Aboriginal Justice Strategy, Summative Evaluation
Appendix B:
Summary of Case Studies
The following provides a summary of the main themes from the case studies that were conducted in support of the evaluation. In examining the case studies, there were a number of themes that emerged from the qualitative data collected. This appendix includes only those themes that were evident in five or more of the cases examined, as well as some other observations made by the evaluators. The separate case studies report should be reviewed for more details on each particular case examined as part of the evaluation. Contributions to the photovoice exercise are provided throughout this summary to illustrate the findings and observations that are made.
4.1 Program impacts
Victims
A common theme from the case studies was that victims can benefit from their involvement with the programs because they are given a voice in the process. In cases where victims have a role in the program, they are provided with an opportunity to face their offenders and clear the air. This is especially important for those cases where the victims and offenders live in small or isolated communities. For example, interviewees described how the Pangnirtung Justice Committee, which serves the Hamlet of Pangnirtung in Nunavut Territory, has an important role in bringing victims together with the offender. As one person said,
“Through the justice committee, the offender can apologize to the victim. You never see them do that in court.” Victims are also provided with a means of better understanding the offenders, the offenders' background, and the circumstances that led to the offence.
Offenders
There were also some common themes related to the impacts that the programs are having on offenders who participate in them.[29]The focus of most of the programs in the study is on the person, not the offence, and on healing and restoring harmony between the offender and the community. The programs attempt to look at an offender's history and background, thereby attempting to get to the core of the issue with a holistic view of the offence. In the case of the Community Council Program administered by Aboriginal Legal Services Toronto, for example, it was noted by one person that the entire proceedings of the Council can go by without anyone even discussing the offence, instead only discussing the root causes that lead the person to it. The following photovoice contribution from a person involved with the Tsuu T'ina Nation Peacemaker program was indicative of the sentiments of participants from many of the different cases:
“Freedom. I found that people who I know who've gone through the court system in the city… it doesn't help them… the exact details don't come out in court. Native people know what we go through. [With the program], we're able to get to the core and get people on the right track to healing. You can see the impact on people and their families.”
Offenders can take responsibility for their actions in a forum that focuses on maintaining family ties and community connections. They can learn from their mistakes and give back to their community. Offenders involved with the study also note that the programs are beneficial because they can avoid having a criminal record and avoid incarceration—the latter being one of the main objectives of the AJS. One photovoice participant from the Haida Gwaii Restorative Justice Program reflected on the impact of this particular program on her:
“This is a picture of an empty cell in the jail up town. With the program, I didn't end up there.”
Community
The evaluators noted evidence of a number of benefits that the programs are having on the communities they serve. For one, they help re-establish connections between the offenders, the victims, and the community. They also help open up communication and provide a forum for dialogue between people affected by either an offence or another issue brought to one of the programs. This forum for communication would not generally be available through the mainstream justice system. The subsequent photovoice contribution from a participant from the Meenoostahtan Minisiwin Program illustrates the importance of community and the role the community has had in helping her:
“This is a group learning about healing in their community. They are passing on the Elders' teachings. The community needs these resources and support… I'm glad I went there. It lifted me up and took all those things off my shoulders I didn't need anymore.”
The programs also have a role in building strong communities. In many of the cases examined, regardless of the program model used, the impacts of the program extend beyond the principal participants. By sharing their own experiences in a circle, other people involved in the resolution of an offence, such as justice committee members, family members, and Elders, are also provided with a means of healing. The programs help community members have a say about justice in their community by involving them in the process. The role of the programs in helping children and youth is also evident. As one person involved with the Aboriginal Justice Program of the Mi'kMaq Confederacy of PEI Inc. said,
"Keep the Circle strong' is one of our sayings. To raise one child, it takes a whole community."
4.2 Elements of a successful program
Three main factors have contributed to the success of the programs included in the study: having skilful and dedicated program coordinators, involving the community in developing and running the program, and basing the program on the values, culture, and teachings of those people it serves while meeting AJS objectives.
Program coordinators
Program coordinators have an essential role in developing and marketing the program, building support among community members and stakeholders, and fostering links with other agencies. Interviewees noted that a successful and well-respected program coordinator is dedicated, optimistic, discrete, and generally cares about the well being of the program's clients and the community the program serves. An interviewee discussing the coordinator for the Métis Family and Community Justice Initiative provides an example of the high regard held for many of the people in this role:
“[The coordinator] is very good at what she does. She gives victims a voice and helps the offender really understand what he's done. She has a lot of patience.”
