Overview of Recent Activities and Achievements - August 2003
Table of Contents

SAFETY AND SECURITY

Anti-terrorism Act Annual Reports

In May 2003, the Minister of Justice and the Solicitor General of Canada tabled annual reports in Parliament on the use of two provisions of the Anti-terrorism Act, covering a one-year period starting from when the legislation came into force on December 24, 2001.

The Recognizance with Conditions provision allows a peace officer, with the consent of the Attorney General, to bring a person before a judge to impose restrictions on the person's activities, if there are reasonable grounds to suspect that such restrictions are necessary to prevent a terrorist act. The Attorney General must report annually to Parliament on the use of this provision.

Under the Investigative Hearing provision, a judge may order the examination of an individual if it is believed that he or she has information related to a terrorist activity. The consent of the Attorney General is required in order to initiate this process. The Solicitor General is responsible for reporting annually to Parliament on the use of this provision.

Although neither provision was used during the reporting period, they continue to provide law enforcement and prosecutors with the vital ability to take measures to prevent terrorist acts. They are important preventive measures in the federal government's overall anti-terrorism strategy.

Canada Firearms Program

In April 2003, the Canadian Firearms Program was transferred to the portfolio of the Solicitor General of Canada, as outlined in the Minister of Justice's February 2003 action plan. The public safety operational orientation of the Solicitor General's portfolio represented a better fit for the gun control program, which is evolving from its developmental stage, to ongoing operations and maintenance.

During the last year, the Canadian Firearms Program has achieved an important milestone in registering the majority of firearms owned prior to January 1, 2003, and continuing to make an important contribution to public safety.

Almost two million firearms owners have been licenced, and more than six and a half million firearms have been registered since the program's inception. Firearm licence and registration information has become an important public safety tool as law enforcement officials access the online registry more than 2,000 times a day.

Bill C-10A, an Act to amend the Criminal Code (firearms) and the Firearms Act (now Chapter 8, Statutes of Canada 2003), received Royal Assent in May 2003, and facilitated management and operational changes needed to help lower costs, improve client service and maintain the program's public safety objectives. The program has responded to recommendations to consolidate operations as identified in the Minister's February 2003 action plan and the Auditor General's Report in December 2002. Most recently, the consolidation process has resulted in the transfer of the Registrar function from the RCMP to the program and it is now centralizing processing operations.

The Government has tabled proposed regulations to support Bill C-10A, most of which amend existing regulations to simplify processes and procedures. The program is currently undertaking a public consultation process to encourage Canadians to comment on the proposed regulations and specific elements of the Canadian Firearms Program.

Drug Treatment Court

In June 2003, the Government of Canada announced up to $23 million in funding to continue and expand the Drug Treatment Court (DTC) pilot project over the next five years as part of Canada's Renewed Drug Strategy. DTC, which emphasizes treating rather than incarcerating addicts, is an innovative court program funded by the Government's National Strategy on Community Safety and Crime Prevention. Offenders must go through a strict screening process in order to qualify for the program. DTC has been designed to meet the needs of non-violent offenders who are addicted to cocaine, heroin or opiates.

By helping non-violent offenders overcome their addictions and improve their social stability, the program reduces the criminal behaviour associated with substance abuse. By addressing the root of the criminal behaviour - the addiction - the program helps eliminate the need for the criminal behaviour.

Canada's first DTC was established in Toronto in December 1998, followed by Vancouver in 2001. As many as three new drug courts will be established in 2004. Locations have yet to be determined.

In the first three years of the Toronto program, 85 percent of graduates have not re-offended. There are hundreds of DTCs in the United States, where follow-up studies indicate that only three percent of program graduates re-offend.

Federal Prosecution Service

The Federal Prosecution Service (FPS) provides effective stewardship of the prosecution function nationally and is a centre of expertise for criminal law, national security and federal law enforcement.

Over the past three years, the Department of Justice has been examining the federal prosecution function to better understand pressures and demands, and to gain insight into how the FPS can best serve Canadians in the future. This effort has led the FPS to focus its activities in the following areas:

