Access to Justice Services Agreements Evaluation
Appendix A: Interview Guide
Access to Justice Services Agreements Evaluation Interview Guide
- To begin, what is your role with respect to the Access to Justice Services Agreements (AJAs)? How long have you been in this role?
The Agreements in general
- 2.
What circumstances existed (or
continue to exist today) in the territories to support the creation of a
consolidated agreement?
- Why is there a need to be able to reallocate funds between program areas in the territories but not in the provinces?
- 3. In what ways have the AJAs improved the federal government’s approach to supporting the provision of access to justice services in the territories?
- 4. In what ways is the territorial government’s capacity to deliver access to justice services improved as a result of the AJAs?
- 5. To what extent have the AJAs contributed to improved territorial flexibility to deliver appropriate, responsive and integrated services delivery models?
- 6. Are there any other benefits of the consolidated agreement? Compare to experience with separate agreements, if possible
- 7. What drawbacks exist as a result of the consolidated agreement? Compare to experience with separate agreements, if possible
- 8. Is the balance of spending between the program components appropriate? Why do you believe this?
- 9. In what ways have the AJAs contributed to a fair, relevant and accessible justice system?
- 10. Overall, are the consolidated arrangements working?
- 11. What unexpected outcomes (positive/negative) have occurred?
- 12. (JUS professionals and program contacts only) How are the AJAs aligned with federal government priorities? With departmental priorities/strategic outcomes?
Legal Aid
- 13. Are the current agreements able to support your ability to provide legal aid? If so, how? If not, why not?
- 14. Are there gaps in services? What are the gaps?
- 15. What delivery challenges exist in the territories with respect to legal aid?
- 16. Are you aware of the policy rationale behind funding civil legal aid through the AJAs? Is it appropriate?
- 17. Is the balance of resources used for criminal legal aid and civil legal aid appropriate?
- 18. Is gender equity reflected in access to legal aid?
- 19. Are the minimum standards being met? (see end of document for minimum standards)
Aboriginal Courtworker
- 20. Are the current agreements able to support your ability to provide ACW services? If so, how? If not, why not?
- 21. Are there gaps in services? What are the gaps?
- 22. What delivery challenges exist in the territories with respect to Aboriginal Courtworker services?
- 23. Is it appropriate to provide ACW services to victims/witnesses/family members, etc. (as well as to the accused) in the territories? Why? Are these services being delivered?
- 24. Is the minimum standard being met? (see end of document for minimum standards)
PLEI
- 25. Are the current agreements able to support your ability to provide PLEI? If so, how? If not, why not?
- 26. Are there gaps in services? What are the gaps?
- 27. What delivery challenges exist in the territories with respect to PLEI?
- 28. What are the advantages or disadvantages of having contributions made directly to the territorial government (as opposed to an NGO/designated agency)?
- 29. Is the minimum standard being met? (see end of document for minimum standards)
- 30. Currently, what PLEI activities are being undertaken? Are there other activities that would be undertaken if additional resources were available?
Implementation and Administration
- 31. Have the AJAs been administered and implemented as intended?
- 32. Do the territories have the appropriate opportunity to provide input into federal policy decisions with respect to legal aid, ACW and PLEI services? Are there challenges in this respect?
- 33. Are the roles and responsibilities appropriate and fulfilled as
intended
- Between the federal government and the territorial governments?
- Between program components?
- 34. Is there sufficient capacity to support performance measurement?
- 35. In your opinion, are the reporting requirements appropriate? Why or why not? What are the reporting challenges?
- 36. Are there any alternative ways that the expected results of the AJAs could be delivered?
- 37. On a scale of 1 to 4, please indicate your overall satisfaction with
the consolidated agreements as an alternative to three separate funding
agreements.
- 1 = very dissatisfied
- 2 = dissatisfied
- 3 = satisfied
- 4 = very satisfied
- 38. Are there any other funding programs that you believe could be added to the AJAs? If so, which ones? Why?
- 39. Do you have any other comments?
Minimum Levels of Service
Legal aid: priority is given to cases where/such that…
-
Criminal
- There exists reasonable likelihood of custody/imprisonment if convicted.
- Proceedings are pursuant to Part XX.1 of the Criminal Code (related to Mental Disorders) or Extradition/Fugitive Offenders Acts.
- There is an appeal by the Crown in the above.
- An appeal in the above if it has merit.
- Any proceeding involving a young offender.
-
Civil
- Gender equity is ensured.
- The fundamental social, economic or civil rights of individuals are in jeopardy.
ACW
- To facilitate and enhance access to justice by assisting Aboriginal people involved in the criminal justice system to obtain fair, just, equitable and culturally sensitive treatment.
PLEI
- Timely and appropriate to their needs and cultural identity.
- Made accessible through a variety of delivery mechanisms and media
- Participate in annual priority setting activities on PLEI to endeavour to provide PLEI to the identified priority component
Appendix B: References
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Canadian Criminal Justice Association, A special issue of the Bulletin, May 15, 2000. Retrieved February 3, 2012 from http://ccja-acjp.ca/en/aborit.html.
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De Jong, Pauline, Legal Aid Provision in Northern Canada: Summary of Research in the Northwest Territories, Nunavut and the Yukon, Department of Justice Canada, January 2003.
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Governor General of Canada, Speech from the Throne, 2011.
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Indian Affairs and Northern Development Canada, Canada’s Northern Strategy: Our North, Our Heritage, Our Future, 2009.
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Justice Canada, Aboriginal Courtwork Program Summative Evaluation – Final Report, March 2008.
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Justice Canada, Justice Partnership and Innovation Program Evaluation – Final Report, February 2012.
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Justice Canada, Legal Aid Program Evaluation – Final Report, 2012.
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Justice Canada, Northern Justice Consultations, 2006: Selected Recommendations for Discussion, 2006.
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Justice Canada, Report on Plans and Priorities, 2009/10.
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Justice Canada, Report on Plans and Priorities, 2010/11.
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Justice Canada, The Nunavut Court of Justice Formative Evaluation – Final Report, January 2007.
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Legal Services Board of Nunavut, Legal Services Board of Nunavut Annual Report 2005/06, 2006.
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Legal Services Board of Nunavut, Legal Services Board of Nunavut Annual Report 2006/07, 2007.
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Legal Services Board of Nunavut, Legal Services Board of Nunavut Annual Report 2007/08, 2008.
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Legal Services Board of Nunavut, Legal Services Board of Nunavut Annual Report 2008/09, 2009.
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Legal Services Board of Nunavut, Legal Services Board of Nunavut Annual Report 2009/10, 2010.
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Legal Services Board of Nunavut, Legal Services Board of Nunavut Annual Report 2010/11, 2011.
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Northwest Territories Legal Services Board, 2005/06 Annual Report of the Legal Services Board, 2006.
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Northwest Territories Legal Services Board, 2006/07 Annual Report of the Legal Services Board, 2007.
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Northwest Territories Legal Services Board, 2007/08 Annual Report of the Legal Services Board, 2008.
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Northwest Territories Legal Services Board, 2008/09 Annual Report of the Legal Services Board, 2009.
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Office of the Correctional Investigator, Annual Report of the Office of the Correctional Investigator, June 2009.
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Statistics Canada, Legal aid in Canada: Resource and caseload statistics 2009/10, April 2011.
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Yukon Public Legal Education Association, Annual Report 2006/07, 2007.
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