Report on Plans and Priorities 2015–16

ISSN 2292–3969

Table of Contents

Message from the Director of Public Prosecutions

I am pleased to present the 2015–16 Report on Plans and Priorities for the Public Prosecution Service of Canada (PPSC).

The PPSC’s mandate is to prosecute cases under federal law free from any improper influence, and to provide high-quality legal advice to investigative agencies.

This report describes how the PPSC plans to meet that mandate over the coming year. For the first time, the report also includes the plans and priorities of the Office of the Commissioner of Canada Elections (OCCE), which is now part of the PPSC, although the two organizations continue to operate independently of each other.

The report sets out how the PPSC and the OCCE will deliver on their respective mandates over the coming year, and describes the strategic organizational priorities identified to facilitate that work. The PPSC has renewed its priorities for 2015–16, and will continue to build on the success of the past year in ensuring prosecution files are well managed, all PPSC employees have access to appropriate training and development opportunities, and that relationships with investigative agencies continue to be collaborative and effective.

The PPSC has also identified mitigation strategies to address the challenges it faces as an organization. These challenges include the ongoing risk of threats and intimidation arising from prosecution work, and challenges to the capacity of the PPSC and the criminal justice system as a whole to address the volume and complexity of criminal prosecutions. In meeting these challenges, as in all of their work, PPSC employees are guided by the organization’s key values of respect, integrity, excellence, and leadership.



Brian Saunders, Q.C.
Director of Public Prosecutions

Message from the Commissioner of Canada Elections

I am pleased to submit, for the first time as part of the Office of the Director of Public Prosecutions, the Office of the Commissioner of Canada Elections (OCCE) 2015-16 Report on Plans and Priorities.

During 2014-15, we continued to focus our efforts on our raison d'être: ensuring compliance with, and enforcement of, the Canada Elections Act. As we look towards 2015-16 and the upcoming general election, our focus will be on ensuring the proper resources are in place to effectively and efficiently carry out our investigative work both during and after the election period.

We have also identified certain risk factors associated with an increasing number of complaints and the sharing of information between like-minded organizations and enforcement bodies. This report outlines the strategies currently under development to address these challenges with a view to maintaining investigative excellence and the integrity of the electoral process.



Yves Côté, Q.C.
Commissioner of Canada Elections

Section I: Organizational Expenditure Overview

Organizational Profile

Legal Title: Office of the Director of Public Prosecutions

Appropriate Minister: The Honourable Peter MacKay

Institutional Head: Brian Saunders, Director of Public Prosecutions

Ministerial Portfolio: Justice

Enabling Instruments:

Year of Incorporation / Commencement: 2006

Other: 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 was formally 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 a federal, provincial, or municipal police agency lays the charges, 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) along with 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 constitutional rights of Canadians or the admissibility of evidence at trial.

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’ dual roles of ensuring compliance with, and enforcement of, the Canada Elections Act and the federal Referendum Act, are carried out with the aim of promoting the integrity of the electoral process.

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

Strategic Outcomes and Program Alignment Architecture

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

Public Prosecution Service of Canada

Priority TypeEndnote 1 Strategic Outcome and Programs
Excellence in Prosecution Management Previously committed to

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
Description

Why is this a priority?

The volume and complexity of criminal prosecutions require the continued management of available PPSC prosecutorial resources

What are the plans for meeting this priority?

The PPSC focuses on improving prosecution management practices, from the way files are assigned to how they are managed and tracked throughout the lifecycle of a prosecution. It also focuses on learning from best practices and recommendations developed by its partners and international and provincial counterparts. The specific plans for meeting this priority include the following:

  • Review of case management system, including standardizing usage and best practices, and ensuring data security.
  • Comprehensive review and recommendations with respect to the management of prosecution files, and implementation of the management action plan of the internal audit on file compliance conducted in late 2014-15.
  • Review initiatives from various fora across Canada and the Federal/Provincial/Territorial Heads of Prosecution Committee for the purposes of identifying best practices.
  • Implement modern technologies for efficiency, mobility and interoperability with our partners (within the frameworks of Government of Canada and PPSC IT directives and policies).
  • Use of joint federal/provincial prosecution teams where practicable.
  • Promote US/Canadian prosecutorial meetings to increase collaboration on trans-boundary cases.
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
Description

Why is this a priority?

Providing staff with access to the learning and development tools and opportunities they need to improve their skills and further their professional development contributes to their ability to effectively tackle the complex challenges of today’s prosecutions and operational requirements.

