Evaluation of the Legal Aid Program

Appendix C: Data Collection Instruments

Key Informant Interview Guide

Federal-Provincial-Territorial Permanent Working Group Representatives

The Department of Justice Canada (the Department) is conducting an evaluation of the federal Legal Aid Program as part of its reporting requirement to the Treasury Board Secretariat. The evaluation will assess the Program’s relevance and performance (effectiveness, efficiency and economy), and will focus on the federal investment in legal aid through the Legal Aid Program and the Access to Justice Services Agreements (AJAs). The evaluation covers:

PRA Inc. is working with the Department to conduct the evaluation. We are asking various groups of stakeholders, including representatives of the Department and other federal departments, provincial and territorial governments, legal aid plans, justice professionals and clients to participate in the evaluation. The information we gather from the interviews will be summarized in aggregate form. Interview notes will not be shared outside of PRA Inc. and the Department’s Evaluation Division.

Relevance

For Questions 1-3 below, unless otherwise indicated, please consider each Program component in your response: criminal legal aid in the provinces; criminal and civil legal aid in the territories; I&R; PSAT; and COCFP.

1. Since fiscal year 2012-13, what are the trends that you have observed in your province or territory with respect to the demand for and cost of legal aid in the areas that receive federal funding? What factors have influenced demand and cost? (Probes: legislative changes/reforms; client characteristics; legal and non-legal needs of clients; case complexity.)

2. In your opinion, to what extent does federal legal aid funding serve the public interest? Please consider this from the perspective of legal aid clients, the justice system and Canadian values.

3. What is the rationale or basis for the federal role in providing funding for legal aid?

Effectiveness

For Questions 4-6 below, unless otherwise indicated, please consider each Program component in your response: criminal legal aid in the provinces; criminal and civil legal aid in the territories; I&R; PSAT; and COCFP.

4. To what extent has the federal contribution to legal aid contributed to the ability of the provinces and territories to deliver appropriate and responsive legal aid services? To what extent has the federal contribution to legal aid promoted access to justice in the provinces and territories?

5. How has your provincial or territorial legal aid plan responded to federal funding levels since fiscal year 2012-13? In particular, please consider in your response any changes to eligibility criteria, types/levels/methods of service delivery in areas of federal funding, as well as changes to other legal aid areas (i.e. family/civil in the provinces).

6. In your opinion, if federal legal aid funding were withdrawn, what would be the consequences to the ability of your province or territory to provide legal aid in the areas that receive federal funding? How might it affect other areas of legal aid currently funded by your province or territory?

Criminal Legal Aid

7. In your opinion, what are the recent trends (increasing, decreasing, staying the same) for the following in your province or territory:

  1. the proportion of accused persons who are ineligible for criminal legal aid for financial reasons;
  2. the proportion of unrepresented accused; and
  3. the number of Rowbotham orders (provincial/territorial and federal). To what do you attribute any observed trends?

8. What have been the most common impacts of criminal legal aid services for individuals and the justice system? What are the most common consequences to individuals and the justice system of lack of access to criminal legal aid?

Immigration and Refugee Legal Aid

9. (Only jurisdictions that provide I&R legal aid) What has been the effect of the new refugee determination process on the nature of the demand and the delivery of I&R legal aid?

10. (Only jurisdictions that provide I&R legal aid) What challenges has your province or territory experienced in providing I&R legal aid?

11. (Only jurisdictions that provide I&R legal aid) What have been the most common impacts of I&R legal aid services for individuals and the I&R process? What are the most common consequences to individuals and the I&R process of lack of access to I&R legal aid?

12. (All jurisdictions) Should federal I&R legal aid funding be managed differently by the LAP? (If yes) Please explain what changes you think are necessary, and why.

COCFP

13. How are COCFP cases managed (on behalf of Justice Canada) in your province or territory? Please describe any challenges that you are aware of in managing COCFP cases.

14. What have been the most common impacts of COCFP for individuals and the justice system?

PSAT

15. How are PSAT legal aid matters managed in your province or territory? Please describe any challenges that you are aware of in managing PSAT legal aid services. In your response, please consider the characteristics of PSAT cases that make them more or less difficult to manage. (Probes: complexity; national security matters)

16. What have been the most common impacts of PSAT legal aid services for individuals and the justice system?

AJAs (territorial representatives only)

17. What are the unique access-to-justice needs of individuals living in the territories? To what extent do consolidated AJA agreements address the unique access to justice needs and circumstances of Canadians living in the territories? (Probe: how does having all three components in the consolidated agreements [i.e. legal aid, Indigenous courtwork, and Public Legal Education and Information] address northern needs?)

18. What have been the most common impacts of the legal aid component of the AJAs for individuals and the justice system? What are the most common consequences to individuals and the justice system in the territories of lack of access to justice services?

PWG

19. In your opinion, how does the work of the PWG support increasing the capacity of legal aid plans to provide legal aid in the areas receiving federal funds? Please give specific examples of how the PWG has contributed by its:

20. In your opinion, is there sufficient information sharing, policy development and networking opportunities among the federal government, the provinces and territories, and the legal aid plans? How is this facilitated? What problems exist? How can information sharing, policy development and networking be improved?

21. Please describe any evidence of benefits resulting from the existence of the PWG in terms of governance, policy and service delivery. Can you describe any limitations and, if so, what changes would you suggest?

