Departmental Performance Report 2014-15

ISSN 2293-4367

Table of Contents

Message from the Director of Public Prosecutions

I am pleased to present the 2014–15 Departmental Performance Report of the Public Prosecution Service of Canada (PPSC).

The PPSC is responsible for prosecuting cases under federal jurisdiction in a manner that is fair, impartial, and objective, and for providing high-quality legal advice to investigative agencies.

In 2014–15, the Commissioner of Canada Elections became part of the PPSC. A statement of principles was developed to reflect the fact that the Commissioner and the Director exercise their statutory duties independently from each other, even while operating within the same organization.

This report describes the work the PPSC and the Commissioner of Canada Elections have done over the past year in support of their mandates. It also describes the progress the PPSC has made in meeting its organizational priorities.

PPSC prosecutors and other employees continue to make important contributions to the safety and justice of Canadian society. In doing so, they exemplify the organization’s key values: respect, integrity, excellence, and leadership.



Brian Saunders, Q.C.
Director of Public Prosecutions

Message from the Commissioner of Canada Elections

I am pleased to present the 2014–15 Departmental Performance Report, which summarizes the accomplishments of the Commissioner of Canada Elections (CCE) this fiscal year.

This report, the last presented by my office spanning two institutions – Elections Canada and the Public Prosecution Service of Canada – highlights the work carried out in both of our program areas. It also describes the progress we have made in identifying and addressing a number of key risk factors, with a view to safeguarding Canadians’ trust in the electoral process.

I am very proud of the work accomplished by the CCE in fiscal year 201415. Our success in achieving our stated objectives is essential to delivering on our mandate of ensuring compliance with, and enforcement of, the Canada Elections Act.



Yves Côté, Q.C.
Commissioner of Canada Elections

Section I: Organizational Expenditure Overview

Organizational Profile

Legal Title: Office of the Director of Public Prosecutions

Applied Title: Public Prosecution Service of Canada

Appropriate Minister: The Honourable Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada

Institutional Head: Brian Saunders, Director of Public Prosecutions

Ministerial Portfolio: Justice

Enabling Instruments: Director of Public Prosecutions ActEndnote i, Canada Elections ActEndnote ii

Year of Incorporation / Commencement: 2006

Other: On October 1, 2014, by virtue of the coming into force of amendments to the Canada Elections Act, the Office of the Commissioner of Canada Elections was transferred from Elections Canada to the Office of the Director of Public Prosecutions. The Commissioner and the Director exercise their statutory duties independently from each other, even while operating within the same organization.

Organizational Context

Raison d’être

The Office of the Director of Public Prosecutions (ODPP)Endnote iii, created on December 12, 2006, with the coming into force of the Director of Public Prosecutions Act, is an independent prosecution service mandated to prosecute offences under federal jurisdiction. On October 1, 2014, by virtue of the adoption of an Order in Council providing for the coming into force of amendments to the Canada Elections Act, the Office of the Commissioner of Canada Elections (OCCE) was formally transferred from Elections Canada to the ODPP. The Commissioner and the Director exercise their statutory duties independently from each other, even while operating within the same organization.

The Minister of Justice and Attorney General of Canada is responsible for this organization.

The first strategic outcome under the ODPP’s Program Alignment Architecture is that criminal and regulatory offences under federal law are prosecuted in an independent, impartial, and fair manner. The ODPP is responsible for:

The second strategic outcome is that compliance and enforcement activities under the Canada Elections Act and Referendum Act are conducted by the Commissioner of Canada Elections and his staff in a fair, impartial, and independent manner. Activities related to this mandate include:

Responsibilities

Public Prosecution Service of Canada (PPSC)

The PPSC undertakes key duties on behalf of the Attorney General of Canada and all Canadians. These key duties, to be carried out in an objective and non-partisan manner, are:

Areas of Prosecution

The PPSC prosecutes cases under federal statutes that are referred to it by the Royal Canadian Mounted Police (RCMP), other federal investigative agencies, and provincial and municipal police forces.

It is responsible for the prosecution of all drug offences initiated on behalf of the government of Canada under the Controlled Drugs and Substances Act, regardless of whether the charges are laid by a federal, provincial, or municipal police agency, in all provinces except Quebec and New BrunswickEndnote iv. In the latter two provinces, the PPSC is responsible for drug charges laid by the RCMP only.

In all provinces and territories, the PPSC prosecutes offences under federal statutes aimed at protecting the environment and natural resources as well as the country’s economic and social health (e.g., Fisheries Act, Income Tax Act, Copyright Act, Canada Elections Act, Canadian Environmental Protection Act, 1999, Competition Act, Customs Act, Excise Act, Excise Tax Act), offences involving fraud against the government, and capital market fraud offences, including conspiracies and attempts to violate any of these statutes. In total, the PPSC may be called upon to prosecute offences under 250 federal statutes. However, it routinely provides advice in relation to, and prosecutes offences under, approximately 40 of those statutes.

In the three territories, the PPSC prosecutes all Criminal Code offences as well as offences under all other federal legislation and certain territorial statutes. In the provinces, the PPSC has jurisdiction to prosecute certain Criminal Code offences, including those related to terrorism, criminal organizations, money laundering and proceeds of crime. Under arrangements with the provinces, the PPSC may prosecute Criminal Code offences that are otherwise within provincial jurisdiction when the accused also faces more serious charges within federal jurisdiction.

