Aboriginal Courtwork Program, Summative Evaluation
3. FINDINGS
- 3.1. Relevance of the ACW Program
- 3.2. Services provided by courtworkers
- 3.3. Achievement of Program objectives
- 3.4. Impact on Aboriginal accused
- 3.5. Impact on the formal justice system
3. FINDINGS
This chapter presents the findings of the evaluation regarding the relevance of the ACW Program, the services provided by Aboriginal courtworkers, the achievement of Program objectives, the impact on Aboriginal accused and the justice system, communities and other justice initiatives, the level of tripartite collaboration, factors affecting program success, and the opportunities for improvement.
3.1. Relevance of the ACW Program
3.1.1. Need for the Program
All stakeholder groups recognize a major need for the ACW Program.
When key stakeholders were asked to rate the need for the Program on a scale of 1 to 5, where 1 is no need at all and 5 is a major need, the average rating ranged from 4.6 among justice officials to 4.9 among representatives of community justice initiatives and other community stakeholders, courtworkers, representatives from SDAs, and provincial/territorial partners.
How much of a need is there for the ACW Program?
[ Description ]
On a scale of 1 to 5, where 1 is no need and 5 is a major need
Key factors that contribute to the need for the Program include:
- Over-representation of Aboriginal people in the criminal justice system
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The estimated incarceration rate for Aboriginal people in Canada is 1,024 per 100,000 adults as compared to 117 per 100,000 adults for non-Aboriginal persons[2] . A one-day snapshot of the justice system carried out in 2004 established that the incarceration rate of Aboriginal youth was 64.5 per 10,000 population while the incarceration rate for non-Aboriginal youth was 8.2 per 10,000 population.[3]
- A history of inequitable treatment of Aboriginal people by the justice system
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A recent study for the Department of Justice noted that Aboriginal peoples experience systemic discrimination every time they come into contact with the justice system. Systemic discrimination is the norm and affects offenders and victims indiscriminately.[4] In the Gladue decision, the Supreme Court noted,
“Not surprisingly, the excessive imprisonment of Aboriginal people is only the tip of the iceberg insofar as the estrangement of the Aboriginal peoples from the Canadian criminal justice system is concerned. As this Court recently noted (…), there is widespread bias against Aboriginal people within Canada, and there is evidence that this widespread racism has translated into systemic discrimination in the criminal justice system.”
[5] - The high incidence of socio-economic and cultural issues that can constrain the ability of Aboriginal persons to gain access to justice
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such as language barriers, low education levels, substance abuse issues, health issues including mental health issues, and high rates of poverty. For example, characteristics of those in custody typically include: low educational attainment, being unemployed, having low income, being a member of a lone-parent family, living in crowded conditions, and having high residential mobility, factors which are more common among the Aboriginal population.[6]
- More limited access to legal and other services, particularly in rural and northern communities
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A recent paper, “Aboriginal Courtwork Program Literature Review” noted that:
- (1) geographic isolation often prevents a full range of services, including Legal Aid lawyers and paralegals, from residing in the communities;
- (2) Aboriginal individuals are unlikely to be able to afford the alternative of legal representation from the private bar (even if it were available); and
- (3) people living in Aboriginal communities, especially isolated ones, are less likely to be aware of their legal rights and potentially available services than people living in the cities.[7]
- Increasing demand for services
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Delivery partners and courtworkers reported increasing demand for services which is resulting in heavier workloads. A secondary indicator of the continuing demand is that, while the number of admissions to sentenced custody decreased for Aboriginal and non-Aboriginal adults between 1994/95 and 2003/04, the rate of decline was much less substantial for Aboriginal people among sentenced custody admissions over the same time period.[8]
The Program is specifically designed to bridge the gap that has traditionally existed between Aboriginal people and the justice system. Enabling Aboriginal accused to receive fair, equitable and culturally sensitive treatment before the courts requires that they understand the justice system including their rights, obligations, charges and sentencing, have access to available resources and programs, and are able to communicate with justice officials who are aware of cultural issues, traditions, circumstances and relevant court decisions.
3.1.2. Consistency with the Objectives and Priorities of the Federal Government
The ACW Program continues to be consistent with the objectives and priorities of the Federal Government.
As highlighted in the Department of Justice’s Report on Plans and Priorities 2006-07, when Aboriginal people come into contact with the justice system as victims or accused, their needs – related to culture, economic positions and social circumstances – must be taken into account to make the system fairer, relevant and more effective for them. The ACW Program directly contributes to the departmental priority of increasing access to justice and to broader government priorities outlined in the Throne Speech, including the commitment to improve the lives of Canada’s Aboriginal people, to tackle crime and strengthen the security of Canadians, and to pursue a Safer Communities strategy.
3.2. Services provided by courtworkers
3.2.1. Services provided to Aboriginal accused, justice officials and the community
The primary focus of Aboriginal courtworkers is the provision of services to assist Aboriginal accused and justice officials.
However, as outlined below, courtworkers also provide services to the broader community.
| Groups Served | Key Services Include |
|---|---|
| Aboriginal Accused |
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| Justice Officials |
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| Community |
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3.2.2. Differences in services delivered across regions
In our field visits, numerous differences were noted in how the ACW Program is delivered across jurisdictions and even within jurisdictions.
One of the strengths of the ACW Program is its ability to be tailored to meet regional priorities, the needs of the communities in which it operates, and the capabilities of the individual courtworkers. Examples of some of the differences that were noted across the jurisdictions and communities that were visited include:
- Delivery of services related to family and civil law;
- The level of interaction that the courtworker has with defense counsel, Crown counsel, and judges;
- The process through which clients are commonly identified;
- The extent to which individual courtworkers focus on adults versus youth;
- The involvement of courtworkers in preparing Gladue reports and pre-sentencing reports;
- The amount of time that courtworkers spend with individual clients as well as the opportunities available to follow up with them later;
- Whether the courtworkers visit clients in remand or in their homes;
- The availability of appropriate alternative measures and other programming for clients;
- The ability of courtworkers to provide (and the importance of their ability to provide) services in other languages;
- The role of courtworkers in providing or arranging for transportation;
- The level of interaction with victims or family members;
- The process through which courtworkers provide referrals for legal representation;
- The means used to create awareness of the Program and the services of courtworkers; and
- The level of interaction that is possible among courtworkers on a regular basis.
3.2.3. Factors contributing to regional differences
Key factors that contribute to differences in the nature of the services provided include regional differences such as geography, the types of courts served, and the availability of local programs.
Other factors that contribute to differences include the availability of resources, needs of the clients, and skills and capabilities of the courtworkers. More specifically, some of the key factors include:
- Whether the Program is delivered in a rural or urban community;
- Geographic issues including ease of access to the community and access to transportation;
- The level of resources available including the number of courtworkers relative to the workload and travel budgets;
- The skills, abilities, visibility and experience of courtworkers and their familiarity with or connection to the community;
- When the docket is available;
- The availability of other programs, services, and institutions in the community and the relationship between those services and the ACW Program;
- The needs and characteristics of the clients served;
- The types of courts served (e.g., circuit court);
- Access to supporting infrastructure including office space at the courthouse; and
- The expectations, attitudes and perceptions of the justice officials.
3.3. Achievement of Program objectives
3.3.1. Perceived objectives of the Program
According to stakeholders, the primary objectives of the ACW Program are to assist Aboriginal people to understand the justice process and obtain fair and equitable treatment, to improve the justice system’s awareness and appreciation of Aboriginal culture, customs, language, socio-economic conditions and spirituality, and to help link Aboriginal people (particularly Aboriginal accused) with local resources and services. In addition to these objectives, justice officials perceived the objectives of the Program and, more specifically that of the courtworkers, as being to appear for clients in court when necessary, to serve as an advocate for the Aboriginal accused, to provide essential information about the circumstances of the accused, and to facilitate and speed up the court process.
3.3.2. Success in achieving objectives
The ACW Program is broadly viewed as being successful in achieving the perceived objectives
When asked to rate how successful the ACW Program has been in achieving the perceived objectives on a scale of 1 to 5, where 1 is not at all successful and 5 is very successful, the average rating ranged from 3.9 among justice officials and other stakeholders to 4.5 among Aboriginal courtworkers.
How successful has the Program been in achieving these objectives?
[ Description ]
Where 1 is not at all and 5 is very successful
The ACW Program is very successful in:
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Ensuring that Aboriginal accused are represented in court (e.g., by providing referrals, ensuring Legal Aid applications are filled out, assisting them personally in court, and appearing on behalf of clients who cannot come to court that day). In some areas, the courtworkers have the resources (and appropriate documentation) to handle the entire Legal Aid application, which simplifies and shortens the procedure.
