Navigator programs in Canada

This scan has identified 27 navigator programs across Canada. For the purpose of this report, the programs have been grouped to distinguish programs that offer general services for many demographics and types of cases (e.g., anyone accessing Small Claims Court), and specialized programs that offer support for specific demographics (victims of domestic violence).

National programs

Several navigator programs operate on a national level. The Social Security Tribunal (SST) offers unrepresented appellants a navigator who will guide them through their appeal process, assist with preparation for the hearing, and answer other questions related to the appeal. Navigators within this program cannot provide legal advice or attend the actual tribunal hearing with the litigant (Social Security Tribunal). Other programs that operate on a national level include the Family Information Liaison Units (FILUs), Child Advocacy Centres / Child and Youth Advocacy Centres (CACs/CYACs), and the Indigenous Courtwork Program (ICW).3

FILUs were first developed in 2017 and can be accessed in various locations across the provinces and territories. Justice Canada provides funding to support FILUs as a part of the Federal Victims Strategy. FILUs are available in every province and territory to assist Indigenous families in gathering information on their missing and murdered loved ones.

CACs/CYACs are primarily non-governmental organizations.4 Many receive some funding from Justice Canada to provide multi-sectoral services to children and youth who are victims of violence or abuse. Importantly, law enforcement and child protection work together to conduct forensic interviews in a trauma-informed way. There are about 30 CACs/CYACs operating in almost every jurisdiction in Canada. More CACs/CYACs are being developed across Canada (CACs/CYACs in Development).

The ICW has existed since 1978 and is funded in part by the Department of Justice Canada. This program operates in all provinces and territories except New Brunswick and Newfoundland and Labrador. There are over 180 courtworkers nationally that provide services to approximately 60,000 Indigenous clients in over 450 communities each year. Courtworkers work with accused, offenders, and sometimes victims, in both communities and courtrooms. The ICW offers many different access points for these services across the country (Indigenous Courtwork Program).

Additional information on these four national navigator models is available in the specialized services section of this report.

Programs by jurisdiction

British Columbia

British Columbia has the largest number of navigator programs available across the province and online. One program called the Family Justice Pathfinder offers services to families experiencing divorce or separation (Family Justice Pathfinder). This program offers general legal information, referrals to other services and assistance navigating and understanding the court system. The Family Justice Pathfinder program offers a Guided Pathway online tool, which provides information to family members to help resolve issues related to their case. This tool includes an online referral to other relevant services.

Another program called Amici Curiae Friends of Court is a non-profit charity that offers legal assistance and workshops to the general public to assist with filing court forms and preparing individuals for court (Amici Curiae). This can involve a navigator attending court with the litigant or providing information on what to expect in court such as how to dress and respond to legal counsel in the courtroom. British Columbia also has a Family Justice Pathfinder program, which is discussed in more detail in the specialized services section of this report.

British Columbia additionally has four online navigator programs. My LawBC is a virtual navigator program that assists with cases involving separation, divorce and family orders, abuse and violence, missed mortgage payments, wills and personal planning (My LawBC). This virtual tool asks questions to develop an action plan based on the answers provided. Clients will be provided with information and links to step-by-step guides to assist with their cases, as well as on where to obtain legal advice and help. Similarly, the Civil Resolution Tribunal offers legal assistance with vehicle accidents and small claims cases. A Solution Explorer tool asks questions about the case and provides customized legal information and options based on answers provided, which may help clients resolve legal issues on their own (Civil Resolution Tribunal). Other programs such as AskJES and Law Coach BC delivered by the Justice Education Society offer general legal and family law information online (Law Coach BC, AskJES [Justice Education Society]).

Alberta

Alberta’s Court Assistance Program, Amicus Bench is a provincial program funded by the Centre for Public Legal Information Alberta, and aims to improve access to justice for self-representing litigants appearing at the King’s Bench Justice and Master’s Chambers. It provides volunteer lawyers who act as “amicus curiae”, or “friend of the court”, and assists the court in understanding positions and comments made by unrepresented litigants (Court Assistance Program King’s Bench Amicus).

Saskatchewan

Saskatchewan has a Domestic Violence Court Caseworker Program that operates through Family Service Saskatoon and serves clients who have experienced intimate partner violence and/or domestic violence (Domestic Violence Court Caseworkers).

Manitoba

Manitoba offers three navigator programs with specialized services. These programs focus on serving the needs of victims of domestic violence, child victims and witnesses of crime and individuals seeking navigation assistance for family law cases. These programs are further discussed within the specialized programs section of this report.

Ontario

Four navigator programs identified in this scan operate in Ontario. Connecting Ottawa is a program funded by the Law Foundation of Ontario and offers navigation services for linguistic minorities. Individuals can select from a variety of legal topics and obtain legal information, information about the court processes and referrals clients to other services (Connecting Ottawa). Ontario also has a program called Steps to Justice which is an online navigator program run through Community Legal Education Ontario offering information on a variety of legal areas including criminal law, abuse and family violence, housing law, and tribunals and courts. In addition, Ontario has two programs that offer specialized services for family violence and individuals with mental health struggles, which will be discussed later in this report.

Quebec

Quebec offers a navigator program with services available in English and French. Centre de justice de proximité is a mobile legal clinic that provides general legal information, support with legal needs, assistance with legal forms and information about alternative means of resolution such as mediation. This clinic is staffed with lawyers; however, they do not offer legal advice or legal opinion or requests to serve as counsel. (Centre de justice de proximité - Mobile legal clinic).

Nova Scotia

Nova Scotia has developed a navigator program for Small Claims Court that uses Small Claims Court Navigators in combination with an app that self-representing litigants can use to answer general legal questions (Small Claims Court Navigators + App). Additionally, the Public Navigator Program connects individuals with trained volunteers who can provide general legal information to the client to combat the lack of “meaningful information” available to self-representing litigants. This aims to increase self-representing litigants’ confidence when making decisions for conflict resolution (Public Navigator Program).

Newfoundland and Labrador

The Newfoundland and Labrador Sexual Assault Crisis and Prevention Centre and the Public Legal Information Association of Newfoundland and Labrador collaborated to develop the Journey Project which is a navigator service for victims of sexual assault over the age of 16 (Journey Project). Legal support navigators that work for this program offer legal information, survivor guides, educational workshops, and navigation to clients. These navigators may also accompany the survivor to court and police stations and connect clients to community resources specific to sexual assault cases. This navigator model also offers participants up to four hours of free legal advice with a lawyer (Journey Project).

Prince Edward Island

Prince Edward Island’s RISE program offers similar services to support victims of sexual assault, intimate partner violence, or workplace sexual harassment. Community Legal Information offers this program and it receives funding from Justice Canada and the Prince Edward Island Department of Justice and Public Safety. Like the Journey Project, RISE offers the opportunity for clients to meet with lawyers to receive up to four hours of free legal advice (RISE).

Northwest Territories, Yukon Territories, and Nunavut

There are national programs available in the Territories, but few navigator programs that are specific to the Territories. The Northwest Territories offers a Community Court Worker Program, which supports people in searching for legal representation, locating and filing court forms and documents, and applying for protection orders and victim services. There may be a need for the development of additional navigator programs in these jurisdictions.

Navigator Programs in Canada with Specialized Services

Accessing justice and legal support may require additional support and services for specific demographics or types of cases. This scan identified 10 navigator programs that offer specialized services for victims of domestic violence and sexual assault, individuals with mental health struggles, Indigenous populations, and child victims/witnesses. The following section will examine some of the programs offering these specialized services.

Domestic Violence and Sexual Assault

Specialized navigator programs for victims of domestic violence have many similar features. The Manitoba Domestic Violence Support Service offers family guides and domestic violence specialists who provide support, navigation, and referrals to services for families experiencing intimate partner violence5 (Domestic Violence Support Service). This service offers the opportunity for specialists to work with mediators who can assist families in implementing and supporting healthier behaviours. This program applies restorative justice practices including collaboration, inclusion, safety, and respect. The Domestic Violence Court Caseworkers program in Saskatchewan offers very similar services with the addition of assistance with victim impact statement and information regarding victim compensation (Domestic Violence Court Caseworkers). As noted above, a program called RISE, which operates in Prince Edward Island, offers plain language legal information, assistance with navigation, referrals to other services and up to four hours of free legal advice from a lawyer (RISE).

Ontario’s Family Court Support Worker program offers victims of domestic violence who are involved in family court cases legal information, assists with preparation for family court cases and may accompany the client to court. These court support workers can also assist with safety planning and refer victims to additional support (Family Court Support Workers).

Family Law

The Family Resolution Service program available in Manitoba aims to assist individuals with family law cases find information and resources relevant to their case, provide referrals to culturally and linguistically appropriate services, and assist with preparing for court (Family Resolution Service). The program also offers early resolution support services that are provided by individuals with specialized training in domestic violence, safety planning and conflict resolution.

