5. Conclusions and recommendations

5.1 Conclusions

5.1.1 Relevance

The continued overrepresentation of Indigenous peoples in the justice system contributes to the continued need for the ICW Program. Factors contributing to this overrepresentation are multifaceted and systemic, such as higher rates of poverty, poor living environments, unemployment and disproportionate disadvantages in education and health care. The ICW Program is seen as responsive to the needs of clients through providing assistance in navigating the court system and accessing in-court and out-of-court services. The Program is also clearly aligned with several federal commitments, including efforts to advance reconciliation, and to work in consultation and cooperation with Indigenous peoples.

5.1.2 Performance

Effectiveness

The ICW Program continues to help increase clients’ awareness of their rights, obligations, and resources available. Most ICW clients surveyed felt the information they received from their Courtworker assisted them in understanding the meaning of their plea, obtaining a lawyer, diverting their case to restorative and alternative justice programs, and receiving referrals to mental health and addiction treatment programs. Courtworkers support clients through moments of crisis in their lives by establishing relationships, helping them navigate justice system processes, and connecting them with culturally relevant programming in their community. Almost all clients surveyed as part of the evaluation were satisfied with the information provided to them by Courtworkers.

Consistent with findings of previous evaluations, Courtworkers continue to play an important role in efforts to increase the use of non-custodial options and rehabilitative programming amongst judicial and court officials. Courtworkers provide information about legal and community resources available, information on alternative and restorative justice options available, and information about cultural traditions and social needs pertaining to clients. They also support the client’s family, help detail the historical trauma experienced, and help illustrate how these factors relate to involvement in the court system. Judicial and court officials are satisfied with the information being provided to them by Courtworkers and use the information to inform their decision-making and court processes such as crafting sentences, determining court conditions, developing decisions on release, and making referrals to culturally relevant and alternative/restorative programs. This has contributed to clients receiving fair, equitable, and culturally sensitive treatment before the Court and an increase in relevant Indigenous cultural values being reflected in the Canadian justice administration.

However, while there is general agreement on the positive impact of Courtworkers within the justice system, the evaluation identified some factors that may limit the impact the ICW Program can have on Indigenous peoples’ experience in the court and in accessing culturally relevant services. These include:

Program Design and Delivery

Demand for ICW services has increased over the last five years, and the role of the Courtworker has continued to expand and evolve. While the number of ICW Program clients served has been stable, the number of services per client has increased since the last evaluation. This increase is due to several factors, including an expanded role to meet the urgent needs of Indigenous communities dealing with the pandemic, an increase in services to Indigenous persons involved in family and/or child protection justice systems, and greater involvement in advocacy for restorative programs and more holistic supports. Key challenges that have had an impact on program service delivery include the insufficient number and high turnover of Courtworkers, a lack of ongoing and enhanced Courtworker training, and insufficient mental health and peer to peer supports for Courtworkers.

The COVID-19 pandemic resulted in reduced access to program services. New barriers to access were created as services moved to a virtual delivery model and clients and Courtworkers faced technological barriers particularly in northern, rural, and remote communities. Virtual services also made it difficult to establish relationships with Indigenous clients. To respond to the urgent needs of communities, Courtworkers provided increased services, such as conducting wellness checks and providing meal kits, which in turn increased the workloads of Courtworkers.

GBA+ was considered in the planning and delivery of the ICW Program. Due to their unique needs, some groups of Indigenous clients require additional types of support from Courtworkers. They tailor services for diverse groups in order to help them obtain equitable treatment in the justice system. The groups most commonly identified across all lines of evidence as needing additional support from Courtworkers include those experiencing homelessness, women, youth, and 2SLGBTQI+.

Efficiency

Courtworker activities can prevent clients from avoidable arrests and unnecessary time in custody. The cost savings to the justice system from these activities are estimated to be about $73 million per year. The two main ways in which Courtworkers can prevent clients from unnecessary arrests, and subsequent costs to the justice system are through helping ensure clients appear in court, and helping ensure that they do not break conditions of their parole. This in turn helps prevent subsequent administration of justice type offences (i.e. breach of conditions) and further arrest warrants being issued. It should be cautioned that there are limitations to the analysis of estimated justice system cost savings, as the analysis relies heavily on Courtworker recollections and opinions about the number and nature of interactions with clients

5.2 Recommendations

Based on the findings described in this report, the following recommendations are made:

Recommendation #1: The Policy Implementation Directorate, in collaboration with the Tripartite Working Group, should examine ways to improve access and availability of training for Courtworkers.

The evaluation found that there is a need for ongoing and enhanced Courtworker training. This will help address issues related to high turnover, variable skills and abilities and the advent of more complex client needs. This training could leverage ongoing efforts by provincial and territorial governments and Justice Canada to further strengthen and support the role of Courtworkers as professionals within the Canadian justice system. The training could take various forms such as a virtual or in-person training program, a peer-to-peer mentorship network of Courtworkers, or training delivered at annual in-person Courtworker gatherings. Training topics could include core competencies as well as upgrading on new areas such as how to work with diverse groups of clients (e.g., individuals with mental health and substance use issues, and underrepresented groups such as individuals experiencing homelessness, women, youth and 2SLGBTQI+), virtual delivery of Courtwork services, changes to reporting, and changes to laws such as the Criminal Code.

Recommendation #2: The Policy Implementation Directorate, in collaboration with the provinces, territories and service delivery agencies, should identify ways to increase judicial and court official awareness of the role of Courtworkers and the value of the services they provide.

The evaluation identified a need to continue informing and increasing judicial and court officials’ knowledge regarding the services provided by the ICW Program and the value in accessing those services. More specifically, a need was identified with respect to increasing Indigenous cultural understanding, the significance of clients’ circumstances of that of their communities into consideration in decisions, and the value community-based programming.

Recommendation #3: The Policy Implementation Directorate, in collaboration with the Tripartite Working Group, should explore ways to increase the wellness and mental health supports available to Courtworkers.

The COVID-19 pandemic and other changes in ICW Program delivery have resulted in increased workload and demands on Courtworkers. The changes are largely due to the increased complexity of client needs, an increase in services to Indigenous persons involved in family and/or child protection justice systems and greater involvement in addressing the holistic needs of clients (e.g., emotional support, food, and clothing). Courtworkers also have increased responsibilities in the areas of advocacy for restorative justice programs and increased involvement in specialized courts. This has contributed to burnout and turnover among Courtworkers. Some options to be considered to address these issues include Courtworker wellness and mental health supports and facilitating peer-to-peer support and sharing of best practices in addressing the mental health needs of Courtworkers.