Section I – Organizational Overview

Message from the Attorney General of Canada

As Attorney General of Canada, I am pleased to submit the Public Prosecution Service of Canada’s first Departmental Performance Report, covering the period ending March 31, 2008.

The Public Prosecution Service of Canada (PPSC) was created by the Director of Public Prosecutions Act on December 12, 2006, when Part 3 of the Federal Accountability Act came into force. This report covers the PPSC’s first full year of operation.

The creation of the PPSC was an important step in the evolution of Canada’s criminal justice system and an indication of how Canada has moved forward in ensuring independence, transparency and accountability in federal prosecutions.

This report provides an account of the PPSC’s performance and results in delivering on the Strategic Outcome outlined in its Program Activity Architecture, namely to “Prosecute criminal offences under federal law in a manner that is independent of any improper influence and respects the public interest.”

The measurement of PPSC performance in a number of key national roles is also included to describe its fulfillment of the Attorney General’s criminal litigation responsibilities.

I would like to acknowledge the PPSC’s efforts and accomplishments over the past year in its work conducting prosecutions, providing legal advice and helping law enforcement and investigative agencies across Canada in their efforts to tackle crime.

I look forward to continuing to work with our partners to achieve our goals and promote a safer Canada.

Original copy signed by

The Honourable Robert Douglas Nicholson
Attorney General of Canada

Management Representation Statement

I submit for tabling in Parliament, the 2007-2008 Departmental Performance Report for the Public Prosecution Service of Canada (PPSC).

This document has been prepared based on the reporting principles contained in the Guide for the Preparation of Part III of the 2007-2008 Estimates: Reports on Plans and Priorities and Departmental Performance Reports:

• It adheres to the specific reporting requirements outlined in the Treasury Board Secretariat guidance;
  
  
• It is based on the PPSC’s Strategic Outcome and Program Activity Architecture that were approved by the Treasury Board;
  
  
• It presents consistent, comprehensive, balanced and reliable information;
  
  
• It provides a basis of accountability for the results achieved with the resources and authorities entrusted to it; and
  
  
• It reports finances based on approved numbers from the Estimates and the Public Accounts of Canada in the DPR.

Original copy signed by

Brian Saunders
Acting Director of Public Prosecutions

Summary Information

This Departmental Performance Report (DPR) presents information on the activities and achievements of the Public Prosecution Service of Canada (PPSC) in fiscal year 2007-2008 against the expected results and priorities described in the Report on Plans and Priorities for 2007-2008.

The PPSC was created on December 12, 2006 with the coming in force of the Director of Public Prosecutions Act, Part 3 of the Federal Accountability Act. The PPSC replaced the former Federal Prosecution Service of the Department of Justice Canada. This is the PPSC’s first DPR because its performance information for 2006-2007 appeared within the Department of Justice’s report for that fiscal year.

Consistent with guidance provided by the Treasury Board of Canada Secretariat, this 2007-2008 Departmental Performance Report and the accompanying financial tables are presented using the Government’s Program Activity Architecture (PAA) Framework. The PAA structure is being used by the PPSC to present information on accomplishments against its plans and priorities.

The mandate of the PPSC is to provide prosecutorial advice and litigation support to law enforcement and investigative agencies, and to prosecute on behalf of the Crown, all offences falling within the jurisdiction of the Attorney General of Canada. The PPSC’s sole strategic outcome is the prosecution of criminal offences under federal law in a manner that is independent of any improper influence and respects the public interest.

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

• The duty to act independently in making decisions related to criminal prosecutions – This constitutional principle recognizes that decisions to prosecute, stay proceedings or launch an appeal must be made solely in accordance with legal criteria. The public interest must be taken into account, but not considerations of a partisan political nature.
  
  
• The duty to act independently in providing prosecution-related legal advice – Prosecutors and investigative agencies play complementary yet independent roles in the criminal justice system. While prosecutors may provide advice to investigative agencies, they cannot be drawn into any agency’s policy making and program administration such that their ability to provide impartial, accurate and effective legal advice is undermined.

