Aboriginal Courtwork Program, Formative Evaluation

2. Findings – Implementation and Delivery (cont'd)

2.13. Adequacy of Training Provided to Courtworkers

Evaluations or reviews conducted since 2000 on the Alberta, Saskatchewan, NWT, Yukon and Nunavut courtwork programs all viewed training as critical to the performance of courtworkers, and all recommended more training, both introductory and on specific topics such as changes to the Youth Criminal Justice Act and Gladue reports.  In the three territories, under-representation as a result of lack of training is expected to increase as the role of the Justice of the Peace courts increases.

P/T officials noted that training is offered to existing and new courtworkers on many subjects, including performance measurement, legal training, and Gladue reports.  Some P/Ts noted that new courtworkers use the national training curriculum. The national training curriculum was developed by the TWG. It combines training material from a number of jurisdictions and is being used by some jurisdictions as a resource in their overall Courtworker training program.  Training methods include formal training, mentoring, self-teaching, on-the-job training, and job shadowing.  While a few officials say the training is good or at least adequate, some noted that more funding for training or more training is needed, with one P/T official noting that regional training may be more cost effective than national training and allow courtworkers from smaller SDA to attend. Slightly more than half the SDA noted that the training was adequate; however, two noted that the amount of training was limited.  A number of subjects for future training were identified by P/T officials including the changing roles of the courtworker and new developments in the law. SDA suggested future training in areas such as contemporary trends in law, conflict resolution or mediation, and mental health issues, and also suggested providing training to courtworkers before placing them in their roles, providing longer and more intensive training, providing accreditation, and providing an online interactive training module.

According to DOJ respondents, all courtworkers receive training but the degree and intensity varies.  DOJ program officials indicated that it held two national training exercises, both funded outside of the ACW Program.  The first was held in March 2000 to provide preliminary information on changes in the youth justice system, and the second was held in March 2003 to provide information on the Youth Criminal Justice Act.  Each training session cost over $200,000, which was made available through the Department's Youth Justice Renewal Initiative.  In addition, the TWG has funded training projects (e.g., on Gladue) and seeks opportunities for courtworkers to participate in related training (e.g., Homeless Secretariat initiative to train front-line service providers on Fetal Alcohol Spectrum Disorder).

DOJ program officials noted that training is an eligible expenditure under the contribution agreements, and that the jurisdictions and the SDA can decide what proportion of the total federal allocation to dedicate to training. They acknowledge that competing priorities prevent jurisdictions from spending as much as they feel is required on training activities.

Three-quarters of surveyed courtworkers indicated that they had received some training in the past year, in one or more of the following areas:

Courtworkers were highly satisfied with their training, and asked for more training in similar areas.

Conclusion:  Studies of the ACW program indicate that courtworkers require additional training. Approximately half of the P/T officials and SDA representatives interviewed stated that more training is needed. A number of subjects for future training were identified by P/T officials and SDA including the changing roles of the courtworker and new developments in the law. The national training exercises on youth justice issues were useful and appreciated.  However, there are differing expectations on the intended use and completeness of the national training curriculum.

Given the high cost of a national training event for all courtworkers, other more cost-effective mechanisms may be appropriate, including regional and web-based training.  However, in-person training is important for networking and for reducing the isolation of courtworkers.

2.14. Suggestions to Improve the Program

Many suggestions for improvements have been made in recent evaluations and reviews of the ACW Program. The Saskatchewan evaluation[6] found that 95 percent of courtworkers felt pressure to perform services outside their specific duties, and that most Legal Aid lawyers, Crown prosecutors, courtworkers, and Advisory Board representatives believed courtworkers should be more involved in alternative justice services.

The MLA Review of the Alberta program[7] documented the wide range of in-court and out-of-court services provided by criminal and family courtworkers and recommended that:

[t]he responsibilities and the nature of services appropriate for Aboriginal courtworkers to perform should be clearly defined and articulated at all levels of the program.  Defining and articulating services not appropriately provided by courtworkers, such as providing legal advice or advocacy on behalf of the client may also be useful.[8]

A 2002-03 research study on the North[9] identified several constraints, other than training:

lack of space for interviewing clients when they are on circuit, the part-time nature of some of the positions (in the NWT and Nunavut), and disparities in compensation (among regions in Nunavut).  Respondents from all three jurisdictions felt that under-representation as a result of lack of training will likely increase as the role of Justice of the Peace courts increases.  The practical constraints identified above were also felt to lead to under-representation in the NWT and Nunavut.[10]

In the research project entitled Legal Aid, Courtworker and Public Legal Education and Information Needs in Yukon Territory,[11] defence counsel say they have positive relationships with courtworkers, and vice versa, but most legal professionals wanted more formal coordination between the courtworkers and Yukon Legal Services Society.  It was generally agreed that increased collaboration should focus on courtworker training initiatives.

Some changes have been made since these studies were conducted. Notably, in 2006-07, the Nunavut Legal Services Board established a courtworker coordinator position to centralize and improve management and oversight of Nunavut's ACW Program. 

P/T officials suggested several improvements, including:

DOJ program officials agreed that there is a pressure to expand courtworker services.  They also identified the need for more recognition of the ACW Program and of the courtworkers by others in the court system, and better communication on what services courtworkers can provide. DOJ program officials reiterated the need for strong links with other Aboriginal justice programs.  Finally, they would like to see the ACW Program become more proactive in identifying and examining emerging issues that may affect the courtworker program (e.g., the courtworker's role in preparing Gladue reports).

SDA and CJOs also suggested several improvements to ACW services:

SDA and CJOs called for more courtworkers and for more administrative support for the current courtworker team, salary parity, appropriate professional designation and basics such as office space and telephones. Those in the North urged the Department to recognize the geographical and cultural complexities of the North (e.g., geographical dispersion and need for salaries competitive with those of the territorial government). Two SDA called for the expansion of the ACW program to family court.

The courtworkers surveyed suggested many improvements, including:

Conclusions: This evaluation and other recent evaluations and reviews suggested several possible program improvements.  Although many recommendations are jurisdiction-specific, common themes include more and better training, more resources and the need to address increased demand for courtworker services.

Other suggestions for improving the ACW Program not discussed elsewhere in this report included: