Executive summary

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Introduction

This report presents the results of an evaluation of the Department of Justice Canada (Justice Canada) Indigenous Courtwork (ICW) Program. The evaluation covers the period from 2018-19 to 2021-22 and addresses issues related to relevance and performance, and design and delivery.

Program Description

Established in 1978, the ICW Program’ objective is to contribute to the federal government's commitment to ensuring fair, equitable, culturally relevant treatment for Indigenous peoples involved in the justice system.

The objectives of the ICW Program are to:

• Assist Indigenous peoples to understand their right to speak on their own behalf or to request legal counsel; and to better understand the nature of the charges against them and the philosophy and functioning of the justice system;
• Assist those involved in the administration of the justice system become aware and appreciate the values, customs, languages and socio-economic conditions of Indigenous peoples; and
• Respond to problems caused by communication barriers between Indigenous peoples and those who are involved in the administration of the justice system.

Financial support for participating provinces is provided through contribution agreements, and in the three territories, federal financial support is provided through the Access to Justice Service Agreements. These Agreements integrate federal support for criminal and civil legal aid, Indigenous Courtwork, and public legal education and information.

In most jurisdictions, Indigenous Courtwork services are delivered by Indigenous service delivery agencies (SDAs) under contract to the provincial or territorial government. In the Northwest Territories, Courtworkers are employees of the territorial government. In Nunavut, Courtwork services are provided through Legal Services clinics.

The ICW Program is guided by a federal, provincial and territorial (FPT) Working Group and a Tripartite Working Group (TWG), which serve as policy forums for ongoing monitoring of inter-jurisdictional issues that concern the Program.

Findings

Relevance

There continues to be a need for the ICW Program as it supports the commitment to address the overrepresentation of Indigenous peoples in the justice system. Factors contributing to this overrepresentation are multifaceted and systemic, such as higher rates of poverty, poor living environments, unemployment and disproportionate disadvantages in education and health care. ICW is seen as responsive to the needs of clients through providing assistance in navigating the court system and providing information regarding how to access in-court and out-of-court services. The Program is also clearly aligned with several federal commitments, including efforts to advance reconciliation and work in consultation and cooperation with Indigenous peoples.

Effectiveness

The ICW Program helps clients receive fair, equitable and culturally sensitive treatment by advocating on their behalf, increasing their awareness of their rights, obligations, and available resources, and connecting them with culturally relevant programming in their community. Courtworkers also help clients understand the judicial process, court proceedings, and their specific case. Almost all clients surveyed as part of this evaluation were satisfied with the services received from their Courtworker.

The ICW Program provides valuable information and meaningful advice to judicial and court officials. Courtworkers provide information about legal aid and community resources available to clients, information about restorative justice programs (i.e., non-custodial options), and information about cultural traditions and social needs pertaining to clients. Judicial and court officials surveyed were satisfied with the usefulness of the information provided to them as it provides insight into the obstacles faced by Indigenous peoples, alternative justice programs and other available community resources. The Program is contributing to an increase in Indigenous cultural values being reflected in the justice system, as Courtworkers provide information on client circumstances, needs, and cultural values which, in turn, informs sentencing.

There is general agreement among judicial and court officials that the information provided by Courtworkers is useful and valuable; however, evidence suggests that there continues to be a need to further increase awareness of the role and value of Courtworkers amongst this group. The evaluation also identified some factors that may limit the impact the ICW Program has on Indigenous peoples involved in the justice system and in accessing culturally relevant services. These include:

• varied skill level of Courtworkers;
• limited/insufficient availability of Courtworkers in some communities; and
• gaps and availability issues in non-custodial and rehabilitative programming options for referrals.

Program Design and Delivery

The demand for Courtworker services has increased since the last evaluation. While the number of ICW clients served has been stable, the number of services per client has increased over the past five years. This increase is reflected in the continued expansion and evolution of the services Courtworkers provide. The COVID-19 pandemic resulted in additional demands on Courtworkers due to a reduction in client access to services, an increase in complexity and severity of client needs, and an expanded role to meet the urgent needs of Indigenous communities dealing with the pandemic. New barriers to access were created as services moved to a virtual delivery model and clients and Courtworkers faced technological barriers particularly in northern, rural, and remote communities.

Other changes that have occurred in the last five years are an increase in services to Indigenous persons involved in family and/or child protection justice systems, and a greater role in advocacy for restorative programs and more holistic supports. Key challenges that have had an impact on program service delivery include: an insufficient number and high turnover of Courtworkers, a lack of ongoing and enhanced Courtworker training, and a lack of mental health and peer to peer supports for Courtworkers.

GBA+ was considered in the planning and delivery of the ICW Program. Some groups of Indigenous clients require additional types of support, and Courtworkers indicated that they tailored their services for diverse groups in order to help them obtain equitable treatment in the justice system. The groups most commonly identified as needing additional support from Courtworkers include those experiencing homelessness, women, youth, and 2SLGBTQI+.1

Efficiency

The estimated cost savings to the criminal justice system from Courtworker activities that prevent clients from avoidable arrests and unnecessary time in custody are estimated to be about $73 million per year. The two main ways in which Courtworkers can prevent clients from unnecessary arrests and subsequent costs to the justice system are by helping ensure clients appear in court, and helping ensure that they do not break conditions of their parole. It should be noted that there are limitations to the analysis of estimated justice system cost savings, as the analysis relies heavily on Courtworker recollections and opinions about the number and nature of interactions with clients.

Recommendations

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

Recommendation 1: The Policy Implementation Directorate, in collaboration with the Tripartite Working Group, should examine ways to improve access and availability of training for Courtworkers.

Recommendation 2: The Policy Implementation Directorate, in collaboration with the provinces, territories and service delivery agencies, should identify ways to increase judicial and court official awareness of the role of Courtworkers and the value of the services they provide.

Recommendation 3: The Policy Implementation Directorate, in collaboration with the Tripartite Working Group, should explore ways to increase the wellness and mental health supports available to Courtworkers.

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