Terms and Conditions: Indigenous Justice Program – Grants
The following terms and conditions apply to financial grants made under the Department of Justice’s (the “Department”) Indigenous Justice Program (“IJP”), which will subsequently be referred to as the “Program”. These terms and conditions are drafted in accordance with Treasury Board’s Policy on Transfer Payments dated October 2008.
1. Program and Legislative Authority
- The Department of Justice Act (R.S.C., 1985) confers federal powers to the Minister of Justice, related to the superintendence of all matters connected with the administration of justice in Canada, not within the jurisdiction of the governments of the provinces and to the administration of public affairs to ensure that it is in accordance with law. The Minister has the legislative authority to manage funds relevant to the administration of justice.
- In accordance with the Treasury Board’s Policy on Transfer Payments, in March 2012, the Minister of the Department of Justice Canada approved the continuation of the terms and conditions for the Indigenous Justice Program.
2. Description, Purpose and Objectives of the Indigenous Justice Program (IJP)
2.1. Description and Purpose
Generations of colonization and its detrimental effects have led to the disproportionate incarceration and victimization of Indigenous people in Canada. Redress calls for the increased use of Indigenous justice, based on Indigenous laws and healing practices. The Government of Canada has committed to a renewed, nation-to-nation relationship with Indigenous people, based on recognition of rights, respect, cooperation, and partnership. The Indigenous Justice Program aims to advance this by supporting Indigenous community-based justice programs that offer alternatives to mainstream justice processes.
The overall objectives of the IJP are:
- to assist Indigenous people in assuming greater responsibility for the administration of justice in their communities;
- to reflect and include Indigenous values within the justice system; and,
- to contribute to a decrease in the rate of victimization, crime and incarceration among Indigenous people in communities with community-based justice programs funded by the IJP.
2.2 Objectives of the Capacity-Building Fund:
The Capacity-Building Fund is designed to support capacity-building efforts in Indigenous communities, particularly as they relate to building increased knowledge and skills for the establishment and management of community-based justice programs. The objectives of the Capacity-Building Fund are:
- to support the training and/or developmental needs of Indigenous communities that currently do not have community-based justice programs;
- to supplement the on-going training needs of current community-based justice programs where the cost-shared budget does not adequately meet these needs, including supporting evaluation activities, data collection, sharing of best practices and useful models;
- to support activities targeted at improved community reporting in IJP communities and the development of data management systems;
- to support the development of new justice programs, paying particular attention to:
- the current geographic/regional imbalance in programming;
- the commitment to develop new programs in the under-represented program models, such as dispute resolution for civil and family/child welfare; and,
- to support one-time or annual events and initiatives (as opposed to on-going projects and programs) that build bridges, trust and partnerships between the mainstream justice system and Indigenous communities.
2.3 Alignment with Departmental and Government Objectives
The IJP is in line with the Department of Justice’s strategic outcome to provide a fair, relevant and accessible Canadian justice system. As the Government of Canada’s only community-led Indigenous justice program, the IJP will be instrumental in supporting the Minister in addressing the gaps in services and increasing use of restorative justice processes. The IJP aligns with the Government of Canada’s priority to “work co-operatively to implement recommendations of the Truth and Reconciliation Commission of Canada”.
The federal government holds the policy mandate for Indigenous justice, while the administration of justice is the responsibility of the provinces and territories. The IJP is delivered in a manner consistent with this constitutional division of powers, as this federally-led program funds the establishment and delivery of community-based justice programs in the area of Indigenous justice.
2.4 Expected Results, Performance Measures and Indicators for Monitoring and Reporting
The effectiveness of the IJP will be monitored on an ongoing basis. The program will continue to be evaluated on a five-year cycle.
IJP’s short-term expected results are to provide support to Indigenous community-based justice programs that offer alternatives to the mainstream justice processes and narrow the gaps in services to Indigenous people. The performance indicators that would support these expected results are:
|Performance Indicators (Outcomes)||Performance Measures|
|Increased community capacity to establish and manage community-based justice programs||
3. Eligibility Criteria
3.1 Eligible Recipients
Any of the following may be eligible for grant funding under the Capacity-Building Fund:
- Inuit, Métis, First Nations, bands, Tribal Councils, local, regional and national Indigenous organizations;
- regional/municipal governments including their agencies and institutions;
- non-profit community organizations, societies, and associations which have voluntarily associated themselves for a non-profit purpose;
- provincial and territorial governments; and,
3.2. Eligible Initiatives or Activities
The Capacity-Building Fund is designed to support capacity-building efforts in Indigenous communities, particularly as they relate to building increased knowledge and skills for the establishment and management of community-based justice programs.
Initiatives or activities that are eligible for grant funding under the Capacity-Building Fund include those that:
- support the training and/or developmental needs of Indigenous communities that currently do not have IJP community-based justice programs;
- supplement the on-going training needs of IJP community-based justice programs;
- improve reporting and/or support the development of data collection systems in communities that have community-based justice programs;
- support the development of new Indigenous community-based justice programs, paying particular attention to current geographic/regional imbalance in programming; and,
- support one-time or annual events and initiatives (as opposed to on-going projects) that build bridges, trust and partnerships with the justice system and Indigenous communities.
Based on Departmental priorities and resources, emphasis may be placed on certain eligible initiatives or activities over others.
3.3 Eligible Expenditures
Funds may be used only for expenditures directly related to the activities of the project/program identified in either the original budgetary submission or a subsequent budget approved by the Department. When required, the recipient must budget for audits of financial statements.
