Evaluation of the Justice Partnership and Innovation Program

Executive Summary

1. Description of the Program

The Justice Partnership and Innovation Program (JPIP) is a discretionary grants and contributions (G&C) program that funds initiatives for the purpose of assisting the Department of Justice in a number of its priority areas and supporting its goal towards an accessible, efficient, and fair system of justice. The overall objective of the JPIP is to support the policy directions of the Department on issues related to access to justice, family violence, missing and murdered Indigenous women and girls (MMIWG)/violence against Indigenous women, and the harmonization of private international law. As such, the Program provides funding in support of stimulating knowledge development and dissemination, promoting partnership building and collaboration, and building community capacity.

2. Methodology

In order to address the questions included in the evaluation matrix, the evaluation included the following methodological approaches: document and literature review; key informant interviews; file review; online survey of applicants; and five case studies of funded projects/initiatives.

3. Findings

3.1. Relevance

There is a continued need for the JPIP

The evaluation found a continued need for the types of initiatives funded through the JPIP. All key informants believe the JPIP is still relevant and is needed. Family violence and violence against Indigenous women and girls are ongoing and important issues in Canada that require addressing. Providing financial assistance to Indigenous students in their pursuit of a law career is important in that it contributes towards efforts to reduce the current educational disparities that Indigenous students experience; it also contributes towards addressing the recommendations of the Truth and Reconciliation Commission of Canada.

All stakeholders identified a need for continued efforts to build knowledge, awareness, and understanding of justice issues. Such knowledge-building activities are important to assist the public in understanding the justice system and Canadian laws in general, as well to inform both the public as well as justice stakeholders on specific justice-related issues, such as family violence. It is also important to undertake such knowledge-building efforts in a variety of formats in order to ensure accessibility to a wide range of audiences and abilities. Similarly, the identification of emerging trends, issues, and/or gaps is critical to inform changes to the justice system and ongoing improvements.

Given the broad objectives of the JPIP, the wide array of initiatives funded and activities undertaken by funded initiatives, the JPIP strives to be responsive to the needs of Canadians. The evaluation found that funded activities have a wide reach with respect to the types of target audiences and beneficiaries, with many targeting Indigenous people, youth, victims of crime, justice stakeholders/professionals, women and girls, and visible minority groups.

The JPIP aligns with government priorities and federal roles and responsibilities

The JPIP aligns well with government priorities, contributing to the Department’s strategic outcome of a fair, relevant, and accessible Canadian justice system and in support of the Government of Canada’s priority outcome for a safe and secure Canada. Specific objectives of the JPIP are aligned with government priority areas — such as the Action Plan to Address Family Violence and Violent Crimes Against Aboriginal Women and Girls — and departmental policy areas related to family law, human rights law, public law, private international law, and Indigenous justice.

The JPIP aligns with federal roles and responsibilities as articulated by the Department of Justice Act and the roles and responsibilities of the Minister. The JPIP and the various initiatives undertaken through JPIP funding are viewed as contributing to the defined roles of the Department, specifically with respect to its role as a policy department.

3.2. Performance — achievement of outcomes

The JPIP contributes to increased capacity of stakeholders for building knowledge, awareness, and understanding

The JPIP is important and often critical to funding recipients to assist with core operations and undertake both ongoing and new activities, and in general to increase their capacity to offer services and activities that contribute to building knowledge, awareness, and understanding of justice issues. The evaluation found that without the JPIP funding, most recipients would not be able to offer the same level of services or would not be able to participate in JPIP-funded activities at all. The JPIP funding also assists recipients with leveraging funds and in-kind resources from other partners; for some, these other funds/resources are contingent on the recipient receiving JPIP funding.

The funding provided through the JPIP increases the capacity of recipient organizations by assisting them in expanding their services and activities, and the number and/or types of clients served; undertaking research and projects for developing tools and resources; providing training, tools, and resources to other organizations that in turn increase the capacity to serve their clients; and developing resources and supports that increase the capacity of the target group to address their justice-related issues.

