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The Federal Prosecution Service DESKBOOK

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Part IX
DEPARTMENT CONSULTATION
Chapter 48

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48 MINISTERIAL BRIEFING MATERIAL

48.1 Introduction

The Minister of Justice and the Attorney General of Canada must have accurate and timely information about the work of the Federal Prosecution Service and developments in the criminal law and related matters. An important responsibility of Crown counsel is to provide information to the Minister on criminal cases and judgements. This is done through Ministerial briefing material.

A comprehensive “Guide to Preparing Memoranda for the Minister and the Deputy Minister” has been prepared by the Ministerial Secretariat, and is available from the Secretariat and on the Department's Intranet site. This document will assist counsel in the preparation of high quality briefing materials.

The purpose for which briefing is required will dictate the type of material. There are five main types:

1. litigation Committee briefing notes; (see Appendix “A” for sample);
2. memoranda for the Minister and Deputy Minister, which are of four types: “For Information”; “For Approval”; “For Signature”; “For Scenario” (see Appendix “B”, “C”, “D” and “E”);
3. question Period notes (see Appendix “F”);
4. early Warning reports; and
5. forward Agenda reports.

In addition, types 1) and 2) above must be accompanied by approval slips, an example of which is found as Appendix “G”.

The general purpose, structure and format of briefing material is set out below. However, the structure and format may change from time to time. Crown counsel should therefore ensure that precedents are up-to-date. If in doubt about the format or number of copies required, counsel should consult the Ministerial Secretariat Intranet site, which contains information on, and templates for, the various types of material referred to above.

48.2 Briefing Notes Generally

All briefing notes should provide a succinct statement of the case or issue, the essential background information, the current status of the matter, and the recommendations made or directions sought, if any. Briefing notes should generally not exceed two pages, and must be clear and accurate.

The appropriate security designation must be marked in the top right corner of the first page. The proper security designation can be determined by referring to the departmental Security Handbook.

All briefing notes prepared by Regional counsel must be approved by the Regional Director, or Senior Regional Director, as the case may be. The briefing notes must be accompanied by a completed Approvals slip. Question Period briefing notes must be approved by the Assistant Deputy Attorney General (Criminal Law). The name, title, and telephone number of counsel who prepared the briefing note and the date of preparation must appear at the bottom of the briefing note.

48.3 Specific Types of Briefing Notes

48.3.1 Litigation Committee Briefing Notes (App. “A”)

Purpose: This type of briefing note is used to seek the Attorney General's instructions in litigation matters through the Litigation Committee¹.

The Litigation Committee meets every Tuesday morning in Ottawa. Material is distributed to the Committee at noon on the Friday before the Tuesday meeting. Accordingly briefing notes must be submitted to the Assistant Deputy Attorney General (Criminal Law) in sufficient time to permit adequate review before the note is distributed to the Committee.

Structure: Litigation Committee briefing notes must always follow a defined structure, set out below.

Format:
Memorandum for the Minister format
8 1/2" x 11" paper size
Length: 2 pages; 2 1/2 pages maximum

The following headings must be used, in order:

Please note that a lengthy legal analysis is not necessary; what is important is a description of the issues at stake, and a commentary on the factors that should be taken into account in the Minister's decision. In some instances, it may be appropriate to annex a copy of the decision of the court, where an appeal is proposed.

The Approval Slip provides for signatures by the relevant persons, for example, the Chair of the Litigation Committee.

48.3.2 Memorandum for the Minister and Deputy Minister (App. “B”, “C”, “D”, “E”)

Purpose: These types of briefing notes serve several purposes. They are used to inform the Minister or the Deputy Minister about important matters, such as court decisions. They are also to be used to seek the Minister's approval on matters, provide background for a meeting/event, or request the Minister's signature. The briefing note may be prepared in response to a specific request, but need not be.

Structure: The correct structure is found in the Memorandum for the Minister templates on the Ministerial Secretariat homepage. The “Guide to Preparing Memoranda” is also found on this page.