Expenditures that are eligible for grant funding under the Capacity-Building Fund include:
- fees and disbursements;
- salaries and Employee Benefit Plans;
- liability insurance;
- fees for professional services;
- rent, utilities, maintenance of offices and other buildings, and taxes;
- office equipment and minor capital acquisitions net of disposal (Less than $5,000 per acquisition);
- insurance on buildings, equipment and materials and fidelity bonds;
- supplies and materials, shipping charges, stationery, postage, printing, licenses and other fees;
- culturally relevant expenditures, including, but not limited to, gifts, community feasts, and ceremonial meals;
- travel and living expenses related to IJP projects;
- computer services, library expenses, research costs and collection and analysis of statistics;
- advertising the availability of IJP project services;
- continuing legal education, training and professional development for staff; and,
- administration costs (limited to no more than 20% of the total value of the funding agreement).
The following expenditures are ineligible:
- costs or debts incurred prior to the effective date of the agreement, unless agreed to by the parties;
- capital costs such as buildings, land and vehicles; and,
- most other major capital costs that are more than $5,000 per acquisition.
4. Funding Applications and Assessment Criteria
4.1 Where appropriate, applications for funding should include:
- name, address, telephone, facsimile number and e-mail address of the applicant's authorized representative(s), and legal status;
- background history of the applicant including its mandate and a description of the programs and services it provides;
- indication of any previous financial support received from the Department including the amount, the purpose of the funded activity/initiative and the results achieved;
- demonstrated links to the objectives of the IJP;
- detailed project/program description including title, identified need, goals and objectives, identification of the target groups (beneficiaries), anticipated impacts, results (service or product) and deliverables;
- detailed project/program budget including: amount requested from the Department, other proposed sources of revenue including in-kind support (if applicable) and a detailed list of proposed expenditures;
- any disclosure of the involvement of prospective recipients who are subject to the Values and Ethics Code for the Public Service, the Conflict of Interest Code for Members of the House of Commons and the Parliament of Canada Act.
- how the project/program will acknowledge the contribution of the Department; and,
- any additional material deemed relevant, as requested by the Department.
4.2 Criteria Used to Assess Funding Applications
Grant funding made under the Capacity-Building Fund will be used to support low-risk, discrete time-limited projects that are to be conducted by a recipient with a proven track record. Recipients will be asked to outline their funding history with the Department as part of the process used to determine the recipient’s eligibility for funding under the grant portion of the Capacity-Building Fund.
In reviewing and recommending applications for funding under the Capacity-Building Fund, the Department will consider awarding grant funding for projects that are of low dollar value and low risk. The assessment will also take into consideration the following factors, where appropriate:
- The Canadian Charter of Rights and Freedoms and criminal law will apply.
- The applicant has demonstrated that the goals, objectives and anticipated results outlined in their application can be met;
- The applicant has demonstrated that their application links to the objectives of the IJP; and the specific objectives of the component from which it is requesting funding.
- The costs of the application reflect the specific circumstances of the community, including remoteness, available infrastructure, etc.;
- The applicant has demonstrated how their project/program links to other programs and services in the community;
- The project/programs is distinctive from on-going implementation of a governance agreement; and,
- The applicant has provided all additional material deemed relevant and requested by the Department.
5. Method to Determine the Amount of a Grant
Grant funding will be determined based on estimated expenditures submitted by the recipient and the availability of funds. The Department will evaluate if proposed costs are reasonable. The amount recommended will be determined based on an assessment of: recipient need, reasonableness of costs and capacity to achieve results.
6. Total Canadian Government Funding and Stacking Limits
When reviewing proposals, Departmental officials will ensure that grants made under the Fund will not cover expenses already covered through another federal funding program or strategy. When applying for funding, applicants will be required to indicate what, if any, other funds a project is expected to receive. Total government assistance (TGA) (federal, provincial and municipal assistance for the same eligible expenditures) will not exceed 100% of eligible expenditures. This stacking limit must be respected when funding is provided. In the event that the actual total Canadian government funding to a recipient exceeds the stacking limit, it will be necessary for the Department to adjust its level of funding (and seek reimbursement, if necessary) so that the stacking limit is not exceeded. The Department will require all potential recipients to disclose all sources of funding.
The federal government may cover up to 100% of the eligible expenditures for the Capacity-Building Fund.
7. Maximum Amount Payable
Grants under the Capacity-Building Fund shall not exceed $20,000 per year, per project.
8. Basis of Payment
Where appropriate, payments to grant recipients will be made in instalments, in accordance with the Treasury Board Policy on Transfer Payments (October 1, 2008).
In the event that a recipient receives more funding than anticipated from other sources, it may be necessary for the Department to adjust its level of assistance. The Department will negotiate specific terms of repayment to suit the particular capacities and concerns of recipients within the context of the Treasury Board Policy on Transfer Payments. The Department is accountable for ensuring that reasonable recoveries are made.
10. Monitoring and Reporting Mechanisms
Recipients may be required to submit confirmation that project activities have been completed. Grant results may be used to support the IJP’s performance management strategy and departmental reporting.
11. Official Language Minority Communities
All materials and services for applicants and recipients are available in the official language of their choice. The program will ensure that all necessary measures are put in place to support the development of official language minority communities in Canada, as well as to promote the full recognition and use of English and French in Canadian society.
Applicants will be required to provide information on whether the project/activity will lead to services being provided in both official languages and the impact the project/activity may have on official language minority communities. Recipients receiving funding will be required to respect the spirit and intent of Canada’s Official Languages Act when providing services to the public as part of a funding agreement.
12. Intellectual Property
Intellectual property created by a Recipient under a transfer payment normally remains with the Recipient. A standard clause will continue to be included in the contribution agreement, which provides the Minister with a royalty-free, permanent and exclusive license to produce, reproduce or publish, in any way, the original work or an adaptation, in any language, for use within the federal public service and for non-commercial distribution. In the event that shared rights are negotiated with the Recipient, the understanding will be articulated in the transfer payment agreement.
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