Review the government litigation strategy and end appeals or positions that are not consistent with our commitments, the Charter or our values.

What success looks like

Legal positions taken by the government are consistent with government commitments, the Charter and Canadian values.

Government's narrative on progress

The government reviewed all appeals in which it was involved and ended those that were inconsistent with its commitments, the Charter and Canadian values. It established the Cabinet Committee on Litigation Management and the Deputy Minister Committee on Litigation Management to provide strategic advice on how to advance and resolve litigation involving the government. Best practices implemented government-wide at the senior executive level and the ongoing work of the Deputy Minister Committee on Litigation Management ensure a continuing review of the government’s litigation strategy and adherence to the government’s commitments, the Charter and Canadian values. An agreement in principle was negotiated for many of those affected by the Sixties Scoop to resolve multiple class actions. The Ross, Roy and Satalic class action, seeking compensation for the historic federal policies and practices that targeted, investigated and discharged LGBTQ2 members of the federal public service, was resolved. A settlement agreement was reached, which includes measures to support individual compensation reconciliation, and recognition, as well as initiatives to promote collective reconciliation and remembrance. The Prime Minister delivered a formal apology and reiterated the government’s commitment to address systemic discrimination against LGBTQ2 people. The Merlo and Davidson class action, concerning allegations of gender and sexual-orientation- based harassment and discrimination within the RCMP was settled. As part of the settlement, the government has agreed to provide for change initiatives to address workplace harassment in the RCMP and compensation for the victims who experienced gender or sexual orientation based harassment and/or discrimination while working in the RCMP. The government passed Bill C-51, to amend the *Department of Justice Act*. For every government bill, the Minister of Justice now has a statutory duty to table in Parliament a statement that sets out the Bill's potential effects on the rights and freedoms guaranteed in the Charter. Additionally, the Attorney General has published the Principles guiding the Attorney General of Canada in Charter litigation. The six Principles are: constitutionalism and the rule of law; the principle of parliamentary democracy; adjudication; continuity; consistent application of the Charter; and access to justice. These principles in service of the public interest, guide the Attorney General’s conduct in litigation involving the Charter cases. The Attorney General also published the Directive on Civil Litigation Involving Indigenous Peoples, which holds the government accountable in all litigation involving Indigenous peoples to ensure that the government’s commitment to reconciliation remains a primary focus even where litigation is ongoing. The yearly publication of the Litigation Year in Review since 2016 has promoted openness and transparency with respect to litigation positions taken by the Attorney General of Canada.

Note: this is the government's own description, not an independent assessment.