Format:
Plain paper
8 1/2" x 11" paper size
Length: 1 - 2 pages maximum

The briefing note will contain the following headings:

• ISSUE
• BACKGROUND
• CONSIDERATIONS
• CONCLUSION/RECOMMENDATION

48.3.3 Question Period (QP) Notes (App. “F”)

Purpose: This type of note is used to inform the Minister about issues that may arise during Question Period or with the media, such as relevant Supreme Court of Canada decisions. The note should offer suggested replies to possible questions.

Question Period notes are usually prepared in response to a specific request from the Minister's office or the Question Period Co-ordinator and must meet strict deadlines. These notes must be received in the Parliamentary Affairs Unit by 11:00 a.m. (Ottawa time) on the day for which they are required. Since Question Period is held earlier on Fridays, the Friday deadline is 10:00 a.m.

Structure: Question Period notes must always follow a defined structure, set out below. The suggested ministerial replies contained in the note must be clear, accurate, and diplomatic.

Format:
Plain paper
8 1/2" x 14" paper size must be used
Length: 1 page; 2 pages maximum

The following headings must be used, in order:

• TITLE: case name or subject matter;
• ISSUE: a brief statement of facts or issues involved;
• PROPOSED RESPONSE: in point form, two or three concise statements indicating responses that the Minister/Attorney General might give to potential questions;
• BACKGROUND: whatever background information is required to promote the Minister's understanding of the issue.

48.3.4 Early Warning Report

Purpose: This type of report is used to identify emerging issues, initiatives, activities and developments in litigation that are likely to attract public attention or be a subject of discussion in the House of Commons. Issues which attract such attention include matters relating to public figures, major policy initiatives of the government, accountability for actions taken such as the expenditure of public funds, and equality issues.

Regional counsel should identify and bring such cases or issues to the immediate attention of the Prosecution Group Head or Regional Director. The Regional Director is responsible for ensuring that a report is prepared and forwarded to the Assistant Deputy Attorney General (Criminal Law).

Structure: Input for the Early Warning Report should refer to the case or issue and its status for the upcoming week. This report is subject to strict deadlines and should be submitted by noon Ottawa time on the Thursday of the week in which it is prepared. The briefing note is provided to the Minister on Friday.

Format:
Plain paper
8 1/2" x 11" paper size
Length: one or two paragraphs
Font: Arial

The material provided for the Early Warning Report should state the title or subject matter, the current status, and a very brief outline of the issue. If the matter deals with a specific case, the government position should be identified. The writer should identify the relevant day in the upcoming week. A brief proposed “Public Statement” should be included. The name of the contact person and the person's phone number should be included, and the contact person should be available until Friday noon (Ottawa time) in case of a need for clarification.

48.3.5 Forward Agenda Report

Similar in purpose to the Early Warning Report, the Forward Agenda Report seeks to identify those items that will require the attention of the Minister/Attorney General during the upcoming Parliamentary session. The Report is prepared by the Ministerial Secretariat, who request the information in December/January and July/August. Crown Counsel may be asked to contribute material to assist in preparation of the Report.

48.4 Appendix A

Security Classification

FOR APPROVAL

MLU2000-000000

MEMORANDUM FOR THE MINISTER

Insert a brief, informative title here,

2 lines maximum

DEADLINE FOR DECISION: INSERT THE DATE THAT REPRESENTS THE DEADLINE FOR THE MINISTER'S APPROVAL (IN BOLD AND CAPS)

COURT APPEALED FROM

Insert the name of the court appealed from.

Date of S.C.C. Leave

Insert the date of S.C.C. Leave, if intervention is in the S.C.C.

Anticipated Date of S.C.C. Hearing

Insert the anticipated date of S.C.C. hearing.

Timing

Insert the timelines associated with the appeal. (i.e. Instructions are needed by April 15, 1999 in order to effect service and filing of Motion Book by April 19, 1999.)

