,353 21.15%
Stay of Proceedings
(Crown)
2,781 10.99%
DischargeTable Note 303 1.20%
Acquittal 462 1.82%
Total 25,277 99.87%
Decisions # of Accused per File % of Total Files
Guilty Plea 15,534 57.90%
Guilty Plea
(Other/Lesser Offence)
945 3.52%
Conviction 866 3.23%
Conviction
(Other/Lesser Offence)
86 0.32%
Withdrawal of Charge 5,785 21.56%
Stay of Proceedings
(Crown)
2,790 10.40%
DischargeTable Note 330 1.23%
Acquittal 481 1.79%
Total 26,816 99.95%
Percentage of litigation files not decided on merit (i.e., judicial stays of proceedings). N/A N/A
Decisions # of Accused per File % of Total Files
Judicial Stay of Proceedings 82 0.29%
Total 82 0.29%
Decisions # of Accused per File % of Total Files
Judicial Stay of Proceedings 32 0.13%
Total 32 0.13%
Decisions # of Accused per File % of Total Files
Judicial Stay of Proceedings 14 0.05%
Total 14 0.05%

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.

Budgetary financial resources (dollars)
2017–18
Main Estimates
2017–18
Planned spending
2017–18
Total authorities available for use
2017–18
Actual spending
(authorities used)
2017–18
Difference
(Actual spending minus Planned spending)
133,791,283 141,463,420 141,506,682 135,756,162 (5,707,258)
Human resources (full-time equivalents)
2017–18
Planned full-time equivalents
2017–18
Actual full-time equivalents
2017–18
Difference
(Actual full-time equivalents minus Planned full-time equivalents)
700 686 (14)

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 well-being (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.

Results

In 2017-18, the PPSC handled 5,184 files involving regulatory and economic offences. Within this program, the PPSC handled cases dealing with offences under the Corruption of Foreign Public Officials Act, the Canadian Environmental Protection Act, the Canada Labour Code, the Income Tax Act, and the Immigration and Refugee Protection Act. Its work also involved cases related to various offences under the Railway Safety Act and Fisheries Act, and federal statutes aimed at protecting the health of Canadians and the natural environment.

With respect to offences under the Corruption of Foreign Officials Act, the prosecution of SNC-Lavalin Inc. in relation to the alleged payment of bribes to secure an advantage for the company on major construction projects in Libya was still ongoing as of March 31, 2018. A preliminary inquiry is scheduled to begin in the fall of 2018.

The PPSC also concluded 465 prosecutions for offences under statutes administered by the Canada Revenue Agency, most notably the Income Tax Act.

Lastly, 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. In February 2018, the PPSC exercised its option to extend the contract with the private collection agency, Partners in Credit (PIC), to collect these fines on behalf of the organization by another year, until February 2019. During 2017-18, PIC recovered $2.3 million in fines while $330,000 was collected through the CRA’s set-off program.

Results achieved
Expected results Performance indicators Target Date to achieve target 2017–18
Actual results
2016–17
Actual results
2015–16 Actual results
Litigation files that are prosecuted are decided on merit. Percentage of all litigation files that are decided on merit by most serious outcome of: guilty plea, guilty plea (other/lesser offence), conviction, conviction (other/lesser offence), withdrawal/stay of proceedings (Crown), discharge, acquittal. N/A N/A
Decisions # of Accused per File % of Total Files
Guilty Plea 1,639 68.01%
Guilty Plea
(Other/Lesser Offence)
0 0.00%
Conviction 216 8.96%
Conviction
(Other/Lesser Offence)
0 0.00%
Withdrawal of Charge 252 10.46%
Stay of Proceedings
(Crown)
193 8.01%
Discharge
Table Note
36 1.49%
Acquittal 67 2.78%
Total 2,403 99.71%
Decisions # of Accused per File % of Total Files
Guilty Plea 1,567 73.05%
Guilty Plea
(Other/Lesser Offence)
3 0.14%
Conviction 242 11.28%
Conviction
(Other/Lesser Offence)
1 0.05%
Withdrawal of Charge 126 5.87%
Stay of Proceedings
(Crown)
125 5.83%
DischargeTable Note 12 0.56%
Acquittal 65 3.03%
Total 2,141 99.81%
Decisions # of Accused per File % of Total Files
Guilty Plea 1,656 73.15%
Guilty Plea
(Other/Lesser Offence)
8 0.35%
Conviction 231 10.20%
Conviction
(Other/Lesser Offence)
0 0.00%
Withdrawal of Charge 176 7.78%
Stay of Proceedings
(Crown)
120 5.30%
DischargeTable Note 9 0.40%
Acquittal 63 2.78%
Total 2,263 99.96%
Percentage of litigation files not decided on merit (i.e., judicial stays of proceedings). N/A N/A
Decisions # of Accused per File % of Total Files
Judicial Stay of Proceedings 7 0.29%
Total 7 0.29%
Decisions # of Accused per File % of Total Files
Judicial Stay of Proceedings 4 0.19%
Total 4 0.19%
Decisions # of Accused per File % of Total Files
Judicial Stay of Proceedings 1 0.04%
Total 1 0.04%

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.