Efficiency and Economy

22. What are the main factors that affect the cost of providing legal aid in the areas that receive federal funding?

23. Can you suggest more efficient ways of achieving the objectives of the Legal Aid Program?

24. What would be the potential effects of lower or higher levels of federal legal aid funding for clients and the justice system?

Thank you for your participation.

Department of Justice Representatives

The Department of Justice Canada (the Department) is conducting an evaluation of the federal Legal Aid Program as part of its reporting requirement to the Treasury Board Secretariat. The evaluation will assess the Program’s relevance and performance (effectiveness, efficiency and economy), and will focus on the federal investment in legal aid through the Legal Aid Program and the Access to Justice Services Agreements (AJAs). The evaluation covers:

PRA Inc. is working with the Department to conduct the evaluation. We are asking various groups of stakeholders, including representatives of the Department and other federal departments, provincial and territorial governments, legal aid plans, justice professionals and clients to participate in the evaluation. The information we gather from the interviews will be summarized in aggregate form. Interview notes will not be shared outside of PRA Inc. and the Department’s Evaluation Division.

Relevance

For Questions 1-6 below, unless otherwise indicated, please consider each Program component in your response: criminal legal aid in the provinces; criminal and civil legal aid in the territories; I&R; PSAT; and COCFP.

Continued need

1. Since fiscal year 2012-13, what are the trends that you have observed in the demand for and cost of legal aid in the areas that receive federal funding? What factors have influenced demand and cost? (Probes: legislative changes/reforms; client characteristics; legal and non-legal needs of clients; case complexity.)

2. To what extent does federal legal aid funding serve the public interest? Please consider this from the perspective of legal aid clients, the justice system and Canadian values.

Federal Role and Alignment with Priorities

3. What is the rationale or basis for the federal role in providing funding for legal aid?

4. To what extent do the Program’s goals and objectives align with federal priorities? To what extent do they align with the departmental strategic outcomes?

Effectiveness

For Questions 7-11 below, unless otherwise indicated, please consider each Program component in your response: criminal legal aid in the provinces; criminal and civil legal aid in the territories; I&R; PSAT; and COCFP.

5. To what extent has the federal contribution to legal aid contributed to the ability of the provinces and territories to deliver appropriate and responsive legal aid services? To what extent has the federal contribution to legal aid promoted access to justice in the provinces and territories?

6. How have the provincial and territorial legal aid plans responded to federal funding levels since fiscal year 2012-13? In particular, please consider in your response any changes to eligibility criteria, types/levels/methods of service delivery in areas of federal funding, as well as changes to other legal aid areas (i.e. family/civil in the provinces).

7. In your opinion, if federal legal aid funding were withdrawn, what would be the consequences to the ability of the provinces and territories to provide legal aid in the areas that receive federal funding? How might it affect other areas of legal aid currently funded by the provinces and territories?

Criminal Legal Aid

8. In your opinion, what are the recent trends (increasing, decreasing, staying the same) for the following:

  1. the proportion of accused persons who are ineligible for criminal legal aid for financial reasons;
  2. the proportion of unrepresented accused; and
  3. the number of Rowbotham orders (provincial/territorial and federal); To what do you attribute any observed trends?

9. What have been the most common impacts of criminal legal aid services for individuals and the justice system? What are the most common consequences of lack of

Immigration and Refugee Legal Aid

10. What has been the effect of the new refugee determination process on the nature of the demand and the delivery of I&R legal aid?

11. What challenges have experienced the jurisdictions that provide I&R legal aid? Why have some jurisdictions opted not to provide I&R legal aid? Please explain.

12. Should federal I&R legal aid funding be managed differently by the Legal Aid Program? (If yes) Please explain what changes you think are necessary, and why.

13. What have been the most common impacts of I&R legal aid services for individuals and the I&R system? What are the most common consequences to individuals and the I&R system of lack of access to I&R legal aid?

COCFP

14. How are COCFP cases managed by the jurisdictions? Please describe any challenges that you are aware of that jurisdictions are having in managing COCFP cases.

15. What have been the most common impacts of COCFP for individuals and the justice system?

PSAT

16. How are PSAT legal aid cases managed by the jurisdictions? Please describe any challenges that you are aware of that jurisdictions are having in managing PSAT legal aid services.

17. What have been the most common impacts of PSAT legal aid services for individuals, the justice system and legal aid plans?

AJAs

18. What are the unique access-to-justice needs of individuals living in the territories? To what extent do consolidated AJA agreements address the unique access to justice needs and circumstances of Canadians living in the territories? (Probe: how does having all three components in the consolidated agreements [i.e. legal aid, Indigenous courtwork, and Public Legal Education and Information] address northern needs?)

19. What have been the most common impacts of the legal aid component of the AJAs for individuals and the justice system? What are the most common consequences to individuals and the justice system in the territories of lack of access to justice services?

PWG

20. In your opinion, how does the work of the PWG support increasing the capacity of legal aid plans to provide legal aid in the areas receiving federal funds? Please give specific examples of how the PWG has contributed by its:

  1. information sharing and collaboration efforts;
  2. research undertaken and distributed; and
  3. policy papers developed and distributed.

21. In your opinion, is there sufficient information sharing, policy development and networking opportunities among the federal government, the provinces and territories, and the legal aid plans? How is this facilitated? What problems exist? How can information sharing, policy development and networking be improved?