• Enhancing cooperative approaches with provincial and territorial governments, mainly through the federal-provincial-territorial Heads of Prosecutions Committee, of which the Assistant Deputy Attorney General (Criminal) is permanent co-chair and for which the FPS provides full administrative support. During the past two years, the Committee has been the national clearinghouse for prosecution issues and has coordinated the Crown position on numerous criminal law issues, such as search and seizure, prosecutor liability, organized crime and anti-terrorism. The FPS also coordinated a number of joint training activities in 2002-03 on the prosecution of institutional abuse, witness protection, law practice management, and information technology;
• Strengthening working relationships, within the Department of Justice and with other departments and agencies having a law enforcement mandate. For example, over the past year the FPS has been working with accused and investigative agencies to negotiate and implement Environmental Protection Alternative Measures in appropriate cases of environmental offences. These joint efforts have led to a more coordinated response in individual cases on issues such as alternative or restorative justice and disclosure;
• Responding more effectively to the North, by recognizing their unique needs and implementing innovative approaches, particularly as they relate to Aboriginal justice. Recent initiatives include continued FPS involvement in restorative justice, the direction of increased prosecutorial resources to the North to alleviate workload problems, and closer coordination of prosecution work with that of victim witness assistants (provincial or territorial staff who help familiarize victims and witnesses with various court processes);
• Developing and implementing alternatives to prosecution, to manage workloads and to establish a broader range of options that more fully achieve public policy goals. The FPS has implemented a Deferred Prosecution Pilot Project for cannabis possession in Manitoba, is actively involved in the operation and expansion of Drug Treatment Courts, and continues to work with stakeholders on longer-term policy development;
• Improving the management of mega and complex cases, to better forecast resource needs, effectively manage disclosure and, most importantly, promote closer working relationships between investigators and prosecutors throughout all phases of the investigation. The FPS has worked with experts to draft a mega cases best practices handbook; has developed effective models of disclosure management for implementation across the country; and is working with police to promote greater cooperation at the investigative stage of mega cases;
• Strengthening management capacity, to develop the FPS as a workplace of choice. Recent initiatives to improve law practice management include improving the accuracy and reliability of information databases and developing human resource management plans on learning, wellness and safety.

Lawful Access

Evolving communications technologies used by organized crime and others to shield activities - such as drug trafficking, money laundering and terrorism - present complex challenges for the interception, pursuant to legal authority, of communications and the search and seizure of information.

The Department of Justice is working in partnership with the Solicitor General of Canada Portfolio, Industry Canada and other departments on the Lawful Access project. This project will develop a legislative framework to assist law enforcement and national security agencies in maintaining their capability to lawfully access information and communications in the face of new technologies. This framework will be developed in a way that balances the legitimate needs of law enforcement with the need for a competitive and innovative industry, while ensuring that the privacy of Canadians is respected. Interception, search and seizure, evidence, and the computer-related offences included in the Criminal Code are being considered in this respect.

A consultation process to explore the policy framework was conducted in the latter part of 2002. A summary of consultation submissions was published in August 2003.

Legal Risk Management

The Legal Risk Management (LRM) project, a joint initiative of the Department of Justice and Treasury Board, was launched in early 2000 in response to the extraordinary growth in recent years in the volume, complexity, cost and risk of civil litigation across the federal government.

The goal of LRM is to develop a sustainable approach to managing legal risks that will protect the interests of the Crown and minimize overall costs. The LRM strategy includes identifying legal risks early on (through scanning), exploring alternatives to litigation where possible, managing litigation strategically and efficiently when it does occur, and outlining appropriate roles and responsibilities for those involved in litigation.

The LRM initiative has instilled a culture of legal risk management in the Department of Justice and throughout the federal government. Most client departments are now engaged in scanning and are managing legal risks on a daily basis. Toolkits, training and various other projects have been developed to help evaluate and mitigate legal risks.

LRM is now part of the Department's everyday operations. Managers and counsel are actively practising, promoting, and leading risk management initiatives, and regions are helping clients identify, analyse and assess their legal risks.

National Crime Prevention Strategy

The National Crime Prevention Strategy was launched in 1998 to support Canadians in their efforts to make their communities safer. Through the National Strategy, the Government of Canada is working with other levels of government, community groups and organizations, and other key partners across Canada to develop programs and partnerships that create and sustain safer communities.

Since its launch, the National Strategy has supported over 3,000 projects in over 740 communities under its funding programs. One recent example is the San Romanoway Revitalization Association's Cultural Social Enrichment Program. Urban challenges faced by residents of the Jane-Finch area of Toronto, such as gang-related violence, poverty, interracial tensions and crime, are being addressed by mobilizing the community to work together to prevent crime through social development. Since its inception in 2002, the project has shown some encouraging results, including high participation in a number of new programs, such as teen violence prevention training, peer mediation groups and socio-cultural nights. Police have reported a decrease in victimization in the community since the project's début.

The National Crime Prevention Centre (NCPC), which administers the Strategy, has developed policy frameworks for children, youth, and women, to help ensure the Centre's activities remain focused on reducing crime and victimization for these groups in particular. Frameworks for other priority groups, such as Aboriginal people and seniors, are currently under development.

The NCPC continues to promote awareness and provide information on crime prevention through a variety of initiatives, including its Web site, national clearinghouse, publications program, and toll-free call centre. The Web site has been redesigned with an emphasis on greater user-friendliness and accessibility. The national clearinghouse, which has an extensive collection of helpful resource materials on crime prevention, is now available through the Web site.

The NCPC has set its strategic priorities for the next two years: working comprehensively in a select number of communities; developing knowledge in various areas of focus; and promoting public awareness of crime prevention through social development. The Centre is also focused on developing knowledge and disseminating information regarding its investment in crime prevention since 1998.

Genetic Information and Privacy

In response to developments in the area of biotechnology and, in particular, the advent of predictive testing for genetic information, the Government of Canada has established an Interdepartmental Working Group on Genetic Information and Privacy, coordinated through the Department of Justice Canada. This Working Group contributes to the overall federal government effort on biotechnology that is outlined in the Canadian Biotechnology Strategy.