The PPSC prosecutes cases under federal statutes that are referred to it by the RCMP, and other federal investigative agencies, as well as provincial and municipal police forces.

The PPSC’s prosecution-related work is part of the criminal justice continuum, which includes investigative agencies, law enforcement, courts and other parts of the criminal justice system. Prosecution-related advice during the police investigation has become crucial to ensure that investigative techniques and procedures are consistent with evolving rules of evidence and the Canadian Charter of Rights and Freedoms. The advantage of early prosecutorial advice includes reducing the risk that operational decisions, such as those about methods of obtaining evidence, will detrimentally affect the admissibility of evidence at trial.

Reason for Existence

The mandate of the Public Prosecution Service of Canada (PPSC) is to provide prosecutorial advice and litigation support to law enforcement and investigative agencies, and to prosecute on behalf of the Crown, all offences falling within the jurisdiction of the Attorney General of Canada.

The PPSC plays an integral role in the criminal justice system, promoting respect for the rule of law and working to uphold the rights guaranteed by the Charter. The benefits to Canadians from the work carried out by the PPSC include:

• Promotion of Charter-compliant investigations through the provision of legal advice to investigative agencies;
  
  
• Effective enforcement of Canada’s federal laws through principled and independent decisions by prosecutors; and
  
  
• Increased confidence in the administration of justice through professionally conducted prosecutions that result in a judicial determination on the merits of the evidence.

Financial Resources ($ millions)

Human Resources (in full-time equivalents)

Organizational Priorities

Program Activities by Strategic Outcome

Section II: Analysis of Program Activities by Strategic Outcome provides details on the performance status of each of these program activities and related priorities.

Section IV: Other Items of Interest deals with activities carried out under Priority C - Addressing the sustainability of the Public Prosecution Service of Canada.

1.2 Summary of Organizational Performance

1.2.1 Progress by Organizational Priorities

Priority A: Prosecuting criminal offences under federal law

This priority of the PPSC encompasses the work of the organization in carrying out its first three program activities. The total PPSC caseload under these activities reached 67,901 ^{Footnote 1} files in 2007-2008. The highlights of our achievements for the fiscal year with respect to these program activities are as follows:

Program Activity #1: Prosecuting drug, organized crime and Criminal Code offences

• In 2007-2008, the PPSC handled 50,676 prosecution files related to offences under the Controlled Drugs and Substances Act. This included cases prosecuted by staff counsel and by private-sector legal agents, and represented approximately 75 per cent of the total number of files that the PPSC prosecuted.
  
  
• The RCMP and other police forces have been increasingly focusing resources on organized crime. Their investigations are usually complex and raise the need to manage the disclosure of evidence throughout the investigations. As a result, the PPSC is often called upon to work closely with the police. In 2007-2008, the PPSC prosecuted approximately 575 cases related to organized criminal activity.
  
  
• The PPSC is responsible for seizing and restraining proceeds of crime as well as property used in the commission of offences. During the year in review, most of the offences that generated proceeds of crime and involved the seizure of property used in the commission of offences (offence-related property) were drug offences. In 2007-2008, proceeds of crime offences and offence-related property were identified in 5,402, or almost 11 per cent, of all drug prosecutions conducted by the PPSC.
  
  
• The PPSC also prosecutes all Criminal Code offences in the three northern territories. In 2007-2008, this represented 7,321 prosecution files.

Program Activity #2: Prosecution of federal offences to protect the environment, natural resources, economic and social health

• Prosecutions related to the environment, natural resources, and economic and social health comprised the second-largest category of offences after drug prosecutions. In 2007-2008, the PPSC was responsible for approximately 7,495 files involving these types of prosecutions, which represented about 11 per cent of the total number of PPSC files.
  
