THE ABORIGINAL JUSTICE STRATEGY. Another innovation that appears effective for multi-community arrangements is the careful documentation of: This written information can then be shared across sites and with any new CJWs such that training, best practices and community engagement materials developed in one site can be used in other sites. The Correctional Investigator Canada. Those involved in the six programs that were the focus of case studies, including some community members and program clients, emphasized that the cultural components of the programs are what makes them more effective and relevant than MJS options. As per the Treasury Board 2009 Policy on Evaluation, the evaluation included an analysis of the efficiency and economy of the AJS. In response, an information campaign has been developed and is currently being rolled out at all 52 RCMP detachments across the province through co-presentation by representatives of the RCMP, Nova Scotia Department of Justice, and Mi’kmaw Legal Support Network. In participating communities, there is a recognized increase in community involvement in the administration of justice, directly related to the degree of success in establishing relationships with the MJS. Sources reviewed included Finseth, S. & Peterson-Badali, M. (2015). Evidence from this modest assessment indicates that it has met its goals and objectives in a significant … Another example is a resource database (funded by the Capacity-Building Fund) that provides access to over 650 service providers that have been vetted by the Manitoba Métis Federation, which their staff indicated they can access and refer clients to services much more efficiently than before. The 1% not spent was due to a small number of communities not being able to spend all of their contributions in particular funding streams. CJWs said that this identification often results in more public trust in the administration of justice. Economy is achieved when the cost of the resources that are used approximates the minimum amount needed to achieve the expected outcomes. FPT justice officials were also asked about whether the conditions remained to demonstrate an ongoing need for alternative Indigenous justice approaches. Although there were some methodological limitations (see Appendix D) in the comparative cost analysis, the AJS community-based justice programs are a cost-efficient alternative to the MJS. Aboriginal Justice Strategy Evaluation, Final Report. To the contrary, rising costs and demand for services with stagnant resources are viewed as likely to weaken effectiveness. A number of factors were identified as creating challenges in building good working relationships with the MJS, including high staff turnover (CJWs, police and Crown), insufficient resources to allocate to that aspect of the job, an inherent lack of trust that has to be overcome, a lack of guidance from senior police and Crown managers at the national, regional and local levels to advocate for greater use of alternative programs, and variations in program quality. an independent evaluation to be conducted every three years and tabled in parliament. When a person who is eligible for AJS programs first enters the MJS, he/she has three main ways to access AJS programs: “Community referrals” where community members make self-referrals or are referred by a community agency including schools; “Pre- and Post-charge” referrals which can come from the Crown, police or judges; and “Reintegration” which can come from corrections officials. This paper will begin by contextualizing the Aboriginal Justice Strategy, followed by a brief description and critical evaluation, and will conclude with restorative recommendations for a renewed relationship with the Department of Justice and ultimately the Canadian state. Evidence for this evaluation indicates that there remains considerable room for improvement in having the MJS reflect Indigenous cultural values. Representatives of the FPT justice departments meet periodically as members of the AJS FPT WG. They also provided examples of the importance of community ownership of issues through the use of a healing circle to solve an ongoing long-standing historical conflict between two communities. KIs indicated that they believe cultural relevancy is inherent in the AJS design because the programs are determined and delivered by the communities. This concern was echoed by FPT justice officials, who noted that funding for the programs has increased only modestly, and at times has reduced over the history of the program, in the face of increasing costs and increasing caseloads for some programs Footnote 33. The ongoing failure of the MJS to meet the specific needs of the Indigenous population and acknowledge Indigenous perspectives was noted in the 2005/2006 Annual Report of the Office of the Correctional Investigator Footnote 18. Roles proposed for the Department, in addition to providing support to bolster the existing program or creating new programs to increase reach, included: This outcome is composed of a few elements. Boyce, J. The core objective of this evaluation is to review AJS activities that were funded between 2002-03 and 2006-07 and assess their impacts. January 1, 2011. Are there any emerging needs? In the context of this evaluation, operational efficiency was assessed by calculating the administrative costs associated with the Gs&Cs, and the factors explaining this ratio. The Community-Based Justice Program Fund and the Capacity-Building Fund. Strong leadership has also driven AJA3 over the past five years in the regions. In 2014, the rate of violent victimization among Indigenous women (220 per 1,000 people) was double the violent victimization of Indigenous men (110 per 1,000 people), triple the rate of non-Indigenous women (81 per 1,000 people), and over triple the rate of non-Indigenous men (66 per 1,000 people) Footnote 17. The officers develop relationships with leaders in the communities they serve, receive proposals and submit them to NHQ for approval, and manage the resulting funding agreements. Their programs in that context represent an acknowledgement of this perspective within the MJS response. For instance, under the Community Based-Justice Fund, the United Chiefs and Councils of Mnidoo Mnising Gladue Caseworker Program provides Gladue services for Aboriginal offenders in the Manitoulin District, with the objective of reducing the overrepresentation of Aboriginal offenders in the prison system. Hit 