Performance information on each of these areas of prosecution is provided in Section II of this document.

The PPSC does not have authority to direct investigations. It responds to requests for prosecution-related advice from investigators. Such advice is crucial to ensure that investigative techniques and procedures are consistent with evolving rules of evidence and with protections under the Canadian Charter of Rights and Freedoms. The advantage of early prosecutorial advice is that it reduces the risk that investigative decisions, such as those about methods of obtaining evidence, will detrimentally affect the admissibility of evidence at trial or the constitutional rights of Canadians.

Office of the Commissioner of Canada Elections (OCCE)

The OCCE plays an important role in safeguarding Canadians’ trust in the democratic process. As an independent officer, the Commissioner of Canada Elections has the dual role of ensuring that both compliance with and enforcement of the Canada Elections Act and the federal Referendum Act are carried out with the aim of promoting the integrity of the electoral process.

The Commissioner is responsible for the investigation of offences and for making recommendations to the Director of Public Prosecutions with respect to the laying of charges under these two acts. The Commissioner exercises this mandate in accordance with these acts, other relevant statutory authorities and constitutional law, as well as applicable internal practices and policies.

Strategic Outcome(s) and Program Alignment Architecture

On October 1, 2014, by virtue of the adoption of an Order in Council providing for the coming into force of amendments to the Canada Elections Act, the OCCE was formally transferred from Elections Canada to the ODPP. To accommodate this transfer, the PPSC’s PAA was amended in 2014-15 to include a second Strategic Outcome comprising two programs.

1. Strategic Outcome: Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner.

1.1 Program: Drug, Criminal Code, and terrorism prosecution Program

1.2 Program: Regulatory offences and economic crime prosecution Program

2. Strategic Outcome: Compliance and enforcement activities under the Canada Elections Act and Referendum Act are conducted by the Commissioner of Canada Elections in an independent, impartial and fair manner.

2.1 Program: Compliance

2.2 Program: Enforcement

Internal Services

Organizational Priorities

Priority TypeTable note * Strategic Outcome and Programs
Excellence in Prosecution Management New

Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner.

Programs

  • Drug, Criminal Code, and terrorism prosecution program
  • Regulatory offences and economic crime prosecution program
Summary of Progress
  • The PPSC continued to review and implement recommendations identified in internal audit reports of regional offices with respect to file information systems and the assignment and management of prosecution files, including compliance with protocols for closing files and the capture of key information in iCase.
  • Collaboration with provincial counterparts on cases that involve matters under federal and provincial jurisdiction was continued in 2014-15. Such collaboration is of benefit to both prosecution services.
Priority Type Strategic Outcome and Programs
Employee Training and Development Ongoing

Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner.

Programs:

  • Drug, Criminal Code, and terrorism prosecution program
  • Regulatory offences and economic crime prosecution program
  • Internal Services
Summary of Progress
  • The Law Practice Management Division (Regulatory and Economic Crime Prosecutions and Practice Management Branch) and the Human Resources Directorate are working together to establish a learning and development framework for PPSC staff. The PPSC is currently analysing the impact of the framework and aligning its activities with the Canada School of Public Service’s new service delivery model which aims to focus its curriculum on core public service training, increase access to on-line and classroom curriculum, and standardize training for managers and executives.
  • Targeted legal training and development webinars were offered by the Ontario Regional Office, and made accessible to PPSC prosecutors across the country. Use of video link-up as well as WebEx technologies enabled the participation of approximately 100 PPSC prosecutors across Canada.
  • Mandatory training on the Canada Labour Code, Part II was offered online to all PPSC employees in 2014. The use of this medium allowed employees to have access to this training activity from any computer at any time. This approach was well received and resulted in a 100% completion rate across the country within a few months.
  • All newly-appointed managers and supervisors are scheduled for required training provided by the Canada School of Public Service. Training has also been provided to support the implementation of the new Directive on Performance Management. The PPSC is participating in the Canada School of Public Service pilot of the new government-wide Manager Development Program, which will be launched at a later date. Additional manager and supervisor training needs are being identified to refine learning roadmaps for these functions. Managers and supervisors continue to have access to individual leadership development training through individual learning plans.
Priority Type Strategic Outcome and Programs
Working Collaboratively with Investigative Agencies Ongoing

Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner.

Programs:

  • Drug, Criminal Code, and terrorism prosecution program
  • Regulatory offences and economic crime prosecution program
Summary of Progress
  • The RCMP has significantly increased the resources dedicated to national security and will be working closely with provincial and municipal police forces. As a result, there may be an increase in requests for advice from police services. The PPSC’s continuing overriding concerns are to address any public safety issue that arises using the legal tools available and to respond to requests for advice in a timely, efficient, and effective manner. To ensure the PPSC’s ability to react quickly at all times, two additional senior lawyers in each regional office have been designated to respond to requests from police services, supplementing the lawyers already so designated in each office.
  • The PPSC has taken steps to ensure ongoing communication and liaison with police and investigative agencies. It attends the RCMP’s weekly national priority-setting exercises and has a seat on the RCMP’s External Advisory Committee on the re-engineering of the force. Participation in these activities facilitates the PPSC’s ability to coordinate and prioritize the use of its resources according to stated investigative priorities, to confirm regional priorities and to better coordinate projects that span two or more regions. Chief Federal Prosecutors (CFPs) also maintain regular contacts with the heads or deputy heads of police forces, including the Criminal Operations Officers of the RCMP.
  • The PPSC sought feedback on the PPSC’s legal advice and other prosecution-related activities from the police and federal regulatory agencies that initiate most of the cases that the PPSC prosecutes. The objectives of the survey were to describe the possible impacts and results of these activities; to identify the factors that can contribute to more effective and efficient operational practices; and to confirm or identify strategies to strengthen the working relationship between the PPSC and investigative agencies. A final report on the findings will be distributed in fall 2015.