What are the plans for meeting this priority?

  • Finalize the implementation of a framework for enabling formal and informal employee learning and development in both the legal and non-legal employment streams
  • Establish networks for administrative staff for knowledge sharing to assist in identifying and addressing administrative needs and concerns.
  • Ongoing and targeted legal training and development, particularly with regard to the mandatory training required by law societies.
  • Continue to use available user-friendly learning tools including Webinars, e‑learning, practical on-the-job training to promote access to development and learning opportunities to a broader cross-section of employees.
  • Ensure that managers and supervisors receive pertinent management training.
  • Provide training on harassment and discrimination issues, both for managers and employees.
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
Description

Why is this a priority?

To be effective and efficient as a national prosecutor, the PPSC will continue to strengthen its relationships with investigative agencies by ensuring effective communication at both the local and national levels. It will continue to work collaboratively to ensure consistency and completeness in the investigation files sent to the PPSC and in the legal advice provided by the PPSC.

What are the plans for meeting this priority?

  • The PPSC has already made significant progress in broadening the use of the Report to Crown Counsel by the police and other investigative agencies to standardize the information provided to the Crown for court proceedings. It will continue to promote the Report’s use to help ensure ongoing consistency and completeness in the investigation files sent to the PPSC.
  • The PPSC will work in collaboration with investigative agencies to make pre-charge legal advice available in order to better support their work. This collaborative effort will also allow the PPSC and investigative agencies to develop training programs for investigators in keeping with the demands arising from current trends in the law and the ongoing evolution of investigative tools and techniques.
  • In 2014-15, as a follow-up to the 2008 survey of investigative agencies, the PPSC distributed questionnaires to investigative agencies and police services in the provinces and in the territories to seek feedback on the factors that affect investigator perceptions of PPSC services. The survey results will be used to identify possible strategies to further enhance these services and the PPSC’s working relationship with investigative agencies.
  • The PPSC will continue to ensure ongoing communication and liaison with police and investigative agencies, both at the national and local levels and at the management and front-line levels, to discuss overall enforcement priorities and directions, upcoming investigations, project files, and any other matters of mutual interest.

Office of the Commissioner of Canada Elections

Priority Type Strategic Outcome and Programs
Preparation for the 2015 General Election New

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.

Programs

  • Compliance
  • Enforcement
  • Internal Services
Description

Why is this a priority?

The OCCE is mandated to ensure compliance with, and enforcement of, the Canada Elections Act. The OCCE must be prepared to receive, assess and deal with numerous complaints. This may result in compliance measures being taken or in criminal investigations which could lead to recommendations that charges be laid. This is particularly important during and immediately following an electoral event.

What are the plans for meeting this priority?

  • Leading up to the 2015 general election, the OCCE will invest in training for a pool of qualified bilingual investigators, existing investigators and other OCCE staff who assist the Commissioner in fulfilling his mandate.
  • The OCCE will formalize processes for sharing of information between Elections Canada and OCCE communications and public enquiries personnel.
Priority Type Strategic Outcome and Programs
Investigative Excellence New

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.

Programs

  • Compliance
  • Enforcement
  • Internal Services
Description

Why is this a priority?

This priority focuses on ensuring the ongoing effectiveness of the OCCE as an investigative body capable of operating within a dynamic and politically charged environment. Through ongoing modernization initiatives and improvements to the quality of investigative tools, the OCCE will ensure that investigations continue to be managed fairly, efficiently and objectively.

What are the plans for meeting this priority?

  • In 2015-16, the OCCE will finalize the implementation of new case tracking software. The tool will improve tracking of complaints and referrals and will generate more robust statistical data, leading to more focused allocation of resources.
  • The OCCE will continue to develop and implement tools to assist investigators with information gathering.
  • Ongoing and targeted training and development for investigators and other OCCE staff, particularly with regard to investigative approaches and legislative changes.

Risk Analysis

Key Risks

Public Prosecution Service of Canada

Risk Risk Response Strategy Link to Program Alignment Architecture
Capacity within the PPSC to address legal issues may become insufficient
  • Senior Management will continue to monitor capacity levels of senior litigators and ensure that resources and workload of all legal staff are 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 will review initiatives from various fora across Canada and the Federal/Provincial/Territorial (FPT) Heads of Prosecution Committee for the purposes of identifying best practices.
  • The PPSC will continue to offer training for 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 will finalize the implementation of its Employee Protection Plan.
  • The PPSC will also offer training on security awareness and in other areas to ensure 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

Office of the Commissioner of Canada Elections

Risk Risk Response Strategy Link to Program Alignment Architecture
Investigative capacity may become insufficient
  • The OCCE will measure capacity levels of investigators against the volume of complaints to ensure adequate resources.
  • The OCCE will train a pool of qualified investigators to meet increased demand.