22. Please describe any evidence of benefits resulting from the existence of the PWG in terms of governance, policy and service delivery. Can you describe any limitations and, if so, what changes would you suggest?

Efficiency and Economy

23. What are the main factors that affect the cost of providing legal aid in the areas that receive federal funding?

24. Can you suggest more efficient ways of achieving the objectives of the Legal Aid Program?

25. What would be the potential effects of lower or higher levels of federal legal aid funding for clients and the justice system?

Thank you for your participation.

Immigration and Refugee Legal Aid Representatives of Immigration, Refugees and Citizenship Canada

The Department of Justice Canada (the Department) is conducting an evaluation of the federal Legal Aid Program as part of its reporting requirement to the Treasury Board Secretariat. The evaluation will assess the Program’s relevance and performance (effectiveness, efficiency and economy), and will focus on the federal investment in legal aid through the Legal Aid Program and the Access to Justice Services Agreements. In addition to the other Legal Aid Program components, the evaluation will be considering the immigration and refugee (I&R) legal aid funding in six provinces (BC, AB, MB, ON, QC, NL).

PRA Inc. is working with the Department to conduct the evaluation. The information we gather from the interviews will be summarized in aggregate form. Interview notes will not be shared outside of PRA Inc. and the Department’s Evaluation Division.

Relevance

1. How has the I&R process changed over the past five years? To what extent have the types of claims changed in the last five years? (Probe: complexity of claims.)

  1. In your opinion, do these changes have any effect on whether I&R claimants are able to handle their claims without representation?
  2. In your opinion, do these changes have any effect on how legal aid plans have approached the provision of legal aid to I&R claimants? If so, please explain.

2. Based on your experience, what are the common challenges/barriers faced by claimants, which might affect their ability to pursue their claims? To what extent, if at all, do these challenges/barriers make it difficult for them to handle their own claims or, even if they have counsel, to assist with their own claims? (Probes: client characteristics; legal and non-legal needs of clients.) Are there any differences in the challenges or barriers faced by refugees compared to immigrants?

3. In your opinion, to what extent does I&R legal aid funding serve the public interest? Please consider this from the perspective of legal aid clients, the I&R determination system, the justice system (from an access to justice perspective), and Canadian values.

4. In your opinion, what is the rationale or basis for the federal role in providing funding for I&R legal aid?

Effectiveness

5. Over the past five years, has the proportion of unrepresented refugee claimants increased, decreased, or stayed the same? Unrepresented immigrants?

  1. (If applicable) In your opinion, what are the primary reasons for any change? (Probes: cost of legal counsel; financial eligibility criteria for legal aid; legal aid coverage; legislative changes to the immigration or refugee process.) Please explain the basis for your opinion.

6. Are there certain points in the immigration or refugee process when claimants are most likely to be unrepresented? Are there certain points when they are most likely to have counsel? Please consider the entire process from the preparation and submission of the Basis of Claim and other forms to appeals of an Immigration and Refugee Board of Canada decision.

  1. (If applicable) Please explain why immigrants or refugees are more likely to be unrepresented at different points in the process. What are the common effects on the claimants for being unrepresented at these different points?

7. What are the benefits of access to legal aid for immigrants and refugees? To the refugee and immigration process?

8. Based on your experiences, what are the most common consequences of lack of access to legal aid to immigrants and refugees?

9. Based on your experiences, what are the most common consequences to the I&R system when immigrants and refugees lack access to legal aid?

10. What has been the effect of the new refugee determination process on the nature of the demand and the delivery of I&R legal aid? (Probes: system complexity; processing times.)

11. In your opinion, what challenges have provinces experienced in providing I&R legal aid under the new refugee determination process?

12. What are the most common impacts of I&R legal aid for individuals who receive I&R legal aid? Please be as specific as you can about what the impacts are for individuals.

13. To what extent does I&R legal aid funding affect the effectiveness and/or efficiency of the processes for handling I&R cases? Please be as specific as you can about what the impacts of I&R legal aid funding are on the effectiveness and/or efficiency of the processes for handling immigration and refugee cases.]

Efficiency and Economy

14. Can you suggest more efficient ways of achieving the objectives of the federal Legal Aid Program with respect to I&R legal aid?

15. What would be the potential effects of lower or higher levels of I&R federal legal aid funding for clients and for the processes of handling immigration and refugee cases?

Thank you for your participation.

Guide Court-Ordered Counsel in Federal Prosecutions (Lawyers)

The Department of Justice Canada (the Department) is conducting an evaluation of the federal Legal Aid Program as part of its reporting requirement to the Treasury Board Secretariat. The evaluation will assess the Program’s relevance and performance (effectiveness, efficiency and economy), and will focus on the federal investment in legal aid through the Legal Aid Program and the Access to Justice Services Agreements (AJAs). The evaluation covers:

PRA Inc. is working with the Department to conduct the evaluation. We are asking various groups of stakeholders, including representatives of the Department and other federal departments, provincial and territorial governments, legal aid plans, justice professionals and clients to participate in the evaluation. The information we gather from the interviews will be summarized in aggregate form. Interview notes will not be shared outside of PRA Inc. and the Department’s Evaluation Division.

