Federal Prosecutor Competency Standard

Preamble

The Federal Prosecutor Competency Standard has been developed to apply across the Public Prosecution Service of Canada (PPSC) for all prosecutors – from the articling student level to senior general counsel level.

Competencies consist of observable and/or measurable qualities, skills, knowledge, and attributes that contribute to successful job performance and embody the ability to transfer and apply skills, knowledge and attributes to new situations and environments.

Competencies are not pure or pristine and often have some overlapping elements. This is the nature of human behaviour, and competencies reflect this complexity. The same behaviour may often reflect more than one competency.

A competent federal prosecutor means a lawyer who has and applies the relevant knowledge, skills, attributes, and values to each matter which is undertaken on behalf of the Director of Public Prosecutions. This includes applying PPSC’s Mission, Values, Code of Conduct, Service Standards and PPSC Deskbook.

The competencies established for the PPSC are in addition to the standards established by the law societies. Prosecutors must comply with the competency standards required by their respective law society to maintain their professional designation. The competencies, herein, will be used for counsel who work within the PPSC, in the context of learning and development, performance management, and staffing.

The 9 Core Competencies

The Federal Prosecutor Competency Standard consists of 9 core competencies:

  1. Specialized Legal Skills and Knowledge
  2. Professionalism
  3. Judgement
  4. Practice Management
  5. Communication
  6. Working Effectively with Others
  7. Resiliency and Courage
  8. Equity and Inclusivity
  9. Respectful Engagement with Indigenous Peoples: a working title

Foundations of this Standard

The Federal Prosecutor Competency Standard is built on and incorporates three overarching concepts:

1 – Truth and Reconciliation

This Standard aims to advance the PPSC’s commitment to the Calls to Action of the Truth and Reconciliation Commission. The commitment to Truth and Reconciliation permeates all of the core competencies described below. Such a commitment includes acknowledgement of and respect for Indigenous legal orders, Indigenous laws, and Indigenous values. All prosecutors that undertake work on behalf of the Director of Public Prosecutions must acknowledge the historical and ongoing failure of our criminal legal system to protect the lives, values, and culture of the Indigenous Peoples of Canada. All prosecutors must seek to reconcile the differing values of the Canadian criminal legal system with those of the Indigenous Peoples of Canada.

The PPSC’s commitment to Truth and Reconciliation also requires all prosecutors to aim to build just relationships with the Indigenous Peoples of Canada that addresses both the over-representation of Indigenous Peoples within the criminal legal system and the high rates of violence against Indigenous Peoples, particularly Indigenous women and girls.

Finally, the PPSC’s commitment to Truth and Reconciliation informs the equitable application of this Standard to Indigenous prosecutors. This application requires recognizing the impact of colonialism and racism on Indigenous peoples and incorporating Indigenous perspectives and knowledge.

2 – Equity and Inclusivity

Equity is an overarching principle in this Standard. The Standard is designed and is intended to be flexibly applied to be inclusive of all counsel, recognizing their diverse backgrounds and identity factors.

3 – Leadership

Leadership is an overarching competency for PPSC counsel and threads through each of the 8 core competencies. Dimensions of Character Leadership are integrated into each competency in this Standard. Counsel are expected to aspire to demonstrate courage, drive, accountability, transcendence, humanity, humility, collaboration, temperance, integrity, justice, and judgment at all LP levels and in all facets of the role. Leadership is forward-looking, focused on the interests of the team rather than self-promotion.

Similarly, the Government of Canada’s Key Leadership Competencies are integrated throughout the Team Leader, General Counsel, and Senior General Counsel profiles.

How to read this competency profile

Title
Competency
Definition
Adds clarity to help define the competency.
Key Expected Behaviours
Fundamental behavioural indicators applicable to all groups, regardless of level.
Progression of Expected Behaviours
Illustrates how the demonstration of some of the behavioural indicators may evolve in depth and complexity at different levels.

Note

The indicators are guiding examples, not an exhaustive list or a list of required duties.

1. Specialized Legal Skills and Knowledge

Definition

Building legal acumen by developing legal skills and knowledge.

Key Expected Behaviours for all LPs

Legal Skills
  • Provide legal advice and opinions, ensuring that advice considers and addresses one’s personal assumptions, systemic biases and promotes equity.
  • Build and maintain advocacy skills, which include: conducting legal research, making well-informed and objective legal opinions/decisions, the ability to prepare, present, and test evidence, and the ability to form a legal analysis/argument.
  • Interpret legal risks and issues.
  • Build support and persuade.
  • Be open-minded to opposing perspectives and challenge one’s own position in light of opposing views.
  • Promote and support developing community-based alternatives to prosecution for Indigenous offenders, including Indigenous-led justice, restorative justice, and other alternative processes outside of the criminal legal system.
Knowledge
  • Stay up to date on relevant legal developments.
  • Maintain knowledge in a number of areas of law and application of principles of law, and ensure that this knowledge includes an understanding of: systemic biases and their impact on legal practice and one’s personal assumptions (systemic bias cannot be undone without first addressing our personal assumptions).
  • Maintain knowledge of the Values and Ethics Code for the Public Service and of the theories, principles, practices, and priorities associated with the operations of the Government of Canada and federal, provincial, and territorial laws, jurisdictions, powers, and how they all interact and their impact on the PPSC’s mandate and operations.
  • Demonstrate knowledge of reconciliation, including the Truth and Reconciliation Commission’s Calls to Action and the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, and how to apply these principles to the PPSC’s mandate and operations including:
    • Consideration of:
      • The demographic of accused persons in the jurisdiction, and cultural distinctions relating to the various groups represented in court.
      • The economic and social factors underlying accused persons in the jurisdiction.
      • The community-based sentencing options for Indigenous offenders.
    • Learning about engaging with Indigenous legal principles as legitimate sources of law, which exist separately from the Canadian legal system (TRC Call to Action 42), e.g. ilru.ca/videos. And remaining mindful of exploring opportunities to incorporate them into one’s own prosecutorial practice in an appropriate and culturally sensitive way.

Progression of Certain Key Expected Behaviours

LP-00 Articling Student
  • Researches matters related to the law, identifies, interprets, and applies results of the research and prepares documents and opinions on legal points under the supervision of a prosecutor.
  • Gains skills to persuade by appealing to reason through facts and data.
  • Proposes or accepts sensible alternatives to reach agreement.
  • Gains knowledge to be able to understand theories, principles, and methods of Canadian law, the Charter, criminal evidence and procedure, criminal and regulatory law, and well-established legal rulings and decisions in criminal matters.
LP-01 Counsel (Developmental)
  • Provides basic legal advice and opinions on well-established issues of law.
  • Demonstrates basic advocacy skills, for example, can determine the scope and extent of legal research and fact-finding required for the development of an argument.
  • Develops an understanding of legal risk analysis.
  • Appeals to the reasoning of others using facts, data, concrete examples, etc.
  • Participates in exchange of ideas and proposes ideas or positions, even if they differ from others; searches for common ground.
  • Demonstrates basic legal knowledge of a number of areas of law and applications of law.
  • Applies well-established principles of law on assigned files and projects that sometimes have some complexity.
LP-02 Counsel
  • Provides sound legal advice, opinions, and guidance on specific issues where precedents range from relatively clear to vague.
  • Demonstrates sound advocacy skills.
  • Demonstrates sound capacity to assess legal risk.
  • Appeals to the reasoning of others by tailoring proposals or arguments to resonate with their interests and/or emotions.
  • Prepares for negotiations, identifies achievable objectives and finds solutions or acceptable compromises.
  • Demonstrates sound knowledge of assigned areas of work, application of the law, and of partners and broader government environments.
  • Applies pertinent laws to assigned files or projects.
  • Conducts an increasing number and complexity of assigned files/projects as experience increases.
LP-03 Senior Counsel / Team Leader
  • Provides in-depth legal advice and opinions on a multitude of complex file or project-specific issues and subjects.
  • Demonstrates in-depth advocacy skills using expertise and strategy.
  • Demonstrates in-depth capacity to assess legal risk.
  • Encourages innovative and creative thinking in others and self to develop legal options/positions.
  • Uses understanding of competing interests and has a constructive negotiation style to manoeuvre win/win outcomes.
  • Demonstrates in-depth legal knowledge of a number of areas of law, strong understanding of legal practices, processes and application, and of partners and broader government environments.
  • Applies knowledge and strategy to ill-defined and complex files or projects amid a general legal framework.
  • Demonstrates skills and knowledge to conduct complex/large-scale files.

In addition, a Team Leader:

  • Stays up to date on the delegation of authorities instruments.
LP-04 General Counsel
  • Provides comprehensive legal advice and opinions on a multitude of complex issues, policy decisions, subject files and projects including recent trends and developments in criminal law regionally and nationally.
  • Demonstrates comprehensive advocacy skills while being strategic when determining the appropriate course of action.
  • Is highly persuasive in situations of strong opposition or potential conflict.
  • Demonstrates comprehensive knowledge of broad fields of law or practices, partners and government and its interests; recognized as an expert and authority.
  • Adapts existing frameworks and works within broad guidelines for high-risk and high-impact multidimensional files or projects.
  • Demonstrates skills and knowledge to conduct interprovincial or binational files.
LP-05 Senior General Counsel
  • Provides expert leadership advice and analysis, direction and guidance on difficult or complex topics where precedent may be non-existent, sparse, or conflicting.
  • Demonstrates expert advocacy skills and legal risk analysis, anticipates evolving areas of the law, and provides strategic and comprehensive opinions or decisions.
  • Is an expert in persuading or negotiating with others in situations of impasse or major conflict.
  • Demonstrates expert knowledge in: broad fields or areas of law or practice; the fundamental role of law in government and society; Canadian national/international affairs and how they influence development of legislation; recognized as a pre-eminent authority.
  • Applies knowledge of cross-cutting, precedent-setting files or projects that impact the interpretation of complex legal issues.
  • Demonstrates skills and knowledge to conduct multinational files and apply Canadian criminal/regulatory law in an international context.

2. Professionalism

Definition

The ability to behave in a manner that represents the legal profession by adhering to the rules, codes and values of the Law Society, the PPSC, and the Public Service as well as modelling service that is equitable and inclusive.

Key Expected Behaviours for all LPs

Professional Conduct
  • Understand one’s role as a counsel at the PPSC and how the work relates to the PPSC’s mission, values, strategic priorities, and policies and those of PPSC’s partners.
  • Maintain professional conduct at all times as defined by the PPSC Deskbook, Code of Conduct and Values and in accordance with the law and professional ethics standards.
  • Recognize and address ethical problems and conflicts, including those arising from one’s personal assumptions and from systemic biases and inequities.
  • Maintain the honour and dignity of the profession.
  • Demonstrate self-confidence, including in challenging circumstances, and without pomposity or arrogance.
  • Present self with decorum to partners and in the public as a representative of the PPSC.
Integrity and Respect
  • Act with transparency, honesty, authenticity and strong moral principles.
  • Being principled at all times even when no one is watching.
  • Act with humility and patience.
  • Respect confidentiality of information and concerns shared by others.
  • Develop trust, respect, and credibility with colleagues, investigative agencies, and other partners.
  • Conduct work fairly without intimidation, hindrance, harassment, improper interference, or unjustified exposure to civil, penal, or other liability.
  • Treat all accused persons with dignity and respect.
Service Orientation
  • Provide high-quality client service in a timely and cost-effective manner.
  • Demonstrate the highest standard of care while upholding public service values and the public trust.
  • Develop collaborative working relationships with investigative agencies/partners.
  • Help facilitate the work of the Court and the judicial system.
  • Engage in and/or develop community-based restorative justice options, particularly for Indigenous offenders.
Self-Assessment
  • Complete required training for the job, including training to generate and enhance knowledge of Indigenous Peoples of Canada and the impact of colonialism.
  • Assess one’s performance.
  • Recognize one’s strengths and weaknesses.
  • Identify training opportunities that would enhance one’s knowledge and skills.
  • Have a growth mindset.
  • Receive feedback with openness.

Progression of Certain Key Expected Behaviours

LP-00 Articling Student
  • Consistently completes work within prescribed timeframes with supervision.
  • Understands own work objectives and focuses on achieving them.
  • Appropriately manages the quality of own work.
  • Recognizes the limitations of one's abilities to handle a matter and seeks assistance where appropriate.
  • Corrects errors promptly.
LP-01 Counsel (Developmental)
  • Consistently completes work within prescribed timeframes with supervision.
  • Understands own work objectives and focuses on achieving them.
  • Appropriately manages the quality of own work.
  • Recognizes the limitations of one's abilities to handle a matter and seeks assistance where appropriate.
  • Corrects errors promptly.
LP-02 Counsel
  • Consistently completes work within prescribed timeframes with minimum supervision.
  • Aware of and raises current issues, problems, and opportunities.
  • Understands and responds promptly to the unique needs of investigative agencies/partners.
LP-03 Senior Counsel / Team Leader
  • Encourages the development of self-confidence in others and the ability to endure adversity.
  • Identifies and offers suggestions to address current issues, problems, or opportunities.
  • Takes appropriate corrective action when necessary to ensure operational objectives are met and quality is maintained.
  • Balances prosecutorial independence with the long-term objectives of the PPSC's partners while offering customized approaches and services.
  • Develops and maintains strategic working relationships with partners based on in-depth knowledge and understanding of the partner's needs.
  • Inspires others and embodies the PPSC values.
  • Is a leader in implementing and recommending policy changes.

In addition, a Team Leader:

  • Identifies, promotes and implements strategies to achieve operational efficiencies and value for money.
  • Promotes and supports developing community-based restorative justice options for Indigenous offenders.
LP-04 General Counsel
  • Models self-confidence, perseverance, and discretion for others to learn and grow.
  • Anticipates future issues, problems, and opportunities to advance PPSC services.
  • Looks for ways to improve organizational performance and service within the PPSC.
  • Develops and maintains strategic working relationships with partners based on in-depth knowledge and understanding of the partner's needs.
LP-05 Senior General Counsel
  • Models self-confidence, perseverance, and discretion for others to learn and grow.
  • Anticipates future issues, problems, and opportunities to advance PPSC services.
  • Looks for ways to improve organizational performance and service within the PPSC.
  • Develops and maintains strategic working relationships with partners based on in-depth knowledge and understanding of the partner's needs.

3. Judgment

Definition

The ability to form valuable opinions and make sound decisions based on identifying and critically analyzing relevant information.

Key Expected Behaviours for all LPs

Exercise Prosecutorial Discretion
  • Carry out duties with delegated independence, impartiality, fairness and freedom from interference as a representative of the Director of Public Prosecutions.
  • Make decisions in line with work objectives, policies, procedures, and legislation.
  • Consider impact of decisions within the PPSC and externally, particularly on overrepresented or marginalized groups.
  • Accept that one’s decision may be questioned by a colleague, a more senior lawyer or a litigation committee.
  • Advocate the PPSC’s position, even when it diverges from one’s personal view.
  • Consider the broader context when reaching decisions, particularly when decisions impact Indigenous, Black and Racialized offenders and members of their communities, including victims.
Think Critically
  • Distinguish between primary and secondary issues, and cause and effect relationships.
  • Recognize issues from other points of view.
  • Analyze, interpret, and apply the appropriate facts and elements of the law, including the decision to prosecute test (i.e., reasonable prospect of conviction and public interest) and considering the potential for systemic biases and one’s personal assumptions.
  • Assess strengths and weaknesses.
  • Evaluate information from diverse sources for reliability, while checking one’s unconscious bias(es).
  • Identify key issues, considerations, risks, and vulnerabilities, and ensure they are in line with work objectives, policies, procedures, and legislation.
  • Test and question own assumptions and ideas.
Take Initiative
  • Act on own initiative.
  • Be accountable: take responsibility for one’s actions.
  • Embrace change.
  • Proactively seek advice.
  • Proactively seek and adopt new and more efficient ways of working.