Risk Analysis

Key Risks
Risk Risk Response Strategy Link to Program Alignment Architecture
Legal capacity within the PPSC may become insufficient
  • Senior Management continued to monitor capacity levels of senior litigators and ensured that resources and workload of all legal staff were efficiently aligned.

Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner.

Programs

  • Drug, Criminal Code, and terrorism prosecution program
  • Regulatory offences and economic crime prosecution program
Capacity challenges faced by the criminal justice system may limit the PPSC’s ability to achieve its objectives.
  • The PPSC reviewed initiatives from various fora across Canada and the F/P/T Heads of Prosecution Committee for the purpose of identifying best practices.
  • The PPSC continued to offer training to police and other investigative agencies.

Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner.

Programs

  • Drug, Criminal Code, and terrorism prosecution program
  • Regulatory offences and economic crime prosecution program
PPSC staff may be subject to threats or intimidation or PPSC premises may be subject to violence.
  • The PPSC implemented its Employee Protection Plan.
  • The PPSC also offered training on security awareness and other related subjects to ensure that all staff have the tools they need to safely conduct their work.

Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner.

Programs

  • Drug, Criminal Code, and terrorism prosecution program
  • Regulatory offences and economic crime prosecution program

Actual Expenditures

Budgetary Financial Resources (dollars)
2014–15
Main Estimates
2014–15
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending
(authorities used)
Difference
(actual minus planned)
167,815,874 168,671,787 176,678,057 175,246,750 6,574,963
Human Resources (Full-Time Equivalents [FTEs])
2014–15
Planned
2014–15
Actual
2014–15
Difference
(actual minus planned)
1,000 962 -38
Budgetary Performance Summary for Strategic Outcome(s) and Program(s) (dollars)
Strategic Outcome(s), Program(s) and Internal Services 2014–15
Main Estimates
2014–15
Planned Spending
2015–16
Planned Spending
2016–17
Planned Spending
2014–15
Total Authorities Available for Use
2014–15
Actual Spending (authorities used)
2013–14
Actual Spending (authorities used)
2012–13
Actual Spending (authorities used)
Strategic Outcome 1: Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner.
Drug, Criminal Code, and terrorism prosecution program 129,925,298 130,561,345 133,913,203 130,449,723 133,030,252 133,019,792 137,105,995 122,714,750
Regulatory offences and economic crime prosecution programs 16,484,725 16,609,866 18,235,303 16,256,061 18,280,165 18,277,385 18,552,131 14,443,793
Subtotal 146,410,023 147,171,211 152,148,506 146,705,784 151,310,417 151,297,177 155,658,126 137,158,543
Strategic Outcome 2: Compliance and enforcement activities under Canada Elections Act and Referendum Act are conducted by the Commissioner of Canada Elections in an independent, impartial and fair manner.
Compliance - - 2,509,743 1,660,095 2,791,419 2,778,230 - -
Enforcement - - 1,673,161 1,106,730 478,765 470,170 - -
Subtotal - - 4,182,904 2,766,825 3,270,184 3,248,400 - -
Internal Services Subtotal 21,405,851 21,500,576 22,727,313 19,660,112 22,097,456 20,701,173 29,635,415 26,208,280
Total 167,815,874 168,671,787 179,058,723 169,132,721 176,678,057 175,246,750 185,293,541 163,366,823

Note: The PPSC has the authority to recover amounts from other departments for the provision of prosecution services. The spending amounts presented in the table above are net of revenues.

The variances between the fiscal years are described below:

Alignment of Spending With the Whole-of-Government Framework

Alignment of 2014-15 Actual Spending With the Whole-of-Government FrameworkEndnote v (dollars)
Strategic Outcome Program Spending Area Government of Canada Outcome 2014-15
Actual Spending
1. Criminal and regulatory offences under federal law are prosecuted in an independent, impartial, and fair manner 1.1 Drug, Criminal Code, and terrorism prosecution program Social affairs A safe and secure Canada 133,019,792
1.2 Regulatory offences and economic crime prosecution program Social affairs A safe and secure Canada 18,277,385
2. Compliance and enforcement activities under the Canada Elections Act and Referendum Act are conducted by the Commissionaire of Canada Elections in an independent, impartial and fair manner 2.1 Compliance Government Affairs Strong and Independent Democratic Institutions 2,778,230
2.2 Enforcement Government Affairs Strong and Independent Democratic Institutions 470,170
Total Spending by Spending Area (dollars)
Spending Area Total Planned Spending Total Actual Spending
Social affairs 147,171,211 151,297,177
Government affairs 0 3,248,400

