Aboriginal Courtwork Program, Summative Evaluation

Table 2: Overview of the Aboriginal Courtwork (ACW) Program

History

Due to increasing numbers of Aboriginal people appearing before criminal courts, Native Friendship Centres in different parts of Canada began to become involved in providing assistance to the accused, starting in the early 1960’s. In the late 1960’s, the Federal Government recognized the value of this assistance and began to provide financial support to the Native Friendship Centres in 1969. In 1972, the Department of Justice undertook a number of pilot projects supporting guidance and information to Aboriginal people involved in the criminal justice system. In 1978, the pilot projects were expanded and became the Native Courtwork Program (now known as the Aboriginal Courtwork Program). In 1987, the mandate of the Program was revised to include services to Aboriginal youth, following the adoption of the Young Offenders Act.

Purpose and Objectives

The purpose of the ACW Program is to help Aboriginal people who are in conflict with the criminal justice system to obtain fair, just, equitable, and culturally sensitive treatment. The objectives of the Program are to:

• Assist Aboriginal people to understand their right to speak on their own behalf or to request legal counsel, and to better understand the nature of the charges against them and the philosophy and functioning of the criminal justice system;
• Assist in enhancing the awareness and appreciation of the values, customs, languages and socio-economic conditions of Aboriginal people on the part of those involved in the administration of the criminal justice system; and
• Respond to problems and special needs caused by communication barriers which exist between Aboriginal people and those who are involved in the administration of the criminal justice system.

Delivery of the Program

The Department of Justice administers the ACW Program from a national perspective by entering into contribution agreements with the participating provinces and territories.

The Provincial/Territorial Ministries are responsible for establishing the overall framework for the ACW Program within their jurisdiction. This includes ensuring that sufficient financial assistance is available; entering into contractual arrangements with SDAs to provide ACW services on their behalf (where appropriate); overseeing delivery of services; and participating in the Tripartite Working Group (TWG) as required.

Over 200 Aboriginal courtworkers employed by 20 different SDAs across Canada deliver services.

On a policy level, the ACW is guided by a Tripartite Working Group consisting of two federal representatives, one provincial/territorial official and one SDA Director from each jurisdiction. The TWG has a mandate to serve as a forum for addressing a range of policy and program issues related to the ACW Program.

Delivery Models

There are six different delivery models operating across the country, varying in terms of the number of SDAs operating in the region and the type of employer.

• Government Only (Manitoba): Under this model, courtworkers are government employees;
• Legal Services Boards (LSB) (NT, Nunavut): The LSB oversees the operations of the ACW Program as part of its mandate with respect to Legal Aid. The courtworkers are government employees and their program is managed by Legal Aid and the LSB;
• Single SDA Model (B.C., Labrador, Quebec, and Nova Scotia): The courtworkers are employees of a single not-for-profit Aboriginal SDA that delivers the Program for the entire jurisdiction;
• Multiple SDA Model (Alberta, Yukon): Courtworkers are employees of several SDAs, which deliver the Program in each jurisdiction;
• Multiple SDAs (Saskatchewan): Courtworkers are employees of 15 SDAs, whose work is coordinated by an advisory board, lead organization created by the provincial government; and
• Hybrid (Ontario): Courtworkers are employees of individual SDAs. Outside Toronto, a lead organization coordinates the work of 37 courtworkers. In Toronto, one SDA delivers the services.

Services

As "Friends of the Court" , the Aboriginal courtworkers provide a broad range of services to support the Program objectives including in-court information, non-legal advice, and community referrals to Aboriginal persons in conflict with the law.

Target Groups

The ACW works with:

• Aboriginal accused and, in the territories where courtworkers are active in both civil and criminal matters, Aboriginal people involved in civil matters. The Program is offered to all Aboriginal people regardless of age, status or residency throughout Canada;
• Justice officials including court officials (Legal Aid, defense counsel, Crown counsel, clerks/judicial assistants), judiciary (judges and Justices of the Peace), law enforcement, parole/probation officers, and agencies responsible for transport and/or custody of Aboriginal accused);
• Other stakeholders including the Aboriginal community, Aboriginal agencies and community justice initiatives, and referral agencies as well as families of Aboriginal accused, co-accused, Aboriginal victims, and Aboriginal witnesses.
• The Program served nearly 70,000 adults and youth clients with charges around one incident in the last year for which data has been reported by the participating jurisdictions.

Budget

The Program is cost-shared by the federal government with provincial/territorial governments through contribution agreements. From 1993 to 2002, federal government funding for the ACW Program was fixed at $4.5 million annually. In the December 2001 budget, an ongoing funding increase of $1 million was approved which brought the total federal funding provided to the Program to $5.5 million per annum, beginning with the 2002-03 fiscal year.