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Ensuring Aboriginal accused understand the nature of the charges against them and the court procedures. The court process can be quite stressful and confusing for clients and many times the courtworker will calm down the accused and explain the court procedures and protocols (e.g., removing one’s hat in court, addressing the judge only when asked, and knowing when their case will be heard). The accused may face many barriers in understanding, particularly where there are language and literacy barriers.
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Enabling Aboriginal accused to feel more at ease in a highly stressful situation. Key to the success of courtworkers is their ability to provide one-on-one service in a non-threatening manner. One area where courtworker support is often most valuable is in visiting clients in cells. While being held in remand, clients commonly experience frustration over the speed at which they are dealt with, fear, confusion over the charges against them, and a desire to know the possible consequences of the charges: they are often greatly comforted by a visit from a courtworker. These visits are times in which the courtworker may ease stress, let the client know that family members know where they are (in some cases, the courtworker will contact the client’s family for them), explain the charges, and listen to any concerns about their treatment by officers.
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Connecting the accused to appropriate services in the community including but not limited to legal services, treatment facilities, educational opportunities, employment resources as well as providing suggestions and information with regards to diversion programs and community resources. Of the clients who participated in the recent survey, 62% were referred to Legal Aid, 19% were referred to community/restorative justice, 8% were referred to drug treatment court, 8% were referred to Gladue court/reports, and 25% were referred to other programs such as mental health, housing, Elders, defensive driving, Aboriginal resource centers, medical treatment, anger management, shelters, and daycare services.
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Both educating the Aboriginal community about the criminal justice system and justice officials about the Aboriginal community.
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Helping to establish effective communication between Aboriginal accused and justice officials. Courtworkers often mediate this relationship, particularly during times of frustration and misunderstanding, by keeping the lines of communication open. In fact, courtworkers’ unique position allows them to facilitate understanding within a context of trust. While they may provide the accused with the same information as justice officials, it is this context of trust which enhances understanding.
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Instilling a more trusting relationship between Aboriginal people and the criminal justice system.
The Program is considered less successful with respect to:
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Attracting, training and particularly retaining Aboriginal courtworkers. The critical role of the courtworker in the process means that attrition can have a significant impact on the effectiveness of the Program.
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Being able to fully meet the demand for services. Particular gaps are noted in the provision of services to rural areas as well as in having the mandate and capabilities to provide certain services or to be able to follow up with clients (areas where respondents felt the Program should expand to included: provision of legal advice, assistance in cases related to domestic violence and family court, and translation services). Access to services in rural areas is affected by geographic considerations, the number of courtworkers available, and travel budgets.
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Being able to provide referrals to alternative measures. Access to diversion programs and other alternative measures tends to be much more restricted in certain areas, particularly in more remote communities. Goose Bay, Labrador, is an example of a place with little resources for courtworkers to utilize when serving clients. According to courtworkers there, the lack of appropriate programs has even meant that some clients will opt to do jail time (in a federal institution) to receive all of the services available at jail (e.g., counseling, drug treatment, work programs). In contrast, some urban centers such as Toronto benefit from access to a wide variety of services with supports even specialized to certain populations (e.g., prostitution, drug addicted offenders, youth).
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Creating awareness of the ACW Program. The profile of the Program is low in some communities, which can have an impact on effectiveness. Justice officials are not always aware of the Program, or the services provided by courtworkers. This lack of awareness has a negative impact because officials can also be an important source of client referrals. Awareness of the Program within Aboriginal communities can also be low; in response to this, courtworkers try to host forums and give presentations to both Aboriginal communities and justice officials, when time permits.
3.4. Impact on Aboriginal accused
3.4.1. Intended outcomes with respect to Aboriginal accused
A primary function of the ACWs is to provide support and information to Aboriginal accused. It is intended that this support will increase awareness of rights, obligations and resources available to the accused and, in association with information provided to the justice system, will increase communication within court proceedings between the accused and court personnel. In turn, this increased awareness and communication will enable Aboriginal accused to make better informed decisions regarding their case and about pursuing alternatives.
3.4.2. Support and information provided to Aboriginal accused
The ACW Program has made significant progress in providing support and information to Aboriginal accused which has enabled Aboriginal accused to make better informed decisions regarding their case and about pursuing alternatives to sentencing.
More specifically, the Program:
- Serves a large client base
According to the latest available data, the Program served nearly 70,000 clients with charges around one incident in 2005-06. Of the clients served, 71% were male and 29% were female. The most common charges were offenses related to the administration of justice (e.g., breaches, failure to appear), other criminal code offences (e.g., impaired driving), and major or common assault.