  1. On how many court-ordered counsel cases involving the federal government have you served as counsel since fiscal year 2012-13? What were the types of orders? (Probes: amicus curiae; order for court-ordered counsel in a national security certificate case; Robotham order).
  2. Based on your experience, what factors, if any, make COCFP cases unique compared to other criminal prosecutions? (Probes: complexity of case; number of defendants; types of evidence; Charter issues, etc.; see if factors differ by type of orders identified in Q1 if they have handled multiple types.)
  3. In the case(s) that you have been involved in, were there any characteristics of the defendants (e.g., language issues, income level) that would have affected their ability to respond to the charges against them?
  4. To what extent does COCFP serve the public interest? Please consider this from the perspective of defendants, the justice system, and Canadian values.
  5. To your knowledge, has a federal prosecution been stayed due to lack of funding for court-ordered counsel?
  6. If the COCFP component of the Program did not exist, what do you think would have been the impact on the case(s) in which you were involved? In your response, please consider any impacts for the client(s) and the justice system, including the court and the prosecutor.
  7. Based on your experience, how do the costs of defending COCFP cases compare to the costs of defending other similar cases in your practice? What are the main factors that contribute to the cost of defending COCFP cases?
  8. In general, what would be the main impacts if federal funding for COCFP cases did not exist? In your response, please consider any impacts for the client(s) and the justice system, including the court, the prosecutor, and the legal aid plan.
  9. What are the main benefits, if any, of federal funding for COCFP for clients and the justice system?
  10. How was the COCFP case(s) in which you were involved administratively managed (i.e. by province or territory, by provincial/territorial legal aid plan, by Justice Canada)? Please describe any challenges that you experienced with the administrative management of the COCFP cases(s).
  11. Do you have any suggestions for improving the mechanism for providing federal funding for COCFP cases? Are there any more efficient or effective ways to provide COCFP?
Thank you for your participation.

Court-Ordered Counsel in Federal Prosecutions Public Prosecution Service of Canada

The Department of Justice Canada (the Department) is conducting an evaluation of the federal Legal Aid Program as part of its reporting requirement to the Treasury Board Secretariat. The evaluation will assess the Program’s relevance and performance (effectiveness, efficiency and economy), and will focus on the federal investment in legal aid through the Legal Aid Program and the Access to Justice Services Agreements (AJAs). The evaluation covers:

PRA Inc. is working with the Department to conduct the evaluation. We are asking various groups of stakeholders, including representatives of the Department and other federal departments, provincial and territorial governments, legal aid plans, justice professionals and clients to participate in the evaluation. The information we gather from the interviews will be summarized in aggregate form. Interview notes will not be shared outside of PRA Inc. and the Department’s Evaluation Division.

  1. To what extent does the COCFP component of the Program address federal priorities?
  2. Since fiscal year 2012-13, has there been a change in the proportion of unrepresented accused in federal prosecutions which affects the need for court orders for federally funded counsel? (If yes) Is there evidence of these changes and, if so, what evidence?
  3. Since fiscal year 2012-13, have you noticed an increase or decrease in the number of COCFP? (If yes) Can you explain why there has been a change? (Probe: have legal aid eligibility requirements had any effect?) And can you explain why they are occurring?
  4. Based on your experience, what factors, if any, make COCFP cases unique compared to other criminal prosecutions? (Probes: complexity of case; number of defendants; types of evidence; Charter issues, etc.)
  5. In the case(s) that you have been involved in, were there any characteristics of the defendants (e.g., language issues, income level) that would have affected their ability to respond to the charges against them?
  6. To what extent does COCFP serve the public interest? Please consider this from the perspective of defendants, the justice system, and Canadian values.
  7. To your knowledge, has a federal prosecution been stayed due to lack of funding for court-ordered counsel?
  8. How are COCFP cases managed by the jurisdictions? Please describe any challenges that you are aware of that the jurisdictions experience in managing COCFP cases.
  9. If the COCFP component of the Program did not exist, how would economically disadvantaged individuals in federal prosecutions obtain the necessary legal assistance?
  10. What would be the impact on the Public Prosecution Service of Canada if COCFP funding did not exist?
  11. Do you have any suggestions for improving the mechanism for providing federal funding for COCFP cases? Are there any more efficient or effective ways to provide COCFP?
  12. What are the main benefits, if any, of federal funding for COCFP for clients and the justice system?
Thank you for your participation.

Immigration and Refugee Legal Aid Representatives of the Immigration and Refugee Board of Canada

The Department of Justice Canada (the Department) is conducting an evaluation of the federal Legal Aid Program as part of its reporting requirement to the Treasury Board Secretariat. The evaluation will assess the Program’s relevance and performance (effectiveness, efficiency and economy), and will focus on the federal investment in legal aid through the Legal Aid Program and the Access to Justice Services Agreements. In addition to the other Legal Aid Program components, the evaluation will be considering the immigration and refugee (I&R) legal aid funding in six provinces (BC, AB, MB, ON, QC, NL).

PRA Inc. is working with the Department to conduct the evaluation. The information we gather from the interviews will be summarized in aggregate form. Interview notes will not be shared outside of PRA Inc. and the Department’s Evaluation Division.

Relevance
Trends

1. How has the I&R process changed over the past five years? To what extent have the types of cases changed in the last five years? (Probe: complexity of cases.)

Response:

2. In your opinion, do these changes have any effect on whether persons who appear before the Immigration and Refugee Board of Canada (IRB) are able to handle their cases without representation?

Response:

3. Based on your experience, what are the common challenges/barriers faced by persons who appear before the IRB, which might affect their ability to pursue their cases?

