Appendix B: Evaluation methodology

The following section describes the evaluation methodology employed.

1. Document, Data and Literature Review

A variety of documents, data, and literature were reviewed as part of the ICW Program evaluation including program data and documents such as the ICW Program’s Performance Information Profile, budget-related documents, performance measurement data, and annual reports; data from ICW gatherings such as survey results and evaluations; COVID-19 research data such as Indigenous Resilience and Adaptability: The National Indigenous Courtwork Program Response to COVID-19 (2021) prepared by the Native Courtworker and Counselling Association of British Columbia and Reciprocal Consulting; background documents and briefings; and research, statistics, and literature on the needs and context with respect to the ICW Program. Approximately 140 documents, data and literature were reviewed between February and August 2022.

2. Key Informant Interviews

Interviews were conducted with 33 key informants between August and October 2022 including 16 provincial and territorial representatives, 13 SDA representatives, and 4 Justice Canada departmental representatives. Interviews were conducted via videoconference in a semi-structured format that followed an interview guide. Key informants were provided with the interview guide in advance and given the option to participate in the interview in the official language of their choice. Table 4 presents the breakdown of key informants by jurisdiction and type.

All quotes presented in the report were reviewed and validated by the individuals who provided them as part of the evaluation.

Table 5: Key Informant Respondents by Jurisdiction and Type
Province/ Territory Provincial/Territorial SDA Justice Canada Total number of Interviewees

Ontario

3

4

-

7

Alberta

1

3

-

4

Saskatchewan

4

 

-

4

Quebec

1

2

-

3

Northwest Territories

1

2

-

3

Yukon

2

-

-

2

Prince Edward Island

1

-

-

1

New Brunswick

1

-

-

1

Nunavut

-

1

-

1

Manitoba

1

-

-

1

British Columbia

1

-

-

1

Nova Scotia

-

1

-

1

National

-

-

4

4

Total

16

13

4

33

3. Surveys of Judicial and Court Officials and Courtworkers

Surveys were conducted with 82 Courtworkers and 94 judicial and court officials between September and November 2022 (Table 6). Contacts for potential survey respondents were provided by provincial and territorial representatives. A separate survey questionnaire was developed for each respondent group and focused on the effectiveness and efficiency of the ICW Program. Respondents were contacted by email in both official languages to complete a voluntary online survey (20-30 minutes to complete). Some contacts were invited directly, while others were asked to forward an open survey link to other individuals involved in the ICW Program to invite them to complete the survey.

Table 6: Description of Survey Respondents
Survey Group Description Number of Surveys Completed

Courtworkers

Representatives included Courtworkers employed by SDAs that deliver ICW Program services. Almost all respondents provided services in Criminal Court (96%) and a majority provided services in Family Court (67%). Other courts served included Traffic Court (29%), Youth Court (29%), Provincial Offences Act Court (21%), Civil Court (14%), and Administration Duties (14%). Respondents most frequently indicated they had been a Courtworker for less than five years (47%), followed by 6-10 years (25%), 11-20 years (14%), and 20+ years (14%).

82

Judicial and Court Officials

Representatives included criminal justice system actors including, Crown counsel (58%), judges (14%), probation officers (13%), defense counsel (10%), and court clerks (3%). A majority of respondents (63%) were somewhat to very familiar with the ICW Program. Respondents indicated they had been involved with the Program by working collaboratively with Courtworkers in providing advice to Indigenous peoples in the court system (31%), had contact with Courtworkers in court settings (27%), referred clients to the ICW Program (16%), and worked with Courtworkers for sentenced clients and clients diverted to alternative measures (11%).

94

Total

176

Table 7 provides a breakdown of survey respondents by jurisdiction and type. Surveys were conducted with individuals covering most provincial and territorial jurisdictions that had an ICW Program at the time of the evaluation.

Table 7: Survey Respondents by Jurisdiction and Type
Province/Territory Courtworkers Judicial and Court Officials Total Number of Respondents % of Respondents

Ontario

24

50

74

42%

Alberta

23

9

32

18%

Saskatchewan

8

11

19

11%

Quebec*

14

-

14

8%

Northwest Territories

3

7

10

6%

Nova Scotia

3

5

8

5%

Nunavut

4

3

7

4%

British Columbia*

-

5

5

3%

Yukon

2

1

3

2%

Manitoba

-

2

2

<1%

Prince Edward Island*

1

-

1

<1%

Unknown

-

1

1

<1%

Total

82

94

176

100%

* Contacts were not provided for Courtworkers in BC, and Judicial and Court Officials in Quebec and PEI at the time of the evaluation.