Progression of Certain Key Expected Behaviours

LP-00 Articling Student
  • Deals with low complexity situations quickly through reasoning, discussion, and action.
  • Recognizes ways to interpret, assess and synthesize legal issues and options, to apply applicable law, and to develop a legal position.
  • Assists the supervising prosecutor in determining the appropriate legal position.
  • Develops creative thinking in legal situations.
  • Seeks additional tasks when own work is completed.
LP-01 Counsel (Developmental)
  • Translates direction into concrete work activities.
  • Identifies early warning signs of problems and alerts others, as needed.
  • Seeks, when necessary, for solutions beyond the conventional ones.
  • Makes timely and appropriate decisions, keeping in mind the potential for significant ramifications.
  • Independently identifies and comprehends basic strategic situations and issues.
  • Applies explicit guidelines and procedures in making decisions.
  • Analyzes and synthesizes a broad range of information and various legal issues and distinguishes between critical and irrelevant information.
  • Analyzes, interprets, and applies the appropriate elements of the law.
  • Recognizes the risks and impact of actions and of an established legal position.
LP-02 Counsel
  • Identifies and promptly acts on issues and problems in own area of responsibility.
  • Makes timely decisions through sound reasoning (on the spot), keeping in mind the potential for significant ramifications.
  • Proactively identifies problems and offers strategic solutions.
  • Makes connections that are not immediately obvious.
  • Applies guidelines and procedures in situations that require interpretation and discretion.
  • Analyzes complex issues and risks and draws logical conclusions by breaking issues into constituent parts to establish priorities and a plan of action.
  • Identifies rational, realistic, and sound legal positions by considering all the facts and alternative options available.
LP-03 Senior Counsel / Team Leader
  • Anticipates and takes action to create an opportunity or avoid future crisis.
  • Makes timely decisions by anticipating and analyzing situations without all the facts and information, including for complex, ill-defined problems, keeping in mind the potential for significant ramifications.
  • Applies guidelines and procedures in situations that require considerable discretion and interpretation.
  • Thinks several steps ahead to anticipate risks and impacts and to decide on the best course of action.
  • Encourages innovative, strategic, and creative thinking in others and self to develop legal options and positions.

In addition, a Team Leader:

  • Tracks changing team priorities/needs, analyzes impact on staff, and redesigns/adapts staff work activities as needed.
LP-04 General Counsel
  • Anticipates long-term future opportunities and positions the organization to take advantage of them.
  • Makes timely complex decisions for which there is great ambiguity, keeping in mind the potential for significant ramifications.
  • Balances multiple and competing priorities and perspectives in reaching decisions.
  • Identifies and assesses various contexts, trends, and connections to form a comprehensive, long-range perspective and/or opportunities to advance PPSC goals.
  • Anticipates and thoroughly evaluates the risks and consequences of different courses of action.
LP-05 Senior General Counsel
  • Manages/directs, develops and implements organizational strategies, directions, priorities, structures and processes to meet strategic directions/objectives.
  • Makes timely high risk, strategic decisions where there is the potential for significant consequences.
  • Evaluates and makes decisions in ill-defined and novel situations with a broad range of complex strategic information and connections that are not obvious.
  • Anticipates and analyzes emerging risks, trends, patterns, issues and demands, and makes decisions with long-term strategic consequences.
  • Thinks beyond the organization and into the future when setting direction or defining legal position (e.g., social, economic, interests of partners and the public, and national and international implications).

4. Practice Management

Definition

The ability to plan, organize, and conduct work effectively and efficiently while following all rules and regulations.

Key Expected Behaviours for all LPs

Planning and Organizing
  • Adopt and maintain an organized and effective approach to prioritizing, planning, managing, and tracking work, projects, and files.
  • Keep files up to date.
  • Revise goals and plans to reflect changing priorities or conditions.
  • Triage work based on urgency and importance.
  • Adhere to the policies and guidelines for the exercise of prosecutorial authority set out in the PPSC Deskbook, as well as best practices and standards issued by the Director or Deputy Director of Public Prosecutions.
  • Abide by the national timekeeping protocol.
  • Observe timelines and court dates set by the judicial system.

Progression of Certain Key Expected Behaviours

LP-00 Articling Student
  • Gains knowledge and skills to adopt an organized approach to work, including prioritizing work, setting plans and managing own time effectively.
  • Sets realistic goals and objectives for own work.
  • Thinks ahead and identifies potential problems.
LP-01 Counsel (Developmental)
  • Prioritizes work and manages own time effectively; seeks clarity on priorities as needed.
  • Seeks out opportunities to develop time management skills.
  • Balances the routine and more complex aspects of the job.
  • Sets realistic goals and objectives for own work and gives early warning if there are any difficulties in achieving results/deadlines.
  • Thinks ahead, identifies potential problems, and tries to go beyond what is expected.
LP-02 Counsel
  • Prioritizes work and manages own time effectively, taking into consideration impact on others.
  • Seeks out opportunities to develop teamwork skills.
  • Thinks ahead, identifies problems, and takes appropriate measures to effectively carry out work.
  • Uses available resources effectively, drawing on colleagues to achieve results.
  • Sets and adjusts timelines, steps required in files and resources to achieve objectives.
LP-03 Senior Counsel / Team Leader
  • Prioritizes work and manages own time effectively, taking into consideration impact on others and the PPSC's business goals and objectives.
  • Seeks out opportunities to develop project management skills.
  • Proactively achieves cooperation and collaboration from others to reach organizational objectives.
  • Demonstrates, through team or by own leadership, ways to improve practices and standards while working within the legal and organizational framework.