- Provides much needed comfort and support
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to the accused at various stages during the process.
- Satisfies the information needs of the Aboriginal accused
According to the results of the recent survey of Aboriginal accused, 90% of clients are satisfied (including 52% who are satisfied and 38% who are very satisfied) with the information that they received from the courtworkers while only 6% of the clients are dissatisfied (including 4% who are dissatisfied and 2% who are very dissatisfied). Similarly, 90% of the clients would recommend courtworker services to someone who is in a similar position compared to 6% of the clients who would not.
How satisfied were clients with the services provided by the courtworker?
*Source: Client Survey, 2007 Department of Justice
[ Description ]
Increases awareness of their rights, obligations and resources which enables Aboriginal accused to make better informed decisions regarding their cases before the courts and about pursuing alternatives to sentencing. In particular, the courtworkers help the accused make better informed decisions regarding their cases by:
- providing timely information about their rights, obligations, roles and responsibilities;
- informing them about the court process and proceedings as well as the options and resources open to them;
- ensuring that they understand the reasons for their arrest, the charges, legal terminology, and the bail process;
- assisting them in obtaining legal representation;
- identifying possible outcomes and consequences including the implications of different pleas;
- discussing the meaning and implication of specific measures such as bail, detention, conditional release or probation;
- working to overcome language barriers; and
- providing other information, support and guidance as needed.
Courtworkers do not provide legal advice per se; however, they do provide detailed information about the choices before the client and facilitate access to legal representation. As indicated in the following chart, after talking to the courtworkers, Aboriginal clients reported a better understanding of the court processes, their charges, alternative justice programs in their community, the meaning of plea options, how to get a lawyer and/or apply for Legal Aid, and how to access resources available in the community.
Percent of clients who were knowledgable before and after speaking with a courtworker about:
*Source: Client Survey, 2007 Department of Justice
[ Description ]
Examples of impacts on the accused observed during our field visits and confirmed by stakeholders included: more informed pleas (e.g., fewer clients pleading guilty), reductions in the failure of Aboriginal accused to appear, and reduced likelihood of breaches of the conditions for release and probation. Offences related to the administration of justice such as failure to appear and breaches are the single most common charge of clients served under the Program – reducing the number of breaches is directly reflected in a reduction in the number of cases coming before the court. Courtworkers may provide reminders, and even facilitate transportation to encourage them to appear. Courtworkers may also attend court for clients who cannot appear to explain why the accused is not present (this helps to avoid charges related to the failure to appear). In some cases, the courtworker may even appear in court on behalf of the client to enter his plea and obtain information surrounding the judge’s decision.
Another important outcome of the information provided by courtworkers is an increase in the likelihood that Aboriginal accused understand the nature of the charges against them. This is vital given the language barriers, high rates of illiteracy in some communities, and the confusion that commonly exists at the pre-court stage of the process. Clients may not fully comprehend a document/statement they sign and, according to various stakeholders, the courtworkers have reduced the number of clients who agree to crimes they did not commit.
The information provided by courtworkers also enables the accused to make better informed decisions about pursuing alternatives. Courtworkers often aid the accused in making better informed decisions regarding alternative measures by talking to justice officials (particularly Crown counsel) to determine client eligibility for alternative measures, explaining the options to the accused, and facilitating referrals to alternative measures as well as to other resources in the community. In particular, Aboriginal courtworkers play a major role with respect to facilitating the application of Gladue principles, which require sentencing judges to consider all available sanctions other than imprisonment and to pay particular attention to the circumstances of Aboriginal offenders. Gladue-related services vary by region. Currently, the only area where Gladue court exists is in Toronto. Alternative measures vary significantly from region to region but examples of diversion often include drug and alcohol treatment programs (both in-patient and out-patient), anger management courses, courses related to the nature of the offence and programs which utilize principles of Aboriginal culture to address issues such as addiction.
As indicated below, all stakeholder groups rated the ACW Program as having a major impact in enabling Aboriginal accused to make better informed decisions regarding their cases before the courts. The average ratings ranged from 4.0 among justice officials to 4.8 among other stakeholders on a scale of 1 to 5, where 1 is no impact at all, 3 is somewhat of an impact, and 5 is a major impact. The ratings were lower but still high in terms of enabling Aboriginal accused to make better informed decisions about pursuing alternative measures. Stakeholders who provided a lower rating attributed this more to the limited availability of alternative measures in the community than to the services provided by the Aboriginal courtworkers.
