Law Management (LC) Group - Job Evaluation Standard

Amendments to the Classification Standard

Occupational group definition in effect Effective
Job evaluation standard in effect Effective

Job evaluation standard updates including

  • Removal of reference to Application Guidelines
  • Integration of Policy Context
  • Effective date of inserted on cover page
Effective

Job evaluation standard updates including:

  • Editorial changes
  • Insertion of benchmark positions
  • Insertion of Appendix A: Application Guidelines

 

Effective

Table of Contents

Policy Context

1. Effective date

1.1 This standard takes effect on .

1.2 This standard replaces the Law Management (LC) job evaluation standard 2010.

2. Application

2.1 This standard applies to the core public administration as defined in section 11 of the Financial Administration Act, unless excluded through specific acts, regulations or Orders in Council.

2.2 This standard is to be used to establish the appropriate level for work allocated to the Law Practitioner (LC) Occupational Group.

3. Context

3.1 This standard is a key component of the classification system and must be read in conjunction with the Policy Framework for the Management of Compensation, the Policy on Classification, the Directive on Classification, the Directive on Classification Grievances, and occupational group definitions.

3.2 The classification system is the infrastructure that is put in place to effectively manage the classification of positions within the core public administration. Classification entails allocating positions by occupational group and level using the appropriate job evaluation standard to ensure that the relative value of work is respected across the core public administration.

3.3 This standard is issued pursuant to sections 7 and 11.1 of the Financial Administration Act.

4. Gender Neutrality

4.1 This standard assesses the four factors (skill, effort, responsibility and work conditions) required by the Equal Wages Guidelines of the Canadian Human Rights Act.

5. Consequences

5.1 The consequences identified in the Policy on Classification apply in cases of non compliance with this standard.

6. Related policies and publications:

  • Policy on Classification System;
  • Directive on Classification;
  • Directive on Classification Grievances;
  • Occupational Group Definitions;
  • Guide to Allocating Positions Using the Occupational Group Definitions;
  • Table of Concordance;
  • Job evaluation standards;
  • Other policy instruments and guides that may be published from time to time.

7. Enquiries

7.1 Please direct inquiries about this standard to your departmental corporate classification office. To obtain information on the application of this standard, a representative of the departmental corporate classification office should contact:

Workforce Organization and Classification
Compensation and Labour Relations Sector
Office of the Chief Human Resources Officer
Treasury Board of Canada Secretariat
Ottawa, Ontario K1A 0R5
Email: publicenquiries-demandesderenseignement@tbs-sct.gc.ca

Law Management Occupational Group Definition

Definition

The Law Management occupational group comprises positions that are primarily involved in the application of a comprehensive knowledge of the law and its practice in the management of legal functions, with accountability for exercising delegated authority over human and financial resources.

Inclusions

Notwithstanding the generality of the foregoing, for greater certainty, it includes positions that have, as their primary purpose, responsibility for the following activities:

  1. providing legal advice on the development, direction, conduct or management of programs or services; and
  2. managing legal programs or services and determining the nature and priority of objectives and resources committed to their achievement within and across organizations.

Exclusions

Positions excluded from the Law Management occupational group are those whose primary purpose is included in the definition of any other group.

Introduction

The job evaluation standard for the Law Management occupational group is a point rating plan consisting of an introduction, the definition of the Law Management occupational group, the rating scale and the point boundaries, the element characteristics associated with each level, the benchmark positions and the notes to raters.

Point rating is an analytical, quantitative method of determining the relative value of jobs. Point rating plans define characteristics or elements common to the jobs being evaluated, define degrees of each element, and allocate point values to each degree. The total value determined for each job is the sum of the point values assigned by the evaluators.

Elements

Six elements are used in this evaluation plan. Each element is designed as a continuum of value that contains a number of degrees that describe the various levels at which the aspect of work is present in law management jobs.

Element Weighting

In a point rating classification tool, each element is given a relative weight indicating its relative importance to the overall value of work for the target population. This weight translates into a range of points that can be granted under that element. Each element is subdivided into levels, or degrees, to each a specific point value is assigned, and is designed as a continuum of value, ranging from low to high. The value of a given job using this system is measured by totaling the points corresponding to the degrees assigned within each element. The weights corresponding to the Law Management group evaluation plan are as follows:

Element Element Weight (Percentage of Total Points) Maximum Point Value
1. Knowledge 27.0 % 270
2. Critical Thinking and Analysis 27.0 % 270
3. Relationship Building and Influence 14.5% 145
4. Leadership and Management 27.0% 270
5. Physical and Sensory Effort 1.5% 15
6. Work Environment 3.0% 30
Total: 100.0% 1,000

Benchmark Position Descriptions

Benchmark position descriptions are used to exemplify degrees of each element and illustrate progression in the job evaluation standard, the application of the elements and the relationship between elements. Each description consists of a list of the principal duties and specifications describing the degree of each element to which the position is rated. The benchmark positions have been evaluated, and the degree and point values assigned to each element are shown in the specifications. The benchmark position descriptions are an integral part of the point rating plan and are used to ensure consistency in application of the element ratings.

Use of the Standard

There are six steps in the application of this job evaluation standard.

  1. The position description is studied to ensure understanding of the position as a whole. The relation of the position being rated to positions above and below it in the organization is also studied.
  2. Allocation of the position to the occupational group is confirmed by reference to the definitions and the descriptions of inclusions and exclusions.
  3. Tentative degrees of each element in the job being rated are determined by comparison with degree definitions in the rating scales. Uniform application of degree definitions requires frequent reference to the descriptions of elements and the application guidelines.
  4. The description of the element in each of the benchmark positions exemplifying the degree tentatively established is compared with the description of the element in the position being rated. Comparisons are also made with descriptions of the element in benchmark positions for the degrees above and below the one tentatively established.
  5. The point values for all elements are added up to determine the total point rating.
  6. The position being rated is compared as a whole to benchmark positions to which similar total point values have been assigned, as a check on the validity of the total rating.

Appendix A: Use of the Application Guidelines

The Law Management occupational group application guidelines have been developed to assist evaluators in understanding and applying the LC job evaluation standard in order to accurately, fairly and consistently evaluate LC work. The application guidelines are a reference tool and must be used in conjunction with the LC job evaluation standard.

In case of a discrepancy between the job evaluation standard and the application guidelines in the appendix, the job evaluation standard will take precedence.

The application guidelines may be updated as required.

Point Rating Scale

The distribution of points across each element in the Law Management evaluation plan is presented below in the point rating table.

Degree 1
Knowledge
2
Critical Thinking & Analysis
3
Relationship Building & Influence
4
Leadership & Management
5a
Physical and Sensory Effort A
5b
Physical and Sensory Effort B
5c
Physical and Sensory Effort C
6a
Psychological Work Environment
6b
Physical Work Environment
1 27 27 15 27 2 2 2 5 1
2 96 96 67 96 5 5 5 15 10
3 166 166 145 166 n/a n/a n/a 20 n/a
4 270 270 n/a 270 n/a n/a n/a n/a n/a
% Total 27.0% 27.0% 14.5% 27.0% 0.5% 0.5% 0.5% 2.0% 1.0%
1.5% 3.0%

Classification Level Point Boundaries

The following table illustrates the minimum and maximum points for each level.

Classification Level Point Minimum Point Maximum Point Spread
1 100 300 200
2 301 525 225
3 526 750 225
4 751 1,000 250

Element 1: Knowledge (Skill)

This element measures a combination of the level of subject-matter knowledge of the law and its practice, contextual knowledge of the legal, policy, operational and socio-political environments, as well as the levels of strategic and operational knowledge of management principles and their application required to perform at increasing levels of management in the organization. Increasing levels of knowledge are typically acquired through education and experience within and outside the organization.

Degree Degree Descriptor Points and Benchmarks
1

Requires an in-depth knowledge of a number of areas of law or practice particularly with respect to assigned areas of work including, knowledge of legal practices and processes and their application, clients' business, partners, and the legal and broader business environments within which the job operates. 

Requires sound knowledge of management principles, processes and approaches, and their application to a variety of operational challenges.

27

BM 1
BM 2
2

Requires an in-depth and extensive knowledge of a broad field of law or practice, including a comprehensive understanding of legal practices and process, and their strategic application to the broader legal, government and non-government environments. 

Requires in-depth knowledge of business processes and operational management approaches within a program, policy or service development or delivery group and an in-depth understanding of the relevant legal, operational and policy contexts related to the broader functional area or business line.

96

BM 3
BM 4
3

Requires an in-depth and extensive knowledge of a broad field of law or practice, the strategic application of the law to the broader legal, government and non-government environments, and linkages, alignment and impacts with other areas of law or broad business operations.

Requires highly-developed knowledge of strategic and operational management approaches and the translation of strategic objectives into operational priorities and plans.  Requires a highly-developed understanding of the various challenges and integration points for a complex multi-dimensional program or operation including an extensive understanding of the relevant legal, operational and policy contexts related to a broader legal portfolio and overall Department/Agency.

166

BM 5
BM 6
4

Requires extensive knowledge at the strategic level including knowledge of diverse fields of the law, the role of law and its comprehensive impacts across government and society, and the business processes and governance frameworks related to the law and the machinery of government. 

Requires extensive knowledge of strategic and operational management approaches, including the political, economic and socio-cultural conditions that impact the ability of the Government as a whole to achieve its mandate.

270

BM 7
BM 8

Refer to Appendix A: Application Guidelines- Element 1 for additional information.

Element 2: Critical Thinking and Analysis (Skill and Effort)

This element captures the requirement for critical thinking and analysis in law management work.  This element recognizes the increasing levels of critical thinking and analysis that stem from the nature and complexity of typical problems or issues encountered in law management work, and the nature and level of analysis and judgement that must be applied.

Degree Degree Descriptor Points and Benchmarks
1

Problems or issues are primarily operational in nature focused on the business and legal activities and workload of a defined delivery area.  Problem solving involves autonomy based on considerable experience and expertise. 

Critical thinking involves assessing client and operational requirements, anticipating and identifying legal issues and implications, identifying linkages among files and issues, developing file and client management strategies, and ensuring overall alignment of skill sets to workload.

27

BM 1
BM 2
2

Problems or issues are both operational and strategic in nature involving a network of perspectives, often-competing priorities, as well as significant legal, business, and political risk and impact related to a program, policy or service development or delivery group.

Critical thinking involves anticipating and identifying legal, operational and policy issues, linkages and implications including emerging trends and broader risks, and developing strategies to address them.
96

BM 3
BM 4
3

Problems or issues are primarily strategic in nature involving considerable legal, business and political risk and impact with many broad reaching impacts on the direction of a major program or business operation.

Critical thinking involves anticipating and identifying linkages and interplay with other policy/program/operational/business areas, and broader portfolio and/or business contexts, based on significant legal and operational management experience.
166

BM 5
BM 6
4

Problems or issues are highly strategic in nature focused on the long-term direction of the Department as a whole, its business and its role.  Issues at this level are typically of the highest complexity, profile and risk, with broadest government, societal, economic, and/or legal implications.

Critical thinking involves extensive strategic and risk analysis including the development of new business frameworks.

270

BM 7
BM 8

Refer to Appendix A: Application Guidelines - Element 2 for additional information.

Element 3: Relationship Building and Influencing (Skill and Responsibility)

This element captures the requirement in law management jobs to build and leverage relationships, as well as exercise influence within and outside the organization in order to coordinate approaches, advance issues, resolve problems and issues, and ensure the achievement of legal, operational and policy objectives at a variety of levels of complexity and overall impact.

Degree Degree Descriptor Points and Benchmarks
1

Builds a network of peer level relationships with clients, colleagues, and stakeholders within and outside government to coordinate approaches, ensure quality and consistency of service and advice, and to resolve issues. 

Requires the use of advanced persuasion and diplomacy, to influence policy or legal approaches in related program or operational areas.

15

BM 1
BM 2
2

Establishes and leverages a network of senior level relationships with clients, colleagues and stakeholders within and outside government to identify and anticipate strategic legal, operational and policy issues, trends and opportunities. 

Requires extensive persuasion and diplomacy skills to influence strategic decision-making on matters of law, policy and operations, as well as to resolve issues to facilitate the achievement of program, portfolio, client and/or business objectives.
67

BM 3
BM 4
BM 5
BM 6
3

Cultivates and maintains key strategic relationships and alliances on behalf of the Department/Agency at the highest levels within and outside government, as well as with political leadership to achieve the organization's overall business objectives. 

Requires the highest degree of persuasion and diplomacy skills to shape the development of the law, influence government and societal outcomes and resolve issues of the highest risk, complexity, and political sensitivity.

145

BM 7
BM 8

Refer to Appendix A: Application Guidelines - Element 3 for additional information.

Element 4: Leadership and Management (Responsibility)

This element captures the responsibility for providing leadership and people and operational management including setting directions, goals and priorities, as well as planning and managing and monitoring results.  This element recognizes that the complexity of the management and leadership responsibility increases with factors such as scope, size, diversity and multiplicity of operations, as well as the increasing challenge of managing through, and being accountable for, multiple layers of management.

Degree Degree Descriptor Points and Benchmarks
1

Planning, management and leadership at this level are operational in nature focused on the requirements of a work unit, a sub-section of a regional portfolio or a small departmental legal services unit (DLSU). 

Responsibility is focused on setting the vision, business direction and priorities for the unit, and managing client business relationships in the performance of the work.  Activities include operational work planning, resource plans and budgets, aligning team members and case files, ensuring quality of services and advice, and contributing to, and implementing higher level business plans.

27

BM 1
BM 2
2

Planning, management and leadership at this level are both operational and strategic in nature focused on the requirements of a program, policy or service development or delivery group. 

Responsibility involves setting the vision, business direction and priorities of the group, managing key client business relationships, reviewing and integrating workplans and priorities of subordinate units, including human and financial resource plans, as well as contributing to, and implementing higher level business plans.

OR

Planning, management and leadership at this level are both operational and strategic in nature focused on the requirements of a mid-sized full-service DLSU. 

Responsibility involves setting the vision and business direction and priorities of the DLSU, balancing the strategic and operational requirements of the client organization with the direction and plans of the Department of Justice in order to develop effective client management strategies and service delivery plans.  Activities are focused on operational work planning, establishing and managing human and financial resources plans, providing input to client business plans, as well as contributing to, and implementing broader departmental business plans.
96

BM 3
BM 4
3

Planning, management and leadership at this level are primarily strategic in nature, focused on the requirements of a complex, multidimensional program/practice or an operation involving a multiplicity and/or diversity of subordinate programs or functions, and layers of management accountability. 