Over the past year, the Working Group focused primarily on its policy development project initiated with the launch of a research program into five key areas of genetic information and privacy:

• privacy protection generally and the possibility of discrimination on the basis of genetic information;
• genetic information in health care;
• genetic information in the insurance sector;
• genetic information in employment; and
• holdings of genetic information and material, commonly known as biobanks.

The purpose of this work has been to develop a more thorough understanding of the possible uses of genetic information, including the policy issues associated with these uses. As well, it has aimed at understanding the views of Canadians regarding genetic information and privacy, and determining the current state of the legal and policy framework protecting Canadians against possible misuses.

Mental Disorder Provisions in the Criminal Code

In November 2002, the Minister of Justice tabled the Government's response to a report and recommendations of the House of Commons Standing Committee on Justice and Human Rights, which had reviewed the mental disorder provisions in the Criminal Code. The Standing Committee's report confirmed that the Criminal Code regime governing those found unfit to stand trial or not criminally responsible on account of mental disorder, which has been in place since 1992, works well but needs some refinements.

The response to the Standing Committee report signaled the Government's intention to implement the vast majority of recommendations issued by the Committee, which were consistent with the results of broad consultations by the Department of Justice over the last ten years. Legislation is expected to be introduced shortly.

Under the planned reforms, amendments to the Criminal Code would:

• expand the powers of provincial and territorial Review Boards, to ensure they have the tools necessary to make decisions about the supervision or release of those found unfit to stand trial or not criminally responsible on account of mental disorder;
• clarify provisions on the inter-provincial transfers of those found unfit to stand trial or not criminally responsible on account of mental disorder;
• allow victim impact statements to be read by the victim at a Review Board hearing; and
• repeal unproclaimed provisions from the 1992 reforms, including the capping provisions that set maximum time limits on possible detention for persons found not criminally responsible on account of mental disorder.

The Department of Justice will continue to consult with provincial and territorial officials responsible for justice and mental health issues to implement the Standing Committee's non-legislative recommendations.

Setting Traps and Updates to Other Criminal Code Offences and Provisions

In April 2003, the Government of Canada introduced Bill C-32, as part of the Government's ongoing effort to update, improve and clarify the criminal law. A highlight of the Bill was an update of the Criminal Code offence of setting traps that are likely to cause injury or death to a person, in order to reflect the new and emerging threat that such devices pose given their increased use by organized crime. The Bill proposes a new offence targeting those who would set traps in a place that is kept or used for the purpose of committing another indictable offence and intending to cause injury or death. The maximum penalty proposed is ten years imprisonment, increasing to 14 years if injury occurs and life if death occurs.

Other amendments in the Bill include:

• clarifying in the Criminal Code that the use of reasonable force is authorized to prevent a criminal activity onboard an aircraft in flight that could endanger the aircraft or any person or property on board, consistent with existing international law;
• rewording the section in the Criminal Code that deals with warrants to search for and seize weapons, ammunition and explosives to reflect concerns raised by the Ontario Court of Appeal in a recent decision ( R. v. Hurrell);
• allowing the civil enforcement of all restitution orders (and not just when restitution has been ordered as a stand-alone order, as is currently the case); and
• allowing the use of information technology management practices, such as Intrusion Detection Systems (IDS), for the protection of computer networks and information systems from cyber-attacks and viruses.

Finally, the bill includes technical amendments to the Security of Information Act, the Canada Evidence Act and the Criminal Code.

Victims of Crime

The Department's Policy Centre for Victim Issues, which co-ordinates federal initiatives to strengthen the role of victims in the criminal justice system and ensures the perspective of victims is considered in federal policies and legislation, was involved with a number of key activities this past year, including:

• publishing research papers, including a compilation of contacts and resources of victim services in the territories;
• conducting literature reviews on such subjects as victim impact statements and victim experiences with restorative justice;
• completing a benchmarking study on awareness of Bill C-79 (An Act to Enhance the Protection and Participation of Victims and Witnesses in the Criminal Justice System); and
• sponsoring a seminar to discuss issues about victim impact statements with Crowns, judges, defence bar, and academics.

A National Victims Conference, November 3-5 2003, is currently being organized to bring policy makers, service providers, advocates and victims of crime together to share information, identify emerging issues and profile best practices.

War Crimes and Crimes Against Humanity

The Department of Justice, in partnership with Citizenship and Immigration Canada and the Royal Canadian Mounted Police, continues to demonstrate that Canada is a world leader in dealing with perpetrators of war crimes and crimes against humanity. The sixth annual war crimes report, to be released later this year, will provide detailed information of the work that the partners carry out in order to ensure that Canada is not and will not be a safe-haven for persons involved in war crimes, crimes against humanity or other reprehensible acts, regardless of where or when they were committed.

Close to 20 cases have been started under the program, all involving the revocation of citizenship or deportation concerning individuals alleged to have been involved in committing atrocities during World War II. The Department is also developing an infrastructure and identifying challenges in order to conduct investigations that will lead to successful prosecutions under Canada's new Crimes Against Humanity and War Crimes Act. Many cases have been prioritized and are under active investigation.