Management Response and Action Plan

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Evaluation Report Title: Evaluation of Youth Justice Initiative

Approval Date of Evaluation by Deputy Minister (mm/yyyy): March 2021

Recommendation 1:

The Policy Implementation Directorate (PID), in consultation with its provincial/territorial partners, should explore the merits and consequences of expanding the current Part C (exceptional cases) offence eligibility criterion to include applications for youth who have serious mental health issues but have not met the serious offence criterion.

Rationale for Recommendation:

There is consensus that youth in the justice system have increasingly complex mental health and addictions issues. While the Intensive Rehabilitative Custody and Supervision (IRCS) funding addresses the assessment and treatment needs of youth who have committed serious offences, a number of youth require similar attention, but have not met the threshold of a serious offence.

Management Response:

We agree with the recommendation.

PID is aware that a number of PT members have raised issues around the eligibility criteria for Part C funding as set out in the IRCS Funding Agreement, which are perceived as being too restrictive.

At the same time, Part D budget has been eroding significantly over the last few years due to an increase in the number of Part B and C cases as well as the increase in the Part C daily allowance implemented in the last funding agreement renewal. Any broadening of the Part C eligibility criteria would further reduce the Part D budget available.

These important trade-off issues will be discussed extensively with the provinces and territories through the FPT WG on Youth Justice Cost-sharing and Programs to inform the upcoming renewal of the IRCS agreement.

Recommendation 2:

The Policy Implementation Directorate, in consultation with its provincial/territorial partners, should review the YJSFP high priority funding areas and update them as required in order to support capacity development to deliver culturally responsive and culturally safe programs for Indigenous and other racialized youth as a way to work towards addressing their over-representation in the Canadian Justice System.

Rationale for Recommendation:

As evidenced in the evaluation, the Youth Justice Initiative (YJI) is funding efforts to enhance culturally responsive and culturally safe programs for youth in conflict with the law. Given the continued overrepresentation of Indigenous and racialized youth in the youth justice system and mandate letter commitment to continue work on the Truth and Reconciliation Commission’s Calls for Action, continued attention in this area is required.

Management Response:

We agree with the recommendation.

A guiding principle of the YJSFP Funding Agreement, as set out in its preamble, is that the federal contribution provided should be spent on the development and operation of youth justice services and programs in an inclusive and non-discriminatory manner that responds, in particular, to the needs of Indigenous young persons and young persons from the French and English linguistic minority communities. In addition, there is a set expectations under Appendix A (c) of the Funding Agreement that such rehabilitative services should include, among other things, programs that address gender, ethnic and cultural differences and respond to the needs of Indigenous young persons and young persons with special requirements.

This expectation is also captured in the Declaration of Principle of the Youth Criminal Justice Act, S.3(1)(c)(iv), where it is stated “that (…) the measures taken against young persons who commit offences should (iv) respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements.”

Despite the above, more efforts are needed to address the continued overrepresentation of Indigenous and racialized youth in the youth justice system. As part of the renewal of the YJSFP Funding Agreement, PID will engage with its PT partners on the need to put greater emphasis on culturally responsive programming as a key high priority programming eligible for federal funding.

Recommendation 3:

The Policy Implementation Directorate with its provincial/territorial partners should further discuss and share innovative practices specific to alleviating program delivery issues and service gaps in rural and remote areas.

Rationale for Recommendation:

Service delivery in rural and remote areas remains a persistent barrier to access programs and services. This is particularly true in areas where there is a lack of capacity and infrastructure.

Management Response:

We agree with the recommendation.

PID is aware of program delivery issues in rural and remote areas and believes that the FPT WG meetings will provide opportunities to not only discuss these issues but also allow PTs to share best practices and promising delivery options that they have implemented in their own jurisdictions, such as web-based, video and phone services. Sharing these options may in turn improve access issues in other jurisdictions.

Recommendation 4:

The Family Law and Youth Justice Policy Section, in consultation with the Coordinating Committee of Senior Officials – Youth Justice (CCSO-YJ), should continue to foster collaborative efforts and improved responses to emerging issues in a timely manner.

Rationale for Recommendation:

Federal-provincial-territorial (FPT) collaboration in the youth justice context is essential to address policy issues of utmost national importance. While FPT collaboration relating to the CCSO-YJ was previously raised as a concern, FPT collaboration has improved over the course of the evaluation period and current Committee interactions are well regarded. While collaboration and progress addressing many operational issues discussed at FPT meetings has improved, certain priorities are not always achieved in a timely manner.

Management Response:

We agree with the recommendation, acknowledge that there are areas for continued improvement in regards to the work of the CCSO-YJ, and have taken a number of recent steps towards improving efficiencies and responsivity in relation to the workings of the CCSO-YJ.

Date modified:

2021-08-18