Responsibility involves setting the vision, business direction and priorities, balancing and integrating multiple, often competing inputs, reviewing and integrating workplans and priorities of multiple programs, functions or operations, including human and financial resource plans, as well as contributing to, and implementing higher level strategies and business plans.

OR

Planning, management and leadership at this level are both operational and strategic in nature focused on the requirements of a large DLSU, typically involving a variety of highly complex client business operations, high profile, high impact, cross cutting issues, multiple areas of law and service, and significant human and financial resource challenges. 

Responsibility involves setting the vision and business direction and priorities of the DLSU, balancing the strategic and operational requirements of the client organization with the direction and plans of the Department of Justice in order to develop effective client management strategies and service delivery plans.  Activities are focused on operational work planning, establishing and managing human and financial resources plans, inputting to client business plans, as well as contributing to, and implementing broader departmental business plans

166

BM 5
BM 6
4

Planning, management and leadership at this level are highly strategic focused on the development of the vision, national strategies, overall direction, major goals and objectives for a Branch, Sector or Portfolio. 

Responsibility involves identifying strategic legal system and business improvement opportunities, effecting change, and mobilizing effort.  Planning and management activities at this level have a long-term horizon and include the integration of multiple regional plans and priorities into the Portfolio, Sector or Branch plans, as well as contribution to setting and managing the vision and strategic direction of the Department as a whole.
270

BM 7
BM 8

Refer to Appendix A: Application Guidelines - Element 4 for additional information.

Element 5: Physical and Sensory Effort (Effort)

This element measures physical and sensory effort required in the performance of law management work. It recognizes the physical effort and energy involved in exerting force, either while moving or while staying still, or in performing a sequence of apparently small movements. It also recognizes the strain associated with intense sensory focus, e.g. visual, tactile or auditory. This element considers how long this effort is being exerted and how often this effort is required.

The following examples provide some illustration of the nature and intensity of physical and sensory effort intended to be captured by this element, however, are not exhaustive.  Other efforts of equivalent intensity should be rated similarly.

All categories of Effort (A, B & C) must be rated separately.

Physical and Sensory Efforts Points and Benchmarks

Degree 1

Rarely / Occasionally

Degree 2

Regularly

A. Physical Mobility

  • Sitting or standing for prolonged periods where there is limited opportunity or freedom to shift activity.
  • Prolonged keyboarding with limited opportunity or freedom to shift activity.

Degree A1

2 points

n/a

Degree A2

5 points

BM 1
BM 2
BM 3
BM 4
BM 5
BM 6
BM 7
BM 8

 

B. Physical Strength

  • Carrying/moving/lifting heavy volumes of work materials, such as legal briefcases, computers, boxes of files, or legal texts.

Degree B1

2 points

BM 1
BM 2
BM 3
BM 4
BM 5
BM 6
BM 7
BM 8

 

Degree B2

5 points

C. Sensory Effort

  • Prolonged viewing computer screens.
  • Prolonged periods of reading or proofreading of data or documentation.
  • Prolonged auditory effort.
  • rolonged periods of driving with minimal opportunity to change work activities.

Degree C1

2 points

n/a

Degree C2

5 points

BM 1
BM 2
BM 3
BM 4
BM 5
BM 6
BM 7
BM 8

 

Refer to Appendix A: Application Guidelines - Element 5 for additional information.

Element 6: Work Environment (Working Conditions)

This element measures the physical and psychological surroundings or conditions within which the work must be performed and the extent to which they make the job unpleasant.  Below are illustrative lists of the disagreeable psychological working conditions that may be found in the law management work environment.  Psychological and physical work environments must be rated separately.  Select the degree that best applies.

When rating, assume that working conditions comply with current legislation and standards. Please do not consider the inefficiencies of heating, cooling and ventilation systems; measure only conditions that are an integral part of the work.

A. Psychological Work Environment
Degree Degree Descriptor Points and Benchmarks
A1 Typical Environment
  • lack of control over one's agenda
  • disruptions in lifestyle caused by unusual work patterns such as travel or extended hours of work
  • conflict resulting from typical management activities such as:
    • managing staff relations issues
    • time pressures, unexpected deadlines, and shifting priorities

5

BM 1
BM 2
BM 3
BM 4
BM 5

 

A2 Confrontational Environment

In addition to A1 environmental factors:

  • Managing major changes and implementing and supporting unpopular decisions
  • Significant pressure and conflict associated with responding to, managing and balancing multiple competing demands at a level of high criticality and impact
  • Pressure from stakeholders on the direction of management directions and decisions
  • Exposure to an angry or hostile environment, i.e.,
    • The requirement to intervene and/or resolve conflicts with confrontational people, contentious clients and/or interest groups or stakeholders

15

BM 7
BM 8

A3 Threatening Environment

In addition to A1 and A2 environmental factors:

  • Direct personal impact and indirect psychological impacts of support and management of staff in uncontrollable, threatening situations, including:
    • Personal target of a variety of attacks aimed at destabilizing a file or case
    • Threats to well-being and intimidation from hostile parties
    • Exposure to graphic material including crime scene photos and other evidentiary exhibits
  • Target of highly publicized criticism, including outcry and demonstrations, by the general public, lobby and interest groups or the media against government positions.

20

BM 6

B. Physical Work Environment
Degree Degree Descriptor Points and Benchmarks
B1
  • Physical work environment is generally a controlled office environment
  • Includes requirement to travel in the performance of the work

1

BM 1
BM 2
BM 3
BM 4
BM 5
BM 7
BM 8

B2
  • Frequent travel
  • Extreme, uncontrollable and unpredictable weather conditions
  • Poor quality accommodation and makeshift work facilities

10

BM 6

Refer to Appendix A: Application Guidelines - Element 6 for additional information.

Benchmark Position Descriptions

BM Descriptive Title Total
Points
Classification Level Group and Level
1 Regional Manager and Senior Counsel 114 1 LC-01
2 Director and Senior Counsel 114 1 LC-01
3 Director and General Counsel, Commercial Law Section 373 2 LC-02
4 Director, Operations 373 2 LC-02
5 Executive Director and Senior General Counsel 583 3 LC-03
6 Chief Federal Prosecutor 607 3 LC-03
7 Assistant Deputy Minister, Public Law Sector 983 4 LC-04
8 Assistant Deputy Attorney General 983 4 LC-04

Benchmark 1: Regional Manager and Senior Counsel

Point Rating 1-1-1-1-A2-B1-C2-A1-B1 = 114 points

Level LC-01

Reports to the Regional Director, Tax Law Services

Organization Context and Position Summary

Responsible for a Litigation unit within the regional Tax Law Services section of the British Columbia (BC) office, Department of Justice Canada. The Tax Law Services unit includes law practitioners, paralegal and administrative support positions and is part of the national Tax Law portfolio within the Department of Justice.

Reports to the Regional Director, Tax Law Services and manages a unit of law practitioners. The unit is responsible for the preparation of litigation files, the provision of advice and guidance, and the representation of the Canada Revenue Agency in proceedings before the Tax Court of Canada and, to a lesser degree, the Federal Court, the Federal Court of Appeal and the BC Supreme Court.

Manages litigation that has been initiated in response to disputes under the Income Tax Act, the Excise Tax Act (Part IX), the Employment Insurance Act and the Canada Pension Plan. The Canada Revenue Agency has joint responsibility for the latter two Acts, along with Employment and Social Development Canada. Litigation is typically initiated in the form of an appeal to the Tax Court by an appellant who is a private individual or entity, or a public entity such as the province of British Columbia.

Plans and manages the activities and resources of the Litigation unit within the regional Tax Law Services section in the provision of advice, guidance and representation of the client department before the Tax Court of Canada, the Federal Court, the Federal Court of Appeal, and the BC Supreme Court.

Duties

  1. Contributes to the operational, human resource and financial plans, business direction and priorities for the Tax Law Services section. Monitors plans against stated objectives and priorities, and modifies unit operations to meet planned outcomes.
  2. Contributes to the Tax Law Services section's quality assurance practices, procedures and standards to efficiently manage legal files and issues.
  3. Reviews incoming litigation cases, assigns files to the appropriate counsel, and vets files upon completion to ensure quality, consistency and coordination of legal issues. Conducts legal risk assessments and identifies methods of managing risk, and advises on potential issues.
  4. Provides legal, procedural and managerial advice and guidance to unit counsel; provides functional guidance, advice and feedback to section counsel who review draft pleadings prepared by Canada Revenue Agency.
  5. Provides advice and guidance on individual files, legal and settlement options, and the broad coordination and resolution of cases; authorizes settlements for low dollar value claims.
  6. Represents the Canada Revenue Agency in proceedings before the Tax Court of Canada, the Federal Court, and the Federal Court of Appeal.

Knowledge 

Degree: 1

Points: 27

Knowledge and specialized expertise in tax law as set out in the Income Tax Act, the Excise Tax Act (Part IX), the Employment Insurance Act, and the Canada Pension Plan is required to manage litigation services and provide advice and guidance to unit counsel, counsel assigned to draft pleadings and clients on tax litigation files and related legal issues.

Knowledge of other areas of law as they relate to tax law and tax litigation to provide comprehensive legal advice on litigation cases (e.g., business and commercial law, trust and estate law, family law, contract law, public law, privacy law and related statutes).

Knowledge of the rules of procedure and evidence for the Tax Court of Canada, the Federal Court and the Federal Court of Appeal and related expertise in drafting legal documents (e.g. pleadings, affidavits, memoranda of fact and law, and other documents) to represent the client in litigation proceedings before the court, and to advise and provide guidance to unit counsel assigned to draft pleadings.

Knowledge of operational management including planning and budgeting, financial management of a cost centre, the development of litigation performance measures, and the mentoring and development of legal staff to improve litigation capacity and ensure consistent, quality advice to the client.

Knowledge of human resources management including staffing, classification, performance management, training and development, and succession planning to manage and ensure the professional development of legal counsel.

Knowledge of the mandate of the Department of Justice, and of departmental and regional priorities and objectives, to develop and ensure the unit's contribution to operational plans and litigation activities to support these objectives.

Knowledge of the structure and organization of the Canada Revenue Agency at the regional and national level to support this primary client during litigation and to discuss and resolve legal and operational service issues.
Knowledge of quality assurance, and risk assessment methods and practices to ensure the completeness and quality of case files and the appropriate risk mitigation throughout the litigation process.

Critical Thinking and Analysis   

Degree: 1

Points: 27

Analyzes operational, human resources and financial requirements to meet litigation workloads, priorities and objectives and to contribute to the annual budgets and plans consistent with Section, regional and national priorities and objectives.
Analyzes individual counsel and Unit performance through review of completed files, litigation trends and outcomes. Identifies opportunities to increase operational efficiencies through the implementation of service standards and benchmarks and through the training and development of in-house legal counsel.

Researches and analyzes legal issues, facts and jurisprudence to develop options, advice, arguments and pleadings in support of the client and litigation in the courts; and to present facts, findings and opinions in a clear and concise manner.

Manages and/or conducts risk assessments of case files, identifies potential issues, and determines, in consultation with counsel, how to manage the file. Refers cases to other centres of expertise within the Department of Justice. Approves low-dollar value settlements without client consultation.

Relationship Building and Influencing  

Degree: 1

Points: 15

Develops positive working relationships with peers within the Canada Revenue Agency, Appeals Division (the client) to discuss and resolve tax litigation issues.

Builds and manages a network of peer level relationships within the region and at departmental headquarters in order to:

  • coordinate approaches for the resolution of litigation issues and ensure quality and consistency of advice;
  • identify opportunities to influence regional and national planning, and approaches to tax litigation; and,
  • represent the Department of Justice and provide subject-matter expertise as of member of a variety of inter-departmental and departmental committees.

Leadership and Management     

Degree: 1

Points: 27

Contributes to section operational and strategic plans, quality, service and operational standards to support the broader divisional and regional plans, guide the provision of legal services to the Canada Revenue Agency, and ensure the critical integration and reconciliation of client and Department of Justice requirements, needs and special considerations.

Leads and mentors legal practitioners through the setting of goals, priorities and objectives, assignment and review of case files for quality consistency and completeness, the provision of advice and guidance throughout the litigation process, the evaluation of overall performance, and identification of training and professional development needs.

Provides functional guidance and advice to a team of legal practitioners in the drafting of pleadings which form the foundation of litigation which is subsequently conducted in Tax Court.

Manages a cost centre and supports the Director in the overall financial management of the section, including salary and O& M budgets to meet operational requirements and planned objectives.

Manages the relationship between the Department of Justice and the client through regular meetings to provide advice and guidance on individual files, legal and settlement options, and the broad coordination and resolution of cases to meet legal, operational and policy objectives.

Physical Mobility  

Degree: A2

Points: 5

Regularly sits for long periods of time to review and revise documents and participate in court proceedings and meetings.

Physical Strength    

Degree: B1

Points: 27

Occasionally carries or moves/lifts items (e.g. boxes, briefcases, legal texts) used in the support of the work.

Sensory Effort  

Degree: C2

Points: 5

Frequently views computer screens and reads and reviews documents for prolonged periods, requiring extensive visual effort.

Psychological Work Environment  

Degree: A1

Points: 5

The work requires dealing with conflicting issues and parties, multiple demands, time pressures, shifting priorities and deadlines, which may lead to a lack of control over one's agenda.

There is an occasional requirement to travel and work overtime, with resulting impact upon home life.

Physical Work Environment      

Degree: B1

Points: 1

Work is regularly performed in a typical office environment or in a courtroom setting.

There is a requirement for occasional travel, resulting in jetlag and fatigue.

Benchmark 2: Director and Senior Counsel

Point Rating 1-1-1-1-A2-B1-C2-A1-B1 = 114 points

Level LC-01

Reports to the Senior General Counsel and Director General

Organization Context and Position Summary

The Canadian Human Rights Commission is a small department (<100 FTEs) created to administer the Canadian Human Rights Act. It also ensures compliance with the Employment Equity Act. The Commission operates independently from government when administering these two acts of Parliament and relies on its own legal counsel, who are independent of the Department of Justice, to provide legal advice, guidance, policy and risk assessment on human rights and employment equity issues to the Canadian Human Rights Commission.

The position is one of five executive-level positions reporting to the Senior General Counsel and Director General. The other positions are the Director and Senior Counsel, Litigation; Director Investigation Services; Director, Resolution Services, and the Director, Employment Equity. Reporting to the subject position are law practitioners, paralegals and administrative support positions.

Plans and manages the financial and human resources and the provision of legal advisory services (legal advice, guidance, policy and risk assessment) to the Canadian Human Rights Commission with respect to its mandate and responsibilities under the Canadian Human Rights Act and the Employment Equity Act.