  
• As part of its work to fight economic crime, the PPSC prosecutes Income Tax Act offences such as tax evasion and Bankruptcy and Insolvency Act offences. In 2007-2008, PPSC members of the Integrated Market Enforcement Teams (IMETs) continued to provide legal advice to investigators on several ongoing investigations. The PPSC worked with its IMET partners to implement recommendations from a report commissioned by the RCMP and designed to improve the effectiveness of IMETs.
  
  
• In the area of competition law, the PPSC handles prosecutions under the Competition Act and several other regulatory statutes that are administered by the Commissioner of Competition, who oversees the Competition Bureau. In 2007-2008, the PPSC worked on 60 cases, 14 of which were adjudicated by the courts.

Program Activity #3: Addressing criminal issues, in the context of prosecutions, to contribute to a safer world for Canada

• In 2007-2008, the PPSC was responsible for prosecuting four cases involving terrorism-related offences. They accounted for approximately 3 per cent of the total of all in-house counsel time for the fiscal year.
  
  
• The PPSC pursued its participation in the Integrated Border Enforcement Teams (IBETs) program which promotes integrated enforcement along the Canada-United States border.
  
  
• During 2007-2008, the PPSC prosecuted offences alleged to have occurred in Rwanda in 1994. This was Canada’s first-ever prosecution under the Crimes Against Humanity and War Crimes Act.

Priority B: Contributing to strengthening the criminal justice system

During 2007-2008, the PPSC continued to contribute to the government priority of strengthening the justice system across Canada. Some of the highlights were the following:

• PPSC counsel provided training to police officers across Canada on numerous criminal law matters, including search warrants, disclosure obligations, wiretaps and informant-related issues.
  
  
• The PPSC co-chaired two meetings of the Federal-Provincial-Territorial Heads of Prosecutions Committee, which coordinates many aspects of criminal law practice across Canada.
  
  
• The PPSC participated in law enforcement efforts at the international level. For example, the PPSC jointly organized the Heads of Prosecuting Agencies Conference in 2007 with the Director of Criminal and Penal Prosecutions of Quebec.
  
  
• It also participated in the Federal/Provincial/Territorial Coordinating Committee of Senior Officials (CCSO) through which it provides prosecutorial and operational expertise and advice on criminal law reform issues, and the Uniform Law Conference of Canada (ULCC) where it provides input into recommendations for changes to federal criminal legislation.
  
  
• The PPSC’s School for Prosecutors conducted two intensive one-week courses in August 2007 – one fundamental, the other advanced – involving a total of 70 participants. The programs promote professional development relevant to the prosecution function, through the delivery of practical and academic training to prosecutors and legal agents.

Finally, the PPSC identified as priorities for 2007-2008 the review of the Federal Prosecution Service Deskbook and the development of best practices for combating fraud against government. Progress on the Deskbook was slower than anticipated due to workload issues. As a result, steps were taken in early 2008 to initiate the staffing of a senior-level position to oversee this initiative. Work is well under way with respect to the best practices priority.

Priority C: Addressing the sustainability of the Public Prosecution Service of Canada

During 2007-2008, the PPSC’s corporate priorities focused on providing the necessary support to its staff and building the organization’s corporate structure. Throughout the year, the PPSC continued to improve its capacity to function administratively as an independent organization. A number of measures were taken, including the introduction of a governance structure for the resolution of legal issues, and the implementation of a governance committee structure that includes the Finance, Human Resources and Information Management/Information Technology committees, the Senior Advisory Board and the Executive Council. Several senior complement positions were created to reflect the work done by prosecutors and to provide them with a career path within the organization. Still in the area of human resources management, the PPSC adopted a strategic plan pursuant to the Official Languages Act, and implemented an infrastructure for effective labour-management consultations and communications.

1.2.2 Operating Environment and Challenges

Operational Trends

The PPSC worked on a total of 67,901 files in 2007-2008, compared to 63,801 files in 2006-2007, a year-over-year increase of 4.5%.^{Footnote 2} Of this total, approximately 86% were in the program area of prosecution of drug, organized crime, and Criminal Code offences; 11% involved the prosecution of federal offences to protect the environment, natural resources, economic and social health; 1% addressed criminal issues related to contributing to a safer world for Canada; and the remaining 2% focused on related litigation issues.