In some of the smaller communities in particular, the justice program coordinator may have many different roles and responsibilities in the community. For example, in one of the communities, the coordinator is also Chief of Council while, in another, the coordinator is also a Justice of the Peace. While these multiple responsibilities mean that there are many demands upon the time of the program coordinators, it also provides them with many valuable links to different parts of their community.
Community involvement
In a number of the cases, the capacity to achieve program objectives is enhanced when the program is owned by the community and the people it serves. This includes consulting community members and Elders during the program's development and seeking consensus and support for program changes so that “the community members feel it is their program.” While there is a need for program objectives to align with the overall objectives of the Strategy, it is important for the community to define success in its own terms and to take the time that is necessary during the development phase of the program. As one person stated,
“it is important to give programs time to do proper development and respond…that is, to be implemented and start demonstrating results.”
One of the case studies, the Aboriginal Justice Program of the Mi'kMaq Confederacy of PEI Inc., is currently in the developmental stage. There is a strong sense among those interviewed that taking the time necessary to develop the program is essential to ensure the program's success.
Traditional values, culture and teachings
Many of the study participants view their program favourably because those programs are based on the traditional values, culture, and teachings of the people they serve. An interview respondent involved with Qwi:qwelstóm, the Stó:lō Nation Justice Program, illustrated their views:
[The program] is spiritual and that is our culture; it's been here for thousands of years and it is what (our ancestors) have always used. Since residential schools, it has been put away but now it is being brought out again. We don't point fingers and we don't lay blame; it is not the person who is bad, it is what they did that was bad…that thing can be put aside and we can deal with the person and help them on the right path.
The programs provide a means of resolving conflict that is more familiar to the participants because the programs are based on the traditional values, culture, and teachings of the people they serve. The process followed by the programs for resolving conflict is more aligned with their views on justice and, in some cases, can be available in the participant's language of choice. It was common for the participants to see their programs as not only a means of resolving conflict and restoring harmony but also as a means of reclaiming their traditional forms of justice.
4.3 Challenges encountered
Historical challenges
The historical challenges faced by many of the Aboriginal communities have been well documented: poverty, family violence, housing shortages, drug and alcohol abuse, unemployment, and residential school experiences.[30]These were noted in most of the case studies as challenges for the community-based justice programs. It is not the intention of this report to delve in-depth into these issues, however, the historical experience of Aboriginal people in Canada has direct impacts today: “the past is more than something to be recalled and debated intellectually…it has important contemporary and practical implications, because many of the attitudes, institutions and practices that took shape in the past significantly influence and constrain the present.”
[31]
While the people involved in the study discussed these historical challenges in detail, photovoice participants from almost all of the case studies identified alcohol and drug abuse as significant challenges in their communities and, by extension, for achieving justice, harmony, and balance in their communities. As shown in the next photovoice contribution, the participants also linked substance abuse with broader community issues such as depression, violence, poverty, and vandalism:
“We see a lot of the negative activities such as alcohol abuse, graffiti, and drug use.”
Resource levels
The amount of funds available to the programs continues to be an issue; especially the lack of funds to hire additional staff. Interviewees also tended to discuss how they do not generally have enough paid and volunteer human resources. Programs are having difficulty attracting and retaining qualified staff and volunteers, especially in smaller or isolated communities.
The need for funding to acquire meeting space was also identified. In smaller communities, the programs often share office and meeting facilities with other organizations. Sharing space makes it difficult for the programs to maintain a level of confidentiality with their clients.
This study did not conduct a thorough assessment of the funding requirements for the programs; however, this could be a beneficial focus of future research.
Training for program staff and volunteers
Also related to funding levels, interview respondents discussed how they would like to have more funding available to train and develop their staff and volunteers. Some programs are able to provide training and professional development to their staff members and volunteers. Others, however, do not have the resources or capacity to provide training on an ongoing basis.
Lack of support
For many of the cases, interviewees perceived a lack of support among police agencies and Crown Counsel for their programs. This was attributed, in part, to the high level of turnover among police and Crown Counsel, which is often every two to three years. There is also a belief that there may be a low level of awareness among these officials of the programs and the alternatives they provide to the mainstream justice system.
