Canada’s National Action Plan on Women, Peace and Security - Department of Justice progress report - 2022-2023

The Department of Justice supports the Minister of Justice in working to ensure that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice; providing legal services to the government and to other federal departments and agencies; and promoting respect for rights and freedoms, the law and the Constitution.

Through its International Legal Programs Section, the department contributes to international development by providing strategic advice on law and development issues to Global Affairs Canada and other departments when so requested; and designing and implementing legal technical assistance projects when funded for that purpose by Global Affairs Canada.

Generally — and in line with United Nations Security Council Resolution 1325 and related Women, Peace and Security (WPS) resolutions, as well as with its internal policy on Gender-based Analysis Plus (GBA Plus) —the Department is committed to integrating gender equality considerations in every aspect of its development-related work.

On this page

• Priorities
• Budget
• Indicators
• Conclusion
• Completed activities
• Results and progress

Priorities

The Department will, in the provision of strategic advice and throughout its policy development, make every effort to identify the potential impact of any contemplated initiative on the justice system as a whole and on the ability of vulnerable groups, including women and girls, to access justice.

In project design, it will ensure that:

• gender considerations are taken into account in the assessment of the assistance needs
• all genders are provided an opportunity to participate in the consultations
• background information on the situation of women and girls in the target country is gathered
• possible entry points to promote women's access to justice are identified

In project implementation, it will ensure that:

• the potential differential impact of the reform options considered under the project is assessed
• the information related to project activities is, whenever possible, disaggregated by sex
• gender balance in training and other activities is taken into account
• gender-related project achievements are reported on

The exact subjects on which the Department will integrate gender equality considerations will depend largely on the nature and scope of the assistance requested by a partner country, since under the Paris Declaration on Aid Effectiveness assisted countries must remain the master of their priorities.

That said, in its advice, policy and program development, and project work, the Department of Justice will always be mindful of the fact that the various justice matters of particular importance to women include the following:

Domestic violence

Violence within the family is a significant issue in many countries.

In the development of domestic violence policies and programs, the Department is in a position not only to help address the strictly legal aspects of the subject, but also to encourage the development of a comprehensive approach reflecting the complexity of the phenomenon.

Sentencing

Imprisonment is not a gender-neutral measure in terms of impact. A large majority of women in jail are mothers, most of them single mothers and primary caregivers to their children. As a result, a mother's incarceration generally affects children in a way that a father's imprisonment does not.

The Department can, on policy development matters, bring extensive expertise and a gender perspective to any reform effort that involves looking at the use of imprisonment, non-custodial measures, and criminal law more generally. More specifically, and among other things, it can encourage compliance with the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules).

Juvenile justice

Gender considerations are equally relevant in the field of juvenile justice. The treatment of female offenders under 18 years of age is a matter that generally receives even less attention than the treatment of adult women or juvenile male offenders.

With its in-depth knowledge of matters related to young offenders, the Department can help design a juvenile justice system that is gender-sensitive and complies with international requirements, including:

• the Convention on the Rights of the Child;
• the Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules)
• the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules).

Access to justice

Both social and institutional barriers often inhibit women's access to justice.

The Department, through its expertise in areas such as legal aid systems, the treatment of witnesses, support to victims, and relations between the legal system and indigenous populations, can contribute to the design of reforms aimed at removing or reducing these barriers.

Law and poverty

Offences committed by women are often closely linked to poverty, and frequently a means of survival to support their family. Poverty compounds access justice challenges for marginalized and underserved populations, including women.

The Department can contribute usefully to any discussion pertaining to the intersection of law and poverty.

Sexual violence committed as an international crime

Through its Crimes against Humanity and War Crimes Section, the Department supports the investigation and prosecution of acts of sexual violence that are committed as a tool of war or as an act of genocide against girls and women. One individual has been convicted and sentenced to life imprisonment under Canada’s Crimes Against Humanity and War Crimes Act, S.C. 2000, c. 24, for having committed genocide, war crimes and crimes against humanity, including numerous acts of sexual violence against Tutsi women. [R. c. Munyaneza, 2009 QCCS 4865 - CanLII]

The department recognizes that girls and women are more vulnerable to war crimes: they are more likely to be victims of acts of sexual violence committed as a tool of genocide, war crimes and crimes against humanity. Moreover, acts of sexual violence have an enormous impact on women. They may be forcibly impregnated or be infected with different sexually transmitted diseases, including HIV. Further, some cultures shun women victims of sexual assault and others do not allow them to speak out about their victimization. The Department will continue its support of the investigation and prosecution of war crimes and crimes against humanity cases.

Budget

In light of the fact that the Department of Justice only provides technical assistance to foreign countries at the request and with the financial support of Global Affairs Canada, the extent of this involvement in the implementation of Canada’s National Action Plan on Women, Peace and Security will be determined by the number and scope of the projects that Global Affairs Canada funds.

Indicators

Strategic advice and policy development

• Extent to which the potential impact of the contemplated measures on the whole justice system and on vulnerable groups has been taken into account.

Project design

• Number of criteria used to review gender considerations in the evaluation of assistance needs
• Extent to which all genders have been provided an opportunity to take part in consultations
• Number and relevance of sources of information consulted on the situation of women and girls in the target country
• List of potential obstacles to women's access to justice developed

Project implementation

• List of matters that may potentially have a differential impact developed
• Information on project activities disaggregated by sex gathered
• Gender-related project achievements are reported in the narrative reports submitted to Global Affairs Canada

Conclusion

The Department of Justice will seek to identify various ways of contributing as fully as possible to the implementation of the WPS agenda. This could include, among other things, developing programs for women in fragile states.

Completed activities

Justice Canada continued to work closely with networks and organizations to advance women’s issues and promote the realization of SDG 5 (Gender Equality) and SDG 16 (Peace, Justice and Strong Institutions) on the international stage.

Throughout 2022-23, Justice Canada participated in various events to promote gender equality, access to justice and the application of gender-based methodologies, including the Working Group of Government Experts on Technical Assistance for the United Nations Convention against Transnational Organized Crime, the Canada-EU Justice Dialogue, the United Nations Commission on Crime Prevention and Criminal Justice Thematic Discussions on Pillar II of the Kyoto Declaration on Advancing the Criminal Justice System and the United Nations Office on Drugs and Crime Gender and Human Rights Experts Group Meeting, as well as various departmental events.

Justice Canada continued to contribute to several domestic initiatives that promote and protect human rights for women and girls, and gender equality. For example:

• Publication in 2022 of a report looking at the impact of COVID-19 on the criminal justice system (State of the Criminal Justice System Report) as part of its State of the Criminal Justice System initiative. The report focuses on key pre- and post-pandemic trends for indicators with disaggregated data where possible. Notably, the report explores policing during the pandemic, court operations, efficiencies and measures of adaptation, and correctional operations and trends in admissions as well as releases;
• Increased access to Indigenous family courtwork services that help Indigenous families navigate the justice system (Indigenous Courtwork Program) and access community-based family mediation services (Indigenous Justice Program) by funding Indigenous organizations and most provinces and territories;
• Secured ongoing funding for the operation of Family Information Liaison Units (FILUs), which was recently on a short-term funding cycle. This ongoing funding status ensures that families of missing or murdered Indigenous women and girls in Canada continue to have a culturally grounded team helping them access all the available information about their missing or murdered loved one from multiple government agencies and institutions and across jurisdictions for as long as families need that assistance, as well as access to community-led grief, trauma, and healing support;
• Provided funding to support Community Justice Centre (CJC) pilot projects in British Columbia and Ontario. CJCs integrate justice, health and social services together to address the root causes of crime, divert individuals accused of non-violent offences away from incarceration, and connect them with social supports. Through the integration of culturally appropriate services, CJCs address the intersection of poverty, homelessness, addictions and systemic racism within the criminal justice system. Seven jurisdictions were also approved for funding to undertake community engagement (with youth, Indigenous communities, rural and urban communities, Black Canadians, and justice system stakeholders) to explore opportunities for expanding the CJC concept to other provinces and territories;
• Continued to lead the implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act). In consultation and collaboration with Indigenous peoples, the Government of Canada developed a draft Action Plan to achieve the UN Declaration Act’s objectives, which was published in March 2023. Justice Canada also continued to ensure the alignment of federal laws with the UN Declaration Act;
• Continued implementing federal family law reforms to help ensure a more accessible and efficient family justice system that responds to Canadian families’ needs and promotes the best interests of the child. These reforms include former Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act and amendments to the Divorce Act;
• Increased the number of Independent Legal Advice/Independent Legal Representation (ILA/ILR) for victims of sexual assault and Independent Legal Advice for victims of intimate partner violence projects so that these services exist in every province and territory.
• Provided funding for projects that aim to improve access to justice for victims of intimate partner violence. These projects will work to strengthen the justice system’s response to intimate partner violence and to support victims in navigating the family justice system;
• Worked with the Department of Women and Gender Equality to implement the federal Strategy to Prevent and Address GBV, including through collaboration on the development of public legal information material for their online Gender-based Violence (GBV) Knowledge Centre;
• Updated reporting templates for ILA/ILR funding recipients and launched a client survey for funding recipients of the Victims Fund and Justice Partnerships and Innovation Program. This client survey includes an improved disaggregated data collection section surveying different identity characteristics, such as age, gender, ethnocultural group, language and geography as part of the Federal Strategy to Prevent and Address Gender-Based Violence;
• Pursued a number of initiatives to collect data that will improve understanding of the nature of problems people face and their methods to resolve them. For example, the Canadian Legal Problems Survey (CLPS), launched in 2021, collected data on the prevalence and nature of serious legal problems across Canada, as well as whether and how those problems were resolved. The ability to disaggregate this data has provided a clearer picture of how different populations, including women, experience legal problems;
• Released additional qualitative studies in 2022-23 on Métis in the Northwest Territories and on trans people across the country. Justice Canada started another qualitative study to examine the serious problems that seniors experience as with the other studies. Justice Canada also continued to participate in events to raise awareness and knowledge on the CLPS and its complementary studies. For example, on May 17, 2022, Justice Canada collaborated with Statistics Canada in the Open Doors Justice event to discuss the CLPS and related qualitative studies from the broader community. In October 2022, Justice Canada also presented the CLPS in the Access to Justice Week.

Results and progress

Strategic advice

A key challenge for advancing Justice Canada’s mandate, including in relation to the Women, Peace and Security agenda, is the lack of justice sector data to support evidence-based decision making.

Justice Canada is currently pursuing a number of initiatives to improve data collection for disaggregated data. This furthers the Department’s exploration of Justice Canada impacts on diverse groups, thus improving the development of evidence-based programs, policies, and legislation.

Justice Canada provides legal advice to client departments including those who have a mandate that involves assisting fragile or conflict-affected states during the reporting period. Justice Canada’s contribution would be reflected in the context of overall progress indicated by these departments.

Project design

Justice Canada did not conduct any evaluations of assistance needs or develop any projects or project proposals in the context of fragile or conflict-affected states during the reporting period. As stated above, progress is measured against the indicators by client departments more directly involved in assisting fragile and conflict-affected states.

Project implementation

Justice Canada provides technical assistance to foreign countries at the request and with the financial support of Global Affairs Canada.

Justice Canada also works with international partners to advance important research and develop resources that promote gender equality, inclusion and access to justice. Justice Canada contributed to the development of the OECD Recommendation on Access to Justice and People-centred Justice Systems in 2022. The Recommendation underscores the importance of gender equality in public life, seeks to eliminate systemic barriers, and promotes the availability of disaggregated data to inform decision-making.

In addition, Justice Canada continued to contribute to the work of justice sector stakeholders within Canada. The Department is an active supporter of the National Action Committee on Access to Justice in Civil and Family Matters, which brings together people from all corners of Canada’s justice sector to inspire discussion and action on access to justice issues. The Action Committee’s 2022 Annual Summit included a discussion of Gender and Technology-Facilitated Violence and the Use of Data to Reveal and Reduce Inequalities.