Budgetary financial resources (dollars)
2017–18
Main Estimates
2017–18
Planned spending
2017–18
Total authorities available for use
2017–18
Actual spending
(authorities used)
2017–18
Difference
(Actual spending minus Planned spending)
25,033,465 25,745,385 25,444,748 19,769,038 (5,976,347)
Human resources (full-time equivalents)
2017–18
Planned full-time equivalents
2017–18
Actual full-time equivalents
2017–18
Difference
(Actual full-time equivalents minus Planned full-time equivalents)
155 169 14

Office of the Commissioner of Canada Elections

Electoral 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.

Results

In 2017-18, the OCCE continued to deliver on its core mandate of ensuring compliance with, and enforcement of, the Canada Elections Act. Due to the nature of this work and its foundation in complaints received from Canadians, no formal targets can be established for the OCCE’s electoral compliance and enforcement program. The number of informal and formal compliance and enforcement measures can vary greatly based on the complexity of individual files. However, in a year-over-year comparison, using publicly available information, the results for 2017-18 indicate a higher number of compliance and enforcement actions than what was observed over the same period following the 41st general election.

The Canada Elections Act places strict limitations on the disclosure of the details of the OCCE’s investigative work. The outcome of the OCCE’s investigations are only made public when compliance agreements are published or charges are requested by the Director of Public Prosecutions.

Results achieved
Expected results Performance indicators Target Date to achieve target 2017–18
Actual results
2016–17
Actual results
2015–16
Actual results
Political entitiesEndnote v understand and comply with their obligations under the Canada Elections Act and instances of non-compliance are addressed. Number of compliance measures (i.e., caution letters and compliance agreements) and formal enforcement measures (i.e., charges) taken by the Commissioner of Canada Elections to address cases of non-compliance. N/A N/A Caution letters: 160

Compliance agreements: 5

ChargesTable Note *: 4
Caution letters: 175

Compliance agreements: 10

ChargesTable Note *: 3
Caution letters: 144

Compliance agreements: 17

ChargesTable Note *: 1
Budgetary financial resources (dollars)
2017–18
Main Estimates
2017–18
Planned spending
2017–18
Total authorities available for use
2017–18
Actual spending
(authorities used)
2017–18
Difference
(Actual spending minus Planned spending)
3,330,613 3,330,613 5,155,003 4,895,778 1,565,165
Human resources (full-time equivalents)
2017–18
Planned full-time equivalents
2017–18
Actual full-time equivalents
2017–18
Difference
(Actual full-time equivalents minus Planned full-time equivalents)
22 21 (1)

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 t 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.

Results

During 2017-18, several internal services divisions had significant milestones or launched major initiatives such as the creation of a corporate branding committee to increase public awareness of the organization and its role in the criminal justice system. In collaboration with an external consultant, the committee identified the PPSC’s public awareness levels and assembled a phased communication strategy that the organization will be implementing over the next two years.

The Human Resources Directorate continued to leverage the flexibilities available through the New Direction in Staffing by redefining its approach, with a focus on finding more effective and efficient ways to identify, attract, and appoint new talent. For example, the PPSC completed two large-scale collective staffing processes, resulting in qualified pools for Legal Assistant (CR-05) and Counsel (LP-01/LP-02) positions.

In 2017-18, the PPSC finalized the Departmental Results Framework, the Program Inventory, and the Performance Information Profiles pursuant to the new Treasury Board Secretariat Policy on Results. The PPSC also prepared the 2018 Survey of Investigative Agencies, which was launched in 2018-2019.

The Internal Audit Division published audit reports on the PPSC’s human resource management and its security governance. The division also conducted a follow-up review of management action plans addressing prior audit recommendations, resulting in the implementation of a number of action plans.

Additionally, the PPSC continued to work collaboratively with the Department of Justice, Shared Services Canada, and Public Services and Procurement Canada in developing its new legal case management system (LCMS). In particular, the LCMS project team has developed migration strategies to transfer file information from iCase, current legal case management system, to the new system. Work on this project is ongoing.

Lastly, the PPSC further consolidated its joint management/bargaining agent Mental Health and Wellness Steering Committee: approving its Terms of Reference and governance and meeting to establish its priorities. A mental health and wellness portal was created in order to provide all employees with resources on the topic. In addition, the organization hosted speakers from the Federal Speakers Bureau, held a variety of training sessions, and promoted special observances throughout the year. 

