Aboriginal Courtwork Program

• Program Objectives
• What Courtworkers do
• Funding
• History
• Frequently Asked Questions
• Contact Information

Program Objectives

The Aboriginal Courtwork Program is an ongoing justice program that seeks to ensure that Aboriginal people charged with a criminal offence receive fair, equitable, and culturally sensitive treatment by the criminal justice system. All Aboriginal people in conflict with the law are eligible for Courtwork services regardless of their status, age or residency.

The overall objective of the Aboriginal Courtwork Program is achieved by:

• Providing Aboriginal persons charged with an offence with timely and accurate information at the earliest possible stage of the criminal justice process.  This includes referring Aboriginal accused to appropriate legal resources as well as to appropriate social, education, employment, health, Aboriginal community and other resources that may help to address underlying problems; and
• Aboriginal Courtworkers actively serve as a “bridge” between criminal justice officials and Aboriginal people and communities, by providing information and promoting communications and understanding.

What Courtworkers Do

Aboriginal Courtworkers work within the mainstream justice system to increase access to justice by ensuring Aboriginal people charged with an offence receive timely, accurate information throughout the court process. Aboriginal Courtworkers also provide referrals to appropriate legal, community justice and social programs and facilitate communication between the accused and criminal justice officials.

Courtworkers assist clients by:

• Providing timely, accurate information about the justice system and how it works, including the right to speak on one’s own behalf or to request legal counsel.
• Ensuring that Aboriginal clients understand the nature of the charges brought against them.
• Providing information about alternative methods of justice, such as sentencing circles and restorative justice, where available and appropriate.
• Helping to assess and interpret documents, forms and directions or conditions given by the Court.
• Increasing access to available resources and programs by providing information to clients about community support services, such as counselling and alcohol and drug treatment centres.
• Assisting clients with bail applications (where applicable).

Courtworkers also provide services to court officials by:

• Assisting justice officials in understanding the culture, values and customs of Aboriginal people as well as the social and economic situation of each client.
• Improving communication between Aboriginal clients and the justice system – Courtworkers serve clients in English and French and often the Aboriginal language of the local community.
• Strengthening the relationship between the Aboriginal community and the formal justice system by creating community partnerships, working on committees, providing information and promoting the Aboriginal Courtwork Program through activities such as presentations and workshops.

Funding

Federal financial support for the Aboriginal Courtwork Program is provided through contribution agreements with participating provincial governments.

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, Aboriginal Courtwork, and Public Legal Education and Information.

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

Currently Aboriginal Courtwork Programs operate in every province and territory with the exception of P.E.I. and New Brunswick.

History

The Aboriginal Courtwork Program began as a community initiated program in the early 1960s to address the unique justice challenges facing Aboriginal people involved in the criminal justice system.  Aboriginal communities recognized that there was significant need for support services and research revealed the particular challenges faced by Aboriginal persons charged with criminal offences.

These challenges included a sense of alienation from the administration of justice in Canada and limited knowledge of rights, responsibilities, court procedures and available resources.  Additionally, justice system officials often failed to understand the culture, tradition, language and socio-economic factors of Aboriginal people. The Aboriginal Courtwork Program was implemented in part to address these issues.

Federal financial support began in 1969 and by 1978 the Aboriginal Courtwork Program (originally the Native Courtworker Program) became an ongoing contribution program that was supported by the federal and provincial/territorial governments.  In 1987 the mandate was expanded to provide services to Aboriginal youth.

Frequently Asked Questions (FAQs)

Can Courtworkers give legal advice to me?

No. The role of Courtworkers is to provide information and guidance to Aboriginal persons charged with an offence. For example, Courtworkers can explain the way the criminal justice system works and answer questions about the nature of the charge brought against you.

Can a Courtworker help me hire a lawyer?

Yes. One of the key activities of a Courtworker is to help Aboriginal people who are involved with the criminal justice system consider whether you need a lawyer and to assist you in obtaining one.

How else can a Courtworker help me?

Courtworkers can also help by directing you to various counselling services and available programs.

How can I become a Courtworker?

The federal government does not hire Courtworkers. If you are interested in becoming a Courtworker, you should contact directly the provincial or territorial delivery agency listed below.

Do I need paralegal training to become a Courtworker?

No. Courtworkers come into the job with diverse qualifications and backgrounds. Some Courtworkers have paralegal training, but many do not. In addition, delivery agencies provide training to all Courtworkers, both new and experienced, to keep their knowledge and skills up to date. You should contact directly the provincial or territorial delivery agency listed below for further information. 

In what language do Courtworkers serve their clients?

Courtworkers across Canada serve their clients in English or French. A large number of Courtworkers also understand and can serve their clients in the Aboriginal language of the local community.

Who do I have to contact to get a Courtworker in my community?

Please see below the list of Courtworker delivery agencies in your community.

Contact Information

For general information on the Program, please contact:
Justice Canada
Programs Branch
Telephone: 613-941-4193
E-mail: pb-dgp@justice.gc.ca