1. Introduction

1.1 Purpose of the Evaluation

This report presents the results of the evaluation of the Indigenous Courtwork (ICW) Program. The evaluation was conducted in accordance with the Treasury Board’s Policy on Results (2016), which requires departments to evaluate performance and use the resulting information to manage and improve programs, policies, and services. The evaluation was undertaken by the Department of Justice Canada’s (Justice Canada) Evaluation Branch, as per Justice Canada’s Internal Audit and Evaluation Plan.

1.2 Evaluation Scope

The evaluation of the ICW Program was national in scope and covered four fiscal years (FY) from 2018-19 to 2021-22. The Program has been evaluated four times, most recently in 2018. In terms of relevance, the previous evaluations confirmed the alignment of the Program with government and departmental priorities. As well, the evaluation found a continuing need for the Program as part of the efforts to address the overrepresentation of Indigenous peoples in the justice system. To build on the previous evaluations, the assessment of relevance examined the extent to which the Program is consistent with the federal government’s efforts to renew its relationship with Indigenous peoples, to work in consultation and cooperation with Indigenous peoples, and advance reconciliation.

Although efforts were made to assess the early implementation of Gladue report writing and Family Courtwork services, the evaluation focussed primarily on assessing the effectiveness of the criminal courtwork services in achieving the expected outcomes. The evaluation also included an assessment of the extent to which Gender-Based Analysis Plus (GBA+) was considered in the planning and delivery of the ICW Program. Although not originally planned as part of the scope, the report includes findings related to its design and delivery that were found to have had an impact on performance. Lastly, the assessment of efficiency includes a cost-benefit analysis to estimate potential cost-savings to the justice system.

The scope of the evaluation was determined based on a review of available information and informed by consultations with stakeholders regarding issues and questions of interest. The work of the evaluation was guided by an Evaluation Working Group, consisting of key Justice Canada ICW Program staff, provincial and territorial government, and service delivery agency (SDA) representatives.