Executive summary

Introduction

The Evaluation of the Indigenous Justice Program (IJP or the Program) was conducted by the Department of Justice Evaluation Branch and covers fiscal years 2016-17 to 2020-21. The evaluation was completed in accordance with the Treasury Board’s Policy on Results (2016). The evaluation examined relevance in terms of whether there is a continued need for the Program, its performance in terms of achieving intended outcomes, and the Program’s efficiency and economy.

Program Description

The IJP is a federally-led initiative that is cost-shared with all thirteen provinces and territories and delivered in partnership with Indigenous communities. The overall objective of the Program is to address the overrepresentation of Indigenous people in the criminal justice system (CJS), both as offenders and as victims. The Program has two funding components that are included in the evaluation: the Community-Based Justice Fund and the Capacity-Building Fund.

Findings

Relevance

The need for the Program is evidenced by an increasing overrepresentation of Indigenous people in the CJS and higher rates of crime in communities where a majority of the population is Indigenous. Indigenous people account for 5% of the Canadian population yet they represent about 30% of provincial/territorial and federal correctional admissions. Factors contributing to Indigenous overrepresentation in the CJS are well established. Colonial policies and practices of systemic oppression of Indigenous culture, language and traditions, residential schools and the ‘60s scoop’ resulted in intergenerational trauma and marginalization of Indigenous communities that continue to have major social, economic and health consequences today.

The IJP provides culturally appropriate alternatives to the mainstream CJS, and helps the accused  understand and address the underlying factors contributing to the offences such as mental health issues, addiction, socio-economic issues (such as poverty), inadequate housing, etc. In this respect, the community-based justice programs have largely been responsive to the needs of offenders who have participated in their programs and, more broadly, to victims and community members.

Given the continued systemic discrimination and racism combined with limited resources, the Program is unable to keep pace with the magnitude and complexity of needs. In addition, the lack of awareness and knowledge of the community-based justice programs, discrimination, and in some cases, negative perceptions regarding these programs among CJS representatives is an important barrier, given the decision to divert individuals to community-based justice programs remains largely with the CJS.

The Program is well aligned with the priorities of the federal government and the Department of Justice. The government has stated the need to address the systemic inequities that contribute to the overrepresentation of Indigenous people in the CJS as well as the need to increase access to diversion programs. The government has announced funds in the 2020 Fall Economic Statement and the 2021 Budget to address those needs.

Effectiveness

The IJP has increased Indigenous communities’ involvement in designing and delivering a wide range of justice related programming including prevention, diversion, civil and family mediation, reintegration, and supporting individuals on bail and probation. The communities are becoming increasingly involved in providing referrals to the programs. Elders play a key role in community programs, helping to engage both offenders and victims and are frequently involved in community justice committees.

Community-based justice programs’ capacity and resources, including the level of collaboration and trust established with the local government, stakeholders and residents, impacts community involvement in the Program. Program visibility and capacity to engage in various community activities and engage with stakeholders are dependent upon the availability of staff, resources and infrastructure as well as skills and ability of Community Justice Workers (CJWs) to build relationships. The IJP Capacity Building Fund supported a number of regional gatherings and workshops where CJWs, community members, and CJS representatives (such as police officers or Crown attorneys) come together to share best practices, learn about various issues and topics impacting communities, and build relationships. There is significant interest in further training and capacity building activities covering a wide range of issues, including building relationships with community stakeholders and the CJS.

The partnerships and collaboration established at the community level and with CJS representatives have an effect on all other aspects of the Program. The evaluation found that in many communities collaboration has increased across a range of stakeholders. Improvements in collaboration with the Crown attorneys/provincial prosecutors were most often reported, as they are most likely to refer clients to the Program. The relationship with police remains a challenge. This is largely due to frequent rotation among the RCMP/provincial police force, limited engagement, discrimination and misperceptions about the programs, and a lack of formal guidance and protocols regarding referrals. While many reported an increase in collaboration with Indigenous Courtwork and Victim services, there were other communities with limited access to these services and limited local capacity and structure to support collaboration.

The IJP has undertaken various efforts to increase the awareness and visibility of the community-based justice programs and increase acceptance of Indigenous values and traditions into the CJS; however, it is too early to see a tangible increase in diversions to the community programs.

The Indigenous Justice Directorate (IJD) regularly contributes to federal Indigenous justice policy development and leads program-specific initiatives. In particular, the IJD provides input and feedback from Indigenous community partners and stakeholders to policy leads through ongoing communication and information sharing across a number of working groups. IJP and federal-provincial-territorial (FPT) partners collaborated on a range of issues and policy initiatives including the development of a plan to implement Gladue Principles within the CJS. The IJD, including regional staff, serves as an important link between the Department and Indigenous communities.

The IJP has significant impact on the well-being of offenders and victims, as well as the broader communities. The restorative and Indigenous justice processes delivered by community-based justice programs help offenders understand the causes and the impacts of the offences committed and create a satisfactory resolution process for both the offenders and victims. An estimated 90% of clients successfully complete their obligation. For those diverted post-charge, the majority have the charges withdrawn or dismissed. The restorative and Indigenous justice process impacts the broader community by working to keep families together, heal the community, reduce recidivism and increase safety. The evaluation found evidence of reduced victimization rates, and reduced rates of recidivism among those who participated in the community-based justice programs.

Efficiency

The Program is well managed and data shows that both its efficiency and economy have improved since the last evaluation. The cost of the Program per client is low. As the costs of the IJP community-based justice programs, number of clients served, and reductions in participant recidivism rates tend to remain fairly stable over time, it is reasonable to assume that the future costs savings incurred each year would be similar to those reported in the 2016 evaluation, which was $1,604 per participant in immediate savings to the CJS, or $14,498,556 for the full cohort of participants. An updated recidivism study including a cost analysis will be completed at a later date to validate the continued efficiency of the Program.

Recommendations

  1. The Indigenous Justice Directorate, in collaboration with provincial, territorial and community partners, develop a compendium of training, resource materials and best practices available to Community Justice Workers.
  2. The Indigenous Justice Directorate, in collaboration with federal, provincial and territorial partners, identify program-level initiatives to help address systemic inequities in the criminal justice system.