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 of 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
Payments pursuant to the Judges Act
Payments of salaries, allowances and annuities to federally appointed judges, and their survivors, in the superior courts and courts of appeal in Canada.
| Total Budgetary Expenditures (Main Estimates) 2012–13 |
Planned Spending 2012–13 |
Total Authorities (available for use) 2012–13 |
Actual Spending (authorities used) 2012–13 |
Difference 2012- 13 |
|---|---|---|---|---|
| 474.7 | 474.7 | 474.2 | 474.2 | 0.5 |
| Planned 2012-13 |
Actual 2012-13 |
Difference 2012-13 |
|---|---|---|
| 0 | 0 | 0 |
| 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
Steps have been 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.
Canadian Judicial Council
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.
| Total Budgetary Expenditures (Main Estimates) 2012–13 |
Planned Spending 2012–13 |
Total Authorities (available for use) 2012–13 |
Actual Spending (authorities used) 2012–13 |
Difference 2012- 13 |
|---|---|---|---|---|
| 1.7 | 1.7 | 1.8 | 1.7 | 0 |
| Planned 2012-13 |
Actual 2012-13 |
Difference 2012-13 |
|---|---|---|
| 11 | 10 | 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 satisfied with CJC services. |
Performance Analysis and Lessons Learned
The secretariat, comprised of 11 employees, provides support to the Canadian Judicial Council in support of its mandate to foster the better administration of justice in Canada in terms of efficiency, uniformity, accountability and judicial conduct.
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, the Council published guidelines for Judges and court staff on the increasing role that technology plays in modern courtrooms, in particular, information technology policies, the filing and sharing of documents electronically, and a comparative analysis of key characteristics of court administration systems. The Chairpersons of the various committees continue to be very satisfied with the level of support they receive.
The Canadian Judicial Council reviews complaints made against the federally appointed judges. The complexity of complaints has been steadily increasing. During 2012-2013, the CJC received 138 complaints, and 131 complaints were closed. At year end, 44 complaints were under review, compared to 37 at the end of the previous fiscal year.
| Judicial Conduct Activities | 2009- 2010 |
2010- 2011 |
2011- 2012 |
2012- 2013 |
|---|---|---|---|---|
| Number of complaints received | 161 | 156 | 185 | 138 |
| Number of complaints closed | 167 | 140 | 190 | 131 |
| Number of open complaints under review at year-end | 29 | 42 | 37 | 44 |
| Other conduct-related correspondence (no. of letters) | 83 | 114 | 163 | 233 |
Federal Judicial Affairs
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.
| Total Budgetary Expenditures (Main Estimates) 2012–13 |
Planned Spending 2012–13 |
Total Authorities (available for use) 2012–13 |
Actual Spending (authorities used) 2012–13 |
Difference 2012- 13 |
|---|---|---|---|---|
| 7.7 | 7.7 | 8.7 | 8.3 | 0.6 |
| Planned 2012-13 |
Actual 2012-13 |
Difference 2012-13 |
|---|---|---|
| 51 | 44 | 7 |
| 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). |
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, and has implemented follow-up actions. These include:
- Administrative services to the judiciary
- Salary administration for payments pursuant to the Judges Act
- Pension administration for payments pursuant to the Judges Act
- Judicial appointments including the Supreme Court appointments process
- Federal Courts Reports publishing and use of desktop publishing software
- Judges' Language Training Program
- Expense claim processing
Services to Judges
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.
| Planned Spending 2012-13 |
Actual Spending 2012-13 |
Difference 2012-13 |
|---|---|---|
| 4.7 | 5.4 | 0.7 |
| Planned 2012-13 |
Actual 2012-13 |
Difference 2012-13 |
|---|---|---|
| 34 | 28 | 6 |
| 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 theJudges 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 95% 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 2012-2013. |
| 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 1,100 judges and 900 pensioners and survivors. FJA administers a budget in excess of $470 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 2012-2013, FJA arranged for the participation of judges in international projects in Jamaica, Ghana, Peru, Maldives, West Bank, Ukraine, and Mexico 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:
- A new online information kit is being developed for newly appointed judges.
- A security feasibility assessment was conducted of the electronic management of judges' expense claims to assess signature options, implementation costs and risks.
- Judges can now view the balances of their incidental and representational allowances online on demand through a self-serve module in JUDICOM. This will improve service, reduce calls from judges and replace the monthly paper mail-outs to judges.