In addition, a Team Leader:

  • Demonstrates management skills, including priority setting, assigning duties, performance evaluation, time management, risk management, change management, and promotion and support of learning and development.
LP-04 General Counsel
  • Plans over the longer term, taking into account the needs of others and the PPSC's business goals and objectives.
  • Ensures that systems are in place, so that information is available to monitor and evaluate and prioritize resources (financial, non-financial, historical, and prospective information).
  • Demonstrates, through teams or by own leadership, innovative ways to improve practices and standards while meeting legal and organizational obligations.
LP-05 Senior General Counsel
  • Secures and allocates program or project resources in line with strategic direction.
  • Anticipates emerging issues / changing contexts and quickly develops strategies that provide direction for the organization, a project, or a file.
  • Monitors the work environment to identify and implement ways to optimize the contributions of multiple stakeholders.
  • Demonstrates, through teams or by own leadership, innovative ways to improve practices and standards at a national level.

5. Communication

Definition

The ability to communicate in a constructive manner through live interactions and written expression.

Key Expected Behaviours for all LPs

Manner and Style
  • Present information calmly and tactfully in a courteous, confident, and respectful manner.
  • Use correct grammar, vocabulary, spelling, and punctuation, as well as comply with communication practice standards for legal documentation, using precedents appropriately.
  • Communicate in a succinct, accurate and organized manner.
  • Actively listen to understand the essentials of a message and ask appropriate questions.
  • Educate yourself and understand diverse communication styles, including differences in verbal and non-verbal cues.
  • Speak plainly in court so the accused and witnesses understand the proceedings.
  • Be sensitive to different cultural learning and communication styles when interacting with colleagues, offenders and victims.
  • Practice informal conflict management techniques.
  • Adapt the content and style of communication by taking into account the intended audience and the nature of the information, including:
    • Using neutral, inclusive, and plain language.
    • Being persuasive, while ensuring arguments are rooted in empathy and come from and properly consider diverse perspectives.
    • Empathizing and carefully communicating messages that may not be well received.
    • Responding appropriately to issues addressed by the media, public or their representatives.
    • Ensuring communication styles/needs of diverse cultures and groups are considered and respected.

Maintain effective communication, whether oral or written, when in disagreement with management, partners, or others in power. Engage in a respectful manner, by stating own view clearly and confidently even in a conflict.Footnote 1

Progression of Certain Key Expected Behaviours

LP-00 Articling Student
  • Communicates opinions, options, information, and facts in a logical, clear, culturally appropriate and concise manner.
  • Prepares, in advance, to respond appropriately to a variety of questions and comments on the spot.
  • Demonstrates effective presentation skills to large or small audiences.
LP-01 Counsel (Developmental)
  • Communicates opinions, options, information, and facts in a logical, clear, culturally appropriate and concise manner.
  • Prepares, in advance, to respond appropriately to a variety of questions and comments on the spot.
  • Demonstrates effective presentation skills to large or small audiences.
LP-02 Counsel
  • Communicates opinions, options, information, and facts in a logical, clear, culturally appropriate and concise manner.
  • Prepares, in advance, to respond appropriately to a variety of questions and comments on the spot.
  • Demonstrates effective presentation skills to large or small audiences.
  • Communicates and interprets complex and possibly contradictory or competing messages.
  • Elicits comments or feedback.
LP-03 Senior Counsel / Team Leader
  • Communicates complex and highly specialized issues in a logical, clear, culturally appropriate and comprehensive manner to influence other’s opinion or behaviours.
  • Prepares a communication approach before an interaction on complex and controversial issues to minimize confrontations and misunderstandings.
  • Understands sensitivities and diplomatically communicates messages that are complex and controversial.
  • Recognizes that others may not be able to express themselves clearly and/or that they may have misunderstood the message; provides opportunity for clarification.
  • Modifies communication strategies and approaches when change occurs.
  • Communicates effectively at various organizational levels.

In addition, a Team Leader:

  • Represents the PPSC in a professional and respectful manner when communicating with union representatives.
LP-04 General Counsel
  • Communicates highly complex and high-profile issues in a logical, clear, culturally appropriate and comprehensive manner to influence strategic decision-making and to secure support for ideas or initiatives.
  • Diplomatically communicates messages that are highly complex and controversial and that have significant implication, including to the media, the public, or their representatives.
LP-05 Senior General Counsel
  • Communicates highly complex and high-profile issues in a logical, clear, culturally appropriate and comprehensive manner to influence strategic decision-making and to secure support for ideas or initiatives.
  • Diplomatically communicates messages that are highly complex and controversial and that have significant implication, including to the media, the public, or their representatives.
  • Communicates strategically from a broad, national, cross-cutting perspective to achieve results.

6. Working Effectively with Others

Definition

The ability to effectively build relationships across diverse backgrounds and collaborate with others.