JPIP recipients develop important partnerships that also contribute to increased capacity, with most recipients having some type of partnership and all being satisfied or very satisfied with their partnerships. While some partners provide cash funds, most provide some type of in-kind resource, primarily in the form of human resources and expertise and advice. In particular, recipients value the partners for the expertise and advice they contribute toward assisting in developing and delivering resources, tools, and programming. As well, partners often come with their own networks and associations that further expand the reach of the initiative.

The JPIP contributes to increased awareness and knowledge of the Canadian justice system

Most, if not all, of the activities that JPIP recipients undertake can be viewed as knowledge and awareness-building. This includes, for example, such activities as offering workshops, conferences, symposia, and training sessions; conducting pilot, demonstration, or research projects; or offering Public Legal Education and Information (PLEI) related services and activities, such as call-in lines, developing and distributing pamphlets and other informational materials, and informational sessions. In addition, a small number of specific recipients take part in the promotion of increased harmonization of legislation and/or international cooperation on justice issues. Such activities are targeted to the general public, justice stakeholders, specific vulnerable populations, or other organizations.

The evaluation found that JPIP-funded initiatives promote awareness and knowledge of justice-related issues. Recipients report positively on their activities’ contribution to increased knowledge and understanding of justice issues. For example, more than 61% of applicant survey respondents believe their JPIP-funded initiative contributed to each of the JPIP’s four knowledge/awareness-based objectives to a great or very great extent, and more than 79% indicated to at least some extent. As well, based on the file review, most projects report that their funded activities resulted in new information, new skills, or changed awareness.

PLEI organizations, for example, reported receiving positive feedback from clients on the helpfulness of the PLEI activities and services. Financial assistance to Indigenous students assists these students in gaining awareness and knowledge of the Canadian justice system through their law studies. Projects related to family violence, violence against women, and violence against Indigenous women and girls inform women and girls of their legal rights and how the justice system and other services can assist them. The Uniform Law Conference of Canada’s (ULCC’s) work to unify legislation across Canada increases awareness of the relevant issues across jurisdictions, while the work of the two intergovernmental organizations, the Hague Conference on Private International Law (HCCH) and International Institute for the Unification of Private Law (UNIDROIT), assist governments and legislators in gaining a better understanding of cross-border matters, as well as members of the Canadian public and Canadian companies affected by such matters.

The JPIP assists in promoting Canadian interests internationally

The promotion of Canadian interests internationally by JPIP recipients is achieved primarily through the International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLR), the HCCH, and UNIDROIT. The ICCLR participates in numerous international initiatives, including some with the UN, and represents Canada’s interests and imparts a Canadian influence in such initiatives. The Department of Justice is responsible for Canada’s membership in the HCCH and UNIDROIT, and does so through JPIP funds, with this membership providing Canada with the ability to participate in and influence the work of both these organizations. More specifically, Canada contributes expertise in the development of new and the operation of existing instruments, and also participates in governance aspects, thus contributing to the direction of the organizations. As a result of this involvement and the assessed contribution provided by the JPIP, Canada is considered an influential member of both the HCCH and UNIDROIT.

The work of the ULCC also has an international influence when its work and initiatives, originally developed for a Canadian context, is introduced in international fora. For example, some legislation initially developed for Canada was taken forward to the HCCH and UNIDROIT by Canada and became the basis of international instruments in those organizations. In addition, the ULCC can facilitate the implementation of internationally developed instruments in Canada.

The JPIP contributes to increased access to justice

Stakeholders report that the funded initiatives are providing information, services, and other activities that contribute to the knowledge, understanding, and skills of the public, vulnerable populations, justice stakeholders, and other services providers with respect to the Canadian justice system. This improved knowledge, understanding, and skills in turn lead to increased access to justice. PLEI activities, for example, contributes to a more informed public who are then better able to make the appropriate decisions and take the necessary steps for resolving their legal matter. A more informed justice system is better able to support the public with respect to their justice issues through the appropriate tools, legislation, and decision-making skills. JPIP projects also provide tools and resources to assist vulnerable populations in gaining the knowledge and skills on their rights and how the justice system can assist them in exercising their rights. Initiatives through the ULCC that bring about uniformity in legislation between provinces contribute to improved consistency across the country with respect to how the justice system treats individuals and creates a fairer justice system. And the implementation of instruments developed through international organizations such as the HCCH and UNIDROIT inform justice systems on a global level and provide residents and companies of member states, such as Canada, with increased access to justice on cross-border legal matters.