Departmental Spending Trend

Departmental Spending Trend Graph (Dollars)
  2012-13 2013-14 2014-15 2015-16 2016-17 2017-18
Total Spending 163,366,823 185,293,541 175,246,750 179,058,723 169,132,721 169,132,721
  2012-13 2013-14 2014-15 2015-16 2016-17 2017-18
Sunset Programs - Anticipated 0 0 0 0 0 0
Statutory 15,199,452 17,671,807 19,259,475 21,419,841 20,069,934 20,069,934
Voted 148,167,371 167,621,734 155,987,275 157,638,882 149,062,787 149,062,787
Total Spending 163,366,823 185,293,541 175,246,750 179,058,723 169,132,721 169,132,721

Expenditures by Vote

For information on the PPSC’s organizational Votes and statutory expenditures, consult the Public Accounts of Canada 2015,Endnote vi which is available on the Public Works and Government Services Canada website.Endnote vii

Section II: Analysis of Programs by Strategic Outcome

Strategic Outcome 1: Criminal and regulatory offences under federal law are prosecuted in an independent, impartial and fair manner.

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

Judicial stays for abuse of process involve a disposition where the court does not allow a prosecution to proceed because of objectionable police or prosecutorial conduct and/or a violation of the rights of the accused.

Plaintiffs suing Crown prosecutors for malicious prosecution must prove, among other matters, that the prosecution was undertaken without reasonable and probable cause, and the defendant was motivated by malice or a primary purpose other than that of carrying the law into effect.

Complaints regarding the PPSC’s independence, impartiality or fairness may be made to the courts or to the PPSC under its Complaints Policy. The PPSC Complaints Policy came into effect in October 2012, and is available on the PPSC’s websiteEndnote viii.

Programs

The role of a prosecutor is not to win a conviction at any cost but to put before the court all available, relevant, and admissible evidence necessary to enable the court to determine the guilt or innocence of the accused. Hence, the performance indicators and results for both the Drug, Criminal Code and terrorism prosecution Program (P 1.1) and the Regulatory offences and economic crime prosecution Program (P 1.2) are based on the extent to which prosecutions result in a determination on the merits of the evidence.

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

Cases not decided on the merits are those that are stayed or quashed by the Court, and for which, as a result, there is no outcome decided by a judge or jury based on the evidence of guilt or innocence. A judicially imposed stay will generally mean discontinuance or permanent suspension of the proceedings.

Program 1.1: Drug, Criminal Code, and terrorism prosecution Program

Description: This program supports the protection of Canadian society against crime through the provision of legal advice and litigation support during police investigations, and the prosecution of: all drug offences under the Controlled Drugs and Substances Act and any related organized crime offences throughout Canada, except in Quebec and New Brunswick, where the Office of the Director of Public Prosecutions prosecutes such offences only where charges are laid by the Royal Canadian Mounted Police; proceeds of crime offences; pursuant to understandings with the provinces, Criminal Code offences where they are related to drug charges; all Criminal Code offences in the three territories; terrorism offences; and war crimes and crimes against humanity offences. This program activity also involves the promotion of federal/provincial/territorial cooperation on criminal justice issues of mutual concern.

Budgetary Financial Resources (dollars)
2014–15
Main Estimates
2014–15
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending
(authorities used)
2014–15
Difference
(actual minus planned)
129,925,298 130,561,345 133,030,252 133,019,792 2,458,477
Human Resources (Full-Time Equivalents [FTEs])
2014–15
Planned
2014–15
Actual
2014–15
Difference
(actual minus planned)
695 677 -18
Performance Results
Expected Results Performance Indicators Targets Actual ResultsTable note *
Litigation files that are prosecuted are decided on merit Percentage of all litigation files that are decided on merit (i.e., by most serious outcome of guilty plea, guilty plea (other / lesser offence), conviction, conviction (other / lesser offence), withdrawal, stay of proceedings (Crown), prelim discharge and guilt discharge and acquittal N/a
Decisions # of Files % of total files
Total: 28,586 100.00%
Guilty Plea 16,129 56.42%
Guilty Plea (Other/Lesser Off.) 1,066 3.73%
Conviction 993 3.47%
Conviction (Other/Lesser Off.) 101 0.35%
Prelim Discharge 219 0.77%
Guilt Discharge 164 0.57%
Withdrawal of Charge 6,455 22.58%
Stay of Proceedings (Crown) 2,910 10.18%
Acquittal 549 1.92%
Disposition of cases that are not decided on merit Percentage of litigation files not decided on merit: judicial stay of proceedings N/a
Decisions # of Files % of total files
Total: 19 100.00%
Judicial Stay of Proceedings 19 100.00%
Performance Analysis and Lessons Learned

Drug prosecution files represent a significant proportion of the PPSC’s total caseload. In 2014–15, the PPSC handled 64,464 prosecution files related to offences under the Controlled Drugs and Substances Act (CDSA). Of those, 37,520 files were new and 26,944 were carried over from previous years. These prosecutions vary greatly in complexity, ranging from simple cases of possession of small quantities of marihuana to complex schemes to import large quantities of cocaine or to manufacture methamphetamine for domestic use or for export.