Response:

4. To what extent, if at all, do these challenges/barriers make it difficult for them to handle their own cases or, even if they have counsel, to assist with their own cases?

Response:

5. Are there any differences in the challenges or barriers faced by refugees compared to immigrants?

Response:
Thank you for your participation.

Public Security and Anti-Terrorism

The Department of Justice Canada (the Department) is conducting an evaluation of the Legal Aid Program as part of its reporting requirement to the Treasury Board Secretariat. The evaluation will assess the Program’s relevance and performance (effectiveness, efficiency and economy), and will focus on the federal investment in legal aid through the Legal Aid Program and the Access to Justice Services Agreements (AJAS). The evaluation covers:

PRA Inc. is working with the Department to conduct the evaluation. We are asking various groups of stakeholders, including representatives of the Department and other federal departments, provincial and territorial governments, legal aid plans, justice professionals and clients to participate in the evaluation. The information we gather from the interviews will be summarized in aggregate form. Interview notes will not be shared outside of PRA Inc. and the Department’s Evaluation Division.

  1. How many PSAT cases that have received legal aid funding since fiscal year 2012-13 have you handled? Have you handled other types of criminal cases for legal aid plans?
  2. Based on your experience, what factors, if any, make defending PSAT cases unique compared to defending other criminal cases? (Probes: complexity of case; number of defendants; types of evidence; Charter issues, etc.)
  3. To what extent does federal legal aid funding for PSAT cases serve the public interest? Please consider this from the perspective of defendants, the justice system, and Canadian values.
  4. To your knowledge, has a PSAT prosecution been stayed due to lack of federally funded defence counsel?
  5. If federal legal aid PSAT funding did not exist, what do you think would have been the impact on the case(s) in which you were involved? In your response, please consider any impacts for the client(s) and the justice system, including the court, the prosecutor, and the legal aid plan.]
  6. Based on your experience, how do the costs of defending PSAT prosecutions compare to the costs of defending other criminal cases, particularly other criminal cases that have received legal aid coverage? What are the main factors that contribute to the cost of defending PSAT cases?
  7. In general, what would be the main impacts if federal legal aid funding for PSAT cases did not exist? In your response, please consider any impacts for the client(s) and the justice system, including the court, the prosecutor, and the legal aid plan.
  8. What are the main benefits, if any, of federal legal aid PSAT funding for clients and the justice system?
  9. Do you have any suggestions for improving the mechanism for providing legal aid funding in PSAT cases? Are there any more efficient or effective ways to provide legal aid in PSAT cases?
Thank you for your participation.

Justice Professionals

The Department of Justice Canada (the Department) is required to conduct an evaluation of the federal Legal Aid Program every five years as part of its reporting requirements. The purpose of the evaluation is to better understand the challenges facing legal aid clients and the benefits of legal aid. We also want to ask you about the issue of unrepresented accused in the criminal justice system. We are interviewing approximately 40 judges, Crown prosecutors, and criminal defence and duty counsel across Canada to provide the perspectives of criminal justice professionals.

The interview will be conducted by telephone and is expected to take approximately 20-30 minutes to complete. PRA Inc. is working with the Department to conduct the evaluation. We will treat your responses as confidential and will report on them only in aggregate form. At the conclusion of the study, the Department’s Evaluation Division will receive the interview notes with all identifying information removed.

  1. (Defence and duty counsel only) Have the nature or types of criminal legal aid cases changed over the past five years? (Probes: changes due to legislative changes/reforms; client characteristics; legal and non-legal needs of clients; case complexity) (If yes) Please describe any changes and the factors you think are responsible.
  2. (Defence and duty counsel only) Based on your experience with legal aid clients, what are the common challenges/barriers that these clients face?]
  3. (Defence and duty counsel only) What have been the most common impacts of criminal legal aid services for individuals and the justice system? In your answer, please consider legal aid certificates, duty counsel services, and other services.
  4. (Defence and duty counsel only) What are the main factors that contribute to the cost of providing criminal legal aid?
  5. (Justice professionals working in the territories) What are the unique access-to-justice needs of individuals living in the territories? Given these unique needs, to what extent does legal aid in the territories support access to justice?
  6. Over the past five years, has the proportion of unrepresented accused increased, decreased, or stayed the same? If applicable:
    1. In your opinion, what are the primary reasons for any change? (Probes: cost of legal counsel; financial eligibility criteria for legal aid; legal aid coverage; more accused do not want lawyer/think they can handle themselves; duty counsel are/are not available.) Please explain the basis for your opinion.
  7. Over the past five years, has the number of Rowbotham applications in your jurisdiction increased, decreased, or stayed the same? If applicable:
    1. To what do you attribute that change?
  8. Over the course of a criminal case, are there certain points in the criminal justice process when accused are most likely to be unrepresented? Are there certain points when they are most likely to have counsel? (Probes for each question: bail at time of plea; first appearance; subsequent appearances; trial or final appearance.)
    1. (If applicable) Please explain why accused are more likely to be unrepresented at different points in the criminal justice process.
    2. Based on your experience, approximately what percentage of accused are unrepresented at all of their appearances?
  9. What are the most common negative or positive effects of unrepresented accused on the functioning of the criminal justice system? Please answer based on your experience and explain your response. (Interviewer: probe on below areas only after giving them time to respond. Do unrepresented accused tend to affect the…)
    • number of stays? (Probe: more/fewer/no change)
    • number of remands? (Probe: more/fewer/no change)
    • length? (Probe: shorter/longer/no change) and number of appearances? (Probe: more/fewer/no change)
    • length of time to resolve case? (Probe: shorter/longer/no change)
    • length of trials? (Probe: shorter/longer/no change)
    • court time used in assisting accused — both judge and administrative staff? (Probe: more/less/no change)
    • the efficiency of the overall court process and administration?
    • integrity of criminal justice process in terms of access and fairness? (Probe: negative/positive/no effect)
    • other consequences?
  10. (If have not already answered in response to Q9) What complications, if any, do unrepresented accused persons create for judges and Crown counsel? In your response, please consider any differences in effects or complications based on when during the criminal justice process the accused is unrepresented.
  11. What are the most common legal consequences that accused experience when they are not represented by counsel? Please consider from the time of arrest to sentencing and explain your response. (Interviewer: Probe on below areas. Are unrepresented accused more likely to…)
    1. be denied bail?
    2. receive stronger/more restrictive bail conditions?
    3. plead guilty?
    4. not engage in plea bargaining?
    5. not have potential legal arguments raised?
    6. not have relevant information presented?
    7. receive a custodial sentence?
  12. What suggestions do you have for addressing the issue of unrepresented accused?
Thank you for your participation.

