Evaluation of the Indigenous Courtwork Program

5. Conclusions, recommendations and management response

5.1. Relevance

The strong need for the ICW Program is attributed largely to the continuing overrepresentation of Indigenous people in the justice system, the legacy of colonization, inter-generational trauma, complexity of the justice system, and continuing demand for services. Survey respondents also highlighted the need for services to ensure that Gladue Principles are applied more consistently in the courts across the country.

The ICW services are responsive to the needs of clients, particularly the need for information and assistance in navigating the court system, applying for a lawyer or legal aid, and accessing other in-court and out-of-court services. There are significant differences in the level and types of assistance required by clients. Clients who suffer from mental health issues, addiction, poverty, homelessness and economic instability, as well as youth, tend to require more extensive assistance. Repeat offenders and clients who plead guilty tend to require more time and support in areas such as the development of health plans, bail plans and Gladue reports. Stakeholders identified the need to expand the level and types of services available, as well as the geographic coverage. A strong need for services in family courts was identified given the national crisis with Indigenous children in care and the high correlation between children in care and criminal behavior.

The ICW Program is well aligned with the priorities of the federal government and the core responsibilities of the Department of Justice.

5.2. Achievement of Outcomes

The ICW Program is viewed as highly successful in increasing awareness among clients about their rights and obligations, among justice and court officials about the circumstances of Indigenous people in court, and in increasing utilization of available alternative measures and community resources. By doing so, the Program contributes to the fair, just and culturally relevant treatment of Indigenous people before the court. Between 80% and 90% of justice officials reported that the ICW Program helps them improve communication with Indigenous people, better understand the circumstances of the accused, and determine what services are available and accessible to them. Most stakeholders noted the impact of Courtworker services in improving trust and building bridges between the Indigenous communities and justice system.

Over 95% of clients were satisfied or very satisfied with the information and services received from the Courtworkers, and 89% would recommend services to other Indigenous people. However, half of the clients surveyed noted that it would have been most helpful to talk to a Courtworker as soon as the police arrested and charged them, rather than speaking with one for the first time during a court appearance. The ICW Program contributes to a fair, just and culturally relevant justice system by facilitating greater use of diversion and restorative justice initiatives as well as specialized courts, which are perceived to improve outcomes for the clients. In addition, Courtworkers help to reduce the administration of justice offences by influencing bail and probation conditions (e.g., by informing court officials if their client cannot meet certain conditions and asking that they not be included). The Program contributes to the timeliness of court processes by locating ICW clients, ensuring they have transportation, providing information about them in the court, and reducing failure to appear or breach charges. Over half of clients interviewed (56%) reported that they were satisfied with the outcome of the case, and nearly two-thirds reported that the outcome was both fair and timely. Most clients also believed that their outcomes would have turned out differently without the help from the Courtworkers.

Factors contributing to the success of the ICW Program include the knowledge, passion and dedication of Courtworkers; increased recognition of the value of Courtworker services, restorative justice and diversion programs, and community involvement; and the increasing emphasis placed on providing wrap-around and more extensive services to clients with higher needs.

Most key informants and Courtworkers reported that partnerships have improved, particularly with justice and legal services. However, competing priorities and limited resources can constrain the Program effectiveness in conducting outreach and further strengthening collaboration and integration of services.

5.3. Efficiency and Economy

The ICW Program has made efficient use of its resources. The cost of service delivery to the federal government was equal to $103 per client and $28,500 per Courtworker in 2015-16. Overhead costs are very low (2.5% of the increased budget) and most resources have gone directly to frontline services delivery. Prior to 2016, there had been no increase in federal contributions since 2002. The federal contribution to the Program was increased recently from $5.5 million to $9.5 million to address program integrity pressures identified in the 2013 evaluation. Resource constraints were impacting the ability of the ICW Program to meet the demand for existing services, respond to increasing pressures from judicial and court officials, clients and communities in order to expand the range or extent of services, recruit and retain staff, and provide training and other support to Courtworkers. However, data is not yet available to assess the impact of the federal increase on the Program.

5.4. Design and Delivery

The role of the Courtworkers has continued to evolve and expand. The Courtworkers role varies across regions in terms of their involvement with Gladue reports and specialized courts, the types of clients served (youth, victims, clients with high needs, etc.), and the programming environment (availability of other resources). The Project Fund has been effective in improving access to training for Courtworkers, as well as in piloting and testing innovative approaches and strategies to address gaps and improve the effectiveness of services. Given the evolving role of the Courtworkers and the turnover rates, ongoing and expanded training remains the priority for the success of the ICW Program. Major improvements have been achieved with respect to performance measurement.

The TWG plays an important role as a forum for information sharing, taking a leadership role in developing the National Data Requirement framework and other important initiatives. However, structural and communication issues within the TWG were identified.

5.5. Recommendations and Management Response

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.

Management Response:

We agree with the recommendation and rationale to review the scope of services and activities of the Courtworkers including:

However, the expansion of services into all areas mentioned above falls within provincial/territorial jurisdiction and is highly dependent on access to additional resources or reprioritization of resources. Discussions to determine the appropriate scope, framework, processes and timelines for the review will need to be undertaken with provincial and territorial funding partners and SDAs.

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:

Management Response:

We agree with the recommendation to review and modernize the Terms of Reference, as the relationships developed within the TWG and the information acquired from it have been invaluable in informing ongoing policy and program development at Justice Canada.

The TWG reports through the FPT Working Group on the ICW Program to FPT Deputy Ministers Responsible for Justice and Public Safety; therefore, changes to the Terms of Reference of the TWG would need to be scheduled for the appropriate FPT meetings, which may cause some delays in decision making.

Moreover, the ability to achieve consensus is highly dependent upon collaboration by other members of the TWG. The Working Group currently has 35 members (federal, provincial, territorial and SDA representatives) from across Canada.