Background

In a few brief paragraphs, give facts about the issue that are directly relevant to the response being requested from the Minister (approval or further direction).

This section could contain information helpful in understanding why the issue needs to be dealt with now, or how it has evolved, if relevant to the proposed course of action.

Just type over this text. Use ‘page down', ‘page up' or your mouse to move to another section of the template.

If attaching annexes with more detailed information, refer to them by number in this section.

Sub-heading (if needed, just type over this text)

If helpful in organizing information and making it accessible, use sub-headings, but not more than one level. Aim for simple words, short sentences, short paragraphs, and no more than one point or idea to a paragraph.

Sub-heading (delete if not needed)

Use bullet lists as well if helpful in

Summarizing information

Conveying complex information in shorter, more readable form

Reducing space and number of words needed

LEGAL ISSUES

Use this format to seek the Minister's/Deputy Minister's approval for a proposed course of action and/or to seek further direction. Briefly state the purpose of the memorandum, who requested the briefing (if applicable), or why the Department is bringing it forward now. Give a capsule statement of the issue requiring the Minister's/Deputy Minister's attention. For what is approval being sought?

CONSIDERATIONS

State the factors that should be taken into account in reaching a decision about the Department's proposed course of action or recommended option. Mention public communication, federal/provincial and other considerations as appropriate. Include options for possible courses of action, if appropriate, and pros and cons.

Use sub-headings (examples: Federal/Provincial/Territorial considerations, Communication issues) and bullet lists as needed to organize this section and present information effectively.

RECOMMENDATION

State conclusions reached and recommended course of action. Or state conclusion and indicate where further direction is needed.

Give reasons for recommending that the Minister approve the proposed course of action or one of the options provided.

ANNEXES [Specify number. Delete if not applicable. If applicable indicate “ANNEX 1”, “ANNEX 2”, etc. in the upper right-hand corner of your annex]

Author's name here

Title/position here

Sector/branch here

Phone number(s) here

Date here

________________________

Minister of Justice

48.5 Appendix B

Security Classification

FOR INFORMATION

MLU2000-000000

MEMORANDUM FOR THE MINISTER

Insert a brief, informative title here,

2 lines maximum

ISSUE

Use this format to bring information to the Minister's/Deputy Minister's attention that does not require immediate action but could be useful to her/him. Briefly state the purpose of the memorandum and give a capsule description of the issue. Did someone in the Minister's office ask for information on this issue? Does the Department have a particular reason for bringing it forward now? Why should the Minister/Deputy Minister be aware of this information?

BACKGROUND

Write a few brief paragraphs, giving relevant facts about the issue. This section could explain, for example, how an issue has evolved, what makes it noteworthy at this particular time, whether something has changed since the Minister was last briefed on the issue, and other relevant information.

Sub-heading if needed

If helpful in organizing information and making it accessible, use sub-headings, but not more than one level. Aim for simple words, short sentences, short paragraphs, and no more than one point or idea to a paragraph.

Just type over this text. Use ‘page down', ‘page up' or your mouse to move to another section of the template. If you want to be able to refer to these guidelines, print the template before beginning to insert your own text.

Sub-heading if needed

Use bullet lists as well if helpful in

Summarizing information

Conveying complex information in shorter, more readable form

Reducing space and number of words needed

CONSIDERATIONS

State considerations relevant to the issue, if any. Mention public communication, concerns of other federal departments or ministers, federal/provincial and other considerations, if any.

If the issue requires no immediate action but could be the subject of a future memorandum requesting the Minister's approval or further direction, say so here. If a colleague or other individual could raise the issue with the Minister, attach a briefing in the appropriate form – talking points, Qs&As, a backgrounder giving information on a person or organization.

Use sub-headings (examples: Federal/provincial/territorial considerations, Communication issues) and bullet lists as needed to organize this section and present information effectively. Refer to Qs&As and talking points if considerations are treated there.