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.

Programs

  • Compliance
  • Enforcement
  • Internal Services
Information sharing between Elections Canada, the Canadian Radio-television and Telecommunications Commission and the OCCE may be inefficient or untimely.
  • The OCCE will develop protocols with Elections Canada and the Canadian Radio-television and Telecommunications Commission to ensure the proper and timely flow of information between it and them and, in particular, to ensure that misdirected complaints are promptly redirected to the appropriate organization.

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.

Programs

  • Compliance
  • Enforcement
  • Internal Services

Planned Expenditures

Budgetary Financial Resources (dollars)
2015–16
Main Estimates
2015–16
Planned Spending
2016–17
Planned Spending
2017–18
Planned Spending
170,718,195 179,058,723 169,132,721 169,132,721
Human Resources (Full-Time Equivalents [FTEs])
2015–16 2016–17 2017–18
980 980 980
Budgetary Planning Summary for Strategic Outcomes and Programs (dollars)
Strategic Outcome(s), Program(s) and Internal Services 2012–13
ExpendituresEndnote 2
2013–14
ExpendituresEndnote 2
2014–15
Forecast Spending
2015–16
Main Estimates
2015–16
Planned Spending
2016–17
Planned Spending
2017–18
Planned Spending
Total 163,366,823 185,293,541 178,747,995 170,718,195 179,058,723 169,132,721 169,132,721
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 122,714,750 137,105,995 134,621,585 130,464,160 133,913,203 130,449,723 130,449,723
Regulatory offences and economic crime prosecution program 14,443,793 18,552,131 18,199,367 16,245,056 18,235,303 16,256,061 16,256,061
Subtotal 137,158,543 155,658,126 152,820,952 146,709,216 152,148,506 146,705,784 146,705,784
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.
Compliance - - 2,597,123 2,457,484 2,509,743 1,660,095 1,660,095
Enforcement - - 1,731,415 1,638,323 1,673,161 1,106,730 1,106,730
Subtotal - - 4,328,538 4,095,807 4,182,904 2,766,825 2,766,825
Internal Services Subtotal 26,208,280 29,635,415 21,598,505 19,913,172 22,727,313 19,660,112 19,660,112

Strategic Outcome 1 (SO 1):

The 2014-15 forecast spending and 2015-16 planned spending include unused program funds carried forward from previous years.

Strategic Outcome 2 (SO 2):

On October 1, 2014, the OCCE was transferred from Elections Canada to the Office of the Director of Public Prosecutions with the coming into force of the relevant sections of the Canada Elections Act. Therefore, as of that date, the PPSC reports against a second strategic outcome, as defined in the Budgetary Planning Summary for Strategic Outcomes and Programs table above, for the activities conducted by the OCCE as part of the Compliance and Enforcement programs under SO 2.

The increase in spending in 2015-16 is therefore mainly due to full fiscal year reporting against SO 2. In addition, based on historical values, it is anticipated that the 2015 general election will generate increased expenditures for 2015-16 as compared to the subsequent fiscal years.

The increased spending for 2014-15 is mainly due to the relocation of offices.

The 2016-17 and 2017-18 planned spending will be reviewed during fiscal year 2015-16.

Internal Services:

The spending variance relates to expenditures that occurred in 2013-14 for the relocation of offices.

Alignment of Spending With the Whole-of-Government Framework

Alignment of 2015-16 Planned Spending With the Whole-of-Government FrameworkEndnote v (dollars)
Strategic Outcome Program Spending Area Government of Canada Outcome 2015-16
Planned 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 133,913,203
1.2 Regulatory offences and economic crime prosecution program Social Affairs A Safe and Secure Canada 18,235,303
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. 2.1 Compliance Government Affairs Strong and Independent Democratic Institutions 2,509,743
2.2 Enforcement Government Affairs Strong and Independent Democratic Institutions 1,673,161
Total Spending by Spending Area (dollars)
Spending Area Total Planned Spending
Social Affairs 152,148,506
Government Affairs 4,182,904