High-complexity drug cases required a significant amount of PPSC resources. These prosecutions typically involved challenges to the conduct of the investigation, the constitutionality of the legislation, disclosure, allegations of abuse of process, and unreasonable delay. While high-complexity files represented only 2.35% of staff counsel’s drug caseload in 2014–15, they took up 36.24% of the time dedicated to drug prosecutions.

Trafficking in drugs is one of the key activities of many organized crime groups. Cases involving criminal organizations have remained high in recent years, largely as a result of the continuing focus by police forces on the investigation of such organizations. In 2014–15, the PPSC handled 520 serious drug offence-related files that included an organized crime element. Over the past year, PPSC prosecutors provided advisory assistance to police in respect of a number of significant organized crime investigations.

The investigation and prosecution of terrorism offences bring together the efforts of law enforcement, intelligence agencies, and prosecution services. To fulfill its mandate in this area, the PPSC engages in ongoing communication with investigative agencies and takes their operational requirements into account when allocating resources. The Project Samossa prosecution in Ottawa was completed in 2014. One individual pleaded guilty to an explosives-related terrorism offence and received a 24-year jail sentence. Another individual was convicted by a jury of two of three related terrorism offences and sentenced to 12 years in jail. In March 2015, two individuals were found guilty of conspiring to commit murder in association with a terrorist group. The second individual was also found guilty of conspiring to interfere with transportation facilities for the benefit of a terrorist group. That charge related to a plan to derail a VIA Rail passenger train travelling between New York and Toronto. Sentencing hearings will begin later in 2015.

In Canada’s three northern territories, the PPSC prosecutes all Criminal Code offences, in addition to offences under other federal legislation and, under arrangements with the territories, certain offences under territorial legislation. In 2014–15, the PPSC was responsible for 8,516 files in the territories. Of these files, 7,967 involved Criminal Code offences (including 46 homicide or attempted murder files), 459 files involved drug offences, 133 files involved regulatory offences, and 221 files involved territorial offences. The total includes 6,174 new files and 2,342 carried over from previous years. Some of the files involved multiple offences.

The PPSC regularly deals with serious violent crime and repeat offences in the northern territories. In all northern regional offices, dedicated paralegals have been assigned to help manage applications for dangerous offender and long-term offender designations. For example, in the Yukon the PPSC successfully applied for dangerous offender designations relating to three persons, two of whom were convicted of sexual assaults and one who was convicted of spousal violence. In addition, a long-term offender application was granted following a conviction for attempted murder of an RCMP officer and robbery.

The Federal-Provincial-Territorial Heads of Prosecutions Committee brings together the leaders of Canada’s prosecution services to promote assistance and to cooperate on operational issues. The DPP is permanent co-chair of the Committee and the PPSC acts as its secretariat. The Committee held two meetings in 2014. The first was held in Halifax in May, and was organized jointly with the Canadian Military Prosecution Service. The second, held in Charlottetown in October, was organized jointly with the Crown Attorney’s Office of Prince Edward Island and featured the National Prosecution Awards Ceremony.

Additional information on performance under this program, including outreach activities, can be found in the PPSC Annual Report 2014-15Endnote ix on the PPSC’s website, under Publications.

Program 1.2: Regulatory offences and economic crime prosecution Program

Description: This program supports the protection of Canadian society against crime through the provision of legal advice and litigation support to federal investigative agencies, and the prosecution of offences under federal statutes aimed at protecting the environment and natural resources as well as the country’s economic and social health (e.g., Fisheries Act; Income Tax Act; Copyright Act; Canada Elections Act; Canadian Environmental Protection Act, 1999; Competition Act; Customs Act; Excise Act; and the Excise Tax Act); offences involving fraud against the government; capital market fraud offences; and any organized crime offences related to the foregoing offences. This program also includes the recovery of outstanding federal fines and the promotion of federal/provincial/territorial cooperation on criminal justice issues of mutual concern.

Budgetary Financial Resources (dollars)
2014–15
Main Estimates
2014–15
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending
(authorities used)
2014–15
Difference
(actual minus planned)
16,484,725 16,609,866 18,280,165 18,277,385 1,667,519
Human Resources (Full-Time Equivalents [FTEs])
2014–15
Planned
2014–15
Actual
2014–15
Difference
(actual minus planned)
171 158 -13
Performance Results
Expected Results Performance Indicators Targets Actual ResultsTable note *
Litigation files that are prosecuted are decided on merit Percentage of all litigation files that are decided on merit (i.e., by most serious outcome of guilty plea, guilty plea (other / lesser offence), conviction, conviction (other / lesser offence), withdrawal, stay of proceedings (Crown), prelim discharge, guilt discharge, and acquittal N/a
Decisions # of Files % of total files
Total: 2,399 100.00%
Guilty Plea 1,701 70.90%
Guilty Plea (Other/Lesser Off.) 17 0.71%
Conviction 353 14.71%
Conviction (Other/Lesser Off.) 0 0.00%
Prelim Discharge 10 0.42%
Guilt Discharge 2 0.08%
Withdrawal of Charge 143 5.96%
Stay of Proceedings (Crown) 108 4.50%
Acquittal 65 2.71%
Disposition of cases that are not decided on merit Percentage of litigation files not decided on merit: judicial stay of proceedings N/a
Decisions # of Files % of total files
Total: 0 100.00%
Judicial Stay of Proceedings 0 100.00%
Performance Analysis and Lessons Learned

This program provides prosecution services related to legislation aimed at protecting the environment and the safety, health, economic security, and general welfare of the public. In addition to the imposition of fines and sentences of imprisonment, these cases can result in the imposition of measures designed to enhance public health and safety, improve the management and protection of environmental resources, or discourage financial and economic malfeasance. In 2014–15, the PPSC handled 2,313 files involving regulatory and economic offences.

