Office of the Commissioner for Federal Judicial Affairs Canada - Report
SECTION II – ANALYSIS OF PROGRAMS AND SUB-PROGRAMS BY STRATEGIC OUTCOME
Strategic Outcome: An independent and efficient federal judiciary
| Performance Indicators | Targets | Actual Results |
|---|---|---|
| Judges' view on the contribution of the Office to judicial independence. | 90% of judges are satisfied with the administration of the judiciary and feel it effectively contributes to their independence. | 91% of judges said they were either "very" or "somewhat satisfied" with the services provided by FJA. Satisfaction scores were consistently high across specific FJA service areas. (2011 Client Satisfaction Survey). |
A high proportion of judges (91% based on the most recent client satisfaction survey conducted in 2011) consider FJA to be doing a good job. All programs and services of FJA contribute to achieving this outcome. This section contains a discussion of results of the various FJA programs and related sub-programs:
- Payments pursuant to the Judges Act
- Canadian Judicial Council
- Federal Judicial Affairs (includes Service to Judges, Judges Language Training, Federal Courts Reports, Judicial Appointments Secretariat, and Judicial Compensation and Benefits Commission)
- Internal Services
Program 1.1: Payments Pursuant to the Judges Act
Description
Payments of salaries, allowances and annuities to federally appointed judges, and their survivors, in the superior courts and courts of appeal in Canada.
| 2013–14 Main Estimates |
2013–14 Planned Spending |
2013–14 Total Authorities Available for Use |
2013–14 Actual Spending (authorities used) |
2013–14 Difference (actual minus planned) |
|---|---|---|---|---|
| 487,534,826 | 487,534,826 | 490,350,437 | 490,350,437 | (2,815,611) |
| 2013–14 Planned |
2013–14 Actual |
2013–14 Difference (actual minus planned) |
|---|---|---|
| n/a | n/a | n/a |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Accurate payment of salaries, allowances and annuities as per Judges Act | Less than 2% errors on payments | Less than 2% | All payments are verified to ensure compliance with the Judges Act. |
| Comprehensive, up-to-date and validated files are kept on all judges and their survivors | Less than 2% of files that are not up-to-date or are missing information | Less than 2% | All judges and their survivors have comprehensive, up-to-date and validated files. |
Performance Analysis and Lessons Learned
The scope of this program includes compensation and pension administration for approximately 1,115 judges and 910 pensioners and survivors. The number of judicial appointments has steadily increased and the number of pensioners peaked over 900 during 2013-14.
Steps continue to be taken to ensure greater consistency in the application of policies, rules, and entitlements, and thereby maintain public confidence in the judiciary. Transactions are monitored using checklists. 100% verification is done of all expense claims to avoid errors and ensure a consistent interpretation of the Judges Act. Processes have been documented, and internal controls reviewed with external support. A detailed process review was conducted of administrative services to the judiciary, and decision rules were documented for future reference.
Program 1.2: Canadian Judicial Council
Description
Administrative support to the various committees established by the Council which is composed of 39 Chief Justices and Associate Chief Justices in Canada as well as the Senior Judges from the superior courts in Nunavut, Yukon and the Northwest Territories.
| 2013–14 Main Estimates |
2013–14 Planned Spending |
2013–14 Total Authorities Available for Use |
2013–14 Actual Spending (authorities used) |
2013–14 Difference (actual minus planned) |
|---|---|---|---|---|
| 1,672,727 | 1,672,727 | 1,770,016 | 1,681,809 | (9,082) |
| 2013–14 Planned |
2013–14 Actual |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 10 | 11 | 1 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Effective functioning of Canadian Judicial Council committees. | CJC members satisfied with the administration and support of their committees. | Number of Committee Chairpersons satisfied with secretariat support. | The chairpersons reported being very satisfied with CJC services. |
Performance Analysis and Lessons Learned
The secretariat, comprised of 10 employees, provides support to the Canadian Judicial Council in keeping with its mandate to foster the better administration of justice in Canada in terms of efficiency, uniformity, accountability and judicial conduct. The Chairpersons of the various committees continue to be very satisfied with the level of support they receive.
During the course of the fiscal year, Council's Committees, Sub-committees and Working Groups met on a regular basis to undertake their work in line with the Council's mandate. For example, to ensure that Council keeps pace with the public's evolving expectations of fairness, efficiency and transparency in the process, the Council - via the Judicial Conduct Committee - initiated a review of the complaints process against federally-appointed judges. As part of this review, the Council launched a public web-based consultation to seek the input of Canadians about the process of review of complaints. This consultation is seeking input on all aspects of the process, from the front-end screening through to the public inquiry stage.