Duties

  1. Contributes to branch strategic, operational, financial and human resource planning; monitors and modifies Legal Advisory Services unit plans and priorities to meet changing requirements.
  2. Leads and manages staff in the research, analysis and provision of legal advice and guidance to the Canadian Human Rights Commission on human rights and employment equity legal issues, trends and risks.
  3. Manages the financial resources of the division. Manages the Access to Information and Privacy (ATIP) budget resources for the Canadian Human Rights Commission.
  4. Reviews and monitors legal and policy issues and case work on a continual basis to identify linkages among files and issues, so as to ensure consistent, integrated approaches to providing advice and managing legal risk.

Knowledge    

Degree: 1

Points: 27

Knowledge of the Canadian Human Rights Act, the Employment Equity Act, the Canadian Charter of Rights and Freedoms and related administrative law and public law and related policy issues is required to research legal issues, case law, complaint facts, and jurisprudence; to provide legal advice and guidance to Canadian Human Rights Commission staff and executive management; and to assess and advise on legal risks.

Knowledge of other areas of law impacting on legal advice and decisions with respect to human rights and/or employment equity, including, but not limited to, contract law, labour law and employment law, in order to provide legal advice and guidance to staff.

Knowledge of operational, business, human resource and financial planning to contribute to branch plans, priorities and objectives. Knowledge of budgeting, forecasting and financial management to manage resources.

Knowledge of human resources management, including classification, staffing, performance management, coaching/mentoring, career development, succession planning and change management, to manage and develop Legal Advisory Services staff, and coach and mentor articling students.

Knowledge of the mandate of the Commission, and its strategic direction and priorities in order to manage staff in the provision of consistent, integrated legal advisory services.

Knowledge of the structure, mandates, programs, policies, legal positions and issues of federal departments and central agencies (e.g. Treasury Board Secretariat, Public Service Commission and Justice Canada) in order to provide legal advisory services to the Canadian Human Rights Commission and to assess legal risks.

Knowledge of the mandate, legislation, priorities and programs of human rights organizations in other Canadian jurisdictions to develop positive working relationships, consult on legal and policy issues, and coordinate approaches on cross-jurisdictional issues.

Critical Thinking and Analysis    

Degree: 1

Points: 27

Analyzes a variety of information (e.g., financial and operational analyses and higher level strategies and plans) in order to prepare operational plans such as human resources and financial plans, budgets and legal service agreements.

Analyzes and integrates legal facts, opinions, jurisprudence and law from a variety of sources (e.g., court decisions, policy papers, legal statutes from federal and other jurisdictions) in order to provide advice to the Commission on broad legal issues affecting its mandate and priorities; to manage the provision of consistent, integrated legal advice to staff on issues; and to identify options and strategies to address issues and minimize legal risks.

Analyzes legal documents and opinions prepared by division counsel in order to ensure the quality and consistency of legal or policy advice; provides direction and advice on alternative approaches or solutions to problems or client requirements.

Identifies and assesses legal and policy issues and risks; develops consistent operational and strategic approaches to legal issues management; reviews and provides guidance on issues to ensure the quality and consistency of opinions, draft reasons and advice; and reviews and revises legal work, as needed.

Relationship Building and Influencing    

Degree: 1

Points: 15

Establishes a network of relationships with colleagues within the Canadian Human Rights Commission, federal departments and agencies, the Canadian Association of Statutory Human Rights Agencies, the Canadian Bar Association, the Indigenous Bar Association and other legal stakeholders to coordinate legal approaches, supplement or validate information, provide advice and subject matter expertise on legal issues, and facilitate the achievement of the Canadian Human Rights Commission's legal, operational and policy objectives.

Leadership and Management       

Degree: 1

Points: 27

Provides input to the Senior General Counsel and Director General in the strategic, operational and business planning and management of the division, including performance reporting and establishing and aligning the division's strategy, direction, service standards and priorities with the Commission's business plans.

Manages the work and resources of the division, which includes law practitioners, paralegal and administrative support positions; sets goals, priorities and objectives; assigns files and reviews the quality of work; fosters an environment which supports legal knowledge-sharing and good law practice management behaviours; identifies human resource and project requirements; monitors and evaluates performance; recognizes achievements; resolves performance issues; supports career development; and manages salary and O& M budgets.

Manages budgets and resources for the ATIP Unit.

Physical Mobility     

Degree: A2

Points: 5

Regularly sits for prolonged periods of time during meetings, negotiations and consultations.

Physical Strength         

Degree: B1

Points: 2

Occasionally carries or moves/lifts items used in the support of the work, including, but not limited to, legal briefcases, boxes of files, or legal texts.

Sensory Effort     

Degree: C2

Points: 5

Regularly views computer screens for prolonged periods and regularly reads documents for prolonged periods.

Psychological Environment        

Degree: A1

Points: 5

The environment is one of political sensitivity and solicitor-client privilege where confidentiality and discretion are essential. There is little control over the frequency or duration of the demand for legal services and there are frequent distractions and interruptions from telephone calls and visitors, with little control over the traffic flow.

Occasionally required to travel on business.

There is a requirement to work extended hours due to lack of control over one's agenda, multiple competing demands, time pressures and shifting priorities and deadlines.

Physical Environment       

Degree: B1

Points: 1

The work is performed in a typical office environment.

There is an occasional requirement for travel, resulting in fatigue.

Benchmark 3: Director and General Counsel, Commercial Law Section

Point Rating 2-2-2-2-A2-B1-C2-A1-B1 = 373 points

Level LC-02

Reports to the Assistant Deputy Minister, Business and Regulatory Law

Organization Context and Position Summary

The Commercial Law section is part of the Business and Regulatory Law portfolio located within the headquarters of the Department of Justice Canada.

The Commercial Law section, Business and Regulatory Law portfolio of the Department of Justice is the Department's national, corporate centre of expertise regarding commercial law. It provides training and education, legal opinions, advice and guidance on commercial law issues, risks and best practices to counsel and clients (departments and agencies) across the Government of Canada and is also responsible for building knowledge of commercial law across the Department of Justice.

Manages the Commercial Law section of the Business and Regulatory Law portfolio in the provision of coordinated, integrated and consistent corporate legal advice and guidance across the Government of Canada on all aspects of commercial law. The Commercial Law section consists of legal counsel who specialize in areas of commercial law such as intellectual property law, real property law, contract law and corporate law. The section also includes paralegal and administrative support positions.

Duties

  1. Leads and manages strategic, operational, financial and human resource planning for the Commercial Law section. Monitors and modifies plans to meet changing requirements.
  2. Oversees and manages the work of staff in three subordinate units in the monitoring, analysis and provision of legal advice and guidance on commercial law issues, trends and risks to the Department of Justice and client departments/agencies, and manages the financial resources of the section.
  3. Leads and manages project teams in the research, analysis and development of advice and guidance on commercial law-specific issues and case files.
  4. Acts as principal legal advisor for client departments/agencies across government and for the Department of Justice in the area of commercial law.
  5. Develops methods and procedures and contributes to the development of technologies and systems for the collection and dissemination of information, policies, advice and guidance; organizes national conferences and workshops, and develops and delivers training.

Knowledge    

Degree: 2

Points: 96

Knowledge and expertise in commercial law and related sub-specialties, including intellectual property law, real property law, contract law and corporate law, is required to lead and mentor a specialized staff in the provision of legal advice and guidance; to act as principal legal advisor to client departments/agencies and to the Department of Justice in the specialty area of law; and to lead project teams on commercial law-specific issues.

Knowledge of areas of legal practice such as contract law, crown law, corporate law and administrative law as it relates to commercial law and broader client and legal contexts, is required to provide legal advice and guidance and to assess risks.

Knowledge and experience in strategic and operational planning to develop and implement integrated plans that balance and meet the priorities and objectives of client departments, the Department of Justice and the Government of Canada.

Knowledge of broad Government of Canada priorities and objectives (e.g., business transformation, legislative reform, change management) to contribute, as a member of the Business and Regulatory Law portfolio executive team, to these priorities at a corporate and operational level within the section.

Knowledge of human resources and financial management to develop human resource and financial plans, manage salary and operational budgets, attract and retain staff, develop employee capacity, and assess employee performance in commercial law and its related specialty areas (intellectual property law, real property law, and contract law).

Knowledge of project management to plan, manage and coordinate legal specialist teams in the development of legal guidance, advice, and risk assessment.

Knowledge of the mandate, objectives, strategies, policies, programs, plans and operational realities of Department of Justice portfolios, stakeholders, centres of expertise, regional offices and Departmental Legal Services Units to coordinate, formulate and disseminate clear, comprehensive, integrated advice and guidance on commercial law issues.

Critical Thinking and Analysis         

Degree: 2

Points: 96

Identifies strategic, operational, human resource and financial requirements and develops and implements plans to meet section requirements.

Coordinates, synthesizes, analyzes and integrates information on legal issues and legal trends in commercial law, conducts risk assessments, develops risk mitigation strategies, and provides advice and guidance to the Department of Justice and client departments consistent with government and departmental priorities and objectives.

Analyzes legal documents, options and guidance, briefings and correspondence prepared by section counsel to ensure quality and consistency of advice. Considers broad government implications and impacts, identifies legal and risk management issues, and proposes alternative solutions to counsel to ensure the provision of consistent expert advice.

Analyzes cases emanating from the courts (at all levels) to determine implications for the practice of commercial law.

Leads project teams consisting of legal counsel and client representatives on a variety of commercial law files that may be national in scope or client specific. Analyzes issues and drafts advice and guidance for approval by senior management.

Relationship Building and Influencing      

Degree: 2

Points: 67

Develops positive working relationships with senior management, legal managers and counsel from across government to provide advice and guidance on issues relating to commercial law; to lead project teams requiring national coordination of resources; and to respond to requests for specialized commercial law analysis, advice, guidance and training.

Establishes working relationships with private counsel involved in the practice of commercial law to anticipate, identify, discuss and share information on emerging issues and best practices.

Drafts briefings and guidance on emerging and legal policy issues; advise senior management of issues; and drafts and disseminates guidance through executive management channels in order to influence or persuade and to ensure consistency of commercial law-related advice across government. 

Leadership and Management     

Degree: 2

Points: 96

Responsible for strategic and operational planning for the Commercial Law section to ensure alignment of plans and priorities with those of the Business and Regulatory Law portfolio, the Department of Justice and the Government of Canada.

Leads and manages the activities of staff through three subordinate legal specialist teams (intellectual property law; real property law; and contract and corporate law), including: setting goals, priorities and objectives; contributing to the section's and the portfolio's human resources plans; assigning work; leading performance review processes; and identifying training and development needs of counsel to meet operational requirements.

Manages the section's financial resources through the development of financial plans and the management of salary and O& M budgets.

Responsible for national leadership, management, coordination and integration of commercial law advice, guidance and risk management that is consistent with the priorities and objectives of clients, the Department of Justice and the Government of Canada.

Physical Mobility     

Degree: A2

Points: 5

Regularly sits for prolonged periods of time when attending meetings, negotiations, consultations, document review or when conducting legal analysis.

Physical Strength     

Degree: B1

Points: 2

Occasionally carries or moves/lifts items used in the support of the work, including but not limited to, legal briefcases, boxes of files or legal texts.

Sensory Effort        

Degree: C2

Points: 5

Regularly views computer screens and reads and reviews documents for prolonged periods requiring extensive visual effort.

Psychological Environment       

Degree: A1

Points: 5

The work requires dealing with conflicting issues and parties, multiple demands, time pressures, shifting priorities and deadlines which may lead to a lack of control over one's agenda.

There is an occasional requirement to travel and work overtime with resulting impact upon home life.

Physical Environment       

Degree: B1

Points: 1

Work is regularly performed in a typical office environment.

There is a requirement for occasional travel, resulting in jetlag and fatigue.

Benchmark 4: Director, Operations

Point Rating 2-2-2-2-A2-B1-C2-A1-B1 = 373 points

Level LC-02

Reports to the Executive Director and Chief Pensions Advocate

Organization Context and Position Summary

The Bureau of Pensions Advocates is a small (< 100 FTEs), nation-wide organization of advocates (lawyers) within Veterans Affairs Canada. The Bureau's mandate is to assist clients in the preparation of applications for review or appeals and to arrange for them to be represented by an advocate at hearings before the Veterans Review and Appeal Board.

The Bureau of Pensions Advocates operates at arm's length from Veterans Affairs Canada in regard to its advocacy mandate and has 14 offices organized into four areas (Atlantic, Quebec, Ontario and Western) across Canada. There is an Appeal Unit at headquarters, comprising a team of five advocates.

Manages the Appeal Unit and provides direction and oversight to the four area offices.

Plans and manages national advocate services to assist clients in the preparation of applications for review or appeals and to represent clients at hearings before the Veterans Review and Appeal Board and represents clients on appeal cases.

Duties

  1. Provides input to the Bureau's strategic directions and plans. Sets and manages the national business direction and priorities for advocate services; develops and manages operational, human and financial resources and related plans and budgets.
  2. Assigns, reviews and monitors files and cases, identifies broader strategic implications and risks and provides related advice and guidance to the executive management team; develops and implements policies and procedures to improve client services.
  3. Provides advice and guidance to Bureau advocates on complex cases, ethical issues, and medico-legal issues; recommends alternative approaches or solutions; advocates on behalf of individual clients where cases are complex, lack jurisprudence or have a high media profile.
  4. Presents Applications for Reconsideration before the Veterans Review and Appeal Board and coordinates the return of cases by the Federal Court of Canada to the Veterans Review and Appeal Board.
  5. Represents the Bureau on matters of interpretation before the Veterans Review and Appeal Board and on applications for judicial review before the Federal Court of Canada.

Knowledge        

Degree: 2

Points: 96

Knowledge of the Pension Act, New Veterans Charter, Veterans Review and Appeal Board Act, War Veterans Allowance Act, Department of Veterans Affairs Act, Interpretation Act, and related jurisprudence, as well as knowledge of administrative law and rules of evidence to plan and manage advocacy services, provide legal counsel, provide advice and expertise on cases, and represent clients throughout Veterans Review and Appeal Board processes. This knowledge is also required to bring questions of interpretation before the Federal Court.
Knowledge of the Public Service Employment Act, Financial Administration Act, Official Languages Act, Public Service Staff Relations Act and Access to Information and Privacy Act is required to manage advocate operations and ensure the confidentiality and privacy of employee and client information.

Knowledge of the principles of legal ethics and codes of professional conduct to lead and manage advocates and to provide legal services to clients of the Bureau.