Immigration and Refugee Justice Professionals (Focus Group Immigration and Refugee Lawyers)

Introduction

Hello, everyone. Thank you for coming to our meeting. My name is (name), and I work for PRA Inc., an independent research company working with the Department of Justice Canada to conduct an evaluation of the federal Legal Aid Program. As part of the evaluation, we would like to better understand the challenges facing legal aid clients who are seeking assistance with their immigration or refugee claims, and the benefits of providing legal aid to immigration and refugee (I&R) claimants.

You were invited to participate in this focus group because we understand you provide services to legal aid clients who face immigration or refugee legal issues. Please be assured that we will not ask you to divulge any confidential information about your clients. We only want to ask about your experiences in providing services to clients who have immigration or refugee claims and how helpful legal aid services are to people with these issues. Your responses will be kept anonymous, and our report will not use your name or any information that might identify you.

Before we begin, I have some meeting guidelines I would like to review.

Does anyone have any questions?

To begin, let’s go around the table and introduce ourselves. To let us know a bit about you, please just give your first name, the province in which you have primarily provided I&R services to legal aid clients, the length of time you have been practicing I&R law, and whether you primarily handle refugee claims for legal aid clients, immigration claims, or both.

  1. Has the nature or type of I&R legal aid claims that you have handled changed over the past five years? (If yes) Please describe any changes and the factors you think are responsible. (Probes: legislative changes/reforms, particularly the new refugee determination process; complexity of claims.)
    1. Do these changes have any effect on whether immigration or refugee claimants are able to handle their claims without representation?
    2. Do these changes have any effect on how legal aid plans have approached the provision of I&R legal aid? If so, please explain.
    3. What effects have these changes had on how you provide services to your legal aid clients who have I&R issues?
  2. Based on your experience with legal aid clients who have immigration or refugee claims, what are the common challenges/barriers these clients face that make it difficult for them to handle their own claims or, even if they have counsel, to assist with their own claims? (Probes: client characteristics; legal and non-legal needs of clients.) Are there any differences in the challenges or barriers faced by refugees compared to immigrants?
  3. Over the past five years, has the proportion of unrepresented refugee claimants increased, decreased, or stayed the same? Unrepresented immigrants? If applicable:
    1. In your opinion, what are the primary reasons for any change? (Probes: cost of legal counsel; financial eligibility criteria for legal aid; legal aid coverage; legislative changes to the immigration or refugee process.) Please explain the basis for your opinion.
  4. Are there certain points in the immigration or refugee process when claimants are most likely to be unrepresented? Are there certain points when they are most likely to have counsel? Please consider the entire process from the preparation and submission of the Basis of Claim and other forms to appeals of an Immigration and Refugee Board of Canada decision.
    1. (If applicable) Please explain why immigrants or refugees are more likely to be unrepresented at different points in the process. What are the common effects on the claimants for being unrepresented at these different points?
  5. What are the benefits of access to I&R legal aid to claimants? To the I&R process?
  6. Based on your experiences, what are the most common consequences to claimants of lack of access to I&R legal aid?
  7. Based on your experiences, what are the most common consequences to the I&R system when claimants lack access to I&R legal aid?
  8. What challenges, if any, have you experienced in providing services to I&R legal aid clients?
  9. What challenges, if any, has the legal aid plan in your province experienced in providing I&R legal aid services?
  10. What are the main factors that contribute to the cost of providing legal aid in I&R matters?
  11. What suggestions do you have for improving I&R legal aid?
Thank you for your participation.

Key Informant Interview Guide Clients

Hello, (name). Thank you for agreeing to be interviewed. My name is (name), and I work for PRA Inc., an independent research company working with the Department of Justice Canada to conduct a study of the federal Legal Aid Program. This program provides funding to the provinces and territories for the delivery of legal aid services.

We would like to ask you a few questions to better understand the challenges facing clients who are seeking legal aid assistance. We also want to learn about your experiences with applying for or using legal aid services. We are also interested in how the availability of legal aid might have affected your case.

The information you provide will be handled with care. No one outside of PRA will see your answers. They will be combined with the responses of others and reported all together, so you cannot be identified and your name will not be used in any report.

