Evaluation of the Indigenous Courtwork Program

Executive Summary

1. Introduction

The purpose of the national Indigenous Courtwork (ICW) Program evaluation is to examine the relevance, effectiveness and efficiency of the Program, in accordance with the Treasury Board 2016 Policy on Results. The ICW Program has been evaluated three times in the past ten years.

2. Profile of the Indigenous Courtwork Program

Established in 1978, the objective of the ICW Program is to contribute to achieving the federal government's commitment to ensuring fair, equitable, culturally relevant treatment for Indigenous people involved with the justice system. The Program is open to all Indigenous people, regardless of age, status or residency, throughout Canada where services exist.

The ICW Program provides funding to each participating province through five-year bilateral contribution agreements. Provincial and territorial ministries are responsible for establishing the framework for the Program within their jurisdiction. In each province and territory, the Program is delivered through a relatively small network of geographically decentralized Courtworkers who usually work independently, providing services and building relationships with their local communities.

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.

3. Evaluation Methodology

The methodology utilized multiple lines of evidence, including extensive document and data review, literature review, as well as surveys of 124 judicial and court officials, 114 Courtworkers delivering services, and 34 key informants. In total, 823 ICW Program clients were surveyed and follow-up interviews were completed with 62 clients. Three regional case studies were also undertaken, which involved visits to four communities, including two communities in British Columbia, one in Alberta and one in Ontario. Thirty-three individuals were interviewed during the case studies including eight Courtworkers, ten court and justice officials, nine stakeholders, four service delivery agencies, and three provincial government representatives.

4. Evaluation Findings

4.1. Relevance

The ICW Program is well aligned with the priorities of the federal government, as well as the priorities and core responsibilities of the Department of Justice, as evidenced by the increased level of funding and the Government of Canada’s focus on renewed relationship with Indigenous communities.

The evaluation found a strong continuing need for the ICW Program attributed to overrepresentation of Indigenous people in the criminal justice system and continuing high demand for ICW services. The Program is largely responsive to the needs of Indigenous people; however, time and resource limitations impact the consistency of services provided across the courts and communities, and for ICW clients with complex needs who require more extensive supports.

4.2. Effectiveness – Achievement of Expected Outcomes

The ICW Program contributed to fairer, just and culturally relevant treatment of Indigenous people before the court by promoting the use of alternative and restorative measures that improve outcomes for clients. Factors contributing to the Program success are the knowledge, passion and dedication of the Courtworkers, the credibility of the ICW Program and recognized value of Courtworker services, increased recognition of the importance of restorative justice and diversion programs, community involvement, ability of the Courtworkers to provide additional supports to ICW clients with complex needs, and the level of collaboration with community resources.

ICW Program clients received a wide range of information from Courtworkers, which helped them in understanding the meaning of the plea, their charges, court procedures, and what lawyers and judges said to them. As a result, clients gained more confidence in the system and were better able to make informed decisions about their options. Over 95% of clients reported satisfaction with the information received.

The role of Courtworkers has continued to evolve and expand which is viewed as enhancing the effectiveness of the ICW Program. This expansion of the roles will require ongoing training of the Courtworkers. The TWG plays an important role as a forum for information sharing, taking a leadership role, as well as other important initiatives. However, structural and communication issues within the TWG were identified.

The Project Fund has positively impacted the ICW Program by providing necessary resources for training and piloting/testing innovative initiatives. Some concerns have been raised with respect to the limited opportunities to share best practices and secure ongoing funding for the pilot projects.

4.3. Efficiency

The ICW Program has made efficient use of its resources. Overhead costs are very low (2.5% of the total federal budget 2016-17) and most resources have gone directly to frontline service delivery. The Program budget has increased from $5.5 million to $9.5 million for the first time since 2002. The budget increase was used to address Program integrity pressures identified in the 2013 evaluation. The timing of the evaluation did not allow for an assessment of the allocation or impact of increase in Program budget.

5. Recommendations

The evaluation made the following two recommendations concerning the ICW Program.

Recommendation 1

It is recommended that Justice Canada, in collaboration with the provinces, territories and service delivery agencies, as appropriate, review the scope of services and activities of the Courtworkers in the ever-changing criminal justice system. Consideration should include how to best align funding with the priorities.

Recommendation 2

It is recommended that Justice Canada, in collaboration with the Tripartite Working Group (TWG), review the Terms of Reference with a view to developing recommendations for consideration by the FPT Deputy Ministers Responsible for Justice and Public Safety that will modernize the TWG Terms of Reference. Consideration should include:

In its Management Response, the ICW Program agreed with both recommendations, and has prepared an action plan to respond to each of them.