The PPSC retains the services of private-sector lawyers as agents to conduct prosecutions where it does not have a regional office or where it is impractical or otherwise not cost-effective for staff counsel to handle cases. In 2014–15, 43,246 files of the total PPSC caseload were handled by agents. Of these, 24,295 were new files and 18,951 were carried over from previous years. The Agent Affairs Program is responsible for ensuring that agents provide high-quality legal services at a reasonable cost. Each of the PPSC’s regional offices (with the exception of the northern regional offices) has an Agent Supervision Unit to handle the day-to-day supervision of agents and to support them in their work.

The PPSC is responsible for the prosecution of offences under the Canada Elections Act. The Commissioner of Canada Elections (CCE) refers cases to the PPSC when the CCE believes on reasonable grounds that an offence under the Act has been committed. Based on his review of the file, the DPP decides whether to initiate a prosecution. PPSC prosecutors also provide legal advice to the CCE during the investigative stage. In August, 2014, an individual was found guilty of one offence under the Canada Elections Act. He had been charged in April 2013 with wilfully preventing or endeavouring to prevent an elector from voting in the 2011 federal general election. He was sentenced to nine months in prison plus 12 months of probation. Both the individual and the PPSC have appealed the sentence.

In 2014–15, the PPSC continued to provide pre-charge advice and training to RCMP units engaged in the investigation of offences under the Corruption of Foreign Public Officials Act (CFPOA). Several cases are currently ongoing including: a case related to bribes allegedly to be paid to officials in Bangladesh in order to secure a contract; one case relates violations of the CFPOA in the course of bidding on contracts in India; and another case relates to the alleged payment of bribes to secure an advantage for the company in relation to major construction projects in Libya. Each of these prosecutions is in its early stages.

The PPSC is responsible for administering the National Fine Recovery Program under the terms of an assignment issued by the Attorney General of Canada in 2007. The program recovers outstanding court-ordered fines under federal statutes. A request for proposal has been issued to outsource part of the collection process to a private collection agency, and a privacy impact assessment has been completed to ensure that Canadians’ privacy rights are protected.

In 2014, the PPSC School for Prosecutors delivered three courses: two week-long training courses — one for junior counsel, the other for senior counsel — and a three-day legal writing course. The teaching methods included a combination of lectures, seminars, panel discussions, and small group problem solving and workshop sessions.

During 2014–15, the PPSC continued to support and advance external relations with national and international stakeholders involved in the law. PPSC staff provided training to police associations, students at educational institutions, and other government departments on prosecution-related topics throughout the year.

Additional information on performance under this program, including outreach activities, can be found in the PPSC Annual Report 2014-15,Endnote x which is available on the PPSC’s website, under Publications.

Strategic Outcome 2: Compliance and enforcement activities under the Canada Elections Act and Referendum Act are conducted by the Commissioner of Canada Elections in an independent, impartial and fair manner.

Program 2.1: Compliance

Description: This program supports the integrity of Canada’s electoral process by enabling the Commissioner of Canada Elections to ensure compliance with the Canada Elections Act and the Referendum Act. This includes the use of non-punitive and informal corrective measures in response to certain situations of non-compliance and the conclusion of compliance agreements with offenders.

Budgetary Financial Resources (dollars)
2014–15Table note *
Main Estimates
2014–15Table note *
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending
(authorities used)
2014–15
Difference
(actual minus planned)
0 0 2,791,419 2,778,230 2,778,230


Human Resources (Full-Time Equivalents [FTEs])
2014–15
Planned
2014–15
Actual
2014–15
Difference
(actual minus planned)
0 6 6
Performance Results

The Office of the Commissioner of Canada Elections (OCCE) was formally transferred from Elections Canada to the Public Prosecution Service of Canada (PPSC) on October 1, 2014. Therefore, this program was not part of the PPSC’s 2014-15 Report on Plans and Priorities.

Performance Analysis and Lessons Learned

The OCCE experiences significant fluctuations in the volume and type of compliance-related cases it receives throughout any given fiscal year. These fluctuations are largely attributable to the election cycle, with increases in the number of complaints, and, by extension, instances of non-compliance, during and immediately following the election period.

In 2014-15, the OCCE closed 278 files, and 275 files were still in progress at the end of the fiscal year. These numbers are consistent with the steady decrease in the number of cases handled by the office in the years following the 2011 General Election. Given that the OCCE’s previous reporting requirements under Elections Canada did not distinguish between the compliance and enforcement program areas, further division of these totals by program area is difficult to establish. Exceptions exist, however, in cases where the outcomes of the OCCE’s investigative work were made public.