- A number of upgrades were made to the Phoenix application used for pay and pension to eliminate double entry of claim data into the Phoenix and financial systems; enable better data comparison and analysis of judges' and pensioners' benefits; improve the publication of benefit statements; and provide self-serve access to enterprise data by FJA employees and thereby eliminate the cost of external licenses and maintenance contracts.
Judges Language Training
Provide language training services in both official languages to federally appointed judges.
| Planned Spending 2012-13 |
Actual Spending 2012-13 |
Difference 2012-13 |
|---|---|---|
| 1.5 | 1.4 | 0.1 |
| Planned 2012-13 |
Actual 2012-13 |
Difference 2012-13 |
|---|---|---|
| 6 | 5 | 1 |
| 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. | Target met (100%) of time. |
| 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
The ability of judges to function in both official languages was enhanced through FJA's provision of accessible, high quality language training. Language training, in individual, immersion, or intensive training sessions, enabled judges to acquire and improve their knowledge and skills in both official languages and legal terminology. Thus more judges are able to preside in court, understand testimony, read legal texts, write judgments and participate in legal conferences in their second language. Judges have established learning objectives and are registered and assigned a tutor within 30 days. Nine out of ten judges say they are satisfied with the service provided (based on the Client Satisfaction Survey). Demand is high as the number of participants (roughly 25% of judges) has been increasing each year.
| Language training | 2010- 2011 |
2011- 2012 |
2012- 2013 |
|---|---|---|---|
| New judges registered each year | 36 | 32 | 33 |
| Judges registered | 246 | 249 | 255 |
| Immersion sessions/ number of judges enrolled | 6/230 | 6/214 | 6/214 |
| Judges in private training sessions | 165 | 175 | 191 |
| Training hours in private/intensive courses | 6202 | 6795 | 7288 |
| Language training products developed | 15 | 16 | 24 |
| Language assessments | 29 | 30 | 28 |
FJA delivered private language training through languages schools and universities; the Canada School of Public Service delivered the language training in previous years. Increased use of external language trainers has placed an additional burden on FJA to ensure a continuous supply of qualified instructors and to do quality assurance in addition to program development. Language training was delivered at a cost of $47 per hour, well within industry standards.
Federal Courts Reports
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 significance or importance are published.
| Planned Spending 2012-13 |
Actual Spending 2012-13 |
Difference 2012-13 |
|---|---|---|
| 1.0 | 1.0 | 0 |
| Planned 2012-13 |
Actual 2012-13 |
Difference 2012-13 |
|---|---|---|
| 8 | 8 | 0 |
| Expected Results |
Performance Indicators |
Targets | Actual Results |
|---|---|---|---|
| Timely, accurate and bilingual publishing of selected Federal Courts decisions. | Percentage of decisions rendered published per year. | 5% of decisions rendered published per year. | 4.8% of decisions rendered were published in 2012-2013. |
| Percentage of selected cases published within service standards. | 75% of selected cases are published within 24 months. | 100% of cases were published within average of 22 months. | |
| Number of Parts published per year. | 12 parts published per year. | 11 parts were published. | |
| Number of erratum published per year. | No more than 5 errata published per year. | 0 erratum published in 2012‑2013. |
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 are made available in print and on the Internet. In a 2011 client satisfaction survey, preserving a permanent, authentic record of decisions of precedential value was considered the Federal Courts Reports' most important mandate. 5% of judgments are selected for publishing, with input from an advisory committee in certain cases.
In 2012-2013, 60 judgments were published as full-text reports and 86 as digests. Quality value-added features include headnotes, captions, tables and lists. The Reports undergo a thorough editorial process, including translation accuracy confirmation. Timeliness has suffered due to reduced resources—full-text decisions were published in print on average within 22 months of being rendered in 2012-2013, and digests within 7 months. Full-text decisions are also available online within 19 months.
| Federal Courts Reports | 2009-2010 | 2010-2011 | 2011-2012 | 2012-2013 |
|---|---|---|---|---|
| Judgments received | 1587 | 1695 | 1859 | 1615 |
| Judgments selected as reports/as % of judgments received | 75/4.7% | 88/5.2% | 66/3.6% | 77/4.8% |
| Judgments selected as digests/as % of judgments received | 103/6.5% | 152/9.0% | 120/6.5% | 78/4.8% |
| Decisions published | 75 | 78 | 62 | 60 |
| Digests published | 161 | 139 | 129 | 86 |
| Parts printed | 10 | 13 | 13 | 11 |
| Pages printed | 2637 | 3258 | 2714 | 2890 |
| Reports average delay (months) | 13.8 | 15.8 | 16.6 | 21.5 |
The focus in 2012-2013 was on modernizing the publication process and achieving efficiencies through greater electronic collaboration in its processes, 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.