The Canadian Judicial Council plays a pivotal role in ensuring that judges maintain the highest standards of conduct, which is essential to maintaining the rule of law and public confidence in the administration of justice. The complexity of complaints made against the federally appointed judges has been steadily increasing. During 2013-2014, the CJC received 158 complaints, and 138 complaints were closed. At year end, 61 complaints were under review, compared to 44 at the end of the previous fiscal year.
| Judicial Conduct Activities | 2010-2011 | 2011-2012 | 2012-2013 | 2013-2014 |
|---|---|---|---|---|
| Number of complaints received | 156 | 185 | 138 | 158 |
| Number of complaints closed | 140 | 190 | 131 | 138 |
| Number of open complaints under review at year-end | 42 | 37 | 44 | 61 |
| Other conduct-related correspondence (no. of letters) | 114 | 163 | 233 | 222 |
Program 1.3: Federal Judicial Affairs
Description
Provides services to federally appointed judges including compensation and pension services, financial services, information technology/information management, language training, editing of the Federal Courts Reports, services to the Minister of Justice through the Judicial Appointments Secretariat including the Supreme Court of Canada, and International Programs.
| 2013–14 Main Estimates |
2013–14 Planned Spending |
2013–14 Total Authorities Available for Use |
2013–14 Actual Spending (authorities used) |
2013–14 Difference (actual minus planned) |
|---|---|---|---|---|
| 7,613,383 | 7,613,383 | 9,131,450 | 8,455,757 | (842,374) |
| 2013–14 Planned |
2013–14 Actual |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 48 | 43 | 5 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Federally appointed judges have access to timely, high-quality, and cost effective services. | Satisfaction of judges with services provided | 90% of judges are satisfied with services provided | 91% of judges said they were either "very" or "somewhat satisfied" with the services provided by FJA. Satisfaction scores were consistently high across specific FJA service areas. (2011 Client Satisfaction Survey). |
Performance Analysis and Lessons Learned
FJA continued to provide a high level of service to clients in terms of core services such as payment of judges' salaries, allowances and annuities. A Client Satisfaction Survey of judges, completed in 2011, assessed the opinions of judges regarding the satisfaction of judges with services provided by FJA. The survey also collected performance assessments of each FJA sub-program.
The 2011 Survey showed a 91% satisfaction level. The judges were generally very satisfied with FJA services as satisfaction scores for each service were in the 80% or higher range. Three areas identified as important to achieving continuous improvement were: identifying points of contact, streamlining processes and timeliness of responses.
FJA conducted a number of process reviews to identify opportunities to streamline processes and improve services. These include:
- Judges' Supplementary Retirement Benefit Accounts (SRBA)
- Vote Netting Authority
- Procure to Pay
- Government Acquisition cards
- Managing the Delegation of Financial Authorities
FJA has also implemented follow-up actions related to:
- Salary administration for payments pursuant to the Judges Act
- Pension administration for payments pursuant to the Judges Act
Sub-Program 1.3.1: Services to Judges
Description
Provide financial services; human resources, compensation and pension services; information management/technology services; and international cooperation activities, to federally appointed judges in the superior courts in Canada.
| 2013–14 Planned Spending |
2013–14 Actual Spending |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 4,489,935 | 5,466,294 | (976,359) |
| 2013–14 Planned |
2013–14 Actual |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 32 | 24 | 8 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Timely and accurate administration of the Order-in-Council process. | Percentage of Order-in-Council submissions prepared within service standards. | 100% of submissions prepared within service standard of 5 days. | 100% of all Order-in-Council submissions were prepared within the service standard. |
| Efficient and effective administration of Judges' compensation and benefits programs and processes. | Percentage of compensation and benefits claims processed within service standards. | 95% of compensation and benefits claims processed within service standards. | Over 90% of compensation and benefits claims transactions were processed within service standards. |
| Accurate and timely processing and validation of claims received for expenses in compliance with the Judges Act and internal guidelines governing financial management. | Percentage of expense claims processed and validated for entry into tracking system. | 100% of expense claims compliant with Judges Act and departmental policies and guidelines. | 100% of all claims received were audited to ensure compliance to departmental policies and guidelines. |
| Percentage of expense claims processed within service standard. | 90% of claims processed within service standard of 10 days. | Over 96% of expense claims were processed within the 10 day service standard. | |
| Access to a trusted and reliable judicial email and collaboration tool. | Percentage of time core system available to users. | Core systems available 98% of time on an annual basis. | JUDICOM system availability was 99% during 2013-2014. |
| Percentage of judges satisfied with system. | 75% of judges satisfied with system. | 76% of judges were satisfied with the JUDICOM system according to 2011 Client Satisfaction Survey. |
Performance Analysis and Lessons Learned
The scope of this service includes compensation and pension administration services for 1,115 judges and 910 pensioners and survivors. FJA administers a budget in excess of $500 million annually which pays for judges' salaries, allowances and annuities, relocation and travel expenses; and reviews and processes some 20,000 expense claims per year.
