Conclusions and recommendations

5.1 Conclusions

5.1.1 Relevance

The need for the Program is evidenced by an increasing overrepresentation of Indigenous people in the CJS. The factors contributing to the overrepresentation are well established and are a result of the colonial policies and practices. The IJP serves to provide culturally appropriate alternatives to the mainstream CJS, and is responsive to the needs of the accused by helping them understand and address the underlying factors contributing to those offences such as mental health issues, addiction, and socio-economic issues (such as poverty).

The Program is well-aligned with the priorities of the federal government 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.

5.1.2 Performance

Effectiveness

The IJP has increased Indigenous communities’ involvement in designing and delivering a wide range of justice related programming. 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 to engage with stakeholders is dependent upon the availability of staff, resources and infrastructure as well as skills and ability of CJWs to build relationships. While the IJP Capacity Building Fund supported a number of regional gatherings and workshops, 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 prosecutors were most often reported, and they are most likely to divert clients to the Program. The relationship with police remains a challenge, largely due to frequent rotation among the police force, limited engagement, discrimination and misperceptions about the programs, as well as 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, but many of the initiatives are still in the early stages and have not yet resulted in tangible changes for the community programs. Given the decision to divert individuals to community-based justice programs remains largely with the CJS, lack of awareness of the community-based justice programs and discrimination denote an important barrier.

The federal Indigenous justice policy is informed by Indigenous community partners and stakeholders through ongoing communication and information sharing across a number of working groups involving various justice programs. Though the policy work is usually led by other areas of the Department, the IJD policy and regional staff serve as an important link between the Department and the 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. An estimated 90% of clients successfully complete their obligation. For those diverted post-charge, the majority have the charges dismissed. The evaluation found evidence of reduced victimization rates, and reduced rates of recidivism among those who participated in the community-based justice programs.

Efficiency and Economy

The Program is well managed and data shows that both its efficiency and economy have improved since last evaluation. 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.

5.2 Recommendations

Based on the findings described in this report, the following recommendations are made:

  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.