JustResearch Issue 15
Programs in Profile(cont’d)
Aboriginal Courtwork Program
Stephanie Dulude, Policy Planning Directorate
The Aboriginal Courtwork Program is an ongoing justice program cost-shared with provincial and territorial governments through contribution agreements. The Aboriginal Courtwork Program seeks to ensure that Aboriginal people charged with criminal offences receive fair, equitable, and culturally sensitive treatment by the criminal justice system. All Aboriginal (First Nation, Inuit or Métis) people in conflict with the law are eligible for Courtworker services regardless of status, age or residency.
History of the Aboriginal Courtwork Program
The Aboriginal Courtwork (ACW) Program began as a community- initiated program in the early 1960s to address the unique justice challenges of Aboriginal people. Several studies had revealed the particular challenges faced by Aboriginal persons charged with criminal offences: a sense of alienation from the administration of justice in Canada, a feeling of futility, and a very limited knowledge of their rights and obligations, of court procedures and of the resources available to them. The Aboriginal Courtwork Program was implemented to address these issues and to ensure that Aboriginal people were not just pleading guilty to get out of the process, without understanding the consequences of their decision. Additionally, justice system officials often failed to understand Aboriginal culture, tradition, language and issues.
Federal financial support began in 1969 and by 1978 the ACW Program became an ongoing program cost-shared between the federal and provincial/territorial governments. In 1987; the program began providing services to Aboriginal youth
How Aboriginal Courtwork Services are Delivered
The ACW program is provided through the collaboration of service delivery agencies, provinces and territories, the federal Department of Justice and the Tripartite Working Group.[49] The Aboriginal Courtwork Program currently operates in eight provinces (all but P.E.I. and New Brunswick) and in allthree territories. Service delivery agencies provide direct services to the Aboriginal accused through contracts with provincial and territorial governments. In all but three jurisdictions, service delivery agencies are Aboriginal organizations that are accountable to their communities and, where applicable, to their boards of directors and Aboriginal government organizations.
What Aboriginal Courtworkers Do:
Aboriginal Courtworkers work within the mainstream justice system to increase access to justice by ensuring Aboriginal people charged with an offence receive timely, accurate information throughout the court process, provide referrals to appropriate legal, community justice and social programs and facilitate communication between the accused and criminal justice officials.
This is achieved through providing information to any Aboriginal person (adult or youth) charged with an offence at the earliest stage and throughout the criminal justice process on:
- the nature and consequence of the charge(s);
- their rights, responsibilities and options under the law (but not legal counsel), including alternative justice processes if available; and
- the various plea options to the accused and to inform them of the consequences of each option in order for them to make an informed decision about how to proceed.
- the legal, social, medical and other resources available in their community to enable them to address the underlying problems that may contribute to their charges.
Post-sentencing, they provide information on the disposition or direction given them by the court or community.
Aboriginal Courtworkers also provide information and advice to new alternative/community justice programs;
- assisting criminal justice personnel to become familiar with non-custodial sentencing options;
- building community capacity to identify and address problems;
- supporting alternative/community justice programs by taking on a "gateway" function to refer clients to the program as appropriate, and participating to a limited extent where no conflict of interest exists; and,
Serving as a “bridge” between criminal justice officials and Aboriginal people and communities to help overcome communication barriers, Aboriginal Courtworkers:
- Maintain communications and collaboration with criminal justice personnel at all stages, and helping the accused speak for him/herself before the court and with various justice system personnel.
- Provide appropriate information to the court; and
- Inform justice officials about the cultural traditions, values, languages, socio-economic conditions, and other concerns of the Aboriginal community and the perspective of Aboriginal accused. In particular, this includes providing counsel and the judiciary with information on systemic, community, family and other background factors as well as particular circumstances affecting the accused, prior to a sentencing decision. It can also include contributing to pre-disposition/pre-sentence reports.
Evolving Role of Aboriginal Courtworkers
In 2005-2006 Aboriginal Courtworkers served over 60,000 clients who had charges and were going through the criminal justice process. The Aboriginal Courtwork Program through experience and ongoing innovation is able to provide a wide range of services to the “Aboriginal Accused” for a federal investment of less than $100 per client. According to 2005-2006 performance measurement data, Administration of Justice Offences is overwhelmingly the largest category of offences for which Aboriginal Courtworkers provide services. This illustrates the importance and efficiency of the Program in its capacity of providing comprehensive and timely information.[50]
The impact of R. v. Gladue and other sentencing principles in s. 718.2 of the Criminal Code of Canada is significant for Aboriginal Courtworkers who are routinely being asked to provide information about their clients to the courts upon sentencing.
Aboriginal Courtworkers play a different role in urban centers compared to rural centers. In some communities court workers are the only resource available for those with summary charges. In some smaller remote communities the Aboriginal Courtworker is the only community contact the Aboriginal accused has to the criminal justice system.
Because Aboriginal Courtworkers are uniquely placed in the justice system and in their communities, they are becoming increasingly involved in community-based approaches and in working with service partners to address the needs of their clients. A well resourced Aboriginal Courtwork Program is uniquely positioned to provide the necessary information to both the accused and the criminal justice system to increase access, efficiency and understanding.
- Date modified: