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Justice and Attorney General

Overview

The mission of the Ministry of Justice is to ensure equality and fairness in the administration of justice.

The Ministry comprises the Department and the Victims of Crime Fund. The total operating expense for the Ministry of Justice was

$450 million in 2000-2001and is comprised mainly of the following:

2000-2001 (in millions of dollars)

Court services $105

Legal services 53

Support for legal aid 23

Public Trustee 7

Medical Examiner 4

Public Security 102

Correctional services 112

Total revenue for the Ministry was $134 million in 2000-2001. The Ministry’s main revenue sources are:

2000-2001 (in millions of dollars)

Fees $33

Fines and related late payment

penalties 30

Transfers from the federal government primarily for

cost-sharing agreements 29

Fees consist primarily of court fees ($14 million) and fees to administer Motor Vehicles Accident Claims ($14 million).

Transfers of $18 million from the Government of Canada relate to the Young Offenders Program.

A significant aspect of Justice’s activities is the management of funds held on behalf of others. The fund balances in these accounts total approximately $451 million. Of these, trust funds administered by the Office of the Public Trustee total $406 million.

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Ministry Audits and Recommendations Justice and Attorney General

During the year, the government announced new ministry

structures. As a result, some responsibilities of the Ministry were transferred to the Ministry of the Solicitor General at the end of the fiscal year ended March 31, 2001.

Summary of audit results

Because the Department relies on significant infrastructure to deliver its services, it needs an effective capital asset management system. In this section, we make a recommendation that the Ministry improve their capital asset management process by completing long-term capital asset plans, and linking this information to the business planning process.

The Ministry provides legal services to other government

departments, either through in-house staff or by contracting external legal counsel. There is a risk that, without appropriate

accountability for these services, the Ministry may not be providing cost-effective legal services. In this section, we comment on the Ministry’s progress in developing performance measures that report the cost-effectiveness of legal service delivery. We also repeat a recommendation that the Ministry improve its measurement of the results and costs of its fines collection activities.

Scope of work

In addition to the annual financial audits, the following work was completed:

• an examination of the Department’s system for capital asset management

• a follow-up on the Department’s accountability system for legal services provided to other departments

• a follow-up on the Department’s progress in measuring the results and costs of fines collection activities

• performance of specified audit procedures on the Ministry’s performance measures

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Ministry Audits and Recommendations Justice and Attorney General

Capital asset management

Recommendation No. 28 Capital asset management

We recommend that the Department of Justice improve its capital asset management process by completing long-term capital asset plans, and linking this information to the business planning process.

Justice needs a long-term capital asset plan

Justice is responsible for the effective delivery of its core

businesses of prosecutions, courts, legal services to government and legal services to vulnerable Albertans. Justice needs an appropriate infrastructure to successfully deliver its core businesses. To achieve an appropriate infrastructure, Justice needs a long-term capital asset plan. This plan should be linked to and support the objectives and strategies set out in Justice’s business plan. The net book value of courts and correctional facilities is approximately $254 million.

Focus is on projects required to meet immediate needs

Currently, the capital asset management system does not include a process for completing a long-term capital asset plan. At present, the capital project listings are completed with projects that are primarily required to meet Justice’s immediate needs. Infrastructure makes decisions as to which items should be approved based on priority and funding available, and based on ongoing consultation with Justice.

Justice, with input from Infrastructure, should complete a long-term capital asset plan. The plan should identify the funding required to achieve the goals set out in the plan. The completion of a long-term capital asset plan would assist management of Justice and

Infrastructure in forecasting capital needs to effectively deliver services. The need for long-term departmental capital asset plans was identified within the cross-government Capital Planning

Initiative. The capital asset plan should also be provided annually to the Department of Infrastructure. The capital asset plan should include a business case to support its needs assessment and include the following:

• be supported by appropriate studies of the status of the current and future infrastructure needs

• include historical and projected population statistics, crime rate statistics, incarceration rate statistics, and departmental staffing needs

• include prioritized capital infrastructure projects including project description, project budget, required date of

completion, and analysis to support the need

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Ministry Audits and Recommendations Justice and Attorney General

• disclose all applicable options should the desired project(s) be rejected or delayed

• include the implications on the goals and objectives of the Department if funding is not approved for each project Capital asset plan should

link to business plan

Additionally, the current capital asset management system does not appear to be integrated with the business planning process. There is no evidence that the objectives and strategies in the business plan are supported by a capital asset plan.