Judicial Appointments Secretariat
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.
| Planned Spending 2012-13 |
Actual Spending 2012-13 |
Difference 2012-13 |
|---|---|---|
| 0.5 | 0.5 | 0 |
| Planned 2012-13 |
Actual 2012-13 |
Difference 2012-13 |
|---|---|---|
| 3 | 3 | 0 |
| Expected Results |
Performance Indicators |
Targets | Actual Results |
|---|---|---|---|
| Fair Judicial Appointments process. | Percentage of applications screened and ready to be assessed by Committees. | 95% of applications screened and ready to be assessed by Committees within service standard (3 months). | Over 95% of applications were screened and ready to be assessed by Committees within a 3-month period. |
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 497 candidate applications for federal judicial appointments in the year ending October 31, 2012. Over 95% of applications received by FJA (515 applications in total during 2011-2012) were screened and ready for review by committee within three months. The number of applications outstanding increased slightly from 167 at the beginning of the year to 185 at year end. During the year, 43 judicial appointments were made.
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 resources.
Following a process review carried out in 2011, FJA has been assessing options to automate the current judicial appointments process.
Judicial Compensation and Benefits Commission
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.
| 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 | Final report and recommendations |
Performance Analysis and Lessons Learned
The Judicial Compensation and Benefits Commission was established under paragraph 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 Quadrennial Commission, and the Commissioner is responsible for the implementation of its recommendations approved by Parliament.
The fourth Commission was convened on September 1, 2011, and public hearings were held in February 2012. The report of the fourth Judicial Compensation and Benefits Commission was provided to the Minister of Justice in May 2012, and the government response was provided in October 2012. FJA provided administrative support to the Commission, including secretariat support as well as providing data and statistics to the members. This support was provided from existing financial resources and totalled $54,000 in 2012-13.
The commissioners conducted the hearings in an effective and timely manner and delivered their report well before the statutory deadline. The government released its response to the commission's report more than a month in advance of the statutory deadline for a response and subsequently introduced the necessary implementing legislation in Parliament.
Internal Services
Internal Services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of the 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; Material Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across the organization and not to those provided specifically to a program.
| Total Budgetary Expenditures (Main Estimates) 2012–13 |
Planned Spending 2012–13 |
Total Authorities (available for use) 2012–13 |
Actual Spending (authorities used) 2012–13 |
Difference 2012- 13 |
|---|---|---|---|---|
| 0.9 | 0.9 | 0.9 | 0.9 | 0 |
| Planned 2012-13 |
Actual 2012-13 |
Difference 2012-13 |
|---|---|---|
| 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 2012-2013 was 5%. |
| 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 Resources services. |
80% of staff and management are satisfied with Human Resources 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 2012-13 are noted below.
Information management. FJA began implementation of the Management Action Plan on the Office of the Comptroller General Horizontal Audit on Electronic Record Keeping. Specific actions included:
- Updating the information architecture, enhancing the security of the file structure, and developing a new file structure and retention schedule for records management.
- Reviewing the file structure of the 17 public appointment judicial advisory committees across the country to improve the structure and collection of crucial information, reducing the number of files 57 to 37, and digitizing more than 800 files to make better use of the filing room and eliminate unnecessary paper files.
- Implementing electronic tracking and managing of correspondence and the ability to automatically store completed forms and correspondence in a pre-determined file upon completion, so as to route correspondence in a structured process and quicken the movement and retrieval of correspondence.
Implementation of policy on internal controls. During 2012-2013, consultants were engaged to conduct an overall risk assessment, review the appropriateness and adequacy of the entity level controls in place, and do documentation, design & implementation and operational effectiveness testing of the salary and pension administration processes. Follow-up action was taken to address gaps identified, for example, financial delegation authorities.
Improving organizational efficiency. As a follow-up to a departmental organizational review undertaken in 2011, FJA undertook three division organizational/process efficiency reviews in 2012-13. 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. An audit of FJA appointments by the Public Service Commission (PSC) was followed up by steps taken to improve the monitoring of its staffing practices.
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.
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