Budgetary financial resources (dollars)
2017–18
Main Estimates
2017–18
Planned spending
2017–18
Total authorities available for use
2017–18
Actual spending
(authorities used)
2017–18
Difference
(Actual spending minus Planned spending)
19,271,468 19,664,086 21,376,372 21,079,637 1,415,551
Human resources (full-time equivalents)
2017–18
Planned full-time equivalents
2017–18
Actual full-time equivalents
2017–18
Difference
(Actual full-time equivalents minus Planned full-time equivalents)
118 118 0

Analysis of trends in spending and human resources

Actual expenditures

Departmental Spending Trend Graph (Dollars)
  2015-16 2016-17 2017-18 2018-19 2019-20 2020-21
Sunset Programs - Anticipated 0 0 0 0 0 0
Statutory 19,082,269 19,413,938 18,957,488 19,290,970 18,620,287 18,757,287
Voted 153,042,317 158,170,859 162,543,127 169,299,698 157,969,168 158,076,504
  2015-16 2016-17 2017-18 2018-19 2019-20 2020-21
Sunset Programs - Anticipated 0 0 0 0 0 0
Statutory 19,082,269 19,413,938 18,957,488 19,290,970 18,620,287 18,757,287
Voted 153,042,317 158,170,859 162,543,127 169,299,698 157,969,168 158,076,504
Total 172,124,586 177,584,797 181,500,615 188,590,668 176,589,455 176,833,791
Budgetary performance summary for Programs and Internal Services (dollars)
Programs and Internal Services 2017–18
Main Estimates
2017–18
Planned spending
2018–19
Planned spending
2019–20
Planned spending
2017–18
Total authorities available for use
2017–18
Actual spending (authorities used)
2016–17
Actual spending (authorities used)
2015–16
Actual spending (authorities used)
Drug, National Security and Northern Prosecutions Program 133,791,283 141,463,420 141,117,611 133,820,567 141,506,682 135,756,162 134,974,965 130,007,960
Regulatory Offences and Economic Crime Prosecution Program 25,033,465 25,745,385 22,256,875 20,081,706 25,444,748 19,769,038 18,830,176 17,678,932 
Electoral Compliance and Enforcement 3,330,613 3,330,613 3,131,426 3,102,426 5,155,003 4,895,778 4,581,435 4,093,641
Subtotal 162,155,361 170,539,418 166,505,912 157,004,699 172,106,433 160,420,978 158,386,576 151,780,533
Internal Services 19,271,468 19,664,086  22,084,756 19,584,756 21,376,372 21,079,637 19,198,221 20,344,053
Total 181,426,829 190,203,504 188,590,668 176,589,455 193,482,805 181,500,615 177,584,797 172,124,586

* The PPSC has the authority to recover amounts from other departments and agencies for the provision of regulatory offences and economic crime prosecution services. The spending amounts presented in the table above are net of revenues.

The variances between the fiscal years are described below:

Actual human resources

Human resources summary for Programs and Internal Services (full-time equivalents)
Programs and Internal Services 2015–16
Actual full-time equivalents
2016–17
Actual full-time equivalents
2017–18
Planned full-time equivalents
2017–18
Actual full-time equivalents
2018–19
Planned full-time equivalents
2019–20
Planned full-time equivalents
Drug, National Security and Northern Prosecutions Program 687 667 700 686 719 719
Regulatory Offences and Economic Crime Prosecution Program 153 177 155 169 159 159
Compliance and Enforcement 20 20 22 21 22 22
Subtotal 860 864 877 876 900 900
Internal Services 112 116 118 118 126 126
Total 972 980 995 994 1026 1026

The planned increase in full-time equivalents for the Drug, National Security and Northern Prosecutions Program is due to new initiatives for which the planned spending began in 2016-17. FTEs are assigned to files in accordance with the types of cases referred to the PPSC for prosecution. The types of files being prosecuted may vary from one year to another as the PPSC does not control all of the levers of the criminal justice system. This creates uncertainty at the planning stage of the allocation of FTEs between programs.