Knowledge of medical principles, ethics, medical terminology, etiology and disease interrelationships, medico-legal practice with respect to personal injury and disability, and of related medical-legal issues, to assess legal risks and provide legal advice and direction to advocates and advice to clients.

Knowledge of the mandates, structure, policies, strategic direction and priorities, programs, and legal and operational policy contexts of the Bureau of Pension Advocates, Veterans Affairs Canada, the Veterans Review and Appeal Board, and of key departments (Department of National Defence and the Royal Canadian Mounted Police) to manage advocate services and contribute to the strategic direction of the Bureau of Pension Advocates.

Knowledge of the mandate, structure and priorities of veterans' organizations (e.g. Royal Canadian Legion) and the Office of the Veterans Ombudsman in order to consult on veterans' issues, and provide training on the Bureau's services, processes and issues.

Knowledge of business processes and operational management is required to develop operational plans, contribute to strategic planning and reviews of the Bureau, ensure financial management and control of budgets, and manage human resources.

Critical Thinking and Analysis      

Degree: 2

Points: 96

Analyzes, identifies and establishes national operational priorities, plans and performance/accountability frameworks to guide advocate services and influence the organization's strategic direction. Defines and administers the accountability, monitoring and reporting frameworks to ensure activities are in accordance with established legislative regulatory and policy requirements; identifies areas of non-compliance and determines corrective action.

Analyzes cases and files from a national perspective, identifies trends, legal risks and implications for the Bureau and develops strategies and plans to manage broad or emerging issues, balance legal and business requirements, and address client legal needs.

Analyzes individual cases and files, identifies risks and issues; provides legal advice to advocates on diverse, controversial legal issues affecting clients; and identifies options and strategies to address those issues and minimize legal risk.

Identifies, analyzes and determines the implications of Veterans Review and Appeal Board decisions and the impact on client appeals and reviews and advises advocates and management of the implications. Develops new strategies and courses of action, novel arguments and approaches in the absence of jurisprudence or when cases break new ground.

Formulates and implements policies and procedures to improve client services on a national basis, in collaboration with the Director, Strategic Planning and Management Support.

Relationship Building and Influencing       

Degree: 2

Points: 67

Develops networks within Veterans Affairs Canada and among stakeholder groups (e.g. Veteran's Ombudsman, Royal Canadian Legion, private law societies) to increase understanding of issues and resolve problems.

Builds and manages a network of relationships within Veterans Affairs Canada, and represents the Bureau nationally and locally, with clients, veterans' organizations, the Office of the Veterans Ombudsman, the Canadian Armed Forces, and other stakeholders and colleagues and utilizes persuasion and diplomacy in order to:

  • increase understanding of legal and policy issues affecting client outcomes;
  • identify opportunities to influence national policy or legal approaches;
  • advocate changes to national policies and practices to improve client access to benefits and assessments to which they are entitled;
  • coordinate approaches for the resolution of issues impacting the client;
  • ensure the quality and consistency of service and advice; and
  • provide expert advice on disability advocacy issues.

Participates as a member of the Senior Management Committee to influence the Bureau's strategic direction, priorities, corporate values and culture.

Leadership and Management       

Degree: 2

Points: 96

Directly manages the financial and human resources of the Appeal Unit and, through the Area Directors, the national advocacy resources of the Bureau, including:

  • establishing human resources plans, setting work priorities, aligning team members and case files; monitoring and evaluating performance, recognizing achievements, resolving performance issues and supporting career development;
  • fostering an environment that supports legal knowledge sharing, quality client service and good law practice behaviours;
  • establishing financial plans and managing salary and O& M budgets;
  • providing input to and supporting the Bureau's business plan, human resources plan and annual budget; and,
  • providing review and guidance on legal issues.

Provides national direction, advice and guidance to Bureau advocates through the review of files to ensure quality and consistency of opinions and advice to clients. Identifies legal and policy issues and risks and provides advice to the Bureau's management.

Formulates and implements policies and procedures to improve client services on a national basis in conjunction with the Director, Strategic Planning and Management Support.

Physical Mobility 

Degree: A2

Points: 5

Regularly sits for long periods of time (with breaks) in order to review and revise documents and participate in appeal/review proceedings and meetings

Physical Strength      

Degree: B1

Points: 2

Occasionally carries or moves/lifts items used in the support of the work, including, but not limited to, legal briefcases, boxes of files or legal texts.

Sensory Effort          

Degree: C2

Points: 5

Frequently views computer screens and reads and reviews documents for prolonged periods requiring extensive visual effort.

Psychological Environment    

Degree: A1

Points: 5

The work requires dealing with conflicting issues, multiple demands, time pressures, shifting priorities and deadlines, which may lead to a lack of control over one's agenda.

There is a requirement to provide advice on sensitive, complex and emotionally-driven and politically-charged issues, which may result in stress and fatigue.

Physical Environment       

Degree: B1

Points: 1

Work is performed in a typical office environment.

There is some requirement to travel, resulting in jet lag and fatigue.

Benchmark 5: Executive Director and Senior General Counsel

Point Rating 3-3-2-3-A2-B1-C2-A1-B1 = 583 points

Level LC-03

Reports to the Assistant Deputy Minister, Business and Regulatory Law

Organization Context and Position Summary

The Department of Justice has established dedicated departmental legal services units (DLSUs) for most government departments and agencies. DLSUs provide departments with legal advice and guidance to facilitate their operations and fulfill their mandates. Legal counsel of the DLSUs are employees of the Department of Justice, but are typically co-located within the client department's offices. Costs of legal services are negotiated through service agreements between the Department of Justice and the client department. Clients fund a portion of the costs for legal counsel and directly employ all non-legal staff of the DLSU.

The subject position is Executive Director and Senior General Counsel, responsible for the leadership, oversight and management of a large DLSU of the Department of Justice that provides legal services to Agriculture and Agri-Food Canada (Agriculture Portfolio) and the Canadian Food Inspection Agency (Health Portfolio).

Legal services are embedded within the client organizations at headquarters and within four regions (Atlantic, Quebec, Ontario, and Western Canada). The DLSU employs approximately 38 lawyers and 20 non-legal staff.

Duties

  1. Leads and manages strategic and operational planning for the DLSU; monitors plans against stated objectives and reallocates resources to fulfil planned activities; oversees and manages DLSU financial and human resources; ensures strategic and operational coordination and integration of client, Department of Justice and government-wide objectives, priorities and initiatives.
  2. Negotiates with clients, on an annual basis, resource levels and service agreements for the provision of national, integrated legal services and advice.
  3. Oversees and manages advisory and litigation services in all areas of law affecting the clients' regulatory mandate, programs and corporate affairs. Provides leadership and oversight in the identification, analysis and management of clients' legal risks. Consults with counterparts or subject matter specialists at the Department of Justice on legal and risk management issues with a view to developing common legal positions for the Government of Canada.
  4. Acts as principal legal advisor to clients, their respective Ministers, Deputy Ministers or equivalents, and executive teams.
  5. Participates as a member of the Department of Justice, Business and Regulatory Law portfolio executive team and as a member of the clients' executive teams to ensure strategic consideration and coordination of legal and management issues.

Knowledge       

Degree: 3

Points: 166

Primary knowledge of, and expertise in, regulatory, commercial, crown and administrative law and the program legislation of clients to provide advice to clients' executive management (up to and including the Deputy Minister or equivalent) and Ministers on legal cases, issues and risks. This knowledge is also required to oversee and manage the work of legal services staff of the DLSU.

Knowledge of the mandate, objectives, strategies, policies, programs, plans, operational realities and legal contexts of the Canadian Food Inspection Agency, Agriculture and Agri-Food Canada, and the Department of Justice to manage a large DLSU; to serve as the executive-level intermediary between the client organizations and the Department of Justice on strategic issues; to develop and manage strategic plans and services; and to provide advice to clients and the Department of Justice on legal issues and risks.

Knowledge of the structure, organization, policies and programs of the Department of Justice, client departments and agencies, and the stakeholders of clients, including regulated parties, industry, unions, private sector lawyers, other levels of government and international organizations, to build and maintain relationships, exchange information, and identify, discuss and resolve issues.

Knowledge of strategic and operational planning to develop and implement integrated plans that balance and meet the priorities and objectives of clients, the Department of Justice and the Government of Canada.

Knowledge of broad Government of Canada priorities and objectives (e.g., business transformation, legislative reform, change management) to contribute to these priorities at a corporate level and at an operational level within the DLSU as a senior member of the Business and Regulatory Law portfolio executive team.

Knowledge of human resources and financial management to plan and manage the delivery of legal services across multiple departments and agencies and within a decentralized service delivery framework.

Critical Thinking and Analysis       

Degree: 3

Points: 166

Analyzes and integrates Government of Canada, Department of Justice, Canadian Food Inspection Agency and Agriculture and Agri-Food goals, objectives and business plans to develop strategic and operational plans of the DLSU which provides services across multiple areas of the law (e.g., regulatory law, public law, administrative law, commercial law, employment law) to: contribute to the Business and Regulatory Law portfolio, the Department of Justice and government initiatives; identify financial and human resource requirements; and, negotiate resources and service levels.

Analyzes client issues and serves as an executive level intermediary between the Canadian Food Inspection Agency, Agriculture and Agri-Food Canada, and the Business and Regulatory Law portfolio of the Department of Justice on strategic legal issues, and ensures strategic and operational coordination and integration of client, Department of Justice and government-wide objectives, priorities and initiatives.

Analyzes legal issues within the broader social, economic and regulatory contexts in which clients operate; identifies emerging trends in the law, and complex legal issues affecting clients' mandates, programs, operations and regulatory frameworks; assesses legal risks and develops mitigation strategies; and, provides expert legal advice to client and Department of Justice executive management on broader legal, policy and risk management issues.

Relationship Building and Influencing      

Degree: 2

Points: 67

In collaboration with the DLSU management team, establishes and maintains relationships with senior Department of Justice management to: identify and manage strategic and operational issues affecting the provision of legal services, legal advice and the assessment of legal risks; contribute to strategic, business and operational priorities and plans; and, negotiate service agreements.

There is a requirement to establish working relationships within the Department of Justice and client organizations, and with stakeholders of clients, including regulated parties, industry, unions, private sector lawyers, other levels of government and international organizations. These relationships are established for a variety of reasons, including, but not limited to: exchanging information on legal or management issues; identifying, discussing and resolving legal issues; influencing, persuading and leveraging legal outcomes; influencing legal policy positions; and, negotiating agreements.

There is a requirement to participate on departmental and interdepartmental committees; and to provide input and advice on legal or other corporate initiatives and priorities such as strategic reviews or government-wide priorities.

Leadership and Management

Degree: 3

Points: 166

Responsible for the strategic and operational planning and management of a large, decentralized DLSU that provides legal services (advisory, litigation, support for legislative drafting, and representation before an administrative tribunal) on regulatory, commercial and corporate issues across multiple areas of law to Agriculture and Agri-Food Canada and the Canadian Food Inspection Agency. Facilitates and coordinates legal services (e.g., litigation, advisory and legislative drafting) provided by other specialty areas of the Department of Justice.

As principal legal advisor to clients, is directly responsible for ensuring strategic consideration and coordination of legal issues and for providing input to clients' strategic and operational initiatives, issues and decision making through the provision of legal and risk management advice and guidance.

As a member of the senior management team within the Business and Regulatory Law branch of the Department of Justice, contributes to strategic, operational and change management initiatives in support of departmental and broad Government of Canada initiatives and priorities.

Responsible for ensuring that the goals, priorities and objectives of each client department/agency and the Department of Justice are balanced and integrated to meet objectives and priorities.

Oversees and manages financial and human resources and the work of legal counsel, paralegals and administrative staff at Headquarters and in the regions through subordinate legal and administrative managers and senior legal practitioners. Ensures that the DLSU has the capacity to meet the legal services requirements set out in service agreements and plans.

Physical Mobility      

Degree: A2

Points: 5

Regularly sits for prolonged periods of time during meetings, negotiations, consultations and document reviews or when conducting legal analysis.

Physical Strength         

Degree: B1

Points: 2

Occasionally carries or moves/lifts items used in the support of the work, including, but not limited to, legal briefcases, boxes of files or legal texts.

Sensory Effort       

Degree: C2

Points: 5

Regularly views computer screens (including tablets and BB) and reads and reviews documents for prolonged periods, requiring extensive visual effort.

Psychological Work Environment     

Degree: A1

Points: 5

There is lack of control over schedule due to conflicting demands, time pressures, and shifting priorities and deadlines.

There is a requirement to travel and work overtime which has an impact on home life.

There is a requirement to establish effective outcomes with challenging or difficult employees, clients, opposing counsel or others.

Physical Work Environment        

Degree: B1

Points: 1

The work is performed in a typical office environment

There is a requirement to travel, resulting in jet lag and fatigue.

Benchmark 6: Chief Federal Prosecutor, Ontario Regional Office

Point Rating 3-3-2-3-A2-B1-C2-A3-B2 = 607 points

Level LC-03

Reports to the Deputy Director of Public Prosecutions

Organization Context and Position Summary

The Public Prosecution Service of Canada is a federal organization responsible for prosecuting offences that fall within federal jurisdiction and providing prosecution related legal advice to law enforcement agencies. The Public Prosecutions Service of Canada prosecute persons who contravene federal laws on such matters as controlled drugs, proceeds of crime, contraband goods, the security of the border and the immigration laws. In addition, regulatory and public welfare offences are prosecuted such as, evasion of taxes and of customs duties, copyright infringement, and environmental protection laws.

The Ontario regional office employs over 180 legal, paralegal and other staff. Counsel operate in courts in Toronto, Brampton, Kitchener and London and may also serve in other courts within the sphere of the office in southern Ontario. In addition to counsel on staff, there are many counsel throughout the region who are on contract and serve as prosecution agents in these communities. Counsel litigate in the Ontario Court of Justice, the Ontario Superior Court, the Court of Appeal for Ontario and the Supreme Court of Canada. Occasionally, counsel can also appear in the Federal Court of Canada.

Public Prosecution Service of Canada work closely with various police forces and investigatory agencies including the RCMP, the OPP, the Toronto Police Service, the Canada Revenue Agency, the Canada Border Service Agency in addition to the police agencies in the various municipalities throughout southern Ontario.

The subject position leads and manages the Ontario regional office in the provision of a full range of consultative services and the promotion of a consistent approach to prosecutorial services at the federal level across the country.