'Back' in your web browser's toolbar to return to the last web page you visited; Appuyez sur le bouton 'Précédente' qui se trouve sur la barre d'outil de votre navigateur afin de quitter la page actuelle et retourner à la page précédente; Vous pourriez également visiter les différentes sections de notre site Web . And of course, in communities without AJS-funded programs, there is reason to believe that the justice system does not reflect Indigenous cultural values. Incarceration and victimization data in specific communities are not known, so comparisons between AJS-supported communities and those with no such programs are not possible. Having a safe and positive environment was also considered an important aspect of Indigenous culturally specific programming. The Elsipogtog Restorative Justice program (ERJP) has been in existence since 2000, funded essentially by the federal Aboriginal Justice Strategy. Six recent AJS-funded programs do provide Gladue-related services. Careers. Among those that do, there is sometimes a reluctance to refer clients to them by the MJS, as outlined in the section on referrals above. Note: Recidivism rates are fitted from the Cox Proportional Hazards Model and are based on the average characteristics of the national sample: number of prior drug convictions (mean=0.2), number of prior violent convictions (mean=1.2), number of prior non-violent convictions (mean=2.1), and age (mean= 30). The first section of the report evaluates and assesses strategies aimed at reducing the number of Aboriginal people arrested, charged and placed in police custody. Police reported housing stability to be very important (89%), whereas it was considered less important for Crown representatives (57%). Although a systematic comparison with other federal Gs&Cs programs is beyond the scope of this evaluation, the $0.06 in administrative costs per dollar of Gs&Cs, the resulting efficiency ratio, is modest considering that the components of the two Funds involve a significant amount of interaction with funding applicants and recipients to process and monitor the Gs&Cs Footnote 43. Where the programs are not as advanced (often when they lack resources from their communities and rely solely on AJS funding), MJS recognition and referrals are less frequent. One of the strongest variations in views between CJWs and police representatives was the perception among CJWs of the prevalence of discrimination against Indigenous people in the MJS – few police identified this as an issue. Tending the Fire Evaluation and Evaluation Framework. Recommendation 4: That the Indigenous Evaluation Strategy reflects Aboriginal and Torres Strait Islander organisation’s understandings of effective service delivery and evaluation. This could be due to a number of factors, such as the need to increase access to cultural services and Elders and a lack of cultural understanding on the part of the MJS. Program descriptions reviewed by policy and regional coordinators. It discusses the policy context relating to the Strategy and describes its program logic, management structure and financial resources. Between 2000 and 2010, total community-based justice funding increased gradually from close to $6 million to almost $12 million, but since then it has remained the same or has diminished. KIs pointed to the fact that the AJS FPT WG is not part of the Department’s structure of committees of senior officials, and therefore has no effective mechanism through which to move its ideas forward or make decisions. Evaluation Issues Evaluation Questions; Relevance: Continued need for Aboriginal Justice Strategy (AJS) 1. Post-sentencing costs were also excluded as no data on how sentencing differed between AJS program participants and offenders in the MJS was available. Indigenous people continue to be overrepresented as offenders in the MJS, including both the provincial/territorial and the federal correctional systems. These are the ideals expressed by our Aboriginal partners that this Agreement and subsequent AJAs will contribute to over a generation, along with broader government and community sector efforts to continue to build on community strengths and enable Aboriginal people to realise their full potential. The Supreme Court expanded recognition of these factors in its Gladue ruling Footnote 30. In this context, the AJS’ administrative cost ratios are deemed acceptable. Approximately 9,000 clients (offenders, victims, and other community stakeholders) are referred annually to AJS programs from over 750 communities across Canada, including urban, rural and northern communities, both on- and off-reserve. Crown and police representatives were less positive about how culturally appropriate the existing programs were: only 33% of Crown representatives and 21% of police force representatives felt that the community-based justice programs were helping address the issue of a lack of culturally appropriate services and supports for Indigenous people. It has the added benefit of providing the Department as a whole with presence on the ground and a center of regional expertise that the Department can draw on. In 2015, Indigenous issues, use of restorative justice, and reducing incarceration became greater priorities and, by extension, the role of the AJS. For example, KIs and survey respondents indicated a host of emerging justice needs, which could be addressed by the AJS: Together, these indicators suggest that there is a substantial number of communities looking to address overrepresentation through alternative community-based justice programs. A few police/Crown survey respondents indicated that if they knew more about the programs or if the programs covered more offences or provided more services for different types of offenders, they would be more likely to refer individuals to the programs. Evaluation of the Aboriginal Justice Strategy. Additional community-based justice program costs were also excluded. First Nation Housing Evaluation Case Studies. The previous administration was committed to promoting justice, in particular by supporting victims. This outcome is premised on the belief that putting in place locally delivered programs and services will result in communities having greater control over the administration of justice for their people, within the limits of the Criminal Code and sentencing legislation. Salary expenditures adjusted to include only those associated with the management of Gs&Cs. The Saskatoon Tribal Council program