Expenditures by vote

For information on the Public Prosecution Service of Canada’s organizational voted and statutory expenditures, consult the Public Accounts of Canada 2017–2018.Endnote vi

Government of Canada spending and activities

Information on the alignment of the PPSC’s spending with the Government of Canada’s spending and activities is available in the GC InfoBase.Endnote vii

Financial statements and financial statements highlights

Financial statements

The PPSC’s financial statements (unaudited) for the year ended March 31, 2018, are available on the departmental website.Endnote viii

Financial statements highlights

Condensed Statement of Operations (unaudited) for the year ended March 31, 2018 (dollars)
Financial information 2017–18
Planned
results
2017–18
Actual
results
2016–17
Actual
results
Difference
(2017–18 Actual results minus 2017–18 Planned results)
Difference
(2017–18 Actual results minus 2016–17 Actual results)
Total expenses 235,095,504 221,501,383 223,421,141 (13,594,121) (1,919,758)
Total revenues 22,742,000 19,476,565  19,905,543 (3,265,435) (428,978)
Net cost of operations before government funding and transfers 212,353,504 202,024,818 203,515,598 (10,328,686) (1,490,780)

* Note: Revenues do not include the revenue from the collection of fines, forfeitures and court costs as well as rent from residential housing which is non-respendable revenue (i.e., cannot be used to fund PPSC’s expenditures).

Expenses by type

The total expenses in 2017-18 ($221.5 million) have decreased by $1.9 million (or 0.01%) compared with the expenses in 2016-17 ($223.4 million). The decrease is mainly due to contingent liabilities and court ordered cost as offset by an increase in salary due to the renegotiation of collective agreements.

During 2017-18, the PPSC had the following major categories of expenses:

Revenue by type

The total respendable revenues earned in 2017-18 ($19.5 million) decreased by $0.4 million (or 2%) compared with the revenues in 2016-17 ($19.9 million). During 2017-18, the PPSC had the following revenue categories:

Respendable Revenue
Non-Respendable Revenue
Condensed Statement of Financial Position (unaudited) as of March 31, 2018 (dollars)
Financial information 2017–18 2016–17 Difference
(2017–18 minus
2016–17)
Total net liabilities 41,420,594 45,439,702 (4,019,108)
Total net financial assets 27,864,073 30,003,953 (2,139,880)
Departmental net debt 13,556,521 15,435,749 (1,879,228)
Total non-financial assets 4,252,165 7,263,294 (3,011,129)
Departmental net financial position (9,304,356) (8,172,455) (1,131,901)
Assets by type

The ODPP’s assets include amounts due from the consolidated revenue fund (CRF), accounts receivable and advances, and tangible capital assets:

Net Financial Assets
Non-Financial Assets
Liabilities by type

Liabilities include accounts payable and accrued liabilities, vacation pay and compensatory leave, and employee future benefits:

Supplementary information

Corporate information

Organizational profile

Appropriate minister: The Honourable Jody Wilson-Raybould

Institutional head: Kathleen Roussel, Director of Public Prosecutions

Ministerial portfolio: Justice

Enabling instruments: Director of Public Prosecutions Act,Endnote ixCanada Elections Act Endnote x

Year of incorporation / commencement: 2006

Reporting framework

The PPSC’s Strategic Outcomes and Program Alignment Architecture of record for 2017–18 are shown below.

1. Strategic Outcome:
Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner.
1.1 Program:
Drug, National Security and Northern Prosecution Program
1.2 Program:
Regulatory Offences and Economic Crime Prosecution Program

2. Strategic Outcome:

Compliance and enforcement activities under the Canada Elections Act and Referendum Act are conducted by the Commissioner of Canada Elections in an independent, impartial and fair manner
2.1 Program:
Compliance and Enforcement


Internal Services

Supplementary information tables

The following supplementary information tables are available on the PPSC’s website:Endnote xi

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 xii 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, 12th 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: 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.
Departmental Plan (plan ministériel)
A report on the plans and expected performance of an appropriated department over a three-year period. Departmental Plans are tabled in Parliament each spring.
Departmental Results Report (rapport sur les résultats ministériels)
A report on an appropriated department’s actual accomplishments against the plans, priorities and expected results set out in the corresponding Departmental Plan.
evaluation (évaluation)
In the Government of Canada, the systematic and neutral collection and analysis of evidence to judge merit, worth or value. Evaluation informs decision making, improvements, innovation and accountability. Evaluations typically focus on programs, policies and priorities and examine questions related to relevance, effectiveness and efficiency. Depending on user needs, however, evaluations can also examine other units, themes and issues, including alternatives to existing interventions. Evaluations generally employ social science research methods.
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 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. 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. Examples of GBA+ processes include using data disaggregated by sex, gender and other intersecting identity factors in performance analysis, and identifying any impacts of the program on diverse groups of people, with a view to adjusting these initiatives to make them more inclusive.
government-wide priorities (priorités pangouvernementales)
For the purpose of the 2017–18 Departmental Results Report, 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 where two or more departments are given funding to pursue a shared outcome, often linked to a government priority.
Management, Resources and Results Structure (structure de 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.
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.
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.
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 Strategic Outcome(s) or Departmental Results.
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.
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.
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