Duties

  1. Manages the development and implementation of balanced, integrated, strategic and operational priorities and plans for the region; ensures alignment with the department's business direction, priorities and plans; contributes to the development and management of the departmental strategic national direction through leadership and participation on departmental committees.
  2. Manages human resources (employees and Crown agents who are on contract) and, financial plans and budgets; balances and integrates multiple service delivery activities including prosecution services related to trials; manages the cost recovery of regulatory prosecutions involving federal government departments and agencies and the provision of legal advice to their investigative staff.
  3. Oversees all legal work performed by the region, including the preparation of opinions and advice, briefings and correspondence for senior officials and all levels of court, and the review of legal documents; ensures the quality of legal opinions and advice and consistency with the overall national approach for federal prosecution services and appeals.
  4. Provides direction and authoritative strategic legal advice to resolve prosecution issues that may be precedent setting and may have Charter or legislative implications; develops options and strategies to address challenges and the availability of resources.
  5. Analyzes legal issues and judicial decisions; conducts risk analyses of broad reaching, precedent setting issues and facilitates the resolution of major, complex, diverse and controversial issues that have national impacts.
  6. Directs and monitors the provision of prosecution services, litigation files and legal advice provided to investigative agencies and other departments in order to identify issues, trends or alternative solutions and ensure national consistency with the department's approach for federal prosecution services and appeals.

Knowledge       

Degree: 3

Points: 166

Knowledge of the respective mandates, policies and programs of the Office of the Director of Public Prosecutions and the Attorney General of Canada in legal matters; knowledge of the Director of Public Prosecutions Act and the shared federal-provincial jurisdictional responsibilities over the administration of criminal law matters in order to provide for the cohesive delivery of prosecutorial services for the region and ensure consistency and alignment with the department's  national approach for federal prosecution services and appeals.

Knowledge of the Constitution of Canada, the Charter of Rights and Freedoms, Canadian federal laws and statutes including domains of the law which are regulated exclusively by Parliament and disputes between provinces, such as interprovincial transport as well as interprovincial trade and commerce. This knowledge is required to lead and manage the regional office in the provision of prosecution services, to oversee the conduct of all cases for the region, to provide balanced and integrated legal and risk management advice to crown counsel, and to represent the Crown in cases and appeals. This knowledge is also required to gauge the impact of prosecutions on jurisprudence and the comprehensive impacts on both the public and broader legal and governmental environments.

Knowledge of theories, principles and practices associated with the federal, provincial and territorial laws relevant to prosecutions, and how the laws interact and their impact on the operations of the department; compliance and enforcement policies developed by various departments and agencies responsible for underlying legislation, as well as an understanding of the roles and responsibilities of intergovernmental and investigative agencies (e.g.: Canada Revenue Agency, Canada Border Services Agency, Royal Canadian Mounted Police, provincial and municipal police forces) and the consequent challenges in developing strategic and operational priorities and plans for the region in order to serve the interests of the public to continuously promote a consistent approach to the provision of prosecution services and legal advice at the federal, national level.
Understanding of the respective mandates, objectives, strategies, policies, programs, plans and operational realities of the department, the region, the various investigative agencies, partners, stakeholders and centres of expertise, as well as operational service providers in order to navigate the various interrelationships among interests and jurisdictions to properly align the delivery of the region's strategic and operational management of prosecution services and advice.

Knowledge of strategic, operational and risk management as well as planning and priority setting in order to align, balance and integrate program priorities and activities across the broad spectrum of prosecutions under more than 40 federal statutes (e.g. drug, organised crime, federal offences to protect the environment, natural resources, economic and social health), and to promote a fair and effective justice system focused on the provision of expert consultative services for the region and also on a national federal level.

Knowledge of financial management forecasting, budget development and reporting in order to integrate the regional financial resources and requirements with those of headquarters as well as manage the region's finances. Knowledge of human resources management in order to plan, organize and manage the resources of the regional office.

Critical Thinking and Analysis        

Degree: 3

Points: 166

Analyzes and integrates broad departmental goals and strategies with regional strategies; monitors, analyzes and adjusts the management and delivery of prosecution services for the region with fluctuating operational requirements; develops integrated regional operational plans for human resources and information management and technology that are aligned with organizational strategies; develops proposals to obtain additional funding or to reallocate resources for the region.

Explores a variety of legal issues, decisions and trends that are primarily strategic in nature and may involve multiple areas of law (e.g. prosecution of youth, national security and terrorism, drug, regulatory or economic prosecutions, and criminal code offences), multiple investigative agencies, and competing prosecution priorities and resources, to develop strategies that may be precedent setting and have national implications. Decisions and recommendations influence the Government's position on federal prosecutions, the body of related case law, and the businesses, individuals and Canadians impacted by these cases.

Analyzes case facts, jurisprudence and case law to provide strategic legal analysis, advice, guidance and risk management for Crown counsel on major, complex, diverse and at times, controversial prosecution files. Synthesises and balances a variety of competing inputs to direct and manage the legal strategy for the region which carries national and international implications on precedent setting jurisprudence. Provides briefs, direction and advice, mitigation strategies, alternative approaches and identifies broader horizontal interests and impacts of legal advice; identifies linkages and implications for other regional offices and the broader departmental context. As Chief Federal Prosecutor, makes recommendations regarding the approval of any intervention made on behalf of the Director of Public Prosecutions in any court.

Develops and integrates management frameworks, strategies, business, financial and operational plans, determines both the operational and the strategic direction for the region and establishes priorities for multiple executive public service management accountabilities.

Weighs and assesses the impact of new or proposed corporate policies and procedures on the region's operations in order to provide headquarters with a regional perspective and develop solutions for their implementation in order to ensure national consistency of departmental operations.

Continuously improves the rigour of the department's internal prosecutorial policies and procedures by making recommendations regarding confidential advice to federal prosecutors and reviewing proposed confidential advice directives. 

Contributes to national litigation by making recommendations regarding applications for leave to appeal to the Supreme Court of Canada; making comments and providing input regarding factums to be filed in the Supreme Court of Canada on behalf of the Attorney General of Canada in matters of interest to the Director of Public Prosecutions; makes recommendations on approval of factums to be filed in the Supreme Court of Canada; and provides advice to the Director of Public Prosecutions on any legal issue of interest in the region.

Contributes to national advisory committees by approving prosecution plans for mega-cases of national importance, monitors emerging trends in the federal prosecution practice and makes recommendations on how the department should adjust to such trends; ensures consistency of approaches throughout the country; and identifies regional practices or approaches that may be of national interest and makes recommendations for their broader diffusion.

Relationship Building and Influencing        

Degree: 2

Points: 67

Builds and manages a network of senior and executive level relationships:

  • externally with provincial and territorial governments, investigative agencies, associations, bar societies, educational institutions and public and private organizations to develop joint strategies and facilitate the achievement of departmental objectives, programs and initiatives;
  • internally to ensure alignment of plans, operations, and approaches with overall national strategy to facilitate the resolution of major, complex, diverse and controversial issues and sensitive situations which may have a national impact and could be precedent setting.

Participates in national, interdepartmental and departmental committees to influence and/or make decisions impacting the region and the department.

Establishes and leverages an extensive network of relationships, with investigative agencies and officials from other levels of government, to promote departmental objectives; develop strategies to improve and harmonize the delivery of regional prosecution services and legal advice.

Leverages an extensive network of relationships with provincial and territorial governments, investigative agencies, and officials from other levels of government to anticipate legal and operational issues and trends on major, complex and sensitive cases in order to influence the approach to the resolution of such issues.

As Chief Federal Prosecutor, for all prosecutions regarding national security (e.g., terrorism, espionage, war crimes or a crime against humanity), recommends commencement of proceedings and ensures the preparation of a legal memorandum to the Deputy Director of Public Prosecutions seeking endorsement to commence legal proceedings.

Provides authoritative advice on the potential legal and business risks associated with the prosecution of major, complex and sensitive cases and influences and coordinates approaches for the resolution of these issues.

Leadership and Management        

Degree: 3

Points: 166

Contributes to departmental strategic plans; determines and implements the vision, business direction, operational objectives, priorities and plans for the region; provides advice and guidance to investigative agencies to ensure coordinated, integrated delivery of prosecution services. 

Participates in and contributes to the establishment and management of the national direction of the department as a whole through leadership and participation on various national executive committees, such as the Executive Council, the Management Resources Committee and the Information Technology Committee.

Synthesizes and analyses information from within the region and from headquarters related to anticipated workloads and resource projections/allocations; performs risk assessments and develops and integrates work plans to obtain additional funding or reallocate resources.

Manages the regional budgets and financial plans; contributes to and supports the departmental business plan and strategic performance reviews. Develops and implements the regional's human resources plan; establishes work priorities; monitors and evaluates performance; fosters an open, diverse and multicultural environment that reinforces and encourages career and leadership development; provides advice, coaching, mentoring or guidance to staff, investigative agencies and interdepartmental and intergovernmental colleagues; ensures compliance with departmental law practice management objectives and requirements.

Leads and manages prosecution services mostly through two subordinate Associate Chief Federal Prosecutors on issues ranging from prohibited drug prosecutions including organized crime groups, to anti-terrorism and regulatory prosecutions.

Responsible for over 180 staff and  has 16 direct reports which includes law managers, law practitioners, paralegals and administrative positions, in addition to 118 contracted crown agents. Also oversees the prosecution work of several teams which primarily prosecute drug and other contraband importers.

Provides leadership in the region's legal work including, providing review and guidance on complex legal issues and opinions, reviewing legal documents, briefings and correspondence prepared for or reviewed by senior officials, which may have national implications; monitors legal risks in the region, including financial risks, clarifies the content of objectives and policies, and ensures conformity with the rule of law, statutes and federal government objectives.

Physical Mobility        

Degree: A2

Points: 5

There is a requirement to regularly sit for prolonged periods of time during meetings, negotiations and consultations.

Physical Strength           

Degree: B1

Points: 2

There is a requirement to occasionally carry or move/lift items used in the support of the work, including but not limited to, legal briefcases, boxes of files or legal texts.

Sensory Effort     

Degree: C2

Points: 5

There is a requirement to regularly view computer screens for prolonged periods and regularly reads for prolonged periods numerous documents.

Psychological Work Environment          

Degree: A3

Points: 20

The work involves significant lack of control over one's agenda, controversial, litigious and conflicting issues and priorities, multiple demands, confrontations, time pressures, shifting priorities and deadlines.

The work may involve exposure to difficult fact situations and may lead to viewing graphic material (i.e. crime scene photos) that may impact upon psychological wellbeing.

The work involves exposure to highly charged public and media environments when prosecuting cases, and there is the risk of being subject to physical and psychological intimidation, openly or disguised, personal attacks or becoming a personal target that may endanger one's safety or that of one's family from hostile parties aimed at destabilizing prosecution cases.

There is a requirement to travel and work overtime, often during weekend and holiday periods, with resulting impact on home life. 

Physical Work Environment         

Degree: B2

Points: 10

Work is regularly performed in an office or courtroom environment.

Prosecutions are subject to public and media scrutiny, which includes occasional demonstrations by the general public.

There is a frequent requirement to travel for meetings, which may be over long distances resulting in jetlag and fatigue.

Benchmark 7: Assistant Deputy Minister, Public Law Sector

Point Rating 4-4-3-4-A2-B1-C2-A2-B1 = 983 points

Level LC-04

Reports to the Deputy Minister

Organization Context and Position Summary

The Public Law sector of the Department of Justice Canada is comprised of the office of the Assistant Deputy Minister (ADM), the Business Administration centre and six specialized legal advisory and policy sections with expertise in: 1) human rights law and policy; 2) constitutional, administrative and international law and policy; 3) information and privacy law and policy; 4) official languages law and policy; 5) judicial affairs, courts and tribunal policy; and, 6) international trade law.

The Public Law sector provides legal and policy advice to the Department of Justice and across the federal government.

Provides national leadership, oversight and management of the Public Law sector within the Department of Justice and is responsible for joint oversight and management with Global Affairs Canada of the Trade Law Bureau. The Trade Law Bureau is responsible for providing the Government of Canada with legal representation and advice concerning international trade and investment law.

Duties

  1. Sets and oversees the national vision, strategic direction, priorities and change strategies of the Public Law sector of the Department of Justice, ensuring consistency with the priorities and objectives of the Government of Canada. Oversees the development and implementation of strategic and business plans, and the management of financial and human resources of the sector.
  2. Leads, oversees and manages the legal services and policy activities of the six specialized legal advisory and policy sections, each one a departmental centre of legal expertise which provides legal and policy advice and guidance to the Department of Justice and the federal government.
  3. Provides oversight, legal advice and guidance to sector management and counsel, and provides functional direction and advice to client departments and other stakeholders across government on a range of broad-reaching strategic, risk management and legal issues within public law.
  4. As principal legal advisor on public law sector issues, explains and defends policy and legal positions, and provides legal and policy advice to the Deputy Minister, the Minister, the Privy Council Office, Cabinet and Cabinet Committees.
  5. Jointly manages the Trade Law Bureau with Global Affairs Canada.

Knowledge        

Degree: 4

Points: 270

Knowledge of constitutional law, Crown law, administrative law, public international law, international private law, official languages law, human rights law, informational and privacy law, and international trade and investment law to provide strategic oversight, direction, management and legal expertise to six highly specialized centres of legal expertise that provide advice and guidance to the Department of Justice and to clients across the Government of Canada.

Knowledge of judicial affairs, courts and tribunal policy to fulfill the sector's specialized legal advisory role and policy function on all matters relating to the Canadian judiciary and the courts.

Knowledge of the priorities and objectives of the Government of Canada, its legal, administrative and governance structures to: serve as the Department's principal advisor on public law; manage a diverse sector and its resources; and, work within government to influence the strategic directions of the Public Law sector and its areas of legal expertise.

Knowledge of the mandate, objectives, strategies, policies, programs, plans, operational realities and legal contexts of the Department of Justice to manage a large, diversified sector in the provision of integrated legal and policy advice and risk assessment to the Department and clients across the Government of Canada.

Knowledge of the structure, organization, policies and programs of the Department of Justice, client departments and agencies, and stakeholders of clients including regulated parties, industry, other levels of government and international organizations to build and maintain relationships, exchange information and identify, discuss and resolve issues on a wide variety of legal and policy issues and shape the overall development of public law.

Knowledge of strategic and operational planning to develop and implement integrated plans that balance and meet the priorities and objectives of clients, the Department of Justice and the Government of Canada.

Knowledge of broad Government of Canada priorities and objectives (e.g., business transformation, legislative reform, change management) to contribute to departmental strategies and to implement these priorities at the sector level as a senior member of the Department of Justice executive team.

Knowledge of human resources and financial management to plan and manage the delivery of legal services across multiple areas of expertise.

Critical Thinking and Analysis          

Degree: 4

Points: 270

Anticipates, monitors and analyzes the national, strategic, business and legal implications and risks of proposals and/or changes in legislation and government-wide priorities, initiatives and directions in order to frame strategies, plans and responses from the perspective of the Public Law sector and the Department of Justice.

Oversees and manages the delivery of legal and policy services for diverse areas of law to clients within the Department of Justice and across government. The work of the sector impacts on the development of constitutional, human rights, international and trade law, government-wide social policies, programs, and governance structures, and national and international laws and negotiated instruments.

As principal legal advisor on public law issues, analyzes, explains and defends strategic policy and legal positions and risks, and provides related advice to the Deputy Minister, the Minister, the Privy Council Office, Cabinet and Cabinet Committees.
Gathers and analyzes information from key program, departmental, and other sources, and through the development of strategic relationships within and outside government. Develops strategies to shape the overall development of public law and to influence legal and policy positions with respect to the sector's areas of expertise.

Analyzes resourcing and sector capacity requirements to meet planned needs, and develops financial and human resources plans to meet diverse demands for legal services across multiple areas of expertise.

Relationship Building and Influencing      

Degree: 3

Points: 145

Cultivates and leverages an extensive network of key strategic relationships and alliances on behalf of the Department of Justice within and outside the government and internationally to:

  • shape overall development of public law, and influence legal and policy positions with respect to areas of the sector's legal expertise;
  • provide briefings and strategic legal advice and services to the Minister of Justice and Attorney General of Canada or other ministers, and to the most senior officials of departments, agencies or the Privy Council Office on highly sensitive and public profile matters, influencing the Cabinet agenda and shaping the development of the law;
  • persuade senior government officials of the appropriateness of legal positions and policies;
  • contribute to and support public service-wide priorities/initiatives; and
  • identify and anticipate strategic, legal, operational and policy issues relating to major, complex, diverse and/or controversial matters that affect clients, in order to coordinate and influence the approach to resolving issues, anticipate demand for legal services, and influence clients' funding priorities for the business line.

Advises departmental executive management on the potential legal and business risks inherent in current or proposed departmental policies, processes, and programs in order to minimize these risks and influence the development of departmental priorities and management objectives.

Builds strong working relationships with counterparts at Global Affairs Canada to jointly manage the services and activities of the Trade Law Bureau.

Leadership and Management          

Degree: 4

Points: 270

Contributes to the vision and strategic direction of the Department of Justice as a whole. Leads capacity-building and change management initiatives to meet evolving demands of the sector, the Department of Justice and the Government of Canada.

Plans, manages and leads the development of the vision, priorities, national strategies and objectives for the Public Law sector, ensuring they are integrated with and reflect the Department of Justice and Government of Canada priorities and plans.

Responsible for ensuring strategic consideration, coordination and integration of legal issues within and across practice areas and for providing input to strategic and operational initiatives, issues and decision-making through the provision of legal and risk management advice and guidance.

Oversees and manages the work of law managers, law practitioners, paralegals and administrative staff at Headquarters and the Trade Law Bureau. Ensures that the sector has the capacity to meet the legal services requirements set out in the Department of Justice and Government of Canada plans.

Responsible for the financial management of resources to meet stated plans.

Physical Mobility          

Degree: A2

Points: 5

Regularly sits for prolonged periods during meetings, negotiations, consultations and document reviews or when conducting legal analysis.

Physical Strength       

Degree: B1

Points: 2

Occasionally carries or moves/lifts items used in support of the work, including but not limited to legal briefcases, boxes of files, or legal texts.

Sensory Effort       

Degree: C2

Points: 5

Regularly views computer screens and reads and reviews documents for prolonged periods, requiring extensive visual effort.

Psychological Environment          

Degree: A2

Points: 15

Significant lack of control over own schedule, conflicting issues and parties, multiple demands, time pressures, and shifting priorities and deadlines.

There is a regular requirement to travel and work overtime, often during weekend and holiday periods, which has an impact on home life.

The work is performed in a highly political and sensitive environment that involves conflicting issues and confrontations, and requires the management of simultaneous and conflicting priorities.

Physical Environment           

Degree: B1

Points: 1

Work is performed in a typical office environment.

There is a regular requirement to travel, resulting in jetlag and fatigue.

Benchmark 8: Assistant Deputy Attorney General

Point Rating 4-4-3-4-A2-B1-C2-A2-B1 = 983 points

Level LC-04

Reports to the Deputy Attorney General

Organization Context and Position Summary

The Litigation branch of the Department of Justice has oversight of and functional, nation-wide responsibility for civil litigation for the Government of Canada. The Branch supports the Government of Canada, mitigates risks and manages the law before, during or as a result of litigation. The Branch is also responsible for providing legal advice on extradition, mutual legal assistance requests and related legislation, as well as national security litigation and coordination. In addition, the Branch exercises broad responsibilities for the procurement and contracting of outside legal services and the appointment of Legal Agents for the government as a whole.

The Litigation branch structure comprises seven areas: Office of the Assistant Deputy Attorney General, Civil Litigation, Class Actions and Mass Litigation unit, National Security Group, International Assistance Group, Litigation Practice Management Centre and National eDiscovery and Litigation Support Services.

The subject position provides national leadership, oversight and strategic management of the Litigation branch within the Department of Justice.

Duties

  1. Sets and oversees the national vision, strategic direction, priorities and change strategies of the Litigation branch of the Department of Justice, ensuring consistency with the priorities and objectives of the Government of Canada. Oversees the development and implementation of strategic and business plans, and of the financial and human resources of the Branch.
  2. Chairs the National Litigation Committee and the Supreme Court of Canada Committee, and oversees all government litigation in the Supreme Court of Canada.
  3. Provides national functional direction and guidance of decentralized litigation services across Canada (with the exception of criminal prosecutions and tax litigation), and ensures consistency of approach of litigation by or against the Crown.
  4. Oversees the provision of legal advice on national security litigation, extradition, mutual legal assistance requests and related legislation.
  5. As principal legal advisor on litigation issues, explains and defends policy and legal positions and provides legal and policy advice to the Deputy Attorney General, the Attorney General, the Privy Council Office, Cabinet and Cabinet Committees, and provides oversight, advice and guidance to Branch management and counsel.
  6. Oversees the Agent Affairs Program that is responsible for the outsourcing of legal work through the appointment and management of legal agents (i.e., private law practitioners appointed by the Crown).

Knowledge           

Degree: 4

Points: 270

The work requires knowledge of diverse areas of the law including civil/tort law, common law, Crown law, procedural law, and administrative law in order to provide strategic leadership, oversight and advice to the Department of Justice regarding civil and class action litigation, extradition, and laws governing national security. This knowledge is also required to understand the impact of litigation activities and outcomes on the government's broader legal, social and political directions, and to provide strategic advice to the Deputy Attorney General and the Attorney General.

Knowledge of the mandate, objectives, strategies, policies, programs, plans and operational realities of the Department of Justice, the Litigation branch, other departmental portfolios, Department of Justice stakeholders and centres of expertise, regional offices and DLSUs, including their inter-relationships and governance mechanisms, in order to structure and align litigation services to meet requirements and to provide functional direction on litigation across the Department.

Knowledge of the Government of Canada's strategic directions and priorities and its influence on the law in order to understand and anticipate the impacts that litigation outcomes and Supreme Court Appeals have on the direction of the law and achieving the Government's strategic objectives.

Knowledge of legal advisory, litigation, legislative or policy services, including legal risk management and the role of law and its comprehensive impacts across government and society in order to lead and oversee Branch legal services and activities.

Knowledge of strategic and operational planning, financial and human resources, materiel, information and technology management to oversee the resources of the Branch and a national program for contracting with legal agents.

Knowledge of change management concepts and techniques to adapt organizational structures and operational procedures/practices to the requirements of an ever-evolving environment, affected regularly by the advent of new legislation, trend-setting court judgments and major government initiatives.

Critical Thinking and Analysis

Degree: 4

Points: 270

Anticipates, monitors and analyzes the strategic, business and legal implications of proposals and/or changes in legislation and government-wide initiatives, strategies and directions in order to contribute to the Department of Justice strategies, plans and responses and frame Branch strategies and responses.

Provides functional direction and advice on litigation to client departments and other stakeholders on a range of complex, politically sensitive and controversial issues that have broad-reaching impacts on the government in order to develop strategies, resolve disputes, issues and concerns, manage risk, and mitigate impacts on government policy, administration, or social policy.

Anticipates, monitors and analyzes the government's requirements for the provision of legal services, in order to develop a consistent national framework for the delivery of Branch services and establish and implement legal services standards, legal and business risk management, and law practice management standards for litigation.

Establishes, analyzes, and interprets the Department's position, from the Litigation branch's perspective, on high impact, cross-cutting, unprecedented or highly political legal disputes and problems, or on matters being considered by Cabinet Committees, in order to advance and defend the departmental legal position with Cabinet Committees, client groups, and other stakeholders.

Oversees litigation for the high profile, complex files involving major risks, such as financial implications for the Crown or a significant impact on government policy or administration, and typically involving the development and implementation of highly sophisticated advisory/litigation strategy.

Monitors litigation cases nationally and identifies salient issues, inherent risk factors and level of involvement required of the sector and senior officials of client/stakeholder departments and agencies.

Relationship Building and Influencing          

Degree: 3

Points: 145

Establishes and leverages an extensive network of key strategic relationships and alliances on behalf of the Department within and outside the government and internationally to:

  • shape overall development of litigation, and influence legal and policy positions;
  • provide briefings and strategic legal advice and services to the Minister of Justice and Attorney General of Canada or other ministers, and to the most senior officials of departments, agencies or the Privy Council Office on highly sensitive and public matters, influencing the Cabinet agenda and shaping the development of the law;
  • persuade senior government officials of the appropriateness of legal positions and policies;
  • contribute to and support public service-wide priorities/initiatives; and
  • identify and anticipate strategic, legal, operational and policy issues relating to major, complex, diverse and/or controversial matters that affect clients in order to coordinate and influence the approach to resolving the issues, anticipate demand for legal services, and influence clients' funding priorities for the business line.

Advises departmental executive management on the potential legal and business risks inherent in current or proposed departmental policies, processes, and programs, in order to minimize these risks and influence the development of departmental priorities and management objectives.

Leadership and Management         

Degree: 4

Points: 270

As a member of the executive team, contributes to the vision and strategic direction of the Department of Justice as a whole. Leads capacity-building and change management initiatives to meet evolving demands of the Branch, the Department of Justice and the Government of Canada.

Plans, oversees and leads the development of the vision, priorities, national strategies and objectives for the Litigation branch, ensuring they are integrated with and reflect the Department of Justice and Government of Canada priorities and plans.

Chairs the National Litigation Committee and the Supreme Court of Canada Committee to ensure that: the Government of Canada's interests are properly represented in legal proceedings; consistent legal positions are adopted; the Attorney General acts as a model litigant; necessary consultations across government are undertaken; legal risk is managed appropriately; and, sound advice is provided to the Minister and Deputy Minister in significant litigation.

Provides functional direction, guidance and advice to litigators across seven regions to ensure appropriate levels of strategic coordination and the consistency of direction across the more than 45,000 litigation files in process during any given fiscal year, and to manage risks.

Oversees and manages the work of law managers and law practitioners. Ensures that the Branch has the capacity to meet the legal services requirements set out in departmental and Government of Canada plans.

Responsible for the financial management of resources to meet stated short- and long-term plans.

Physical Mobility           

Degree: A2

Points: 5

Regularly sits for prolonged periods during meetings, negotiations, consultations, and document reviews or when conducting legal analysis.

Physical Strength            

Degree: B1

Points: 2

Occasionally carries or moves/lifts items used in support of the work, including but not limited to legal briefcases, boxes of files or legal texts.

Sensory Effort          

Degree: C2

Points: 5

Regularly views computer screens and reads and reviews documents for prolonged periods, requiring extensive visual effort.

Psychological Work Environment           

Degree: A2

Points: 15

Significant lack of control over own schedule, conflicting issues and parties, multiple demands, time pressures, and shifting priorities and deadlines.

There is a regular requirement to travel and work overtime, often during weekend and holiday periods, having an impact on home life.

The work is performed in a highly political and sensitive environment that involves conflicting issues and confrontations, and requires the management of simultaneous and conflicting priorities.

Physical Work Environment

Degree: B1

Points: 1

Work is performed in a typical office environment.

There is a regular requirement to travel, resulting in jetlag and fatigue.

Appendix A: Application Guidelines

Table of Contents

Application Guidelines: Introduction

The Law Management (LC) Group Application Guidelines have been developed to assist evaluators in understanding and applying the LC job evaluation standard in order to accurately, fairly and consistently evaluate LC work. This document is a reference tool and must be used in conjunction with the LP job evaluation standard.

In case of a discrepancy between the job evaluation standard and the application guidelines, the job evaluation standard will take precedence.

The Application Guidelines document will be updated as required.

Overview of the Law Management Classification Standard

The LC job evaluation standard is comprised of six elements of work. The composition of elements and their individual design is based on a balance of strategic and technical principles. 

The strategic principles consider the business direction of executives as designers, owners and managers of the work delivered by law mangers. This business direction sets the blueprint for classification design by articulating:

  • the business itself– "what is it", and "where is it going";
  • the companion workforce design, structure and workforce management strategies required to manage the specific workforce toward the effective delivery of the business; and,
  • any issues associated with the current system, tools and management usage to ensure that the new classification system is designed as a forward looking support tool.

The technical principles are a series of design principles that "filter" or test the business values articulated by executives to ensure that they can be translated into robust classification elements that fairly and fully measure the relative value of jobs in a gender neutral fashion.

As with most modernized job evaluation standards in the Core Public Administration (CPA), the LC job evaluation standard is a point-rating or point-factor system. In a point-rating system, the relative value of each element is mathematically expressed as a percentage weight relative to all other elements in the standard– the sum of the weights of all elements therefore equals 100%.

Design Intent

LC work involves the application of a comprehensive knowledge of the law and its practice in the management of legal functions, with accountability for exercising delegated authority over human and financial resources. LC work requires managing unit(s) with a law mandate which includes Law Practitioner (LP) positions. LC work also requires providing legal advice on the development, direction, conduct or management of programs or services and also to manage legal programs or services and to determine the nature and priority of objectives and resources committed to their achievement within and across organizations.

