The Nunavut Court of Justice - Formative Evaluation
1. Introduction
1. Introduction
1.1. Evaluation Context
1.1.1. Purpose and Scope of the Evaluation
As part of the establishment of the Government of Nunavut, the evaluation of the unified Nunavut Court of Justice (NJC) is a Treasury Board commitment. A formative evaluation, to be a joint federal/territorial evaluation of the Nunavut court system, began in 2004/05.
There are two major objectives for the evaluation:
- To provide the Government of Nunavut Department of Justice, the NCJ and the Department of Justice Canada with an assessment of the implementation and results of the NCJ; and
- To provide input on whether any adjustments to legislation or processes might be beneficial to improve effectiveness.
The evaluation provides information and analysis on the implementation of the NCJ, the results of that implementation, and possible ways to improve effectiveness. The evaluation does not assess the judicial decisions of the Court.
Two overall themes were addressed in the evaluation. The first could be called process issues. Generally, these issues concern the operations of the Court with respect to such matters as changes in case-processing time. The second type concerns innovation issues. These issues are linked to the "broader picture" of justice in Nunavut – the aspects of Nunavut justice that enable the formal system to work together with the more informal, community-based system. The two systems are not separable, and personnel working within both see that the success of one will depend, in part, on the flexibility and effectiveness of the other. Both process issues and innovation issues reflect the ideals espoused at the creation of Nunavut and the NCJ.
1.1.2. Intended Audience
The evaluation provides insights that should assist both in its day-to-day operations, as well as in its broader aims of providing accessible, culturally relevant justice to all communities and residents in Nunavut. In this sense, the Nunavut Court of Justice and the Nunavut Department of Justice will find the evaluation results useful. The Government of Canada will be informed by the evaluation in view of its responsibility for the Nunavut Court of Justice as a federally mandated Court. Finally, other Canadian jurisdictions may view the findings with interest insofar as they address the operation and effectiveness of the country's only unified Court, as well as ways to provide accessible justice in remote Aboriginal communities.
1.2. Evaluation Issues and Questions
The following key evaluation issues were included in the terms of reference and guided the study:
- Are there barriers/challenges or gaps that should be addressed in order to implement the NCJ as planned? If so, how should they be addressed?
- Are the necessary elements in place to achieve the intended results of the single level Court?
- Are there adequate processes and systems in place to plan, implement and coordinate activities?
- To what extent has the information management strategy been implemented?
- Are resource levels sufficient for successfully implementing the single level Court?
- Have there been any unintended impacts of the Court, either positive or negative?
- To what extent have the intended results of the NCJ been achieved?
- How does the efficiency and accessibility of the one-level Court system compare to the two-level Court system?
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