Department of Justice Component of Canada’s Action Plan Against Racism

EXECUTIVE SUMMARY

1. Program Description

The federal government established Canada’s Action Plan Against Racism (CAPAR) in 2005, the first-ever horizontal, coordinated approach across four federal government departments (Canadian Heritage[1], Citizenship and Immigration Canada, Human Resources and Skills Development Canada and Justice Canada) to combat racism. Its long-term goal is to contribute to the elimination of racism and strengthen social cohesion through specific anti-racism measures. As one of the federal partners in implementing CAPAR, the Department of Justice was mandated to concentrate its efforts on specific activities that are relevant to sustaining the principle of equality before the law such as:

Addressing race-based issues in the justice system
developing and supporting projects, and conducting research and consultations to assess the problem of overrepresentation of certain groups in the justice system.
Interventions for victims and perpetrators of hate crimes
exploring initiatives that respond to the special needs of victims of hate crimes and interventions that reduce recidivism in those who commit such crimes by conducting consultations and research.
Countering Internet-based hate crime
investigating the problem of borderless communication of hate propaganda through the Internet.

As part of CAPAR, the Department of Justice received a total of $6.7 million over five years (2005-2006 to 2009-2010) to pursue the above activities.

2. Purpose of the Evaluation

The purpose of the evaluation was to examine the Justice component of CAPAR. A formative evaluation, completed in 2007, focused on early results, progress and success of implementation as well as a review of the program performance and evaluation strategies. This evaluation builds on the formative evaluation by addressing the ongoing relevance and performance of the Justice component of CAPAR.[2]

3. Methodology

The methodology used to evaluate the Justice component of the Action Plan included a review of relevant documents, a file review of all grants and contributions (G&C) funding projects under CAPAR (those funded and unfunded), as well as key informant interviews with departmental officials and other stakeholders (project funding recipients).

4. Findings

4.1. Program Design and implementation

Three priority work areas:
The Department’s mandate under CAPAR is one strategy with three main areas of focus: race-based issues in the justice system, interventions for victims and perpetrators of hate crimes, and exploring what role the Department of Justice may have in combating Internet-based hate crime. At the time of the formative evaluation in 2008, work had initially been concentrated in certain areas (i.e. Internet hate tip line and victims of hate crime). However, priorities and activities under CAPAR have shifted. In recent years, the activities have focused on race-based issues in the justice system (i.e. the overrepresentation of Aboriginals in the justice system) and work relevant to combating hate crime.
G&C component:
The Department provides G&C funding for anti-racism activities and projects through the Justice Partnership and Innovation Program (JPIP). Although funding criteria are very broad, there were lapsed funds in each fiscal year. The previous evaluation noted this limited take-up (only six projects had been funded). Despite efforts to actively communicate and promote the G&C funding available, public awareness of the Department’s mandate for anti-racism activities was still low. Beginning in the 2007-2008 fiscal year until the time of this evaluation, there have been 20 applications for funding, with a little less than half (9) which were approved and received funding. Take-up continues to be limited resulting in lapses in G&C funding. Efforts have been made to actively communicate (and seek proposals) as well as promote the G&C funding available. Continued lack of public awareness of the Department’s mandate for anti-racism activities along with administrative delays are likely contributing factors.
Steering Committee:
The CAPAR Steering Committee was established by the Departmental Coordinator. The Committee, which consists of representatives from various areas within the Department all of whom have an interest or involvement in race-based issues or CAPAR directly, meets on a quarterly basis. Steering Committee meetings are a good opportunity to review proposals and submissions for funding and constitute an effective mechanism for information sharing.

4.2. Design and Delivery

Evaluation findings indicate that the Justice component of CAPAR has been effectively managed, coordinated and administered. However, the challenge of delays in the approval process was an issue which has since been addressed. According to the 2007 formative evaluation, there had been challenges to the implementation of CAPAR, including lack of administrative support, delays in approval for project funding proposals and difficulties in undertaking all planned activities, for example combating hate on the Internet.

