2. Program profile

2.1 Program Description

Established in 1978, the ICW Program’s objective is to contribute to achieving the federal government's commitment to ensuring fair, just, equitable, and culturally relevant treatment for Indigenous peoples involved with the justice system (whether as accused persons, victims, witnesses, or family members).

The ICW Program is delivered through a relatively small network of approximately 230 full-time and part-time Courtworkers2 providing services to approximately 450 communities3 across Canada, who ensure that Indigenous peoples (their clients) receive information about their legal rights and the court process. Indigenous Courtworkers facilitate communication between their clients and justice personnel, and connect them to community supports and services to address their needs. They also provide critical background and contextual information on the accused, and they make the court aware of alternative measures and options available in the Indigenous community.

There are three stakeholder groups involved in the ICW Program.

Table 1: ICW Stakeholder Groups
Stakeholder Description

Clients

Indigenous persons4 with a charge and those without a charge who are in contact with the criminal justice system.

Justice officials

Court officials (legal aid, defence counsel, Crown counsel, clerks/judicial assistants), judiciary (judges and justices of the peace), law enforcement, parole/probation officers, and agencies responsible for transport and/or custody of Indigenous persons before the court.

Other stakeholders groups

The Indigenous community, Indigenous agencies and community justice initiatives, referral agencies, as well as families of Indigenous persons before the court (accused), co-accused, Indigenous victims, and Indigenous witnesses.

As part of the ICW Program, Courtworkers deliver a range of services directly to clients and undertake various other activities that involve ICW stakeholder groups, including:

Justice Canada funding to the provinces for the ICW Program is provided on a cost-shared basis through five-year bilateral contribution agreements. The federal funding available is up to a maximum of 50% of the total eligible provincial program costs for eligible services and up to the notional federal maximum level established in the contribution agreement. Funding to the territories is provided through “Access to Justice Services Agreements” which include additional contribution funding for criminal and civil legal aid as well as public legal education and information. There is no cost-shared requirement with territories. Provincial and territorial ministries are responsible for establishing the framework for the Program within their jurisdiction.

Provincial and territorial ministries are responsible for the delivery of the Program within their jurisdiction. Delivery structures for the ICW Program differ across Canada according to: 

In 2021, eight provinces (British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, Nova Scotia and Prince Edward Island) and three territories were providing Indigenous Courtwork services. Prince Edward Island launched ICW Program services in April 2021.

The ICW Program is guided by two working groups which serve as collaborative policy forums for implementation and ongoing monitoring of inter-jurisdictional issues that concern the Program: the Federal, Provincial, and Territorial (FPT) Working Group5 and the Tripartite Working Group (TWG).6

2.2 Resources

From FY 2018-19 to FY 2020-21, Justice Canada allocated an average of approximately $10 million per year to the ICW Program. In 2021-22 the Program was allocated an additional $14 million over five years and $3.5 million ongoing to support the development of Gladue reports. In addition, in 2021-22, the Program was expanded and an additional $6.7 million over three years was allocated to support the provision of culturally competent services to Indigenous persons involved in the family and/or child protection justice systems.

During the period covered by the evaluation, Justice Canada allocated approximately $42.5 million to the initiative. The breakdown per fiscal year is presented in Table 2 below:

Table 2: Financial Resources Allocated to the Program from 2018-19 to 2021-22
Categories FY 2018-19 FY 2019-20 FY 2020-21 FY 2021-22 Total

Operational funding*

$336,500

$374,205

$375,587

$410,670

$1,496,962

Grants and Contributions

$10,161,073

$9,528,555

$9,500,000

$11,871,380

$41,061,008

Total

$10,497,573

$9,902,760

$9,875,587

$12,282,050

$42,557,970

* Operational funding includes resources related to salaries, employee benefits and operating & maintenance (O&M).

Source: Department of Justice Financial Data

Footnotes

2 NCCABC. 2021. Indigenous Resilience and Adaptability: The National Indigenous Courtwork Program Response to COVID-19.

3 Justice Canada. 2022. Indigenous Courtwork Program Overview. Accessed on July 6, 2022 from https://www.justice.gc.ca/eng/fund-fina/gov-gouv/acp-apc/index.html.

4 The ICW Program is open to all Indigenous peoples regardless of age, status, or residency throughout Canada where services exist. Courtworkers may also provide services to Indigenous persons involved in family, child protection, and civil matters.

5 The FPT working group consists of federal, provincial, and territorial representatives and serves as a resource on issues related to the ICW Program and Indigenous peoples in the justice system. The FPT Working group also provides advice on ICW Program cost-sharing issues and on the potential impact of new legislation and policy changes on the ICW Program.

6 The TWG is composed of federal, provincial, territorial, and service delivery agency representatives and has a mandate to serve as a resource regarding Indigenous Courtworker services. The TWG also develops innovative approaches to service delivery, undertakes research, and investigates the need for services not covered by contribution agreements.