Departmental Results Report 2017-18

ISSN 2560-9343

Table of contents

• Message from the Director of Public Prosecutions
• Results at a glance
• Raison d’être, mandate and role: who we are and what we do
  • Raison d’être
  • Mandate and role
• Operating context and key risks
  • Operating context
  • Key risks
• Results: what we achieved
  • Drug, National Security and Northern Prosecutions Program
    • Description
    • Results
  • Regulatory Offences and Economic Crime Prosecution Program
    • Description
    • Results
  • Electoral Compliance and Enforcement
    • Description
    • Results
  • Internal Services
    • Description
    • Results
• Analysis of trends in spending and human resources
  • Actual expenditures
  • Actual human resources
  • Expenditures by vote
  • Government of Canada spending and activities
  • Financial statements and financial statements highlights
    • Financial statements
    • Financial statements highlights
• Supplementary information
  • Corporate information
    • Organizational profile
    • Reporting framework
  • Supplementary information tables
  • Federal tax expenditures
  • Organizational contact information
• Appendix: definitions
• Endnotes

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

• The PPSC worked on 65,898 prosecution files in 2017-18, including files dealing with offences under the Controlled Drugs and Substances Act, the Criminal Code, and a wide range of regulatory offences.
• In addition, the PPSC continued to provide legal advice to law enforcement agencies and investigative bodies on general matters relating to prosecutions and on particular investigations that may lead to prosecutions.
• In response to the new approach for determining whether a prosecution is completed within a reasonable time outlined by the Supreme Court of Canada in R. v. Jordan, the PPSC formalized its measures by adding a chapter to its Deskbook outlining the steps to be taken to ensure timely prosecutions.

Office of the Commissioner of Canada Elections

• Between April 1, 2017 and March 31, 2018, the OCCE received 1,050^{Results Highlights Note *} new complaints and referrals and closed 776 files relating to the alleged offences under the Canada Elections Act.
• The OCCE laid charges against four individuals in three different cases and entered into five compliance agreements in the 2017-18 fiscal year.
• The OCCE also isued 160 caution and information letters.

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:

• 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 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

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

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:

• 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.

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.

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 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.

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

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.

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. 

Analysis of trends in spending and human resources

Actual expenditures

* 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:

• 2017-18 actual spending ($181.5 million) against 2017-18 planned spending ($190.2 million): the unused authorities of $8.7 million are mainly from unspent funding for the outsourcing of the collection of federal fines.
• 2017-18 authorities available ($193.5 million) against 2017-18 authorities used ($181.5 million): the unused authorities of $12 million are from an operating surplus of $3.4 million and funds ineligible to spend (frozen allotments) of $8.6 million.
• 2017-18 actual spending ($181.5 million) against 2016-17 actual spending ($177.6 million): the increase in expenditures of $3.9 million is mainly due to salary increases following the renegotiation of collective agreements, an increase in leasehold improvements, lower revenues compared to last year, offset by a decrease in court ordered costs.

Actual human resources

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

* 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:

• Salary expenses: $135.0 million (or 61% of expenses);
• Professional services – counsel fees: $44.6 million (or 20% of expenses);
• Accommodation: $14.4 million (or 7% of expenses); and
• Other operating expenses: $27.5 million (or 12% 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

• Revenue earned from the provision of advisory and prosecution services to Other Government Departments and Agencies (OGDs): $19.5 million (or 94% of revenue);

Non-Respendable Revenue

• Collection of fines, forfeitures and court costs: $0.7 million (or 3% of revenue);
• Rent from residential housing provided to employees: $0.6 million (or 3% of revenue).

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

• Amounts due from the CRF is the aggregate of all public money on deposit to the credit of the Receiver General for Canada, who is responsible for safeguarding the integrity of the CRF and issuing all payments out of the CRF for departments and agencies. The amount due from the CRF is the net amount between accounts payables remaining at the end of the year and accounts receivable from OGDs, and it represents $18.8 million (or 59% of assets).
• The accounts receivable amount of $9.1 million (or 28% of assets) largely represents expenses to be recovered from OGDs for the provision of advisory and prosecution services and salary overpayments to be recovered.

Non-Financial Assets

• Tangible capital assets total $4.3 million (or 13% of assets) and largely fall in the categories of leasehold improvements as well as machinery and equipment.

Liabilities by type

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

• Accounts payable and accrued liabilities represent accounts payable at year end in the amount of $29.5 million (or 71% of liabilities).
• Employee future benefits represent the accumulated obligations of the PPSC at the end of the year and amount to $6 million (or 15% of liabilities).
• Vacation pay and compensatory leave represent employees’ accumulated vacation and compensatory leave and total $5.9 million (or 14% of liabilities).

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 ix}Canada 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.

Internal Services

Supplementary information tables

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

• Departmental Sustainable Development Strategy
• Fees
• Internal audits

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, 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: 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.