Key Expected Behaviours for all LPs

Teamwork
  • Collaborate by participating and contributing in a positive and constructive manner.
  • Encourage and motivate all team members to contribute, ensuring that contributions from equity groups are actively sought and valued.
  • Learn from others, specifically individuals and communities belonging to equity groups, on issues that impact the public and work within the PPSC.
  • Recognize and acknowledge the contributions, efforts, and performance of others.
  • Be mindful of your role in a team, for example, reporting back to the team leader or lead counsel on a file or keeping the team informed of any changes.
Foster Working Relationships
  • Exemplify honesty, integrity, transparency, trust, and respect for others, including by understanding, considering, and valuing individual differences and ensuring people with diverse intersecting identities are included and heard.
  • Demonstrate humanity, empathy and curiosity.
  • Demonstrate to investigative agencies, colleagues, partners and community that their perspectives are valued.
  • Recognize the potential for conflict, as well as actual conflict, and work to resolve it while respecting others’ points of view, seeking coaching as needed, and being aware of how biases may impact the conflict.
Coach and/or Mentor
  • Provide advice and guidance, share knowledge.
  • Foster good morale to motivate others.
  • Be approachable and accessible, particularly to those who may feel marginalized or unsupported.
  • Share new approaches to prosecutorial work that promote cultural sensitivity.
  • Definitions: coach and mentor.

Progression of Certain Key Expected Behaviours

LP-00 Articling Student
  • Is a productive team player and assists others to facilitate the achievement of common goals.
  • Responds to needs of investigative agencies or other partners in a timely, professional, courteous, and trustworthy manner.
  • Seeks assistance and ways to resolve conflict, while respecting others' points of view.
  • Shares information willingly and on a timely basis.
LP-01 Counsel (Developmental)
  • Maintains good rapport in current relationships to effectively respond to the needs of investigative agencies, colleagues, community and other partners in a timely, professional, courteous, and trustworthy manner.
  • Recognizes conflict that could affect working relationships or disrupt the workplace and seeks assistance, where appropriate.
  • Ensures own share of work is carried out effectively in relation to the common goal.
  • Assumes additional tasks to assist others and to facilitate the achievement of common goals through an understanding of other jobs on the team and how they relate.
LP-02 Counsel
  • Identifies contacts and develops relationships, beyond established partners and structures, which may be helpful in meeting immediate work objectives.
  • Follows up with investigative agencies, colleagues, community and other partners to ensure that their needs are met and to suggest possible collaborative efforts.
  • Deals with conflict as it occurs by having an open mind and actively seeking a resolution in a respectful manner.
  • Seeks to contribute to the common goal by helping others with their work or taking on additional activities, where appropriate.
  • Mentors and/or coaches others by sharing accumulated knowledge and expertise.
  • Coaches others on how to turn a mistake into a learning opportunity.
LP-03 Senior Counsel / Team Leader
  • Seeks opportunities to establish new partnerships, alliances, and networks where it would be mutually beneficial.
  • Looks for ways to add value to and nurture working relationships beyond immediate requests.
  • Capitalizes on the strengths, skills, and abilities of others to achieve common goals.
  • Anticipates potential conflict and takes steps, using various methods, to proactively deal with it and prevent it from occurring.
  • Strategizes and plans approaches that link proposals to other initiatives in order to gain support or build momentum for the proposal.
  • Mobilizes people and teams by setting clear expectations, monitoring, and evaluating performance.
  • Commits time and energy to mentor and coach others by providing advice and guidance and proposing practical learning opportunities.
  • Models vulnerability and humility to help create an environment where employees feel safe to make mistakes.

In addition, a Team Leader:

  • Ensures compliance with the provisions of collective agreements and stays up to date on departmental objectives and priorities related to the management of human resources.
LP-04 General Counsel
  • Evaluates current partnerships, alliances, and networks for effectiveness and relevance to achieving the organization’s strategic objectives.
  • Builds support by establishing coalitions of partners or using indirect strategies such as experts or third parties, as appropriate, to influence and persuade others.
  • Works to proactively resolve conflict (e.g., through mediation, negotiation and encouragement) to facilitate a positive outcome for all parties and the organization, while preserving positive working relationships.
  • Establishes regular and comprehensive exchange of ideas horizontally and vertically.
  • Leads individuals and teams consistently, professionally, objectively, and fairly and ensures proactive transfer of knowledge & best practices – supports long-term career development of others.
  • Supports management in developing and promoting the organization's learning framework for continuous learning.
  • Models vulnerability and humility to help create an environment where employees feel safe to take risks.
LP-05 Senior General Counsel
  • Models partnering with others and taking into consideration sensitivities.
  • Uses innovative, creative strategies and long-term relationships to influence and champion change, including advancing shared interests, while assessing the value and “return on investment” of partners/networks.
  • Endeavours to break down barriers (structural, functional, cultural) between teams, facilitating the sharing of expertise and resources.
  • Instils enthusiasm for innovative and creative thinking at all levels of the organization.
  • Models the role of coach and mentor and commits time and energy to these activities.
  • Coaches others on reducing, resolving, and leveraging current or potential conflicts to achieve position outcomes.
  • Empowers others by inspiring, motivating, and guiding them towards accomplishing organizational goals and improving performance.
  • Supports others when they take calculated risks.
  • Alerts the organization to broad future learning needs at the national level that may affect organizational capability.
  • Fosters a high-performing environment where employees feel safe, encouraging employees to learn from both successes and failures.

7. Resiliency and Courage

Definition

Resiliency is the ability to perform under pressure, manage and adapt to difficult or challenging circumstances, and recover from setbacks. Courage is the willingness to accept and confront situations and systems that are difficult, uncertain or fearful. To be effective, each of these two competencies relies on the other.

Note

While the following applies to all 9 competencies, it is particularly important to recognize in this competency that every employee comes with a different background and experiences which impact their resiliency and courage, and thus the competency is to be applied flexibly and with the view to continually support employees to improve upon it.

