Access to Justice in Both Official Languages Support Fund

6. Recommendatuions and Management Response

6. Recommendations and Management Response

6.1. Program scope

The evaluation found that, because the Support Fund is limited to criminal law and matters under federal jurisdiction, many needs associated with access to justice in both official languages have still not been addressed.

All recipients were of the view that the Support Fund should intensify its efforts with the provinces and territories for making structural changes and significantly increasing access to justice in both official languages.

Recommendation 1 :

That the Office of Francophonie, Justice in Official Languages and Legal Dualism (the “Office”) broaden its scope to other areas of shared jurisdiction.

Management Response :

Agree. Broadening the Fund's scope to other areas of shared jurisdiction was part of the Fund's initial aim. Given the limited resources allocated to the Fund, the Department opted to focus on certain provisions in the Criminal Code.

Official language minority communities (the communities) have identified priority areas for action, some of which have a justice component. For example, at the Sommet des communautés francophones et acadienne in June 2007, participants emphasized the importance of increasing the communities' capacity to create or strengthen infrastructures, services and activities in various fields, including justice.

Thus, together with its provincial and territorial partners, the Department will explore the possibility of broadening the Fund's scope to other areas of shared jurisdiction (e.g., family law).

Recommendation 2 :

That the Office continues taking concrete action with the provinces and territories to support the delivery of justice services in both official languages.

Management Response :

Agreed. The Department will continue to discuss justice services in both official languages with its provincial and territorial partners and encourage them to submit projects for increasing the provinces' and territories' capacity to deliver justice services in both official languages. Also, potential solutions have already been identified in a report on planning scenarios for the Fund's next cycle. The approaches expressed in that report will guide the Department's actions. The Department will review the possibility of establishing a new coordination mechanism for calling on and engaging government players. The mandate of this new mechanism would be to set the parameters for actions to undertake, report on progress and make recommendations on access to justice in both official languages.

6.2. Anglophone Community

The evaluation found that the Support Fund's lack of visibility in the Anglophone community in Quebec means that it is not reaching that target population sufficiently and is responding inadequately to the community's needs. This finding is partly derived from the limited participation of this community in the work of the advisory committees, which reflects the Support Fund's organizational limits.

Recommendation 3 :

That the Office develops a strategy to support the Anglophone community.

Management Response :

Agree. The Department has supported various projects intended for the Anglophone community through the Fund. The organizational limits of the Anglophone community in Quebec limit the Department's capacity for action in reaching this community, which has specific needs.

Nevertheless, the Department recognizes the importance of developing a strategy for addressing this community's needs.

6.3. Legal Tools and Training

The legal tools developed through funded projects were considered useful or very useful by those jurists who used them. However, most of the jurists questioned pointed out that they either rarely or never used these tools because they are not very or not at all familiar with them. As to training, those jurists consulted indicated that the training on legal terminology and model legal instruments in the minority language was very relevant.

Recommendation 4 :

That the Office develops a strategy pertaining to legal tools and training geared to the current needs of jurists.

Management Response :

Agree. The Department is of the view that the tools are not as well known as desired because they are scattered, not always current or relevant and are occasionally difficult to access.

The Department considers it essential that tools be produced and distributed that address specific needs identified by those involved in the justice system.

During fiscal year 2007-2008, the Department started focusing its efforts on projects based on needs expressed by those involved in the justice system. The Department intends to continue this approach. Also, potential solutions were previously identified in a report on possible support scenarios for the jurilinguistic aspect.

6.4. Funding Application and Project Selection Process

While the Support Fund's selection criteria are connected with the needs identified in the Environmental Scan, they are still relatively broad. On one hand, this means that the Support Fund is able to fund a range of activities dealing with the needs identified. On the other hand, it can lead to a degree of ambiguity regarding what may and may not be funded by the Support Fund. Some applicants who were consulted found it difficult to determine the extent to which their project application met the selection criteria, so they had to contact the Department for clarification.

Recommendation 5 :

That the Office and Support Fund managers set out and communicate the priorities established for the next funding cycle (i.e. 2008/09-2012/13).

Management Response :

Agree. The Department relied primarily on the Environmental Scan for guidance in its funding decisions during the Support Fund's initial years. The pilot projects funded helped identify more specific directions that will guide the renewal of the Support Fund.

The strategies that the Department will develop as part of the Fund's renewal will guide the defining of funding priorities. The priorities will be posted on the Department's web site as of the first year of the Fund's second cycle.

6.5. Performance Measurement System

Using the data collected, this evaluation was able to compile the list of activities and outputs of the Support Fund's various components and determine the extent to which those activities contributed to immediate outcomes.

However, the current performance measurement system does not measure the impact of core funding on the intermediate outcome or the two final outcomes. This information will be vital for measuring the Fund's impact and its contribution to changing the situation since 2002.

Recommendation 6 :

That the Office ensure it has a performance measurement system that measures intermediate and final outcomes.

Management Response :

Agree. Program managers will develop new performance measurement tools for achieving consistent reports. A standardized report will be developed for all funded activities and it will be completed using standardized measurement tools for regular activities such as language training sessions in order to obtain consistent performance information. The Department is also considering conducting case studies for improved measuring of the impact of funded activities. The Department will also consider other approaches with the potential to improve recipients' reporting capacity.

The Department also encourages its employees to take performance measurement training. The Department also provides recipients with support in collecting relevant performance measurement information.

Recommendation 7 :

That the Office and the Evaluation Division explore the possibility of updating the overall picture of access to justice in both official languages prior to or as part of the next evaluation.

Management Response :

Agree. The Department recognizes the importance of the Environmental Scan: Access to Justice in Both Official Languages published in 2002. This report enabled the Department to prepare a profile of the situation in Canada and guided the Department in developing a strategy for implementing a set of mechanisms addressing some of the communities' needs.

Needs are still being identified. The Department will be guided by the studies conducted by its partners and will look at the feasibility of conducting a new analysis of the situation for preparing a better profile of the current situation.