The increasing volume does not tell the entire story. A small percentage of highly complex cases absorb a disproportionate share of the total resources of the PPSC. By way of example, organized crime cases, combined with other types of cases of high complexity, represented approximately only 3.3% of the litigation caseload in 2007-2008 but approximately 23% of the recorded litigation time of PPSC counsel and paralegals. A relatively small increase in the number of organized crime cases, in response to strengthened law enforcement efforts across Canada, may have a disproportionate impact on the demand for prosecutorial resources. As well, a single mega-case can absorb more prosecutorial resources than several hundred low-complexity cases. In 2007-2008, mega cases accounted for 0.2% of total caseload, but absorbed approximately 9% of recorded litigation time.

External and Internal Influences Facing the PPSC

The PPSC is subject to a variety of external and internal influences, described below.

International crime networks: The globalization of crime networks has introduced new and powerful dangers to national and global security. These networks are involved in organized crime, trafficking in human beings, telemarketing fraud, money laundering and drug trafficking. International criminal networks exploit national borders in an attempt to thwart the efforts of authorities in their battle to prevent transnational crime. This world reality makes it imperative for the PPSC and other organizations to work effectively with international partners to challenge the serious threats posed by these international criminal networks, to uphold the rule of law, and to enhance safety and security at home and abroad.

Government initiatives: The PPSC has an important role to play in supporting several government initiatives announced in Budgets 2006 and 2007 and in the 2006 and 2007 Speeches from the Throne. These initiatives include ensuring the integrity of all components of the federal justice system, tackling crime and strengthening the security of Canadians.

Workload and rising operational costs: As the PPSC’s workload increases, prosecution costs are directly affected. The PPSC’s workload is affected by investigative decisions regarding priorities, tactics and allocation of resources. Increases in drug enforcement or policing resources significantly affect the nature and volume of the PPSC caseload. Changes in police tactics to focus on the upper echelons of organized crime groups to maximize deterrence, disruption and dismantling rather than on individuals in the lower ranks, affect the complexity and cost of prosecutions.

Thus, the cost of prosecuting organized crime and complex cases is far greater than simple possession drug cases, since the former types of cases often involve multiple accused and charges, complex evidence (both factually and legally), international dimensions, extensive disclosure and numerous pre-trial applications. Similarly, investigative decisions in non-drug cases may lead to complex regulatory prosecutions related to the protection of the environment and natural resources, and complex economic crime cases involving tax evasion, market manipulation or complex fraudulent transactions under the Income Tax Act, the Competition Act and the Criminal Code.

The North: Reported crime rates in the North are much higher compared to the rest of Canada. Crown prosecutors assigned to the North face stressful working conditions and pressures associated with the remoteness of the communities involved. In addition, the circuit court system in the North raises specific challenges in terms of the time spent away from home and wellness issues.

Competition for scarce resources: The salaries of prosecutors and lawyers in the marketplace continue to increase, which affects the PPSC’s ability to recruit and retain both its highly-skilled prosecutors and outside legal agents.

Security of staff: Ensuring the safety and security of its employees is a PPSC priority. The PPSC has established a Security Committee to ensure that appropriate security measures are developed and implemented to protect its prosecutors and other employees.

Federal/provincial/territorial cooperation within the prosecution community: There are shared issues and challenges faced by the federal and provincial prosecution services, which benefit from collaboration under the leadership of the Federal/Provincial/Territorial Heads of Prosecution Committee. The Committee works to promote inter-jurisdictional cooperation and assistance on operational issues such as organized crime prosecutions, proceeds of crime, expert witnesses and prosecutor training and security. This collaboration with key stakeholders in the criminal justice system is an important element of the operating context of the PPSC.

Provision of Support Services: The PPSC is in large part still dependent on the Department of Justice Canada for transactional services in the areas of human resources, financial management, information technology and information management. As the PPSC builds up capacity in these areas, this dependency will decrease.