FJA continues to meet service standards with respect to the range of services provided through the lifecycle of a federal judge position, for example, preparing Order-in-Council submissions upon initial appointment (within 5 days); bringing a judge "on board" (within 1 month of appointment); responding to benefits inquiries from judges (within 2 days); processing retirement documentation (within 1 month); issuing a pension in the event of death (within 3 months). With some exceptions, expense claims are processed within a 10 day standard; the majority of claims are processed under 5 days.
JUDICOM provides judges with email, a secure and restricted communication system, and a virtual library. Federally appointed judges are able to collaborate effectively, sharing information through JUDICOM. About three-quarters of judges (76%) are satisfied with the JUDICOM system; based on the 2011 Client Satisfaction Survey. 75% of judges considered JUDICOM to be an important tool and 87% used the system monthly. The JUDICOM system remained functional more than 99% of the time. A Service Desk provided timely and professional services.
FJA provides judges with support, assistance and advice with respect to their involvement in international work and projects. During 2013-2014, FJA arranged for the participation of judges in international projects in Jamaica and Ukraine funded by the Canadian International Development Agency (CIDA) and the Department of Foreign Affairs and International Trade Canada (DFAIT). FJA also responded to international requests from foreign organizations for access to Canadian judicial expertise and courts, and provided support and assistance to the Superior Courts in responding to and managing these requests. The cost of managing the implementation of international cooperation projects has been met through cost recovery from other funding agencies (primarily the former Canadian International Development Agency).
FJA has undertaken a number of initiatives to improve the efficiency of the services to judges:
- FJA is exploring options for Judges and pensioners pay stub printing to reduce overhead costs and increase efficiencies.
- Judges can now view the balances of their conference allowances online on demand through a self-serve module in JUDICOM. This continues to improve service to judges, reduces calls and replaces the need for monthly paper mail-outs.
- The personnel module in the Phoenix application used for pay and pension and for appointments continues to be updated in order to eliminate double entry and increase efficiencies and accuracy of data.
- The financial module in the Phoenix application used for expense claim processing continues to be upgraded to provide timely and accurate financial data to judges.
Sub-Program 1.3.2: Judges Language Training
Description
Provide language training services in both official languages to federally appointed judges.
| 2013–14 Planned Spending |
2013–14 Actual Spending |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 1,558,737 | 1,442,664 | 116,073 |
| 2013–14 Planned |
2013–14 Actual |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 5 | 5 | 0 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Federally appointed judges have access to timely, high-quality, and cost effective language training services. | Number of days for judge to complete registration, and be assessed and assigned a tutor. | 30 days | 100% target achieved. |
| Satisfaction with language training (based on FJA Client Satisfaction Survey). | 90% of judges satisfied. | In 2011, 88% of Judges said they were satisfied with the language training services (87% in 2008). |
Performance Analysis and Lessons Learned
FJA provided language training to judges through its varied curriculum catering to the learners' proficiency level goals in the second Official language. Participation rates in FJA's course offerings continued at a sustainable level with an average new intake of 30 judges per year. Through individual, immersion, or intensive training sessions, participants have enhanced their ability to function in both official languages at varied skill levels and also perfect their knowledge of legal terminology. An increasing number of judges have benefited from FJA language learning opportunities, enabling them to preside in court, understand testimony, read legal texts, write decisions, participate in legal conferences and conduct presentations in their second official language. Satisfaction rates of 88% have been achieved. FJA has pursued various curriculum development projects as well as enhanced distance learning in order to maintain its provision of accessible, high quality language training to participating judges nationwide.
| Language training | 2011-2012 | 2012-2013 | 2013-2014 |
|---|---|---|---|
| New judges registered each year | 32 | 33 | 30 |
| Judges registered | 249 | 255 | 262 |
| Immersion sessions/ number of judges enrolled | 6/214 | 6/214 | 5/219 |
| Judges in private training sessions | 175 | 191 | 194 |
| Training hours in private courses | 6795 | 7288 | 7094 |
| Language training products developed | 16 | 24 | 36 |
| Language assessments | 30 | 28 | 30 |
FJA made significant progress in acquiring, accessing and managing qualified language and legal terminology specialists for its program delivery. In the last year, language training was delivered at an average cost of $50 per hour, well within industry standards. Since the Canada School of Public Service decision to cease direct language training services, FJA is now heavily involved in the complex management of a national network of specialists and alternative service providers. This represents additional challenges and significantly increases FJA workload in order to ensure a continuous supply and quality assurance of language training specialists as well as developing curriculum and new courses while remaining efficient and cost effective.