Key Expected Behaviours for all LPs

Professional Fortitude
  • Show perseverance, resilience, optimism, and discretion in challenging situations on a regular basis.
  • Empower yourself: be confident in and use one’s abilities.
  • Make effective decisions in an environment of public scrutiny.
  • Set clear and reasonable expectations.
Adaptability
  • Show humility and patience.
  • Modify one’s approach and behaviour to suit the situation, always in line with PPSC’s Code of Conduct, PPSC Deskbook, Values and other guiding documents.
  • Perform effectively under different, changing or unclear conditions.
Emotion & Stress Management
  • Recognize and employ strategies to manage and reduce one’s stress.
  • Recognize personal limits for own workload and negotiate adjustments with management while still ensuring appropriate levels of productivity.
  • Be self-aware and manage own emotions, particularly when under stress (e.g., fear, frustration).
  • Draw on one’s cultural practices/traditions as methods of releasing emotions and finding healing.
  • Remain poised and confident in demanding situations.
Courage
  • Demonstrate courage in new and/or challenging circumstances.
  • Take a principled approach even though it may be unpopular, difficult or result in a negative outcome.
  • Step outside one’s comfort zone.
  • Challenge the status quo with well-articulated alternative approaches to prosecutorial work, particularly when advancing solutions to overrepresentation and systemic racism.
  • Acknowledge and learn from failures.

Progression of Certain Key Expected Behaviours

LP-00 Articling Student
  • Employs tactics to help maintain focus.
  • Develops self-assuredness.
  • Is aware of own emotions.
  • Distinguishes between courage and bravado.
  • Demonstrates an ability to effectively adapt and display a positive attitude in the face of ambiguity and change.
  • Seeks and acts on constructive feedback.
LP-01 Counsel (Developmental)
  • Obtains results without constant self-doubt and/or the reassurance of others.
  • Engages in difficult conversations when needed.
  • Recognizes reasons behind and impact of own emotions.
  • Displays encouraging, open attitude in the face of change, recognizing that different opinions and approaches have value.
  • Functions as a professional and maintains focus during situations involving ambiguity, change and/or stress.
  • Handles unsolicited constructive criticism well.
LP-02 Counsel
  • Engages in difficult conversations when needed, brings forth facts, and remains confident in own abilities and/or decisions.
  • Recognizes reasons for own outward emotions and takes steps to limit their impact.
  • Anticipates change and adapts to unexpected circumstances by getting informed, trying new skills, applying new knowledge in different ways.
  • Takes steps to reduce resistance to change.
  • Maintains composure and acts professionally during situations involving ambiguity/change/stress or when confronted and challenged.
  • Keeps issues in perspective - does not overreact.
  • Helps others to cope with stress by working together, redistributing work.
LP-03 Senior Counsel / Team Leader
  • Remains calm, constructive, optimistic, and uses sound judgment during situations involving ambiguity, change, stress, failure, or when confronted and challenged.
  • Evaluates the situation, is aware of the impact of own emotions on others and chooses appropriate actions.
  • Anticipates possible challenges and strategizes accordingly.
  • Recognizes and responds quickly to shifting opportunities and risks.
  • Focuses on solutions through innovation and development.
  • Achieves well under pressure and perceives as a challenge.
  • Puts unfair criticism into perspective and moves forward.
  • Handles social and media attention well.
LP-04 General Counsel
  • Readily tackles highly challenging or risky situations.
  • Anticipates and overcomes resistance, setbacks and failures.
  • Adjusts strategies, direction, and priorities to changing needs in the work environment.
  • Anticipates and capitalizes on emerging opportunities and risks.
  • Challenges own thinking to support and perform effectively amidst ambiguity and challenges.
  • Keeps the big picture in focus even in tough situations.
  • Coaches and supports others to make tough decisions, engage in difficult conversations, and foster innovative and creative thinking to address conflict.
  • Monitors the level of stress in the environment and takes positive steps to help others cope with stress and remain effective on the job.
LP-05 Senior General Counsel
  • Models self-confidence, perseverance, resilience and discretion for others to learn.
  • Encourages a culture that transforms resistance, setbacks, and failure into opportunities.
  • Models and guides others in how to manage own emotions in stressful situations to avoid serious consequences.
  • Shifts readily between dealing with macro-strategic issues and critical details.
  • Promotes a safe environment that gives people the courage to make tough decisions and have difficult conversations.
  • Coaches others on effectively dealing with workplace pressure, stress, and managing and adapting to change.

8. Equity and Inclusivity

Definition

The ability to apply equity, diversity, inclusion, and accessibility (EDIA) considerations to prosecutorial work and to create an inclusive work environment.