Prospective survey respondents were followed up by email and telephone to solicit participation and obtain referrals for other individuals who may be better suited to complete the survey. A total of 176 individuals completed the surveys among the 285 invited, resulting in a response rate of 62% (Table 8).

Table 8: Survey Response Rate
Target Group Invited Completed Response Rate

 Courtworkers

184*

82

45%

 Judicial and Court Officials

101*

94

93%

 Total

285

176

62%

* Does not include the number of individuals who forwarded the survey.

4. Survey of ICW Program Clients

Surveys were conducted with 482 ICW clients between August and December 2022. The survey of ICW Program clients was administered by SDAs implementing the ICW Program across Canada. Justice Canada Evaluation Branch staff delivered training sessions to those administering the survey in August and September 2022. Each SDA was then provided with a web link to the survey as well as a Word document in case internet connectivity was an issue. The survey web link remained open from August and October 2022 in most jurisdictions. However, survey administration continued into November and December 2022 for some jurisdictions.

A total of 525 surveys were distributed and 482 surveys were completed, resulting in a completion rate of 92%. The survey was administered primarily by telephone (69%), in court (16%), in remand/jail (3%), and in other locations such as in person/in the community, in the Courtworker office, in a residential home, and in a Friendship Centre.

Among the 482 clients who provided information:

Table 9: Client Survey Respondents by Jurisdiction
Province/Territory Clients % of Respondents

Quebec

155

32%

British Columbia

147

30%

Alberta

124

26%

Ontario

32

7%

Nunavut

20

4%

Northwest Territories

4

1%

Total

482

100%

In terms of their involvement in the justice system, 85% of clients were involved in Criminal Court, while 15% were involved in Family Court matters. The most frequent types of charges they faced included assault (28%), other Criminal Code offences (15%), provincial offences (12%), administration of justice (8%), weapons and explosives (7%), property damage/mischief (7%), and public order offences (7%). For a majority of clients, it was their first time receiving ICW services (61%), while 39% had received ICW services before.

5. Case Studies

Three (3) case studies were conducted, which addressed different themes: 1) economic value of Courtworkers; 2) client impact stories; 3) role of Courtworkers in family justice matters. Data collection for each case study included interviews, a review of survey and key informant interview data, and a review of program documents and files and publicly available information (e.g., websites). Case studies were summarized in individual case study reports. In cases where a case study included a specific quote, we validated the information and obtained consent from the individual who provided the information. Table 10 provides details about the approach employed for each case study.

Table 10: Description of Case Studies

Case Study #1: Economic Value of Courtworkers
Case Study Topic Economic Value of Courtworkers

Description

The purpose of this case study was to estimate the economic value of Courtworkers to the court and justice system in terms of cost savings (e.g., preventing clients from unnecessary arrest or going into custody). The case study also examined how cost savings of Courtworkers differ in urban and rural and remote communities, which have additional travel-related court costs. The case study developed an economic model with assumptions to estimate savings to the justice system, drawing from interview and survey data and existing research on typical costs to courts. In addition to developing a financial estimate, the case study includes contextual examples of how Courtworkers have contributed to cost savings through the relationships they have built with communities, courts, and clients.

Case Study #2: Client Impact Stories
Case Study Topic Client Impact Stories

Description

The purpose of this case study was to examine the impact of Courtworkers on clients in terms of the support they received through the Indigenous Courtwork (ICW) Program, the impact of the Courtworker on decisions made, and other broader impacts (e.g., on client's lives and trust built within the justice system and communities). The overall goal of the case study was to show the human side of Courtworkers and the impact they have on the lives of clients.

Case Study #3: Role of Courtworkers in Family Justice Matters
Case Study Topic Role of Courtworkers in Family Justice Matters

Description

The purpose of this case study was to examine the role of Courtworkers in Family Court, focusing on two jurisdictions that have historically provided these services: Alberta and Ontario. The case study aimed to better understand the role of Courtworkers and how they have evolved, as well as best practices and lessons learned related to providing Courtworker services in Family Court. A secondary objective of the case study was to explore early impacts and implications of the increased ICW Program funding for Family Courtwork services of $6.7 million allocated in 2021, being provided over three years.