The level of support among police agencies and the Crown for community-based justice programs is a critical factor for their success. This support is most important for those programs that rely on referrals from these groups. The level of support among police agencies and the Crown for the community-based justice programs, and therefore their likelihood of referring cases, seems to depend on the following factors: their awareness of the program, their past experiences with restorative justice or similar programs, their original thoughts about the efficacy of alternative measures, whether they view the program as credible and well managed, and their perception of the types of offences the program is capable of handling (i.e., more serious offences).
4.4 Additional observations
Federal government support
The information gathered during interviews and informal discussions during the site visits points toward a strong desire among community members for the federal government to have a role in funding the programs.
Access to additional resources
Access to resources is important to the success of a program. Programs located next to the services and resources of larger urban centres seem to have an advantage in attracting and retaining staff and volunteers. These programs also have access to additional resources to help their clients, such as addictions treatment and mental health counselling.
The programs included in the study were diverse
The case studies confirmed the evaluators' initial assumption that the programs served by the AJS vary greatly. Although the delivery of AJS is national in scope, the programs funded under the strategy vary greatly in terms of their model of delivery, the clients and communities they serve, and the traditions on which they are based. Accordingly, the cases examined support the notion that attempts to standardize these types of programs should be discouraged.
Views of “justice” vary significantly
The evaluators identified differences in how the participants in the study define “justice.” Most of the interviewees and primarily program coordinators, tended to view justice in one of three ways: as relating to Criminal Code offences where there is a victim and an offender, in ways more aligned with the teachings and traditions of the particular community, or a combination of these views. Some viewed their more traditional justice systems working collaboratively with the mainstream system, while others viewed the links between their program and the mainstream system as a “stepping stone” to reclaiming traditional forms of justice.
The photovoice exercise participants, however, tended to view justice in a broad historical and social justice context. In many of the communities included in the study, there is no equivalent word or concept in their language comparable to the mainstream or western understanding of the term. In their view, justice is about more than just the offence. It is about restoring harmony in their communities and can also be linked to broader community goals of restoring cultural traditions and values. Most of those participating in photovoice were “regular” members of the community, that is, with no formal legal training or experience and peripheral links to the program. In many of the communities, the participants were program clients. The photovoice contributions below show some of the different ways participants view justice:
“There is a big difference between the police and justice. Justice for me equals getting understanding and growth. Knowing the answers helps you figure things out. You know what questions to ask.”
“Just looking at the mountain and nature brings to mind justice to me. The mountain symbolizes to me that our ancestors are watching over us; that's what keeps us ‘in line.' Revitalizing our teachings helps us spread justice throughout our community.”
The views of the photovoice participants about justice should be noted by the department as it continues to administer and evaluate the AJS. These participants for the most part represent the intended reach of the strategy: people residing and living in Aboriginal communities. Therefore, the programs directed towards them should be aligned with their views about justice. While programs must contribute to the broad objectives of the AJS, it is also important to ensure there are mechanisms in place that allow the AJS funded programs to participate in defining program success in a manner that is aligned with the communities' views about justice.
Results of the photovoice pilot
As a pilot project, the evaluators feel this methodology was successful. Participants were open to the photovoice process and the combination of stories and photos helped to illustrate the impacts that the aboriginal justice programs are having within the communities. As intended, photovoice enabled the evaluators to perceive the world from the viewpoint of the community members—those who are most involved and impacted by the community-based justice programs.
Use of participatory evaluation techniques
As mentioned, the photovoice approach is considered a participative research methodology. Participative methodologies generally involve the participants voicing their ideas on the issues and concerns that are important to them. The information gained through the research is then shared with the people and communities who participated in the study. Participatory and community-based research is viewed as being most appropriate for Aboriginal communities:
Because of the decimation of Aboriginal communities through colonizing practices historically, there is a tendency in the Aboriginal research culture to favour community-based research as a way to bring communities back together.[32]
Many of the program coordinators who participated in the study voiced a level of mistrust for more conventional evaluation approaches, particularly those that rely heavily on quantitative data. There was also some reluctance on their part to participate in projects that take information away from the community without sharing the results with those who participate and contribute to the project.
Given the positive response to the photovoice pilot, which was a more participative and community-based approach, future evaluation plans for the AJS should seek to further integrate more participative research approaches to complement more traditional evaluation techniques.
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