The issue of administrative support has been overcome and addressed to some extent, with greater clarity concerning the approval process for G&C funding and a Program Analyst overseeing the proposals and fund. Delays in the approval process have continued to be a challenge. At the time of writing this evaluation, discussions amongst senior officials of the Department had already taken place to improve the approval process for future project funding proposals. Finally, even though the work that began on hate on the Internet has not been completed, a great deal of preparatory work has been accomplished and there is optimism that this will be completed in the future.

Activities undertaken

Some new work relevant to the Justice component of CAPAR has occurred since the formative evaluation in 2008. The Research and Statistics Division of the Department of Justice received funds up until 2009 and was able to produce informative and useful research papers on race-based issues in the justice system and hate crimes. G&C funding has contributed to the development of projects outside the Department, and the Collaborative Working Group responding to violence in Aboriginal communities, chaired by the CAPAR Coordinator, has held four forums, mainly dealing with the issue of overrepresentation of Aboriginals in the criminal justice system both as victims and offenders. There has also been complementary work taking place in the Department within the Public Policy Section and Criminal Law Policy Section.

4.3. Program Relevance

There was common consensus among all departmental stakeholders interviewed that the Justice component of CAPAR is consistent with departmental and government-wide objectives and priorities. Almost all interviewees stated that CAPAR embodies the Department’s mandate and mission of ensuring that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice. Race-based issues in the justice system are very relevant and addressing these issues is a priority of the Department.

Evidence-based research and statistics demonstrate that racism and discrimination do exist in Canada and the work being done by the Department and partner departments as well as community and NGO organizations demonstrate that there is a clear and continued need for initiatives to counter racism and discrimination in Canada. All interviewees agreed that there continues to be a role for the Department to play in addressing these issues. The federal government has a specific mandate to counter racism in Canada, and it was felt by most interview respondents that CAPAR continues to be consistent with these federal roles and responsibilities.

4.4. Performance (effectiveness) – immediate outcomes, intermediate outcomes and long-term outcomes

The Department continues to make progress, and has achieved many of its short and medium-term outcomes through research, project funding and forum activities. However, some initiatives under the Plan (i.e. on-line hate) were unable to move forward although there is a strong desire to continue this work in the future. In terms of the long-term outcomes, it would appear that there was some progress made; however, the common consensus has been that there is no real way of measuring the two long-term goals identified in the government-wide mandate, and that perhaps these particular outcomes were too idealistic when initially developed. Despite this, the completed and ongoing work of those who received project funding from the Department is contributing to some of the long-term outcomes.

4.5. Performance (efficiency and economy)

Evaluation findings indicate that some of the Justice–led activities under CAPAR have been effective and efficient ways to address race-based issues in the justice system, in particular research projects and the Aboriginal justice forums. Additionally, several funded projects that are currently under way speak to the benefit of having funding available to assist organizations in their work on anti-racism and hate crime initiatives.

Given that Justice has such a large mandate and that CAPAR is a rather small initiative and fund, most of those interviewed indicated that the activities funded and implemented have been effective and adequate given the resources and money allocated for the purposes.

Most departmental representatives agreed that although the Justice component of CAPAR is a unique program in that it addresses issues not otherwise being addressed by any other program within the Department, there might be some duplication with the Aboriginal Justice Strategy. However, it was noted that the two programs work collaboratively and this has been beneficial in that it has allowed for partnering and collaboration. This was most noteworthy in the planning and delivery of the four forums on Aboriginal justice issues.

There is also some complementary work being done in other areas of the Department, such as the Criminal Law Policy Section and the Public Law Policy Section, in relation to hate crimes and terrorism related issues, which complement and strengthen the work of CAPAR.

All departmental interviewees felt that the Justice-led activities under CAPAR have been an efficient use of resources resulting in good value for money. However, there are some areas where developmental work occurred but did not progress or was not completed. Overall though, most felt a great deal had been done and accomplished with the resources provided.