The LC-04 level was designed for work that meets the following:

  • Assistant Deputy Minister or equivalent;
  • Jobs at this level will be found in larger more complex legal business units and operations typically characteristic of the Department of Justice;
  • Strategic issues management of national scope and interest.

Introductory notes

The Structure of this Document

This document presents each of the six elements in the LC job evaluation standard separately. Each element includes:

  • Guidelines
  • Element Framework

The guidelines describe the definition and design intent of the element. In some cases, the guidelines will reference important links with other elements in the standard or describe any caveats that must be considered in order to fully understand the element. The guidelines also provide information on the structure and mechanics of the element, and elaborate on the value continuum of the rating scale through key clarification points at each degree along with key points of differentiation.

The element framework divides the statements contained in each degree descriptor into dimensions which is helpful in better understanding the progression of value and differentiation from one degree to another throughout the rating scale of the element.

Evaluation Context and Approach

Context

The guidelines of each element are designed to assist evaluators understand the spirit and intent behind each individual element, as well as, the job evaluation standard as a whole. This information will help evaluators understand each element as it relates to the job, select the most appropriate ratings, and will ensure consistency in the interpretation and application of the standard. That being said, this document alone is not intended to replace any training for classification advisors.

For all components of the job evaluation standard and these guidelines, context is critical. Words and language should never be interpreted in isolation of their overall context. 

About The Law Management Cadre

It is important to understand that there exists a critical double accountability in Law Management work. The LC jobs are not only management executives jobs performing EX management duties, but the work  also requires to serve as general counsel to clients, providing expertise in the business of the law. Business direction for the development of the LC group and the job evaluation standard is such that this double accountability for management and the provision of legal advice must be mutually respected.

It is critical that evaluators balance the dual accountability of legal counsel and management responsibilities throughout the application of the LC standard and not weigh one over the other. When considering aspects of work related to the practice of law and provision of legal service, the focus should always remain within the LC group and work should not be compared with work contained in the Law Practitioner group.

It is critical for evaluators to understand the full context of a given job both as part of the organizational design/structure within which it sits, as well as within the context of the full law practitioner group across government. LC work covers jobs at the Manager, Director, Director General and Assistant Deputy Minister or equivalent levels. For the most part, jobs at the higher levels of this spectrum of work will be found in larger more complex legal business units and operations typically characteristic of the Department of Justice and Public Prosecution Service of Canada organizations. This broader CPA context understanding is of particular challenge to smaller organizations housing small legal units, since they may not necessarily have access to understanding the broader spectrum of LC work.

For example, let's imagine a smaller organization with a 4 person legal unit headed by a director. This director, within his/her organization, will manage the people and the work of the legal team directly, sit at the executive table and advise departmental executive on a host of legal matters pertaining to the organization's business and policy positions. The implications will be that, in the context of its home organization, this work will likely be described with a strategic lens given its role with departmental executive, with 'high complexity and impact' type language in the work description that could lead to a potentially higher classification against the new LC job evaluation standard.

The context challenge is to understand that scope and complexity of a department's operational business will impact the complexity and scope of legal matters managed by the legal unit, in turn affecting the relative value level of the management job. While there will likely be breadth in the legal issues from employment law, to contracts and agreements, to legal opinions on policy direction, the complexity and impact tends to remain at the operational level when compared to higher levels of LC work that exist in organizations like the Department of Justice and the Public Prosecution Service of Canada whose primary business is the law and the management of the law. The levels of LC work and management challenges that come with their businesses will far outreach that which resides in a smaller unit in other Departments and Agencies across Government, and must be understood and considered in evaluating work across the whole of government.

A Suggested Evaluation Approach

Each element contains a number of degrees that describe the various levels at which an aspect of work is present in Law Practitioner jobs. It is important to read all of the degrees for each element, along with all of the guidelines and the benchmarks contained in the job evaluation standard  before selecting the rating which best describes the level at which the job is required to operate. It is also important to remember that the whole degree statement must apply, not the selection of individual specific phrases or words. Only one degree for each element is selected.

In selecting the most appropriate degree, remember to apply the guiding principles of work description writing and evaluation:

  • Jobs not People
    • Recognition of an individual incumbent's performance or achievements is not captured under classification.
  • Consider only typical ongoing job responsibilities of the assigned work
    • Do not consider exceptional, one-time circumstances or those developmental or stretch opportunities that are often provided to employees that enable them to perform responsibilities that are above and beyond their substantive job.
  • Select the statement that best describes the highest level of responsibility at which the job is typically expected to work and that best represents a significant part of the ongoing responsibilities of the job.

Below is a suggested evaluation sequence for using the LC job evaluation standard, based on the natural structure of both the LC work and the supporting job evaluation standard.

When examining Management structures in any organization, there is a strong correlation between the scope of the organization being managed (including, size, diversity of business operation, span of control, risk and impact) and the corresponding complexity in the management responsibility. Further, the complexity of the management challenges and responsibilities in the work allows us to understand the corresponding level of knowledge, critical thinking and influencing skills required to execute these responsibilities. This correlation in the work design is reflected in the job evaluation standard and must be understood holistically. With that premise, we suggest the following evaluation sequence:

  • Element 4: Leadership and Management
  • Element 2: Critical Thinking and Analysis
  • Element 1: Knowledge
  • Element 3: Relationship Building and Influencing
  • Element 5: Physical and Sensory Effort
  • Element 6: Work Environment

The rationale for this suggested evaluation sequence is as follows:

  1. The Leadership and Management element is the cornerstone to the entire job evaluation standard in that it speaks directly to the foundation of the management structures that underpin the 4 levels of management in the LC group, as well as the organizational scope and context that differentiates the complexity in management accountability from first level manager to Director, Director General, and finally to ADM level.
  2. While it can be argued that all management jobs are required to perform the same type of tasks (i.e. planning and managing people and financial resources in the delivery of work), as with management structures in most organizations, scope and size of the work-unit provides a good proxy for the complexity of management issues present in the work, i.e. an increase in scope, span of control, number of people, subordinate management structures, etc. leads to an increase in complexity of management accountability and challenge in the work as we move from first level manager to most senior executive roles.
  3. The Critical Thinking and Analysis element builds on this foundation of scope and complexity by considering the corresponding increase in complexity of both management and legal issues inherent in the work as law manager roles increase in scope. This leads to an increasing level of critical thinking and judgment required to manage these issues.
  4. When rating the Knowledge element, the key question is always "what degree of knowledge is required to perform the assigned work responsibilities?" By evaluating the two above mentioned elements first, this will provide a combined understanding that will assist evaluators in understanding the complexity of issues encountered in LC work and the scope and challenge of management accountability. This understanding then supports assigning the appropriate knowledge rating.
  5. Relationship Building and Influencing speaks to the requirement of LC jobs to perform work across and outside of formal organizational structures in order to advance priorities and facilitate the accomplishment of the work. The organizational scope of LC structures facilitates a clearer understanding of purpose and complexity in this element. For example, the need to build networks and exercise influence is lower when scope is focused on day-to-day operational legal service delivery. As the scope of management accountability grows, the "What" that needs to be accomplished correlates to higher level strategic relationships and higher level, broader risk and impact.

Together, these four elements describe the essence of LC work.

Each of these four key elements is highly inter-related in their measurement of LC work. This means that when the duties of a job require a certain level of responsibility, this will very clearly require a proportionate level of skill and knowledge. Therefore, with the design of LC work and its corresponding LC rating plan, one would not logically predict significant variability in rating patterns across key elements.

The four key elements are designed as a "single continuum of value" from low to high representing the degree to which a given aspect of work is present in jobs. Each of these elements is a cumulative progression or "pyramid" style element. A rating at a higher degree assumes that the skill described in the lower degrees is already included.

We suggest that after evaluating work on an element by element basis, evaluators go back and review the ratings and the degree descriptors horizontally, to ensure that there is cohesion in the overall evaluation.

Unlike these four elements, elements 5 and 6 can be evaluated on their own merits, in any sequence.

Element 1: Knowledge

Guidelines

Law Management positions have a dual focus, to provide executive level legal advice and to manage legal units, programs and functions.  As such, the knowledge element in the LC standard measures a combination of the level of subject-matter knowledge of the law, its practice and contextual environment, as well as strategic and operational knowledge of management principles and their application required to perform at increasing levels of management in the Core Public Administration (CPA). Essentially, a combination of knowing the law and how to be a lawyer in the CPA combined with how to be a professional manager of legal service in the CPA.

Knowledge is captured in this element in two components as follows:

  1. domain knowledge of the law and its practice, including the context knowledge related to practicing the law within the complex context and organization of the Federal Government, notably, its machinery and interests, and its legal, policy, operational and socio-political environment; and,
  2. knowledge of management principles, practices, and their application within the CPA context.

The knowledge requirements of the job within the assigned area of work should be considered and not the knowledge that the incumbent happens to possess.

The knowledge requirements of the job being evaluated in the context of all law management jobs across government should be considered and not simply within the context of the specific organization and its own legal unit and structure.

Element Framework

This element is a cumulative progression or "pyramid" style element. A rating at a higher degree assumes that the skill described in the lower degrees is already included. All components work together to provide an integrated view of the overall level of knowledge required in the work at each degree in the continuum.

Degree Knowledge of the Law and Its Practice
(What and How)
Knowledge of Management Principles, Practices, and Contextual Application (What and How)
1

In-depth knowledge of a number of areas of law or practice including legal practices and processes.

Knowledge of clients' business, partners, and the legal and broader business environments within which the job is situated.

Sound knowledge of management principles, processes and approaches and their application to a variety of operational challenges.

2

In-depth and extensive knowledge of a broad field of law or practice.

Comprehensive understanding of legal practices and processes and their strategic application to broader legal, government and non-government environments.

In-depth knowledge of business processes and operational management approaches within a program, policy or service development or delivery group.

In-depth understanding of the relevant legal, operational and policy contexts related to the broader functional area or business line.
3

In-depth and extensive knowledge of a broad field of law or practice, the strategic application of the law to the broader legal, government and non-government environments, and linkages, alignment and impacts with other areas of law or broad business operations.

Highly-developed knowledge of strategic and operational management approaches and the translation of strategic objectives into operational priorities and plans.

Highly-developed understanding of the various challenges and integration points for a complex multidimensional program or operation, including an extensive understanding of the relevant legal, operational and policy contexts related to the broader portfolio and overall Department / Agency.

4

Extensive knowledge at the strategic level including knowledge of diverse fields of the law, the role of law and its comprehensive impacts across government and society and the business processes and governance frameworks related to the machinery of government.

Extensive knowledge of strategic and operational management approaches, including the political, economic and socio-cultural conditions that impact the ability of the Government as a whole to achieve its mandate.

At degree 1 of knowledge, the level of legal knowledge and context application is already at a fairly high level typifying the preceding practitioner career path ahead of readiness for this first level of law management role. By contrast, the corresponding knowledge of management principles and their application at this degree is at an early level described as "sound knowledge" focused on application to operational management challenges.

This language corresponds to the organizational scope foundation outlined in the element "Leadership and Management" that serves as a proxy for the complexity of management challenge throughout the standard. In this instance, the first level of law manager is typically focused on the operational management of a smaller, less complex work unit; thereby correlating to this description of management knowledge.

At degree 2 of knowledge, the level of legal knowledge and practice increases in depth and breadth. Further, the application of this knowledge moves to more strategic application of legal knowledge, broader issues and business challenges.

The knowledge of management principles and practices also increases to an in-depth level as evidenced by the scope of application of this management knowledge increasing from the operational day-to-day of a work unit to a broader program, policy or service development or delivery group. The notion here is that the responsibility for management of a broader Program area would be characterized by more people, more diversity of work, more scope, more structure and hierarchy, and would entail a greater number of variables. Therefore the required knowledge of management principles and know-how would equally increase and correspond to this level of work responsibility. That said, the nature of management knowledge at this degree is still business and operational management in focus.

At degree 3 of knowledge, the domain knowledge of the law ceases to increase. At this point in a management career, the knowledge acquisition balance sways more toward building management expertise and becomes less about building one's own 'technical' legal expertise. One differentiator with regard to the legal knowledge dimension lies in the need to have greater knowledge at this degree around the linkages, alignment and impacts across various areas of law or broad business operations. This concept of horizontality and interplay across areas of law and business is aligned with the complexity of the management knowledge dimension that follows.

The scope of management challenge for work at this level increases now to complex multi-dimensional programs or operations. Again, the broader nature and complexity of organizational scope being managed is characterized by an increased complexity in management challenge requiring a corresponding increase in management knowledge in order to execute on the responsibilities. Specifically, there is a requirement for highly developed strategic and operational management knowledge in order to be able to translate strategic priorities into operational plans and priorities and set the business plans, HR plans and budgets for one's operation. There is also a requirement for an extensive understanding of the surrounding higher order legal, operational and policy contexts within which one's operation sits. In the case of the Department of Justice, this would be described as the broader portfolio and overall Department.

At degree 4 of knowledge, legal knowledge is at the strategic level requiring extensive knowledge and understanding of the fundamental role of law in our government and society, the diverse fields of law, and how it all works within the CPA. On the management knowledge dimension, scope moves to the level of the overall government and its ability to achieve its mandate. This requires an extensive knowledge of strategic and operational management approaches.

Element 2: Critical Thinking and Analysis

Guidelines

This element captures the requirement for critical thinking and analysis in Law Management work. This element recognizes the increasing levels of critical thinking and analysis that stem from factors such as the nature and complexity of typical problems or issues encountered in the work and the nature and level of analysis and judgment that must be applied.

This element makes reference to the terms "problems or issues". Because of the dual accountability for the provision of legal advice and management in LC work, the problems or issues referred to in this element can represent any type of issue typical of an LC position. These issues can be legal in nature, e.g., providing legal advice directly to clients, or supporting subordinate staff on legal matters they are dealing with, as well as issues more typically management in nature, e.g., budgeting, work planning, human resources management, administration, etc.

LC jobs are inherently complex, requiring the management of people, financial resources, policy, client requirements, and the law in an integrated and balanced fashion. This element is designed to capture all the challenging thinking, analysis and judgment involved in law management work.

This element is described along two dimensions nature and complexity of issue and nature of critical thinking. Both dimensions are described throughout the degrees of the element, and progress together to describe increasingly more challenging critical thinking and analysis. Because the dimensions work together to describe an overall level of critical thinking and analysis, one cannot selectively focus on one of the dimensions to rate at a particular degree. The overall statement, in aggregate, must be representative of the job.