Key Expected Behaviours for all LPs

Self
  • Examine, challenge and understand one’s own biases, assumptions, and attitudes with a commitment to ongoing education on systemic racism, implicit biases and inclusive practices.
  • Recognize one’s own intersecting social identities, privileges, internalized oppression, conscious and unconscious bias and their impact.
  • Participates in personal and professional development regarding EDIA.
  • Participates in personal and professional development regarding Truth and Reconciliation, include the Truth and Reconciliation Commission of Canada’s Calls to Action and Indigenous laws, culture and perspectives.
  • Is authentic.
  • Examine one’s own personal and cultural experience to determine if that background can provide a different approach to solving a problem or otherwise challenging the status quo. It is important that Indigenous, Black, Racialized, 2SLGBTQIA+ and other equity groups share their unique viewpoints.
Others
  • Recognize others’ intersecting social identities and how they can be important at work.
  • Foster an inclusive workplace by, for example, seeking out and considering multiple perspectives/opposing views, keeping an open mind to other views, and drawing on colleagues of different experiences and backgrounds, with a focus on ensuring equitable participation and recognition.
  • Demonstrate respect for diversity when communicating with all people and actively challenge discriminatory language.
  • Support and value bilingualism and the inclusion of multiple languages.
  • Demonstrate an understanding of ableism, accessibility and that disabilities can be apparent and non-apparent.
  • Demonstrate awareness of barriers facing equity groups and speak up and/or take action to mitigate, ensuring that colleagues are supported.
  • Recognize that cultural differences may have an impact on learning and communication styles.
  • Maintain a safe and healthy work environment, free of harassment and discrimination.
Work
  • Operationalize the PPSC’s commitment to Equity, Diversity, Inclusion, and Accessibility (EDIA) and Gender-based Analysis Plus as it relates to one’s role and case files, including compliance with the PPSC Deskbook.
  • Incorporate trauma-informed approaches in decision making.
  • Contribute to the change necessary to support a criminal justice system that is fair to all by combatting systemic racism/discrimination and over-representation by:
    • Conducting prosecutions in a manner that is equitable, objective, and independent, while protecting the rights of every individual.
    • Self-reflecting and taking action to combat biases when conducting prosecutions, including those inherited from officers in collection of evidence.
    • Engaging in ongoing review of prosecutorial practices, including one’s personal assumptions, that may contribute to over-incarceration of Indigenous, Black and Racialized offenders.
    • Considering how multiple identities (e.g., race, gender, and class) can overlap to create unique experiences of discrimination.
    • Creating open dialogue that welcomes a diversity of views, particularly those that challenge the status quo.

Progression of Certain Key Expected Behaviours

LP-00 Articling Student
  • Examines and challenges one’s own biases and assumptions and recognizes how they impact one’s behaviour.
  • Builds positive relationships with people and groups from different backgrounds.
LP-01 Counsel (Developmental)
  • Examines and challenges one’s own biases and assumptions and recognizes how they impact one’s behaviour.
  • Builds positive relationships with people and groups from different backgrounds.
LP-02 Counsel
  • Examines and challenges one’s own biases and assumptions and recognizes how they impact one’s behaviour.
  • Builds positive relationships with people and groups from different backgrounds.
LP-03 Senior Counsel / Team Leader
  • Recognizes and addresses one’s own explicit and implicit biases and takes steps to mitigate and change personal biases which negatively impact others.
  • Continuously reflects and improves their understanding and skills related to EDIA.
  • Encourages a work environment that values, leverages, embraces, and promotes EDIA and builds trust.
  • Manages of the dynamics of diverse team(s), effectively navigating sensitive conversations and disagreements.
  • Encourages others to review files through an EDIA lens.

In addition, a Team Leader:

  • Listens to and acts on staff concerns.
  • Provides effective forums for employees to express and exchange diverse ideas, views and concerns.
  • Incorporates equitable and inclusive practices into HR management.
  • Supports and ensures EDIA learning and development of team members.
  • Sensitive to conflicts arising from cultural differences and considers restorative practices to resolve differences.
  • Ensures accommodations for employees to achieve equity and inclusion.
  • Evaluates performance in an inclusive manner, aware of and avoiding biases and using evidence-based assessments.
  • Recognizes and responds to matters related to workplace well-being, including systemic and micro-inequities.
  • Is alert to and quickly addresses harassment and discrimination.
  • Participates in recruitment efforts that prioritize building a diverse team.
  • Proactively identify opportunities and eliminates barriers to maximize the potential of Indigenous, Black, Racialized, 2SLGBTQIA+ and other equity groups identifying employees to develop and to assume leadership positions.
LP-04 General Counsel
  • Champions for diverse viewpoints.
  • Collaborates on and contributes to organizational and regional EDIA efforts.
  • Actively supports the development of employees with diverse identities through mentorship.
  • Identifies and addresses inequities and identifies interventions to create environments, policies and practices that optimize diversity and benefit equity groups.
  • Challenges traditional approaches, for example, by encouraging different styles of work.
LP-05 Senior General Counsel
  • Champions for diverse viewpoints.
  • Collaborates on and contributes to organizational and regional EDIA efforts.
  • Actively supports the development of employees with diverse identities through mentorship.
  • Identifies and addresses inequities and identifies interventions to create environments, policies and practices that optimize diversity and benefit equity groups.
  • Challenges traditional approaches, for example, by encouraging different styles of work.

9. Respectful Engagement with Indigenous Peoples: a working title

PPSC’s National Council of Indigenous Employee and the Indigenous Justice and Reconciliation Committee are continuing to develop this competency which will add to and anchor behaviours identified within the above Competencies related to Indigenous Peoples.

Definitions

Coach
A person who actively listens and asks powerful questions to promote a process of personal reflection and discovery in achieving professional/personal goals and reaching one’s full potential.
Mentor
An experienced/knowledgeable person who provides advice, guidance, support and/or training, through sharing their own insights and experiences.
Personal assumptions
Personal assumptions are unexamined beliefs, interpretations, or expectations that an individual brings to a situation, shaped by their experiences, perspectives, cultural background, and worldview. These assumptions often operate without conscious awareness and can influence how facts are interpreted, how legal issues are analyzed, and how stakeholders are perceived.
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