Departmental Spending Trend

Departmental Spending Trend (Dollars)
  2012-13 2013-14 2014-15 2015-16 2016-17 2017-18
Statutory 15,199,452 17,671,807 21,862,788 21,419,841 20,069,934 20,069,934
Voted 148,167,371 167,621,734 156,885,207 157,638,882 149,062,787 149,062,787
  2012-13 2013-14 2014-15 2015-16 2016-17 2017-18
Statutory 15,199,452 17,671,807 21,862,788 21,419,841 20,069,934 20,069,934
Voted 148,167,371 167,621,734 156,885,207 157,638,882 149,062,787 149,062,787

The increase in actual spending levels in 2013-14 is mainly due to payments for new collective bargaining settlements, severance pay and office relocations. The increase in statutory spending starting in 2014-15 is the result of the transfer of the Office of the Commissioner of Canada Elections to the ODPP. The decrease in voted spending for 2016-17 and 2017-18 is a result of the government review exercises from Budget 2010 and 2012.

Estimates by Vote

For information on the PPSC’s organizational appropriations, including the OCCE’s appropriations, consult the 2015–16 Main Estimates on the Treasury Board of Canada Secretariat website.Endnote vi

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 Date to Be Achieved
Number and nature of judicial stays for abuse of process based on the conduct of a federal prosecutor Zero March 31, 2016
Number and nature of successful malicious prosecution lawsuits Zero March 31, 2016
Number and nature of substantiated complaints regarding the PPSC’s independence, impartiality or fairness Zero March 31, 2016

The judicial stays for abuse of process targeted here involve a disposition where the court does not allow a prosecution to proceed because of objectionable police or prosecutorial conduct.

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

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 Internet siteEndnote vii.

Programs

The role of a prosecutor is to present the case on behalf of the Crown in a firm and fair manner. The prosecutor must put before the court all available, relevant, and admissible evidence necessary to enable the court to determine the guilt or innocence of the accused. The role of the prosecutor excludes any notion of winning or losing. 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 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 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 and proceeds of crime offences throughout Canada, except in Quebec and New Brunswick, where the Public Prosecution Service of Canada prosecutes such offences only where charges are laid by the Royal Canadian Mounted Police (RCMP); pursuant to understandings with the provinces, Criminal Code offences where they are related to drug charges; all Criminal Code offences in the three territories; terrorism and national security 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)
2015–16
Main Estimates
2015–16
Planned Spending
2016–17
Planned Spending
2017–18
Planned Spending
130,464,160 133,913,203 130,449,723 130,449,723
Human Resources (Full-Time Equivalents [FTEs])
2015–16 2016–17 2017–18
679 679 679
Performance Measurement
Expected Results Performance Indicators Targets Date to Be Achieved
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), diversion, withdrawal, stay of proceedings (Crown), discharge, acquittal) N/A March 31, 2016
Percentage of litigation files not decided on merit: judicial stays of proceedings N/A March 31, 2016
Planning Highlights

Within this program, the two ongoing priorities relate to national security offences and organized crime. The priority given to prosecuting terrorism offences reflects the gravity of the impact of these offences on Canada’s national security, international relations and national defence. These cases are usually resource-intensive, requiring senior prosecutors, paralegals and support staff to devote significant energies to ensure that the cases can be decided on the merits.

In 2015-16, the PPSC again expects to prosecute cases relating to national security. Specifically, these include ongoing terrorism-related prosecutions relating to an alleged plot to derail a Via Rail train and to an alleged plot to bomb the provincial legislature in British Columbia.

The ongoing focus on organized crime reflects the priority given to this issue by the police and other law enforcement authorities. The PPSC will continue to emphasize inter-jurisdictional cooperation within the prosecutorial community and with investigative agencies both federally, nationally and internationally; provide advice and litigation support during the investigative stage, especially on highly complex cases; prosecute organized crime cases on behalf of the Crown; and pursue proceeds of crime and offence-related property. While all PPSC regional offices prosecute organized crime cases, a number of them are involved in highly complex cases that will continue through 2015-16, and will require dedicated teams of experienced counsel.

As in previous years, the PPSC will work closely with provincial and territorial prosecution authorities on issues and challenges of common interest. As part of this work, the PPSC will continue to co-chair, and provide secretarial and administrative support to, the F/P/T Heads of Prosecution Committee. As well, the PPSC will ensure ongoing linkages between the Committee and partners from outside the prosecution community, and will also continue to participate in the work of the Heads of Prosecuting Agencies Conference and the International Association of Prosecutors.