Sub-Program 1.3.3: Federal Courts Reports
Description
Publish the Federal Courts Reports (FCR), which are the official reports of the decisions of the Federal Court of Appeal and of the Federal Court, pursuant to section 58 of the Federal Courts Act. Only decisions that are of sufficient significance or importance are published.
| 2013–14 Planned Spending |
2013–14 Actual Spending |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 1,065,662 | 1,075,266 | (9,604) |
| 2013–14 Planned |
2013–14 Actual |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 8 | 8 | 0 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Timely, accurate and bilingual publishing of selected Federal Courts decisions. | % of decisions rendered published per year. | 5% of decisions rendered published per year. | 4.7% of decisions rendered were published in 2013-2014. |
| % of selected cases published within service standards. | 75% of selected cases are published within 24 months. | 100% of cases were published within 24 months. The average delay was 22.71 months for print and 20.32 months for web. | |
| No. of Parts published per year. | 12 parts published per year. | 12 parts were published. | |
| No. of errata published per year. | No more than 5 errata published per year. | No errata published in 2013-2014. |
Performance Analysis and Lessons Learned
The Federal Courts Reports brings significant new decisions to the profession's attention, facilitates legal research by including quality value-added features, and ensures a permanent record of important decisions while making the best use of new technologies and keeping up with the changing demands of the legal and judicial communities and the general public. Decisions, which are made available in print and on the Internet, undergo a thorough editorial process, including translation accuracy confirmation.
| Federal Courts Reports | 2010-2011 | 2011-2012 | 2012-2013 | 2013-2014 |
|---|---|---|---|---|
| Judgments received | 1695 | 1859 | 1615 | 1360 |
| Judgments selected as reports/as % of judgments received | 88/5.2% | 66/3.6% | 77/4.8% | 64/4.7% |
| Judgments selected as digests/as % of judgments received | 152/9.0% | 120/6.5% | 78/4.8% | 78/5.7% |
| Decisions published | 78 | 62 | 60 | 70 (print) 72 (web) |
| Digests published | 139 | 129 | 86 | 78 |
| Parts printed | 13 | 13 | 11 | 12 |
| Pages printed | 3258 | 2714 | 2890 | 3153 |
| Reports average delay (months) | 15.8 | 16.6 | 21.5 | 22.71 (print) 20.32 (web) |
The focus continued to be on modernizing the publication process and achieving efficiencies through, inter alia, greater electronic collaboration, in-house use of desktop publishing tools, publishing decisions on the web site before their reproduction in final form in the print version, and ongoing improvements to the Web product. Measures have also been put in place to allow for a return to a more timely publication.
FCR's decision to make its own author's alterations continued to pay dividends throughout the year, resulting in savings of time and money.
The elaboration of a business plan also resulted in a clearer picture for FCR of its objectives and what its priorities should be. This renewed focus will foster further improvements and cost reductions. One such improvement was the elimination of statutory amendments in the Reports. This value-added feature was deemed no longer necessary in light of technological improvements. Other efficiencies were also achieved. For example, with respect to the preparations of documents for Web publication, macros were developed to assist in completing mundane tasks, thus speeding up the publication process.
Sub-Program 1.3.4: Judicial Appointments Secretariat
Description
Administration of the judicial appointments process on behalf of the Minister of Justice in a way that treats all candidates for judicial office fairly and in which assessments are completed expeditiously and thoroughly.
| 2013–14 Planned Spending |
2013–14 Actual Spending |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 499,049 | 471,533 | 27,516 |
| 2013–14 Planned |
2013–14 Actual |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 3 | 3 | 0 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Fair Judicial Appointments process. | % of applications screened and ready to be assessed by Committees within 3 months of reception. | 95% of applications screened and ready to be assessed by Committees within 3 months of reception. | Over 95% of applications were screened and ready to be assessed by Committees within 3 months of reception. |
Performance Analysis and Lessons Learned
The judicial appointments process contributes to an independent judiciary by ensuring an effective and fair candidate assessment process. The Judicial Appointments Secretariat administers, on behalf of the Minister of Justice, 17 Advisory Committees across Canada, comprised of 133 members in total, who evaluated 321 candidate applications for federal judicial appointments in the year ending October 31, 2013. Over 95% of applications received by FJA (495 applications in total during 2012-2013) are screened and ready for review by committee within three months.
