Evaluation of the Indigenous Courtwork Program
Appendix C: Logic Model
The core activities and outputs of the Department of Justice in managing the Indigenous Courtwork Program include:
- Negotiating and monitoring contribution agreements with provinces and territories. The federal government enters into multi-year contribution agreements with provincial/territorial governments who, in turn, enter into contractual arrangements with third-party service delivery agencies who provide Indigenous Courtwork (ICW) services. As such, the federal government does not provide direct Courtwork services. Departmental activities include negotiating and monitoring the ICW Program framework and funding the delivery of ICW services. In each of the territories, ICW Program services are funded under Access to Justice Agreements that integrate support for Indigenous Courtwork, legal aid, Public Legal Education and Information services. These Agreements give the territories the flexibility to allocate resources within a single envelope provided minimum levels of service are met.
Output: Funded contribution agreements with provincial/territorial governments
- Support the Tripartite Working Group on the Indigenous Courtwork Program. On a policy level, the ICW Program operates in a tripartite format (federal-/provincial-territorial - Indigenous delivery agency) and is guided by the Tripartite Working Group. This Working Group has a mandate to serve as a forum for addressing a range of policy and program issues related to the ICW Program. The Director of the Policy Implementation Directorate co-Chairs the Working Group, and the Policy Implementation Directorate, Programs Branch, provides secretariat support for the Working Group and its sub-committees.
Output: Secretariat Support to Tripartite Working Group
These activities are intended to have the following immediate results:
- Provide support, information and referrals to Indigenous persons in contact with the criminal justice system. The initial step of the ICW service delivery is for Courtworkers to identify the Indigenous persons and their needs, as well as the resources available to address those needs. This approach acknowledges that the needs of the Indigenous persons often go beyond the incident that has brought the individual before the courts, and represents an opportunity to identify resources that could address the offending behaviour and improve the “life chances” of the Indigenous persons.
- Provide information and advice to the criminal justice system regarding Indigenous persons before the court. While working with the accused, the Courtworker is also working with those within the justice system (court officials, duty counsel, legal aid lawyers, judges, etc.) in an effort to increase the awareness and understanding of the issues relating to the Indigenous persons and the community.
- Tripartite engagement on program and policy development. The Tripartite Working Group has a broad mandate, as directed by the FPT Deputy Ministers Responsible for Justice and Public Safety. In order to address its mandate, the Working Group members must work together on program and operational issues, share best practices and find innovative solutions.
The intermediate results of Program activities include:
- Increased awareness of rights, obligations, legal/community resources and options (restorative, diversion) available to Indigenous persons in court. Courtworkers provide information, advice and support to the Indigenous persons in a timely, accurate and culturally relevant manner. Providing one-on-one services allows for the necessary effective communication with the accused, to assure that they have a full understanding of their rights and obligations before the court, as well as resources that may be available to them.
- Increased communication, information sharing and relationship building between Indigenous persons and court personnel. The Courtworker is the link between the Indigenous persons and the court officials/personnel and facilitates the necessary communication that leads to improved court processes, as the Courtworker raises the awareness of court officials of the complex issues relating to many Indigenous persons.
- Increased partnerships among communities, community justice systems and the criminal justice system. The strategic positioning of the Courtworker within the court system as well as within the Indigenous community provides the Courtworker with the opportunity to facilitate the necessary links between the Indigenous community and the mainstream justice system. These efforts are expected to lessen the alienation that Indigenous communities feel towards the justice system as well as improve connections with evolving community justice programs. Furthermore, as their awareness is raised, it is anticipated that justice system officials will react in a more culturally appropriate manner. This approach is of particular importance when considering precedent setting court decisions, such as R. v. Gladue and Section 718.2 of the Criminal Code, and how those precedents apply to the Indigenous persons. As a result of these court decisions, Courtworkers are often asked by Court officials to provide comprehensive information on the background of their Indigenous clients prior to sentencing.
- Increased number of tripartite collaboration leading to the identification of gaps, activities, outcomes and indicators to support cooperation and implementation of programs and services to Indigenous persons in contact with the criminal justice system. As part of the ICW Program, the Tripartite Working Group provides a transparent and collaborative environment that contributes to policy development around the ICW Program. The exchange of ideas and best practices across jurisdictions, the shared learning around issues of mutual concern, and the airing of common concerns are anticipated to enhance service delivery and policy development in this area. As ICW Program stakeholders collaborate within the Working Group, there is the opportunity to bring together a variety of perspectives on Indigenous justice policy. It is therefore anticipated that this ongoing dialogue will have a positive impact on the Policy development.
As indicated in the Logic Model on the following page, the ultimate intended result of the ICW Program is that Indigenous people involved in the criminal justice system receive fair, just, equitable and culturally relevant treatment.
Indigenous Courtwork Program Logic Model
Text version - Indigenous Courtwork Program Logic Model
The activities for the ICW Program are:
- Negotiate and monitor contribution agreements with provinces and territories
- Create tripartite forum
The outputs include:
- Funded contribution agreements
- Secretariat support to tripartite forum.
The immediate outcomes are:
- Provide support, information and referrals to Indigenous persons in contact with the criminal justice system;
- Provide information and advice to criminal justice system regarding Indigenous persons before the court
- Tripartite engagement program and policy development
The intermediate outcomes are:
- increased awareness of rights, obligations and legal and/or community resources and options (restorative justice, diversion) available to Indigenous persons in court;
- Increased communication, information sharing and relationship building between Indigenous persons and court personnel;
- Increased partnerships among communities, community justice systems and the criminal justice system
- Increased number of tripartite collaboration leading to the identification of gaps, activities, outcomes and indicators to support cooperation and implementation of programs and services to Indigenous persons in contact with the criminal justice system.
The ultimate outcome for the Indigenous Courtwork Program is for Indigenous persons involved in the criminal justice system to receive fair, equitable and culturally relevant treatment.
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