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 police and federal investigative agencies, and the prosecution of: offences under federal statutes aimed at protecting the environment and natural resources as well as the country’s economic and social health (e.g.Fisheries Act, Income Tax ActCopyright ActCanada Elections ActCanadian Environmental Protection Act, 1999, Competition Act, Customs Act, Excise Act, and Excise Tax Act); offences involving fraud against the federal government; capital market fraud offences; and conspiracies and attempts to violate any of these statutes. 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)
  2015–16
Main Estimates
2015–16
Planned Spending
2016–17
Planned Spending
2017–18
Planned Spending
Gross Expenditures 38,787,056 40,777,303 38,798,061 38,798,061
Revenues Credited to the Vote (22,542,000) (22,542,000) (22,542,000) (22,542,000)
Net Expenditures 16,245,056 18,235,303 16,256,061 16,256,061
Human Resources (FTEs)
2015–16 2016–17 2017–18
160 160 160
Performance Measurement
Expected Results Performance Indicators Targets Date to Be Achieved
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), diversion, withdrawal, stay of proceedings (Crown), discharge, acquittal) N/A March 31, 2016
Percentage of litigation files not decided on merit: judicial stays of proceedings N/A March 31, 2016
Planning Highlights

Within this program, the PPSC will focus on cases involving economic crime such as offences under the Corruption of Foreign Public Officials Act (CFPOA) and offences related to the capital market fraud provisions of the Criminal Code. Its work will also focus on various offences under the Canada Elections Act, the Canada Labour Code and other federal statutes. To support its prosecution-related activities, the PPSC will also ensure that high-quality law practice management programs and training are delivered to PPSC prosecutors and paralegals.

With respect to the CFPOA, four individuals are currently being prosecuted in Toronto for allegedly paying bribes to officials in Bangladesh to secure a contract for the Canadian engineering company SNC-Lavalin. Proceedings against these individuals are in the pre-trial phase. A fifth individual is also indicted, however, the prosecution against him is stayed until such time as he becomes subject to Canadian jurisdiction either by entering Canada voluntarily or though the extradition process. Both these cases are expected to carry over into 2015-16.

The PPSC is currently prosecuting three individuals in Nova Scotia on a case alleging fraudulent dealings with the market share of a company, Knowledge House Incorporated (KHI), between 2000 and 2001. The case is due to go to trial in April 2015. There have been several pre-trial motions, with several more anticipated before the trial.

Two major electoral matters are scheduled for 2015-16. In the first matter, a former Guelph campaign worker convicted last year of endeavouring to prevent electors from voting has appealed his conviction and sentence to the Court of Appeal for Ontario. The Crown has filed a cross-appeal and is seeking an increase in sentence to reflect the gravity of crimes involving fraud on the democratic process. In the second case, a Mississauga business owner and his employee are proceeding to trial on charges of concealing the identity of the source of a contribution and circumventing the campaign contribution limit for individual donors.

Finally, the PPSC is undertaking a Canada Labour Code prosecution against Ornge Air Ambulance in relation to the crash of a helicopter in Moosonee, Ontario which resulted in the death of four crew members. The case will move towards a trial or preliminary inquiry in 2015; the case will deal with safe work practices in the context of commercial aviation under the Code.

The PPSC’s Law Practice Management (LPM) Division provides legal skills and knowledge training and professional development support to employees through formal and informal learning and career opportunities. LPM will continue to advance the Paralegal Excellence Program to create a development program and training for paralegals. LPM will also deliver national webinars on two chapters of the newly revised PPSC Deskbook in 2015-16: Duties and Responsibilities of the Crown and Independence and Accountability.

The PPSC is responsible for the recovery of outstanding court-ordered federal fines under the terms of an assignment issued by the Attorney General of Canada in 2007. The National Fine Recovery Program was affected by the federal government’s 2010-11 strategic review exercise. As a result, a modified fine recovery program has been developed and will be implemented starting in 2015-16. It includes outsourcing parts of the collection process to one or several private collection agencies. The PPSC will continue to administer the program and will manage contracts with service providers.

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)
2015–16
Main Estimates
2015–16
Planned Spending
2016–17
Planned Spending
2017–18
Planned Spending
2,457,484 2,509,743 1,660,095 1,660,095
Human Resources (FTEs)
2015–16 2016–17 2017–18
13 13 13
Performance Measurement
Expected Results Performance Indicators Targets Date to Be Achieved
Political entities understand and comply with their obligations under the Canada Elections Act Number of complaints that results in administrative measures (i.e., caution letters, information letters) N/A March 31, 2016
Planning Highlights

In 2015-16, the Commissioner of Canada Elections will continue to ensure compliance with the Canada Elections Act through the application of administrative measures. These measures are used for less serious breaches or for cases of inadvertent non-compliance. In these instances, the individuals or entities involved are informed of the potential consequences of their actions are put on notice that the Commissioner now expects them to act in accordance with the requirements of the Act since they have been duly advised.