How much of an impact has the Program had in helping Aboriginal accused to make better informed decisions:
[ Description ]
3.5. Impact on the formal justice system
3.5.1. Intended outcomes with respect to Aboriginal accused
A core function of the ACW Program is to provide information to the formal justice system (court officials, duty counsel, Legal Aid lawyers, judges, etc.) in order to increase awareness and understanding of the Aboriginal community and issues relating to the Aboriginal accused, increase communication within court proceedings between accused and court personnel, and increase consideration of relevant court decisions and alternative measures.
3.5.2. Satisfaction with the information provided
The justice representatives are generally satisfied with the information provided by the Aboriginal courtworkers and believe that information to be important. The members of the justice system were asked to rate the importance of the information provided by Aboriginal courtworkers as well as their satisfaction with the information provided regarding circumstances of the accused, legal resources, social resources, alternative/restorative justice initiatives, cultural considerations, and other factors relevant to the case on a scale of 1 to 5 where 1 is not at all, 3 is somewhat and 5 is very important or very satisfied. The average ratings are presented below. Overall, the justice representatives who were interviewed found the information provided by the Aboriginal courtworkers to be very important, providing an average rating of 4.1 on a scale of 1 to 5, where 1 is not at all important and 5 is very important. The average rating varied from 4.4 to 3.7.
How important is the information provided ACWs and how satisfied are you with that information?
[ Description ]
Overall, the justice representatives who were interviewed are very satisfied with the information provided by the Aboriginal courtworkers, providing an average rating of 4.3 on a scale of 1 to 5, where 1 is not at all satisfied and 5 is very satisfied. The average rating varied from 4.4 among the 20 judges who were interviewed to 4.2 among the other justice representatives.
Courtworkers provide a wide variety of information to justice officials. One particularly important area is with regards to the circumstances of the accused. For example, they will inform justice officials if the accused is pursuing an education, is employed and the details of the employment (e.g., goes away for two months at a time, is a hunter), any treatment that the clients are undergoing or plan to undertake, and the client’s living arrangements (e.g., reside with a relative or is homeless). This information is significant when sentences are being given because the conditions of release order may have parameters such as not being able to carry/use firearms or having to see a probation officer weekly. If the client hunts for work or goes away for months at a time, those parameters would have a damaging impact on employment and would most likely result in breaches.
The intake process is an important source of information. During this process, courtworkers will often identify circumstances such as a history of residential schools or the recent loss of a loved one. The courtworker then conveys this pertinent information to the appropriate justice official and acts as an intermediary between the client and the justice system. Other important types of information provided by courtworkers include contact information for the client, the personal history of the accused, the current situation of the client, and the supports available in the community.
Ratings provided by justice officials regarding the provision of information related to alternative/restorative justice programs tended to be lower because of limited availability of such programs in some regions and the perception, at least, that justice officials are already aware of the available options. A frequent comment is that considerably more work needs to be done to increase access to alternative measures.
3.5.3. Perceptions of Aboriginal courtworkers held by justice officials
Justice officials viewed courtworkers favourably
When specifically questioned about their perceptions, most justice officials strongly agreed with the statements that Aboriginal courtworkers are respectful and courteous, help to move the process along, and provide valuable services to the court.
As indicated in the following chart, justice officials were less likely to strongly agree that Aboriginal courtworkers were available when needed, which largely relates to the number of courtworkers relative to the workload, their ability to provide services throughout the region given time, travel, and resource issues as well as staff turnover which can result in communities operating without a courtworker.
Do you strongly agree, somewhat agree,somewhat disagree or strongly disagree that:
[ Description ]
3.5.4. Impact on communication within court proceedings
Courtworkers play an important role in enhancing communication within the justice system by facilitating clients’ access to legal representation, assisting both the accused and counsel in preparing for court proceedings, and confirming that the accused understands the process, the charges and potential outcomes as well as, at times, providing translation services.
In the absence of a courtworker, it is not unusual for the accused to say they understand the charges and the court process even when they do not or to plead guilty without understanding the entirety of the charges and the implications of pleading guilty (e.g., a criminal record, unable to travel to the USA).
The simple presence of the courtworkers often improves communication by making clients feel more comfortable and at ease in the court. Through the site visits, several situations were observed where the intervention of the courtworker helped to calm the accused, diffuse anger, and clear up misunderstandings that were developing.