In talking points and similar annexes, include cautions as appropriate (e.g., ‘information not to be used until charges laid', ‘this issue is before the courts', etc.).

CONCLUSION

Sum up current state of issue on which information is being provided. This section could also state what further developments are anticipated and the time frame, or might simply promise (for example, if giving a status report) to keep the Minister informed about future developments.

ANNEXES [Specify number. Delete if not applicable. If applicable indicate “ANNEX 1”, “ANNEX 2”, etc. in the upper right-hand corner of your annex.]

PREPARED BY

Author's name

Title/position

Sector/branch

Phone number(s)

Date

48.6 Appendix C

Security Classification

FOR APPROVAL

MLU2000-000000

MEMORANDUM FOR THE MINISTER

Insert a brief, informative title here,

2 lines maximum

ISSUE Use this format to seek the Minister's/Deputy Minister's approval for a proposed course of action and/or to seek further direction. Briefly state the purpose of the memorandum, who requested the briefing (if applicable), or why the Department is bringing it forward now. Give a capsule statement of the issue requiring the Minister's/Deputy Minister's attention. For what is approval being sought?

BACKGROUND

In a few brief paragraphs, give facts about the issue that are directly relevant to the response being requested from the Minister (approval or further direction).

This section could contain information helpful in understanding why the issue needs to be dealt with now, or how it has evolved, if relevant to the proposed course of action.

Just type over this text. Use ‘page down', ‘page up' or your mouse to move to another section of the template.

If attaching annexes with more detailed information, refer to them by number in this section.

Sub-heading (if needed, just type over this text)

If helpful in organizing information and making it accessible, use sub-headings, but not more than one level. Aim for simple words, short sentences, short paragraphs, and no more than one point or idea to a paragraph.

Sub-heading (delete if not needed)

Use bullet lists as well if helpful in

Summarizing information

Conveying complex information in shorter, more readable form

Reducing space and number of words needed

CONSIDERATIONS

State the factors that should be taken into account in reaching a decision about the Department's proposed course of action or recommended option. Mention public communication, federal/provincial and other considerations as appropriate. Include options for possible courses of action, if appropriate, and pros and cons.

Use sub-headings (examples: Federal/Provincial/Territorial considerations, Communication issues) and bullet lists as needed to organize this section and present information effectively.

RECOMMENDATION

State conclusions reached and recommended course of action. Or state conclusion and indicate where further direction is needed.

Give reasons for recommending that the Minister approve the proposed course of action or one of the options provided.

ANNEXES [Specify number. Delete if not applicable. If applicable indicate “ANNEX 1”, “ANNEX 2”, etc. in the upper right-hand corner of your annex]

Author's name

Title/position

Sector/branch

Phone number(s)

Date

________________________

Minister of Justice

________________________

Date

48.7 Appendix D

Security Classification

FOR SIGNATURE

MLU2000-000000

MEMORANDUM FOR THE MINISTER

Insert a brief, informative title here,

2 lines maximum

ISSUE This format is used to bring forward a letter, memorandum of understanding (MOU), or other document for the Minister's/Deputy Minister's signature. State the topic and purpose of the letter(s) or MOU and why the Department is bringing it forward. Why is a signature required? Is there a time frame for signing?

BACKGROUND

Write a few brief paragraphs, giving facts about the issue that are directly relevant to the response being requested from the Minister (the signature).

This section could contain information helpful in understanding why the issue needs to be dealt with now, or how it has evolved, if relevant to the response requested.

If attaching annexes, refer to them by number in this section.

Sub-heading if needed

If helpful in organizing information and making it accessible, use sub-headings, but not more than one level. Aim for simple words, short sentences, short paragraphs, and no more than one point or idea to a paragraph.

Sub-heading if needed

Use bullet lists as well if helpful in

Summarizing information

Conveying complex information in shorter, more readable form

Reducing space and number of words needed.

CONSIDERATIONS

State factors to be taken into account. Mention public communication, federal/provincial and other considerations as appropriate.