Program 2.2: Enforcement

Description: This program supports the integrity of Canada’s electoral process by enabling the Commissioner of Canada Elections to act in an independent manner in conducting investigations under the Canada Elections Act and the Referendum Act, and taking enforcement measures to respond to situations of non-compliance. This also includes deciding which matters will be referred to the Director of Public Prosecutions for possible prosecution and what charges will be recommended.

Budgetary Financial Resources (dollars)
2014–15Table note *
Main Estimates
2014–15Table note *
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending
(authorities used)
2014–15
Difference
(actual minus planned)
0 0 478,765 470,170 470,170


Human Resources (Full-Time Equivalents [FTEs])
2014–15
Planned
2014–15
Actual
2014–15
Difference
(actual minus planned)
0 4 4
Performance Results

The Office of the Commissioner of Canada Elections (OCCE) was transferred from Elections Canada to the Public Prosecution Service of Canada (PPSC) on October 1, 2014. Therefore, this program was not part of the PPSC’s 2014-15 Report on Plans and Priorities.

Performance Analysis and Lessons Learned

If the Commissioner believes on reasonable grounds that an offence has been committed under the Canada Elections Act, he may refer the matter to the Director of Public Prosecutions, who has sole authority to decide whether charges will be laid. In 2014-015, charges were laid against two individuals for knowingly concealing or attempting to conceal the identity of the source of a contribution and knowingly circumventing the campaign contribution limit for an individual donor.

The Canada Elections Act largely prevents the OCCE from revealing details of its investigative work. Notwithstanding these limitations, the OCCE delivered on its commitment to promote reasonable, appropriate, and lawful levels of transparency in its processes through the publication of its annual report. The report is available on the OCCE Web site and as an annex to the PPSC Annual Report 2014–15.

Internal Services

Description

Internal Services are groups of related activities and resources that are administered to support the needs 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 Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not those provided to a specific program.

Budgetary Financial Resources (dollars)
2014–15
Main Estimates
2014–15
Planned Spending
2014–15
Total Authorities
Available for Use
2014–15
Actual Spending
(authorities used)
2014–15
Difference
(actual minus planned)
21,405,851 21,500,576 22,097,456 20,701,173 (799,403)
Human Resources (FTEs)
2014–15
Planned
2014–15
Actual
2014–15
Difference
(actual minus planned)
134 117 -17

Performance Analysis and Lessons Learned

The Administration Services Division is responsible for the delivery of programs and services in the areas of facilities management, security, information management and technology, occupational health and safety, and informal conflict management. Key activities undertaken in 2014–15 included:

The Finance and Acquisitions Directorate provides services in acquisition management, resource management, accounting management, policy, and quality assurance to the PPSC. In addition to fulfilling its ongoing commitments in financial management and acquisitions, the directorate:

A reorganization of the Human Resources Directorate (HRD) occurred in June 2014. The Human Resources Administration Unit (HRAU) was created to provide administrative support to HRD programs and services in the following areas: awards and recognition, fast-track human resources (HR), HR reporting, HR requests and general inquiries, required training, training self-service, and official languages.

Section III: Supplementary Information

Financial Statements Highlights

Condensed Statement of Operations (unaudited)
For the Year Ended March 31, 2015
(dollars)
Financial Information 2014–15
Planned
Results
2014–15
Actual
2013–14
Actual
Difference
(2014–15 actual minus 2014–15 planned)
Difference
(2014–15 actual minus 2013–14 actual)
Total expenses 208,234,000 213,720,047 210,830,869 5,486,047 2,889,178
Total revenues 22,742,000 21,431,346 22,911,311 (1,310,654) (1,479,965)
Net cost of operations before government funding and transfers 185,492,000 192,288,701 187,919,558 6,796,701 4,369,143

*Revenues do not include the revenue from the collection of fines, forfeitures and court costs which is non-respendable revenue.

Expenses by type

The total expenses in 2014-15 ($213.7 million) have increased by $2.9 million (or 1.4%) compared with the expenses in 2013-14 ($210.8 million). This is mainly due to an accounting adjustment related to the curtailment of the severance benefits plan of most public servants in 2013-14.

During 2014-15, the PPSC had the following major categories of expenses:

Revenue by type

The total revenues earned in 2014-15 ($22.9 million) have decreased by $1.4 million (or 6%) compared with the revenues in 2013-14 ($24.3 million). During 2014-15 the PPSC had the following revenue categories:

Condensed Statement of Financial Position (unaudited)
As at March 31, 2015
(dollars)
Financial Information 2014–15 2013–14 Difference
(2014–15 minus
2013–14)
Total net liabilities 38,103,996 31,973,772 6,130,224
Total net financial assets 25,406,713 26,553,415 (1,146,702)
Departmental net debt 12,697,283 5,420,357 7,276,926
Total non-financial assets 13,097,504 12,893,645 203,859
Departmental net financial position 400,221 7,473,288 (7,073,067)

Assets by type

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

Liabilities by type

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

Financial Statements

The PPSC’s financial statements can be found on its website under PublicationsEndnote xi.

Supplementary Information Tables

The supplementary information tables listed in the 2014–15 Departmental Performance Report are available on the PPSC’s websiteEndnote xii.