Family Law Information Centres (FLICs) are free services in Ontario that offer support and information on separation, divorce, child protection and family law and justice issues. FLICs assist individuals in preparing for court attendance and completing necessary forms. They provide information and referral coordinators who can help individuals understand their family law needs and make referrals to appropriate services (Family Law Information Centres).

The Family Justice Pathfinder in British Columbia offers services to families who are experiencing divorce or separation (Family Justice Pathfinder). This program offers general legal information, referrals to other services and assistance navigating and understanding the court system. The Family Justice Pathfinder program offers a Guided Pathway online tool, which provides information to family members to increase their ability to resolve issues related to their case on their own. This tool includes an online referral to direct family members to other relevant services (Family Justice Pathfinder).

Child Witnesses/Victims

Child Victim Support Service (CVSS) in Manitoba serves victims and witnesses of abuse who are under the age of 18, adult survivors of sexual abuse and other vulnerable victims involved in the criminal justice system (Child Victim Support Service). This service provides basic navigator services such as legal information and referrals to other services, but additionally has many supports specific to the demographic they are serving. This service can assist with understanding the Manitoba Victims’ Bill of Rights, identify special needs and aids to assist with testimony, accompany clients on visits to the courtroom prior to appearance to make them more comfortable with the process and surroundings, provide emotional support and arrange short-term counselling and prepare victim impact statements.

Child Advocacy Centres / Child and Youth Advocacy Centres (CACs/CYACs) offer services for children and youth who have been victims or witnesses of crime. They provide victim advocacy, court preparation and support, specialized services for medical treatment and mental health supports (CAC/CYAC). These services aim to address the needs of children and their families in cases of suspected abuse and seek to minimize system-induced trauma. The role of the Victim Advocate is that of a navigator. He or she provides information, support, and navigation to the non-offending parent/guardian of the child victim (CAC/CYAC).

Mental Health

The Canadian Mental Health Association (CMHA) offers justice and mental health related supports across Canada. Within Ontario, CMHA has a Justice Court Support Program that offers services to individuals over the age of 18 who have a serious mental illness and have been charged with a criminal offence. Individuals who access this program may be connected to mental health supports and linked to services that facilitate bail or assist with the sentencing process. The Justice Court Support Program also assigns case managers to clients and may consult with lawyers and other justice system officials such as lawyers, judges and probation officers (CMHA Justice Court Support).

Indigenous populations

There is a variety of navigator programs working with Indigenous populations specifically. The ICW aims to assist Indigenous people involved in the criminal justice system understand their rights and access services that are culturally relevant. Courtworkers may help Indigenous clients by providing them with information and referrals to appropriate services to assist with addressing issues that may have led to offending. In addition, courtworkers may advocate on behalf of their client to criminal justice officials to ensure that culturally appropriate action is being taken, and that values and customs associated with Indigenous cultures are respected. (Indigenous Courtwork Program).

Similarly, FILUs offer services to Indigenous populations. These programs offer culturally sensitive and trauma-informed services that are accessible in each jurisdiction; they were established to assist family members of Missing and Murdered Indigenous Women and Girls to provide information on their cases. While FILUs cannot provide their clients with legal advice, actions or remedies, they play an important role in obtaining information for ongoing cases (Family Information Liaison Units). Both the ICW and FILUs receive funding from Justice Canada and operate on a national level.

2SLGBTQI+

One navigator program was identified as having specialized services for 2SLGBTQI+6 populations. Centre Interligne Telephone Legal Clinic is a front-line centre that offers a telephone-operated clinic in Quebec. Members of the 2SLGBTQI+ community can contact the clinic to receive general legal information including any information to navigate and understand processes in the justice system (Centre Interligne Telephone Legal Clinic).

Footnotes

3 The Indigenous Courtwork Program operates in all jurisdictions excluding New Brunswick and Newfoundland and Labrador.

4 With the exception of one CAC/CYAC in Yukon and two in Saskatchewan where CACs/CYACs are part of government organizations.

5 Domestic violence (or family violence) may include spousal violence, conjugal violence, or intimate partner violence (IPV), as well as child abuse and abuse of older persons. It is a pattern of behaviour used by one person to gain power and control over another person, with whom they have or previously had a relationship. This can include physical, sexual, emotional, financial, and spiritual abuse in addition to stalking, harassment, cyber violence, and homicide.

6 There are many acronyms used to describe sexual orientations and gender identities. The Government of Canada uses the acronym 2SLGBTQI+, which stands for Two-Spirit, Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex plus additional sexual orientations and gender identities.