The dimension of "nature and complexity of issue" describes a continuum from primarily operationally focused management challenges up to primarily highly strategic focused management challenges along with a description of the typical complexity, risk and impact of work at each degree. It also incorporates an element of organizational scope in order to better frame the reach and impact of the nature of analytical work at each degree. As with most management structures in any organization, scope and size of the work-unit provides a good indicator of the complexity of management issues present in the work. As the scope and span of control increases, so does the number of issues, complexity of issues and diversity of issues inherent in the work.

The "nature of critical thinking" dimension serves to provide the more practical "flavour" related to the level and the type of thinking that is typical at each degree.

It is important to continually recognize that the entire LC group is representative of the Executive Cadre. Therefore, even the first level of LC manager is at a high level and should not be interpreted as performing "junior task oriented management work".

Element Framework

This element is a cumulative progression or "pyramid" style element. A rating at a higher degree assumes that the skill described in the lower degrees is already included. All components work together to provide an integrated view of the overall level of critical thinking and analysis required in the work at each degree in the continuum.

Degree Nature / Complexity of Issue Nature of Critical Thinking
1

Problems or issues are primarily operational in nature focused on the business and legal activities and workload of a defined delivery area.

Critical thinking involves assessing client and operational requirements, anticipating and identifying legal issues and implications, identifying linkages among files and issues, developing file and client management strategies, and ensuring overall alignment of skill sets to workload.

2

Problems or issues are both operational and strategic in nature involving a network of perspectives, often-competing priorities, as well as significant legal, business and political risk and impact related to a program, policy or service development or delivery group.

Critical thinking involves anticipating and identifying legal, operational and policy issues, linkages and implications including emerging trends and broader risks, and developing strategies to address them.

3

Problems or issues are primarily strategic in nature involving considerable legal, business and political risk and impact with many broad reaching impacts on the direction of a major program or business operation.

Critical thinking involves anticipating and identifying linkages and interplay with other policy/program/operational/business areas, and broader portfolio and/or business contexts, based on significant legal and operational management experience.

4

Problems or issues are highly strategic in nature focused on the long-term direction of the Department/Agency as a whole, its business and its role.

Issues are of the highest complexity, profile and risk, with broadest government, societal, economic, and/or legal implications.

Critical thinking involves extensive strategic and risk analysis including the development of new business frameworks

At degree 1 of critical thinking and analysis is centered primarily on issues encountered in the operational planning and delivery of work (e.g., financial, HR and administration issues), as well as the critical thinking around the legal advice itself.

As the first level of management in the LC group, the organizational scope and complexity of issues is focused around the day-to-day management of a defined work area and the thinking challenges that come with it (i.e., some kind of formal work unit comprised of a number of lawyers and legal and business support staff engaged in the delivery of legal services). This scope is important in situating the typical reach, complexity and risk of the management issues, at this first level of management work.

The back-half of the degree descriptor provides some practical activities to describe the analytical work required on the management and the legal side of the work, e.g., assessing client and operational requirements, developing file and client management strategies, ensuring the appropriate lawyer is taking on the appropriate file, staying abreast of all legal work delivered by the unit so as to continually be looking for linkages among files and issues that impact the quality and holistic delivery of legal service.

At degree 2 of critical thinking and analysis, issues grow to include the operational as well as the strategic and the scope within which these management challenges are situated increases from the work-unit level to a legal program, policy or service area. The degree descriptor goes on to describe the increased complexity associated with the management of a larger organizational arena, the underlying philosophy being that a full Program area would be comprised of more delivery streams, more people, more legal issues, more diversity of legal matters, etc., thereby resulting in an increase in complexity, thereby requiring higher critical thinking and analysis.

At degree 3 of critical thinking and analysis, issues grow to be primarily strategic in nature and are centered on the direction of a major legal Program or Operation. The scope and complexity of legal and management challenges at this degree are characterized by significant legal, political and business risks and have broad reaching impacts.

At degree 4 of critical thinking and analysis, the LC work is at the highest executive level and issues are primarily strategic in nature. Issues are at the highest level of criticality, risk and impact and have long term impacts on the business of the law overall across government.

Element 3: Relationship Building and Influencing

Guidelines

An integral part of Law Management work requires the building and leveraging of relationships in order to get work accomplished. This element captures the requirement in Law Management jobs to build and leverage relationships, as well as to exercise influence in order to coordinate approaches, advance issues, resolve problems, and achieve legal, operational and policy objectives at a variety of levels of complexity and impact.

Where the Leadership and Management element speaks to the formal management accountability in LC work, Relationship Building and Influencing speaks to the additional reality in LC roles to manage outside of the formal authority structures in order to advance the work.

The element is described along the dimensions of level and purpose of relationship building and the companion nature and purpose of influencing skills. It is critical in this element to focus on purpose. Evaluators must consider the nature and complexity of the work, the span of control and the reach and scope of the management responsibility in order to better understand the variety, levels and complexity of stakeholders and interests that must be managed in order to deliver on the work.

Similarly to the other key elements in the LC standard, the purpose delineators in this element are underpinned by an increasing scale of organizational scope. This continuum reflects complexity, purpose and impact from within an operational area, through to program and portfolio impacts, to overall strategic direction of the business of law in government.

These dimensions are described throughout the degrees of the element, and progress to describe an overall level of responsibility at each degree. The overall statement, in aggregate, must be representative of the job requirements.

Element Framework

This element is a cumulative progression or "pyramid" style element. A rating at a higher degree assumes that the skill described in the lower degrees is already included. All components work together to provide an integrated view of the overall level of relationship building and influencing required in the work at each degree in the continuum.

Degree Level and Purpose of Relationships Nature and Purpose of Influencing Skills
1

Builds a network of peer level relationships with clients, colleagues, and stakeholders within and outside government ;

To coordinate approaches, ensure quality and consistency of service and advice, and to resolve issues.

Advanced persuasion and diplomacy to influence policy or legal approaches in related program or operational areas.

2

Establishes and leverages a network of senior level relationships with clients, colleagues and stakeholders both within and outside government;

To identify and anticipate strategic legal, operational and policy issues, trends and opportunities.

Extensive persuasion and diplomacy skills to influence strategic decision-making on matters of law, policy and operations, and resolve issues in order to facilitate the achievement of program, portfolio, client and/or business objectives.

3

Cultivates and maintains key strategic relationships and alliances on behalf of the Department/Agency at the highest levels within and outside government, as well as with political leadership;

To achieve the organization's overall business objectives.

Highest degree of persuasion and diplomacy skills to shape the development of the law, to influence government and societal outcomes and resolve issues of the highest risk, complexity, and political sensitivity.

At degree 1 the purpose of building relationships is centered on achieving day-to-day operational results in the delivery of quality legal service. The influencing skills take the form of bringing people and ideas together where required to determine the best approaches to dealing with legal and management challenges within the scope of the operation being managed.

At degree 2 the purpose for building relationships increases, it is broader and more forward looking. At this degree, the duties of the work require building and leveraging a network of meaningful contacts and sources in order to stay abreast of issues gather intelligence and identify trends and anticipate the next level strategic legal, policy or operational issues. The purpose of influence at this degree increases to the level of strategic direction on matters of law, policy and operational management. The organizational scope at this degree changes from the day-to-day delivery of the legal work to achieving higher level Program and portfolio objectives.

At degree 3 the requirements of LC work are at the highest level of executive and the scope of accountability at this degree is for the Department and its mandate as a whole. At this level the LC job requirements include  managing the machinery of government and the broader political and non-government contexts that are at the highest level of influence in order to deal with the highest complexity and risk issues and shape and deliver on the mandate and business objectives of the Department.

Element 4: Leadership and Management

Guidelines

The Leadership element captures the responsibility in LC work for providing leadership and people and operational management including setting directions, goals and priorities, as well as planning and managing and monitoring results. This element recognizes that the complexity of the management and leadership responsibility increases with factors such as scope, size, diversity and multiplicity of operations, as well as the increasing challenge of managing through, and being accountable for, multiple layers of management.

This element is the cornerstone to the entire job evaluation standard in that it speaks directly to the foundation management structures that underpin the four (4) levels of management in the LC group, as well as the organizational scope and context that differentiates the complexity in management accountability as the duties of the four levels of work move from first level manager through Director, Director General, and finally to ADM levels.

While it can be argued that all management jobs are required to perform the same type of tasks (i.e., planning and managing people and financial resources in the delivery of work) scope and size of the work-unit provides a good proxy for the complexity of management issues present in the work. An increase in scope, span of control, number of people, subordinate management structures, etc. leads to an increase in complexity of management accountability and challenge in the work as we move from first level manager to the most senior executive roles.

Evaluators will notice that just like the other elements have been described above a similar complexity continuum based on organizational scope prevails as a key differentiator.

This element is structured along the dimension of scope of responsibility. It focusses on the progression of leadership and management accountability from operational level to highly strategic and uses organizational scope with deliberate purpose, as a means of differentiating work between levels with a companion organizational scope delineator.

Because organizations differ in their structure this element is described in generic language where possible to denote organizational scope from Unit, to Program/Service area, to multidimensional Program/Service area. Because of the complexity in organizational design and naming conventions for organizational structures and business lines in the large user departments of Justice and Public Prosecution Service of Canada organizations, there are additional specific organizational structure names used to add clarity where required.

The second half of each degree descriptor provides a sample set of management activities that would typically describe leadership and management at each degree. This is designed to facilitate the practical understanding of each degree through an activity lens. The organizational scope delineator must always be considered first, since a number of management and leadership activities may be similar from degree to degree. This section of the degree descriptors is not intended to be an exhaustive representation of leadership and management activities and should be considered as representative examples only.

Evaluators will notice that there is a different set of sample management activities at degrees 2 and 3 for Departmental Legal Services Units (DLSUs) of the Department of Justice. This is to help evaluators understand the very different nature and scope of management work in these units.

Element Framework

This element is a cumulative progression or "pyramid" style element. A rating at a higher degree assumes that the skill described in the lower degrees is already included. All components work together to provide an integrated view of the overall level of leadership and management required in the work at each degree in the continuum.

Degree Scope of Responsibility Nature of Activities
1

Operational in nature: focused on setting the vision, business direction and priorities for the unit, and managing client business relationships in the performance of the work;

Organizational scope: a small Departmental legal services unit, a work unit or regional portfolio sub-section.

Operational work planning, resource plans and budgets, aligning team members and case files, ensuring quality of services and advice, and contributing to, and implementing higher level business plans.

2

Operational and strategic in nature: focused on setting the vision, business direction and priorities of the group, managing key client business relationships;

Organizational scope: a program, policy or service development or delivery group OR a mid-sized full-service departmental legal services unit.

Reviewing and integrating work plans and priorities of subordinate units, establishing and managing human and financial resources plans;

Contributing to, and implementing the higher level business plans.

In a DLSU: Operational work planning, establishing and managing human and financial resources plans; inputting to client business plans; contributing to, and implementing broader departmental business plans.

3

Strategic in nature: focused on setting the vision, business direction and priorities, balancing and integrating multiple, often competing inputs;

Organizational scope: a complex, multidimensional program/practice or an operation involving a multiplicity and/or diversity of subordinate programs or functions, and layers of management accountability OR a large DLSU typically involving a variety of highly complex client business operations, high profile, high impact, cross cutting issues, multiple areas of law and service, and significant human and financial resource challenges.

Reviewing and integrating work plans and priorities of multiple programs, functions or operations, including human and financial resource plans;

Contributing to, and implementing higher level strategies and business plans.

In a DLSU: operational work planning, establishing and managing human and financial resources plans; balancing client requirements with those of the law and the Department of Justice ; inputting to client business plans (DLSU).
4

Highly strategic in nature: focused on the development of the vision, national strategies, overall direction, major goals and objectives and identifying strategic legal system and business improvement opportunities, effecting change, and mobilizing effort;

Organizational scope: a Branch, Sector or Portfolio.

Coordination, integration, rolling-up of regional plans and priorities into the Portfolio or Branch plans;

Overall contribution to setting and managing the strategic direction of the Department as a whole.

In Degrees 1 to 4 the requirements are fairly prescriptive with specific organizational structure, scope and a list of activities. Each of the degree descriptors is comprehensive in its explanation.

Element 5: Physical and Sensory Effort

Guidelines

This element measures the physical and sensory effort required in the performance of Law Management work. It measures the physical effort and the energy involved in exerting force, either while moving or while staying still, or in performing a sequence of apparently small movements. It also recognizes the strain associated with intense sensory focus, e.g., visual, tactile or auditory. This element considers how long the effort is being exerted and how often the effort is required.

The element's rating scale includes some generic examples of effort in three broad categories. These are intended to provide illustration of the nature and intensity of physical and sensory effort to be captured by this element; however, they are not exhaustive. Other effort of equivalent intensity should also be considered and rated similarly. Each category of effort (A, B and C) must be rated separately.

When evaluating this element the following frequency scale must be applied:

  • Rarely/Occasionally: the requirement to exert physical or sensory effort at the sustained level described is rare or infrequent and for short periods of time.
  • Regularly: to be evaluated at this degree, the effort must be a common and integral requirement of the work and consist of a significant portion of total time.

Evaluators should consider this frequency scale with a degree of reasonability. The standard does not require a precise calculation of time for these efforts in order to make an appropriate rating assessment.

Evaluators should consider the frequency of activity throughout the period of a year, and should assess daily effort in the work, as well as a job whose effort requirements may occur only in a given peak period, but is sustained nonetheless.

There is a separate element that evaluates the environmental conditions within which the duties of the job are to be performed.

Element 6: Work Environment

Guidelines

This element measures the physical and psychological surroundings or conditions within which the work must be performed and the extent to which they make the job unpleasant. The psychological surroundings include the exposure to aspects of work that result in psychological discomfort, whereas the physical surroundings include the exposure to aspects of work that result in physical discomfort.

There is no frequency or duration scale in this element. The rationale for this is that exposure to unpleasant conditions, even if only occasional, is still disagreeable and warrants recognition in the value of work. When evaluating the psychological and physical work environments select the highest normal level that applies to the work, excluding rare or chance occurrences that are not an integral part of the work requirements.

The underpinning assumption for all work in the core public administration is that it is compliant with all relevant legislation and standards governing work environment and conditions. Do not consider the inefficiencies of heating, cooling and ventilation systems, or incumbent specific issues.

It is important to keep in mind that this element is designed to capture the conditions under which the work is normally performed as opposed to the effort required to deal with the conditions. The examples provided in this element are not exhaustive, but rather, are intended to represent the "type" of environment that may be encountered when performing the duties of a job.

For the most part, as high-level professional knowledge work, LC jobs are generally performed in a typical office environment with relatively few challenging physical or psychological working conditions beyond the norm. That being said, there could be jobs that may have more challenging work environments.

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