The Minister of Justice has also requested that FJA provide administrative support to and coordinate the process for the appointment of judges to fill vacancies at the Supreme Court of Canada. This is being done from current FJA financial resources.
Following a process review carried out in 2011, FJA has been assessing options to automate the current judicial appointments process.
Sub-Program 1.3.5: Judicial Compensation and Benefits Commission
Description
Administration of the Judicial Compensation and Benefits Commission to inquire into the adequacy of the salaries and other amounts payable under the Judges Act and into the adequacy of judges' benefits generally.
| 2013–14 Planned Spending |
2013–14 Actual Spending |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 0 | 0 | 0 |
| 2013–14 Planned |
2013–14 Actual |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 0 | 0 | 0 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Process for determining salaries and benefits of judges supports the independence of the federal judiciary. | At least every four years. | Final report and recommendations | n/a |
Performance Analysis and Lessons Learned
The Judicial Compensation and Benefits Commission was established under subsection 26(1) of the Judges Act to examine, every four years, the adequacy of the salaries and other amounts payable to federally appointed judges under the Act, and inquire into the adequacy of judges' benefits generally. FJA provides support and funding to the Commission, including secretariat support as well as data and statistics to Commission members.
The next Commission will be convened during fiscal year 2015-2016.
Internal Services
Description
Internal Services are groups of related activities and resources which support the delivery of programs and other corporate obligations of an organization. These groups 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; Acquisition Services; and Other Administrative Services. Internal Services includes only those activities and resources that apply across an organization and not to those provided specifically to a program.
| 2013–14 Main Estimates |
2013–14 Planned Spending |
2013–14 Total Authorities Available for Use |
2013–14 Actual Spending (authorities used) |
2013–14 Difference (actual minus planned) |
|---|---|---|---|---|
| 854,278 | 854,278 | 854,278 | 854,278 | 0 |
| 2013–14 Planned |
2013–14 Actual |
2013–14 Difference (actual minus planned) |
|---|---|---|
| 8 | 8 | 0 |
| Expected Results | Performance Indicators | Targets | Actual Results |
|---|---|---|---|
| Resources are allocated and expended in a cost effective manner in accordance with the department's Strategic Plan. | Departmental lapse of resources. | Annual budgetary lapse under 5%. | Actual departmental lapse in 2013-2014 was 5.45%. |
| Department successfully attracts and retains the right people at the right time to meet its current and future business needs. | Percentage of staff and management satisfied with Human Resource Services. | 80% of staff and management are satisfied with the Human Resource Services. | As per PSES 2011, 76% of staff and management believe that we hire people who can do the job. |
| A model workplace. | Percentage of staff satisfied with the organization. | 80% of staff are satisfied with the organization. | As per PSES 2011, 68% of departmental staff would recommend FJA as a good place to work. |
| Information technology tools are available to meet departmental needs. | Percentage of time the systems are available to users. | Core systems available 98% of the time on an annual basis. | Core systems were available 99% of the time. |
Performance Analysis and Lessons Learned
FJA continued to meet the expectations of managers and employees with respect to human resources, financial management, procurement, information technology and other administrative services. The main improvement areas pursued during 2013-14 are noted below.
Information management. FJA continues implementation of the Management Action Plan on the Office of the Comptroller General Horizontal Audit on Electronic Record Keeping. Specific actions were deferred due to shifting priorities and lack of resources.
Implementation of policy on internal controls. During 2013-2014, the documentation of business processes and design effectiveness testing for the Judges' Supplementary Retirement Benefits Account (SRBA), Vote Netting Authority, Government Acquisition Cards and Managing the Delegation of Financial Signing Authorities were addressed. The Procure to Payment and Revenues to Receivables processes were also started in 2013-2013 and are expected to be completed in 2014-2015.
Improving organizational efficiency. As a follow-up to a departmental organizational review undertaken in 2011, FJA undertook two additional division organizational/process efficiency reviews in 2013-14. This had a direct impact on staffing; a key focus of FJA was to support affected employees and support human resources planning.
Human resources planning. The principal human resources risk facing FJA is the loss of expertise and corporate memory from the retirement of long-serving experienced staff, and the lack of in-house expertise and back up in specialized areas. FJA continued to do succession and integrated HR planning to mitigate this risk.
Staffing audit. FJA continues to implement the action plan following a staffing audit by the Public Service Commission (PSC).
Systems enhancements. FJA is part of the cluster of small departments and agencies that is making the transition from HRIS human resources information system to PeopleSoft in December 2015.
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