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)
2015–16
Main Estimates
2015–16
Planned Spending
2016–17
Planned Spending
2017–18
Planned Spending
1,638,323 1,673,161 1,106,730 1,106,730
Human Resources (FTEs)
2015–16 2016–17 2017–18
9 9 9
Performance Measurement
Expected Results Performance Indicators Targets Date to Be Achieved
Instances of material non-compliance are addressed Number of complaints that result in formal enforcement measures N/A March 31, 2016
Planning Highlights

Under the Canada Elections Act, there are a number of formal enforcement measures available to the Commissioner. In the coming fiscal year, the Commissioner will continue to investigate offences under the Act and apply the most appropriate means of enforcement, such as referrals for prosecution and the conclusion of compliance agreements.

Internal ServicesEndnote viii

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. Internal services include only those activities and resources that apply across an organization, and not those provided to a specific program. The groups of activities are Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; and Acquisition Services.

Budgetary Financial Resources (dollars)
  2015–16
Main Estimates
2015–16
Planned Spending
2016–17
Planned Spending
2017–18
Planned Spending
Gross Expenditures 20,113,172 22,927,312 19,860,112 19,860,112
Revenues Credited to the Vote (200,000) (200,000) (200,000) (200,000)
Net Expenditures 19,913,172 22,727,313 19,660,112 19,660,112
Human Resources (FTEs)
2015–16 2016–17 2017–18
119 119 119

Planning Highlights

The Human Resources Directorate (HRD) and the Financial Administration Directorate will finalize the implementation of their new business and service delivery models to improve further improve the efficiency and effectiveness of their services.

In 2015-16, the HRD will complete the implementation of the PWGSC Pay Consolidation and Pay System Modernization projects.

The Administration Services Division will continue its work in the following areas:

Section III: Supplementary Information

Future-Oriented Statement of Operations

The future-oriented condensed statement of operations provides a general overview of the PPSC’s operations. The forecast of financial information on expenses and revenues is prepared on an accrual accounting basis to strengthen accountability and to improve transparency and financial management.

Because the future-oriented condensed statement of operations is prepared on an accrual accounting basis, and the forecast and planned spending amounts presented in other sections of the Report on Plans and Priorities are prepared on an expenditure basis, amounts differ.

A more detailed future-oriented statement of operations and associated notes, including a reconciliation of the net cost of operations to the requested authorities, can be found on the PPSC’s websiteEndnote ix.

Future-Oriented Condensed Statement of Operations
For the Year Ended March 31, 2015
(dollars)
Financial Information 2014–15
Estimated Results
2015–16
Planned Results
Difference
Total expenses 215,592,638 219,190,000 3,597,362
Total revenues 19,458,088 22,742,000 3,283,912
Net cost of operations 196,134,550 196,448,000 313,450

The total expenses are higher in 2015-16 due to economic cost increases.

The total revenues are higher in 2015-16 due to an increase in demand for prosecution services.

Supplementary Information Tables

The supplementary information tables listed in the 2015–16 Report on Plans and Priorities can be found on the PPSC’s websiteEndnote x.

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 xi 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:
Any authority of Parliament to pay money out of the Consolidated Revenue Fund.
budgetary expenditures:
Include operating and capital expenditures; transfer payments to other levels of government, organizations or individuals; and payments to Crown corporations.
Departmental Performance Report:
Reports on an appropriated organization’s actual accomplishments against the plans, priorities and expected results set out in the corresponding Reports on Plans and Priorities. These reports are tabled in Parliament in the fall.
full-time equivalent:
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:
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:
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:
Include net outlays and receipts related to loans, investments and advances, which change the composition of the financial assets of the Government of Canada.
performance:
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:
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:
The process of communicating evidence-based performance information. Performance reporting supports decision making, accountability and transparency.
planned spending:
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.
plans:
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:
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:
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:
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:
Provides information on the plans and expected performance of appropriated organizations over a three-year period. These reports are tabled in Parliament each spring.
results:
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.
Strategic Outcome:
A long-term and enduring benefit to Canadians that is linked to the organization’s mandate, vision and core functions.
sunset program:
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:
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.
whole-of-government framework:
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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