Use sub-headings (examples: Federal/Provincial/Territorial considerations, Communication issues) and bullet lists as needed to organize this section and present information effectively.

RECOMMENDATION

State conclusions and briefly summarize reasons for recommendation that Minister sign attached letter or document.

ANNEXES [Specify number. Delete if not applicable. If applicable indicate “ANNEX 1”, “ANNEX 2”, etc. in the upper right-hand corner of your annex.]

PREPARED BY

Author's name

Title/position

Sector/branch

Phone number(s)

Date

48.8 Appendix E

Security Classification

SCENARIO

MLU2000-000000

MEMORANDUM FOR THE MINISTER

For your meeting/event with Name of Group

Details of date and time of meeting/event

Details of place, including address and room number

ISSUE Use this format to give the Minister/Deputy Minister guidance about her/his role in a meeting, ceremony or other event. In this section explain the purpose and circumstances of the event. For example

The association requested the meeting to give you their views on...

You accepted the Council's invitation to deliver the keynote address during their annual conference on...

This scenario memorandum can also be used for media interviews and visits outside Canada.

BACKGROUND

This section could contain background about the issues of concern to the organization and/or individuals involved in the event. For example,

The group might have written to the Minister with a list of concerns or issues members want to talk about or hear about from the Minister. (A copy of the letter could be appended to the memorandum along with other attachments.)

The event could be a conference on a particular theme, and the Minister would be asked to address that theme from her perspective.

The author of the memorandum might have contacted the group to obtain information about the event, the organization, the individuals involved, the issues of concern and so on. Strategically relevant information obtained in this way can be presented in this section, while background information can be provided in annexes.

If the meeting/event involves subject matters that fall within the expertise of several sectors, the Ministerial Liaison Unit will consult with sectors to determine how best to ensure that sectors' contributions are co-ordinated and that the ‘scenario' memorandum, giving a strategic overview of the event, is drafted. A background briefing on each substantive issue would then be provided as an attachment.

Sub-heading if needed

The BACKGROUND section of the memorandum should cover why the meeting/event is important to the Department, the Minister's agenda, and/or the government's priorities.

It would also be useful to explain (if applicable) what the association hopes to gain from the meeting and whether the Minister will be asked for specific commitments or actions.

In short, use the BACKGROUND section to explain the significance of the event from the group's perspective and from the Minister's. Be clear and concise – the length limit for memoranda for the Minister is 3 pages.

Refer here to an annex containing details of the schedule and arrangements for the day of the meeting or event. Several other types of attachments might also be suitable, depending on the nature of the event and the Minister's role in it. (See ANNEXES, at the end of this note, for a list of possible attachments. If attachments are long or numerous, put them in a binder – with tabs and a table of contents and labeled on the outside.)

Another sub-heading

Just type over this text. Use PAGE UP, PAGE DOWN and your mouse to move from one section to another within the template. Print the template before working on your memorandum if you want to be able to refer to these guidelines as you work.

If helpful in organizing information and making it accessible, use sub-headings, but not more than one level. Aim for simple words, short sentences, short paragraphs, and no more than one point or idea to a paragraph. Use bullet lists to

Summarize information

Convey complex information in shorter, more readable form

Reduce the space and number of words needed

CONSIDERATIONS

State the factors that the Minister should keep in mind while participating in this meeting/event. Examples could include public communication, federal/provincial and media considerations.

Anticipate what could crop up at the event, whether because of the group involved, the nature of the issues under discussion, the location of the event, its timing, or any other relevant factor. Give the minister the information she needs to function effectively at the event.

Federal/Provincial/Territorial

Use sub-headings and bullet lists as needed to organize this section as well.

COMMUNICATION

This is another possible sub-section of CONSIDERATIONS. Annexes such as media lines, Qs & As and talking points could be mentioned here, if included.

CONCLUSION

Use the conclusion to sum up the Minister's role and the desired or desirable outcome of the event. What can the Minister hope to achieve by meeting this group or addressing this conference. What will help ensure that this goal is in fact achieved?

