Evaluation of the Legal Aid Program

Appendix A: Logic Model

The logic model for the Legal Aid Program, illustrating the expected activities, outputs and outcomes of the Program and their relationships to each other, is presented graphically in Table 2.

The Department of Justice (the Department) defined Program results and indicators in consultation with departmental staff, including the Evaluation Division, and with representatives from all the provinces and territories, in order to develop the logic model.

The logic model identifies five Program components (lines of business) that fall under two main areas – 1) administering contributions funding, and 2) secretariat support for the Federal-Provincial-Territorial Permanent Working Group on Legal Aid (PWG) (research and policy development). These areas address both the assurance that eligible and relevant activities are funded in efficient ways, according to Treasury Board guidelines, and that the results of the funded activities and research and policy activities related to legal aid are clearly communicated to key stakeholders for potential take-up in policy development.

Activities

The Program logic model includes the following five activities:

1. Criminal Legal Aid Base Funding
In the provinces, the federal government contributes to the costs of delivering legal aid services to economically disadvantaged people accused of serious and/or complex criminal offences and facing the likelihood of incarceration, and to youths charged pursuant to the Youth Criminal Justice Act (YCJA). In the territories, the consolidated Access to Justice Services Agreements are used for Canada’s contribution towards criminal and civil legal aid costs.
2. Immigration and Refugee (I&R) Legal Aid
Through the legal aid contribution agreements, the federal government contributes funding to the provinces and territories for I&R legal aid services. Currently, six jurisdictions provide I&R legal aid: Alberta, Quebec, Manitoba, British Columbia, Ontario, and Newfoundland and Labrador. This funding supports these participating jurisdictions in their role to assist and represent immigrant and refugee claimants through the refugee determination process, according to the legislative provisions of the Immigration and Refugee Protection Act.
3. Court-Ordered Counsel in Federal Prosecution (COCFP)
The Program’s COCFP component addresses instances where the federal Crown is required by the courts to provide funded defence counsel to an individual who does not otherwise qualify for legal aid and is involved in a proceeding brought pursuant to a federal prosecution such as under the Controlled Drugs and Substances Act. Under the current legal aid agreements, jurisdictions agree to manage these cases on behalf of the federal government and, in return, the Department reimburses all expenditures and pays a 15% management fee. If a province/territory or plan does not agree to manage the case, the Program must administer the costs directly.
4. Public Security and Anti-terrorism (PSAT)
The federal government provides contribution funding, on a case-by-case basis, to jurisdictions or their legal aid plans to reimburse their legal aid costs relating to (i) charges laid under the Anti-terrorism Act (C-36) or such other public security and anti-terrorism legislation that may be enacted by Parliament; (ii) Security Certificates issued under the Immigration and Refugee Protection Act; and (iii) proceedings under the Extradition Act where the requesting state alleges the commission of a terrorist act.
5. Federal-Provincial-Territorial Permanent Working Group on Legal Aid (PWG)
The Program provides secretariat support for the PWG and undertakes research and policy development activities that support policy discussions of the group. The PWG was created as a forum for, among other things, joint policy development in matters of shared interest. The resultant collaboration promotes the effective and efficient development and implementation of legal aid policy in Canada. The PWG comprises representatives from each provincial and territorial government, as well as representatives from the legal aid plans that deliver legal aid services.

Outputs

Funding for criminal legal aid – Department of Justice staff undertake extensive negotiations with their provincial and territorial counterparts to establish contribution agreements in support of criminal legal aid services.

Funding for I&R legal aid – The criminal legal aid agreements also provide for the distribution of federal funds available for I&R legal aid.

COCFP cases are funded – COCFP cases are funded as specified in Schedule B of the contribution agreements with provinces and territories. As a result of this funding, the provinces and territories agree to manage cases involving court-ordered counsel in federal prosecutions.

PSAT cases are funded – The contribution agreements respecting criminal legal aid provide for funding of legal aid in Public Security and Anti-terrorism (PSAT) cases under separate funding agreements which cover the costs of providing legal aid in such cases.

PWG Meetings – The PWG and its subcommittees meet, as required, to negotiate and draft contribution agreements, determine an acceptable funding distribution formula, share information, discuss policy issues, and identify relevant research and policy development activities.

Immediate Outcomes

Enhanced capacity to provide legal aid – The federal contributions (i.e. Criminal A-Base, I&R legal aid, COCFP and PSAT) enhance the capacity of provinces and territories to pay the costs associated with providing legal aid services.

PWG work is facilitated – Meetings of the PWG are attended by all jurisdictions, information sharing and networking is enabled, working groups are formed to address priority issues and related meetings, and relevant research and policy documents are prepared and reviewed with a view to establishing policy directions for consideration by FPT Deputy Ministers of Justice.

Intermediate Outcomes

Provision of legal aid services – The federal contribution enables the sustained delivery of criminal and youth criminal justice legal aid services by the provinces and territories for economically disadvantaged people accused of serious criminal offences and facing the likelihood of incarceration. As well, the federal contribution enables the sustained delivery of I&R legal aid services by the provinces and territories, and avoids the need and added cost of the federal government developing a parallel federal legal aid program.

Provision of funded counsel in COCFP and PSAT cases – The federal contribution enables jurisdictions to manage COCFP on behalf of the federal government, as well as the legal aid costs in PSAT cases on a case-by-case basis. Further, this funding enables such cases to proceed (avoids stays of proceedings) and avoids the costs that would be incurred by the Department if it were required to manage these cases directly. In instances where jurisdictions or their legal aid delivery entities do not accept to manage funded defence counsel for a COCFP, Justice directly administers and manages the provision of funded defence counsel using Vote 1 resources exclusively.

Collaborative federal policy development related to legal aid – The information obtained through PWG discussions, policy discussions and research helps establish policy direction for legal aid. This information contributes to building the governments’ capacity to respond to issues and address unmet needs for legal aid services, and to anticipate the implications of changing demands on the legal aid systems. The nature and range of variations in the policies and practices among jurisdictions are key considerations that guide the development of federal policy objectives and funding commitments. Understanding the differences in policies and practices will contribute significantly to the Department efforts in developing federal policy that is reflective of provincial and territorial considerations.

Ultimate Outcome

Canada-wide legal systems that are efficient, fair, relevant and accessible, and that promote public confidence in the access to justice system – The ultimate objective of the LAP is to ensure that economically disadvantaged Canadians have access to the legal aid services they require, thereby helping to ensure that Canada’s justice system is efficient, fair, relevant and accessible throughout Canada. From the public’s perspective, legal aid is synonymous with access to justice as it is perceived to promote and protect the rights of an accused person to a fair trial. The extent to which the public perceives that the criminal justice system is operating effectively and efficiently determines their level of confidence in the system. The objective is to ensure that the public has confidence that the justice system operates fairly in terms of providing necessary representation for economically disadvantaged people who face serious and/or complex criminal charges, and for young people charged pursuant to the YCJA. Public confidence will be measured by a variety of means, including consultations with stakeholders such as the Canadian Bar Association, monitoring media coverage of justice issues, and possible use of opinion surveys or key informant interviews with representatives from jurisdictions across the country.

Link to Departmental Strategic Outcome

Departmental programs are developed and implemented in response to identified needs and gaps and are integrated with governmental priorities and commitments.

The ultimate outcome of the Legal Aid Program is to enable the ongoing operation of Canada-wide legal systems that are efficient, fair, relevant and accessible, and that promote public confidence in the justice system. This ultimate outcome relates to the Department’s Program Activity Architecture strategic outcome of ensuring a fair, relevant and accessible justice system that reflects Canadian values. The Legal Aid Program contributes to the Department’s strategic outcome of a “fair, relevant and accessible justice system that reflects Canadian values”.

Legal Aid Program Logic Model

The logic model for the Legal Aid Program is provided below.

Logic Model - Justice Canada - Legal Aid Program
Components (lines of business) Activities Outputs Immediate Outcomes (Capacity) Intermediate Outcomes (Implementation) Ultimate Outcome (Benefits)
Criminal Legal Aid Policy development, collaboration, negotiations; claims processing; monitoring; and research Agreements; claims; payments; statistics and findings, research plan; meetings Enhanced capacity of provinces and territories and their legal aid plans to deliver criminal legal aid services to eligible persons Provinces and territories provide legal aid to eligible persons (i.e. economically disadvantaged persons) respecting the rule of law Canada-wide legal systems that are efficient, fair, relevant and accessible, and that promote public confidence in access to justice
Immigration and Refugee Legal Aid Collaboration, negotiations; claims processing; payments; monitoring; and research Agreements with immigration and refugee provisions; claims; payments; statistics and findings Enhanced capacity of provinces and their legal aid plans, with immigration and refugee agreements, to deliver immigration and refugee legal aid services to eligible persons Provinces and territories provide immigration and refugee legal aid to eligible persons; cost avoidance for Justice and Citizenship and Immigration Canada
Court-Ordered Counsel in Federal Prosecutions (COCFP) Collaboration, negotiations; claims processing; payments; monitoring; policy development Agreements for COCFP cases; COCFP cases managed; payments Enhanced capacity to provide funded counsel in federal prosecutions, pursuant to court orders, through provincial and territorial legal aid entities Provinces and territories provide counsel to defendants; cases proceed; cost avoidance for Justice; Justice manages legal counsel; cases proceed
Public Security and Anti-terrorism (PSAT) Negotiations; claims processing; payments; monitoring; policy development PSAT Agreements; PSAT cases managed; payments Enhanced capacity to provide funded counsel, pursuant to court orders, through provincial and territorial legal aid entities, for PSAT cases Provinces and territories provide counsel to persons affected by PSAT initiatives; cases proceed; integrity of prosecutions is maintained
Permanent Working Group (PWG) Secretariat services for the PWG; coordination of meetings and follow- up activities; research; policy development PWG meetings and teleconferences; conference documents; policy papers; business case More information sharing and networking enabled among all jurisdictions and the federal government Collaborative federal policy development related to legal aid matters that is reflective of provincial and territorial considerations