Tax Expenditures and Evaluations

The tax system can be used to achieve public policy objectives through the application of special measures such as low tax rates, exemptions, deductions, deferrals, and credits. The Department of Finance Canada publishes cost estimates and projections for these measures annually in the Tax Expenditures and EvaluationsEndnote xiii publication. The tax measures presented in the Tax Expenditures and Evaluations publication are the responsibility of the Minister of Finance.

Section IV: Organizational Contact Information

Public Prosecution Service of Canada
160 Elgin Street – 12th Floor
Ottawa, Ontario K1A 0H8
613-957-7772
1-877-505-7772

info@ppsc.gc.ca

Office of the Commissioner of Canada Elections
22 Eddy Street
Gatineau, Quebec K1A 0M6
1-855-759-6740
info@cef-cce.gc.ca

Appendix: Definitions

appropriation (crédit):
Any authority of Parliament to pay money out of the Consolidated Revenue Fund.
budgetary expenditures (dépenses budgétaires):
Includes operating and capital expenditures; transfer payments to other levels of government, organizations or individuals; and payments to Crown corporations.
Departmental Performance Report (rapport ministériel sur le rendement):
Reports on an appropriated organization’s actual accomplishments against the plans, priorities and expected results set out in the corresponding Report on Plans and Priorities. These reports are tabled in Parliament in the fall.
full-time equivalent (équivalent temps plein):
Is a measure of the extent to which an employee represents a full person-year charge against a departmental budget. Full-time equivalents are calculated as a ratio of assigned hours of work to scheduled hours of work. Scheduled hours of work are set out in collective agreements.
Government of Canada outcomes (résultats du gouvernement du Canada):
A set of 16 high‑level objectives defined for the government as a whole, grouped in four spending areas: economic affairs, social affairs, international affairs and government affairs.
Management, Resources and Results Structure (Structure de la gestion, des ressources et des résultats):
A comprehensive framework that consists of an organization’s inventory of programs, resources, results, performance indicators and governance information. Programs and results are depicted in their hierarchical relationship to each other and to the Strategic Outcome(s) to which they contribute. The Management, Resources and Results Structure is developed from the Program Alignment Architecture.
non-budgetary expenditures (dépenses non budgétaires):
Includes net outlays and receipts related to loans, investments and advances, which change the composition of the financial assets of the Government of Canada.
performance (rendement):
What an organization did with its resources to achieve its results, how well those results compare to what the organization intended to achieve and how well lessons learned have been identified.
performance indicator (indicateur de rendement):
A qualitative or quantitative means of measuring an output or outcome, with the intention of gauging the performance of an organization, program, policy or initiative respecting expected results.
performance reporting (production de rapports sur le rendement):
The process of communicating evidence-based performance information. Performance reporting supports decision making, accountability and transparency.
planned spending (dépenses prévues):
For Reports on Plans and Priorities (RPPs) and Departmental Performance Reports (DPRs), planned spending refers to those amounts that receive Treasury Board approval by February 1. Therefore, planned spending may include amounts incremental to planned expenditures presented in the Main Estimates.

A department is expected to be aware of the authorities that it has sought and received. The determination of planned spending is a departmental responsibility, and departments must be able to defend the expenditure and accrual numbers presented in their RPPs and DPRs.
plan (plan):
The articulation of strategic choices, which provides information on how an organization intends to achieve its priorities and associated results. Generally a plan will explain the logic behind the strategies chosen and tend to focus on actions that lead up to the expected result.
priorities (priorité):
Plans or projects that an organization has chosen to focus and report on during the planning period. Priorities represent the things that are most important or what must be done first to support the achievement of the desired Strategic Outcome(s).
program (programme):
A group of related resource inputs and activities that are managed to meet specific needs and to achieve intended results and that are treated as a budgetary unit.
Program Alignment Architecture (architecture d’alignement des programmes):
A structured inventory of an organization’s programs depicting the hierarchical relationship between programs and the Strategic Outcome(s) to which they contribute.
Report on Plans and Priorities (rapport sur les plans et les priorités):
Provides information on the plans and expected performance of appropriated organizations over a three-year period. These reports are tabled in Parliament each spring.
result (résultat):
An external consequence attributed, in part, to an organization, policy, program or initiative. Results are not within the control of a single organization, policy, program or initiative; instead they are within the area of the organization’s influence.
statutory expenditures (dépenses législatives):
Expenditures that Parliament has approved through legislation other than appropriation acts. The legislation sets out the purpose of the expenditures and the terms and conditions under which they may be made.
Strategic Outcome (résultat stratégique):
A long-term and enduring benefit to Canadians that is linked to the organization’s mandate, vision and core functions.
sunset program (programme temporisé):
A time-limited program that does not have an ongoing funding and policy authority. When the program is set to expire, a decision must be made whether to continue the program. In the case of a renewal, the decision specifies the scope, funding level and duration.
target (cible):
A measurable performance or success level that an organization, program or initiative plans to achieve within a specified time period. Targets can be either quantitative or qualitative.
voted expenditures (dépenses votées):
Expenditures that Parliament approves annually through an Appropriation Act. The Vote wording becomes the governing conditions under which these expenditures may be made.
whole-of-government framework (cadre pangouvernemental):
Maps the financial contributions of federal organizations receiving appropriations by aligning their Programs to a set of 16 government-wide, high-level outcome areas, grouped under four spending areas.
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