ANNEXES

[Examples of possible annexes.; Specify number. Delete if not applicable. If applicable clearly indicate TAB or ANNEX number on annex.]

• tab 1 - Schedule and arrangements (sample attached to this template)
• tab 2 - Incoming letter/invitation if it contains substantive information
• tab 3 - List of participants (or key people the Minister will meet) and their affiliations (positions held, etc.)
• tab 4 - Conference program or meeting agenda, with Minister's participation highlighted
• tab 5 - Background briefing on issue A (prepared by sector A – sample attached)
• tab 6 - Background briefing on issue B (prepared by sector B)
• tab 7 - Talking points for opening remarks (use the talking points template)
• tab 8 - Talking points for closing remarks
• tab 9 - Notes for a speech
• tab 10 - Media lines
• tab 11 - Qs & As

PREPARED BY

Author's name

Title/position

Sector/branch

Phone number(s)

Date

Annex 1

Security Classification

MLU2000-000000

Arrangements for Speech

Association of XYZ

19 April 1999, 10:00 a.m.

111 Spring Street, Room 1410, Toronto

TIME	ACTIVITY	COMMENTS
09:55	Use this column to list the sequence of events in which the Minister/Deputy Minister will participate. For example,	Logistics: Administrative Contact: Use this column to give the Minister/Deputy Minister information about the people she/he will meet, the arrangements that have been made on her/his behalf, other information she/he will need to function successfully at the meeting/event. Mention who will accompany the Minister and who will greet the Minister.
	Arrive at hotel.	Go into as much detail as needed to explain the Minister's/Deputy Minister's participation step by step
10:00	Go to Ballroom A.	Program (Order of Speakers): Refer here to annexes by tab number so that the Minister can quickly find what she needs at each stage of the meeting/event (speech notes, talking points, media lines, names of individuals, etc.)
10:30	Deliver keynote speech	Audience: Timing/Subject: Qs and As: Media: (These cells expand to accommodate more text. If you need to expand the table to hold more time slots, move the cursor to the last cell in the table and press the TAB key. A new row will be created automatically.)
12:00	Lunch

48.9 Appendix F

PLEASE NOTE: EXAMPLE ONLY

A QP NOTE IS TO BE ON 8.5 x 14 PAPER

QUESTION PERIOD NOTE

BACKGROUND:

(Arial 11) (This briefing note should not exceed 2 pages. Leave 1" approximately at the bottom of this page.)

Notes

Be sure to inform the QP Coordinator, if you are preparing an unsolicited QP Note.

Be available for any questions until 3:00 p.m. Monday to Thursday, and until 12:00 p.m. on Friday.

CONTACTS:

(Arial 8)

48.10 Appendix G

Fiche d'approbation

Approval Slip

À remplir par le secteur / To be completed by sector

MLU2000-000000

Objet / Subject: _____________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________
__________________________________________

Soumise pour approbation à Sector approvals as required	Initiales Initials	Année Year	Mois Month	Journée Day
_______________ [nom en majuscules / please print name]	_______	_______	_______	_______
_______________	_______	_______	_______	_______
_______________	_______	_______	_______	_______
_______________	_______	_______	_______	_______
_______________	_______	_______	_______	_______
Morris Rosenberg Sous-ministre / Deputy Minister	_______	_______	_______	_______

Approbation/signature/examen du/de la Ministre demandé pour le: Minister's signature/approval/review requested by: ______________________________

Remarques / remarks:

____________________________________________
____________________________________________
____________________________________________
____________________________________________

À remplir par l'ULM / To be completed by MLU

À la demande de /Requested by:
Veuillez faire parvenir à/Please forward to:

____________________

Revue interne / Seen by:

____________________

Rédaction par/ Edited by:

_______________________

Reçue / received:

_______________________

Received in MLU:

____________________

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Date Modified:

2008-12-24