The Program also enhances communication between the accused and court personnel with respect to non-appearances. Often a courtworker will remind the client of court dates and, if the client cannot appear, the courtworker will appear on behalf of the client to avoid a bench warrant being issued, to obtain information regarding the case, and to explain why the accused is not present. In some courts, if a client is not eligible for Legal Aid, the courtworker may appear on behalf of the client, helping to ensure that the court proceedings run smoothly. Courtworkers in some regions may also play a role in facilitating appearances by witnesses by helping to track down witnesses prior to court or providing witnesses with reminders about court dates.
Courtworkers are occasionally asked to provide information on community resources available and sentencing options or to provide background information on the circumstances of the accused which are pertinent to the case (for example in Duncan, BC, a judge requested a courtworker to compile a list of all supports available in the community). Courtworkers are also active in facilitating communication outside of the court room between accused and justice officials such as defense counsel and Crown counsel through participating in meetings, advocating on their behalf, and providing basic interpretation services.
The results of the client survey confirm the important role that courtworkers play in the communication process. Sixty-five percent of the clients felt that courtworkers helped them to speak with lawyers while 48% felt courtworkers helped them to speak with a judge and 53% had courtworkers help in speaking with court personnel. Clients also reported that the Program helped them to understand the information they received from lawyers, judges and other court personnel.
Did courtworkers help clients speak with justice officials and explain the information they received?
* Client Survey, 2007. Department of Justice Canada
[ Description ]
3.5.5. Impact on justice officials
The Program has had an impact in helping justice officials be more aware of cultural traditions, take relevant court decisions into account, and consider alternative measures
(e.g., diversion programs, Elder panels, sentencing circles, and Aboriginal youth justice committees). When asked to rate the significance of the impact, justice officials provided an average rating ranging from 2.6 with respect to considering alternative measures to 3.6 in terms of increasing awareness of cultural traditions. Other groups tended to rate the impact somewhat higher.
How much of an impact has the Program had in:
[ Description ]
More specifically, Aboriginal courtworkers have helped justice officials become more aware of cultural traditions and socio-economic issues facing Aboriginals through providing information to justice officials about clients and culturally relevant programs and resources within the community, making presentations, developing and disseminating materials on aspects of Aboriginal culture or information on what courtworkers do, and in some cases hosting Aboriginal healing circles, information forums and Elder panels. In addition, officials such as Crown counsel and judges cited informal communications (often during travel to or from circuit courts) as an important way through which they have become knowledgeable about communities and their issues. A courtworker and a lawyer or judge may travel together by car for hours to reach the court, and during this time the courtworker may provide valuable insight into Aboriginal culture and customs.
The unique position of courtworkers allows them to act as a bridge between the Aboriginal community and the formal justice system by introducing the system to elements of Aboriginal culture and in turn, introducing Aboriginals to the justice system and protocols. More specifically, by explaining elements of Aboriginal culture and customs to justice officials, the courtworkers provide insight into the complex issues that affect the Aboriginal accused both within society and within the justice system.
Some of those who noted less of an impact indicated that justice officials are already more aware of cultural traditions than they were 10 or 15 years ago and, as a result, the Program has had less of an impact in this area than in earlier years. In areas where the population is predominantly Aboriginal, justice officials are often already quite familiar with the culture and traditions. A few others who provided lower ratings indicated that courtworkers are not themselves necessarily familiar with the cultural traditions of the region and that some justice officials are not very receptive to learning about customs, traditions and issues. For example, in one location, the courtworkers hosted an information session and presentation to justice officials in which they hoped to give them information about what they do. However, only two justice officials attended the session.
Courtworkers play an integral role in ensuring that justice officials consider relevant court decisions and alternative measures. In particular, the courtworkers often facilitate the implementation of the Gladue principles by better enabling judges to consider sanctions other than imprisonment (e.g., by providing information and recommendations regarding programs and alternatives) and to better understand the circumstances of Aboriginal offenders (e.g., by helping prepare pre-sentence reports to ensure that the background of the accused Aboriginal person is properly presented, explaining the mitigating factors which may hve resulted in the offence). Those who provided lower ratings generally noted that either the justice officials already consider relevant court decisions or that further progress needs to be made in encouraging judges to consider sanctions other than imprisonment. A major constraint to the consideration of alternative measures is the lack of programs in some regions such as Goose Bay; remote communities face many barriers in accessing services such as alternative measures: if the programs are not available locally, traveling to programs outside the community may be impossible due to geography and the high cost of travel.
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