The evaluation also considered PLEI funding to the territories that is provided through the AJAs Access to Justice Services Agreements (AJAs) with the territories. The PLEI funding provided through these agreements is an important component of access to justice to residents in the territories, as these are usually the only available source of PLEI activities in these locations. Because the PLEI activities are usually delivered out of one main office within each territory that cover a large and remote geographical area, delivery agents make use of a variety of means to make their materials and services accessible to residents. This could be through a toll-free lawline, drop-in services, in-person clinics, printed and online PLEI materials, the use of court workers in communities, and outreach to communities. However, delivery is challenged by the large geographical areas of the territories populated by small, remote, and poorly serviced communities, with most accessible only by fly-in services and, for some, by boat during small ice-free windows of time. Language and cultural barriers are another main challenge; in addition, accessing materials online is often difficult, as internet services are poor in many communities and the costs of owning a computer and accessing the internet are prohibitive.

The JPIP contributes to a strengthened Canadian legal framework

The JPIP contributes to a strengthened legal framework through the positive influence that funded initiatives have on informational, policy, procedural, or legislative changes that provide Canadians with greater access to justice. Each of the various types of JPIP initiatives can be viewed as contributing to this strengthened legal framework in one or more ways. PLEI organizations, for example, help increase the public’s comfort level with and acceptance of the Canadian legal system through a better understanding of how to effectively access the legal system. Through collaboration and communication, the various funded organizations share information with other justice stakeholders, including with the Department of Justice, that help to identify gaps, emerging trends, and unmet needs, and that can assist in informing and influencing programming, policy, and legislation, including greater harmonization of legislation. These actions all lead to a strengthened Canadian legal framework. As well, the work of the ULCC, the HCCH, and UNIDROIT contribute toward harmonized legislation, which further strengthens the legal framework.

3.3. Performance — demonstration of efficiency and economy

Economy

One aspect of economy, and the extent to which expected outcomes are achieved while using the minimum amount of resources required, is how well actual spending matches budgeted amounts. Any variance between budgeted and actual expenditures for JPIP initiatives over the evaluation period was largely due to $808,330 in underspending for Family Violence and MMIWG contribution projects in 2012–13 at the beginning of the new funding cycle, while awaiting confirmation of program approval.

Efficiency

Based on input from funding recipients, JPIP projects appear to be highly successful in achieving their expected outcomes, suggesting that the Program has been able to make efficient and effective use of the relatively modest amount of available resources to achieve results. This success has been attributed to several factors.

One factor is that funded initiatives are screened and chosen based on their alignment with program priorities and the availability of other resources. Other resources include cash funds but more commonly are in-kind contributions in the form of human resources, expertise, and advice. In particular, the in-kind resources in the form of expertise and knowledge are viewed as making substantial contributions to initiatives that assist them in achieving positive results. The program has also implemented several measures for efficient program management, such as standardized funding applications, a formalized method and set of criteria for reviewing proposals, and regular reporting through a standard reporting template. JPIP applicants were highly satisfied with the application process and funding recipients were highly satisfied with other aspects of program management, such as reporting requirements, timeliness of payments, and the time period of funding awards. Additionally, both applicants and funding recipients were highly satisfied with their interactions with JPIP representatives with respect to their assistance with applications and reporting requirements.

The JPIP also generally meets departmental service standards for acknowledgement, funding decision, and payments, with 80% to 100% of the files sampled meeting the standards for these during most of the years covered by the evaluation. As well, the JPIP has a relatively low ratio of total actual administrative costs (represented as salaries plus O&M) to total actual expenditures (salaries plus O&M plus G&Cs), ranging from 1% to 5% over the evaluation period, which makes it an inexpensive program to administer.