I want to emphasize that your participation is voluntary. You can decide not to participate at all or answer particular questions. You can end the survey at any time. Your decision whether or not to participate in the survey will not have any effect on current or future applications for legal aid services. No one outside of PRA will know whether or not you decided to participate in the survey.

With your permission, I’d like to audio-record the interview. The recording will be used only to ensure that my notes are accurate. It will be deleted after the research project is completed. Are you comfortable with being recorded?

Do you have any questions before we get started?

1. Since 2012, how many times have you applied for or used legal aid services? (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, more than 10; don’t know; no response)

2. I’m going to list types of legal matters; please tell me if you have tried to get legal aid assistance for any of these types of matters since 2012.

  1. Criminal law
  2. An immigration or refugee claim
  3. Family law (e.g., child support/maintenance; custody; access; guardianship; child protection)
  4. Did you go to legal aid for help with any other type of legal matter?

(NOTE TO INTERVIEWER: For clients in the provinces, you will want to let them know that we would like to focus only on their experiences using legal aid for criminal law or I&R legal aid. If the person does not say yes to 2a or 2b, you should end the interview.

3. Do you remember how you found out about legal aid? (Probes, if necessary: family; friends; word of mouth; phone book; internet; lawyer; courthouse staff; previously received services from legal aid; community organization)

4. Where did you go to get help from legal aid for your legal issue(s)? (Probes: the courthouse; legal aid office; courtworker (territories only); website; other)

5. (Clients in provinces only) Did you make an application for legal aid? Was it easy or difficult to apply for legal aid? What made it easy/difficult?

6. (Clients in provinces only) Was your application for legal aid accepted? If no, do you recall why your application was denied? (Probes: financially ineligible; type of legal matter not covered.)

Questions 7 – 13 are for clients who answer yes to Q6.

7. What help did you get from legal aid? (Probes: duty counsel who would provide you with brief advice in court; legal aid lawyer to help you with your case/claim; information from a telephone advice service; online informational materials or pamphlets) If none, do you recall why you did not get help from legal aid? (Probes: hired own lawyer instead; decided to plead guilty without getting a lawyer; other; don’t know) NOTE TO INTERVIEWER: If the person applied for legal aid, was accepted and then did not receive any help from legal aid, skip to Q17. It will be very rare for a person to respond that he did not get help from legal aid.

8. Did the services you received from legal aid help you with your legal issue(s)? If yes, how did they help you? If no, why were they not helpful?

9. Overall, how would you describe your experiences resolving your legal issue(s)? Mostly positive, somewhat positive, somewhat negative, mostly negative

  1. What were the main things that made your experiences positive/negative?

10. How would you describe your experiences with the services you received from legal aid? Mostly positive, somewhat positive, somewhat negative, mostly negative

  1. What were the main things that made your experiences positive/negative? (NOTE TO INTERVIEWER: PLEASE ASK SPECIFICALLY ABOUT EACH OF THESE AFTER LETTING THEM PROVIDE A RESPONSE FIRST: I was treated with respect; information/advice was helpful; counsel understood my situation; counsel provided me with options for how to handle my legal issue(s).)

11. What do you think you would have done had you not received help from legal aid? (Multiple responses - Read response categories: plead guilty to charges; hired lawyer to represent you; represent yourself; other; don’t know; no response)

12. Do you think you could have handled your legal issue on your own without any legal help? If yes, tell me how you might have handled it on your own? If no, what would have made it difficult for you to handle it on your own? (Probes: could they have hired counsel on their own? what would it have taken (e.g., loans from family, sell car) for them to be able to afford counsel?)

13. What was the result of your case? (Single response: Read response categories: Guilty plea; trial and finding of not guilty; trial and finding of guilty; case stayed; charges withdrawn; other; don’t know; no response) Do you think the result of your case would have been different if you had not received legal aid and tried to handle it on your own? Why or why not?

Questions 14 – 21 are for clients said no to Q6.

14. Did you receive any other type of help from legal aid?

    1. Did a duty counsel lawyer give you advice in the courthouse? This lawyer is not representing you on your case, but would help you by giving you some legal advice.
    2. Did you get help through a legal aid telephone service that gives legal advice?
    3. Did you use the legal aid website or brochures to find information about your legal issue(s) or the court process?

15. Did the services you received from legal aid help you with your legal issue(s)? If yes, how did they help you? If no, why were they not helpful?

16. Did you handle any part of your legal issue(s) on our own? If yes, how did that go? If no, why did you decide not to handle it on your own?

17. Did you hire counsel to help you with your legal issue? If yes, about how much have you paid? What has been the financial impact on you? (Probe: what steps, if any, did you have to take to be able to afford counsel?)

18. Did yo u receive any other type of assistance for your legal issue(s), such as from a community organization, a pro bono legal organization, a family member, or a friend?

19. Overall, how would you describe your experience resolving your legal issue(s)? Mostly positive, somewhat positive, somewhat negative, mostly negative.

20. What were the main things that made your experiences positive/negative?

21. What was the result of your case? (Single response: Read response categories: Guilty plea; trial and finding of not guilty; trial and finding of guilty; case stayed; charges withdrawn; other; don’t know; no response) Do you think the result of your case would have been different if you had received legal aid? Why or why not?

Questions 22–31 are for all respondents.

22. If you could improve legal aid services, what would you change and why?

23. Do you have any other comments you would like to make about legal aid services?

I’d like to ask a few questions about you. These questions are to help us know whether we are reaching people who are representative of legal aid clients.

24. Could you please tell me what year you were born?

25. What is your marital status? Are you… (read options)

26. What is your current employment status? Are you? …. (read options; multiple response)

27. Are you a member of a visible minority group? Yes, No, No response

28. Are you an Indigenous person? Yes, No, No response

29. What is the language that you speak at home?

30. How many people are in your household (one, two, three, four or more)

31. I am going to mention a number of broad income categories. When I come to the category that best describes your total annual household income, which is your total gross income before deductions, please stop me.

Thank you for your participation.

Case Study Interview Guide Client

Hello, (name). Thank you for agreeing to be interviewed. My name is (name), and I work for PRA Inc., an independent research company working with the Department of Justice Canada to conduct a study of the federal Legal Aid Program. This program provides funding to the provinces and territories for the delivery of legal aid services. As part of the study, we would like to better understand the challenges facing clients who are seeking legal aid assistance. We also want to learn about your experiences with using legal aid services. We would like to discuss your experience using (name of service) with you today.

We will not ask you anything personal about your legal issues. We only want to ask about your experiences with legal aid services and how helpful they were to you. Our report will not use your name or any information that might identify you.

With your permission, I’d like to audio-record the interview. The recording will be used only to ensure that my notes are accurate. It will be deleted after the research project is completed. Are you comfortable with being recorded?

Do you have any questions before we get started?

1. Do you remember how you found out about (name of service)? (Probes, if necessary: family; friends; community organization.)

2. What help did you get from (name of service)? Did you receive help from any other legal aid services? (Note to interviewer: if they have, please let them know that we want them to only talk about the services they received from the service that is the focus of the case study.)

3. Did the services you received from (name of service) help you with your legal issue(s)? If yes, how did they help you? If no, why were they not helpful?

4. How would you describe your experiences with the services you received from (name of service)? Were your experiences mainly positive or mainly negative?

  1. What were the main things that made your experiences positive/negative? (Probes for whether: I was treated with respect; information/advice was helpful; counsel understood my situation; counsel provided me with options for how to handle my legal issue(s).)

5. Overall, how would you describe your experiences resolving your legal issue(s)? Were your experiences mainly positive or mainly negative?

What were the main things that made your experiences positive/negative?

6. What do you think you would have done had you not received help from (name of service)?

7. Do you think you could have handled your legal issue on your own without any legal help? If yes, tell me how you might have handled it on your own. If no, what would have made it difficult for you to handle it on your own? (Probes: could they have hired counsel on their own? what would it have taken for them to be able to afford counsel, e.g., loans from family, sell car?)

8. What was the result of your case? Do you think the result of your case would have been different if you had not received help from (name of service) and tried to handle it on your own? Why or why not?

9. If you could improve legal aid services, and/or the (name of service received), what would you change and why?

10. Do you have any other comments you would like to make about legal aid services?

I’d like to ask a few questions about you. These questions are to help us know whether we are reaching people who are representative of legal aid clients.

11. Could you please tell me what year you were born?

12. What is your marital status? Are you…(read options)

13. What is your current employment status? Are you? …. (read options; multiple response)

14. Are you a member of a visible minority group? Yes, No, No response

15. Are you an Indigenous person? Yes, No, No response

16. What is the language that you speak at home?

17. I am going to mention a number of broad income categories. When I come to the category that best describes your total annual household income, which is your total gross income before deductions, please stop me.

Thank you for your participation.

Case Study Interview Guide Stakeholders

The Department of Justice Canada (the Department) is required to conduct an evaluation of the federal Legal Aid Program as part of its reporting requirement to the Treasury Board Secretariat. As part of the evaluation, we would like to better understand the challenges facing legal aid clients and the benefits of legal aid. The evaluation will include up to 10 case studies that focus on service delivery innovations and promising practices.

The interview is expected to take approximately 60 minutes to complete. PRA Inc. is working with the Department to conduct this evaluation. We will treat your responses as confidential and will report on them only in aggregate form. At the conclusion of this evaluation, the Department of Justice Canada Evaluation Division will receive the interview notes relating to this case study with all identifying information removed.

  1. Please describe the service delivery innovation/promising practice. (Probes, as applicable, what client group does it serve? what are the eligibility criteria?)
  2. What is your relationship to the service delivery innovation/promising practice (e.g., staff or delivery agent; external stakeholder; other)?
  3. What need or service gap was the service delivery innovation/promising practice intended to address?
  4. What are the objectives of the service delivery innovation/promising practice? What are the outcomes that it hopes to achieve?
  5. In your opinion, how effective has the service delivery innovation/promising practice been in fulfilling its objectives and achieving its outcomes?
  6. What factors have facilitated or impeded its success?
  7. (For case studies that involve interviews with clients) What other options for legal assistance and advice are available to this client group? (Probes: how able would they be to pay for legal assistance?; what steps might they need to take, such as loans or selling personal assets, to be able to afford legal assistance?)
  8. What has been the impact of the service delivery innovation/promising practice for legal aid clients? What has been the impact for the justice system?
  9. Are there any efficiencies for the legal aid plan and/or the broader justice system that you believe the service delivery innovation/promising practice has achieved?
  10. What learnings from the service delivery innovation/promising practice would you like to share as either best practices or lessons learned?
Thank you for your participation.