also uses a coordinator to develop and share resources across all communities it covers, which is considered cost effective. Meeting the Needs of Aboriginal Youth in the Ontario Justice System: A Qualitative Investigation, University of Toronto, p. 105; Clark S. (2015). Using this formula, the present value of the cost savings per AJS-funded program participant over the eight years following program participation was $660 Footnote 48, while the cost savings achieved the year of program participation was $1,604 Footnote 49, for a total present value of savings of $2,264 Footnote 50. The AJS has been evaluated four times in the past, with the last evaluation in 2011. From the sources of information for this evaluation, a number of practices were identified as having potential to improve the ability of communities to successfully administer alternative justice processes. Planning for Self-Determination, Alberta On-Reserve Shelters United. The evaluation included a survey of police and Crown serving Indigenous communities (often not exclusively). Aboriginal flag. The NCCABC provides … January 1, 2009. The study was based on data from 69,230 organizations in Canada. Government of Canada, Action Plan to Address Violence and Violent Crimes Against Indigenous Women, 2014. The evaluation did not have access to definitive information in this regard, but the recidivism analysis, the survey of Crown and police and a separate survey of CJWs all help shed some light. This was even more pronounced for Indigenous women who accounted for a higher proportion of female admissions to provincial/territorial sentenced custody (38%) and federal sentenced custody (31%) than did Indigenous males (24% of provincial/territorial and 22% of federal admissions). Final Report. Documents reviewed for the evaluation indicate a continued need for the AJS. http://justice.gc.ca/eng/rp-pr/cp-pm/rpp/2016_2017/rep-rap/p3.html, AJD SOP CHAPTER 1 - Program History and Context, p.2. Source: Sharpe, D. A portrait of Canada’s charities: the size, scope and financing of registered charities. Many residents of communities with access to community-based justice programs do not access those services because referrals do not take place. As part of the impact evaluation of the AJS, we would like to seek your input regarding the relevance and performance of the AJS. The first Victorian Aboriginal Justice Agreement (AJA1 2000-2006) was developed in response to recommendations from the 1991 Royal Commission into Aboriginal Deaths in Custody and subsequent 1997 National Ministerial Summit on Indigenous Deaths in Custody. Council of Yukon First Nations: The Gladue Training and Mentorship Project supports the Yukon Community Justice coordinators and courtworkers to gain skills and knowledge of the Gladue principles and practices, and to assume greater responsibility for providing the courts with Gladue Reports. If they are not making referrals, access to the AJS programs would be severely restricted. In that same community and at Kwanlin Dun, a reserve-based court is being negotiated so that all related programs and services can be directly tied to the formal court process. Gladue-related Capacity Fund projects in the evaluation period include: Although these projects provide evidence that some Gladue-related services are being developed and implemented, according to KI respondents and case study observers, they represent exceptions to the norm. As the strategy we were evaluating was about Aboriginal health consumers and community members, we recognised early that they themselves would best have the experience and legitimacy necessary to guide our review. Corrections & Aboriginal Justice. A monitoring and evaluation strategy will be developed that aligns with the outcomes framework, and will focus on: monitoring and measuring outcomes that reflect Aboriginal values and measures of success improving Aboriginal justice data collection, which is essential for establishing an evidence-base and securing funding for AJA initiatives Total discounted cost savings per participant, using a discount rate of 8%. Service Standards for Departmental Funding Programs include the following: acknowledgement of receipt of proposals, within 7 calendar days; official written notification of the funding decision, within 120 calendar days of the Program's receipt of proposal; and payment processed within 28 calendar days after the completion of the requirements outlined in the contribution agreement or the grant letter. The limited funding available for capacity building is one of the factors contributing to this gap. In support of this initiative, “RJ icons” are being installed in all RCMP car desktops to provide immediate access for officers to information on restorative justice policy, procedure and contacts. Description of the Aboriginal Justice Strategy. Additional Victorian Government action includes a strong focus on reducing the over-representation of Aboriginal children and young people in the justice system, primarily through an Aboriginal Youth Justice Strategy, which is in the early stages of development. Regional staff also have direct linkages with service providers, allowing AJS to have a regional and local perspective, including awareness of unique regional and community realities. Tending the Fire Evaluation and Evaluation Framework. A key message from CJWs is the importance of broad community engagement in designing and maintaining community-based justice programs, and that this derives primarily from promoting recognition of offences as a community problem rather than an individual one. Statistics Canada (2015). Footnote 11. Indigenous adults accounted for 26% of admissions to provincial/territorial correctional facilities and 22% in federal facilities in 2014-15, while representing 3% of the Canadian adult population. The total number of criminal cases processed in courts in 2013-14 was then projected for 2014-15 ($393,295). The Saskatoon Tribal Council has found it effective in the past to have a presence at court to quickly identify and approach potential clients, thus decreasing reliance on referrals from MJS representatives. In 1988, Aboriginal leader, J.J Harper, was killed in a confrontation with a police constable. Moving Forward! ($660 + $1,604 = $2,264). The AJS is managed by the Aboriginal Justice Directorate, a component of the Department of Justice Programs Branch. However, the decrease was not as pronounced as non-Indigenous youth (45% compared to 54%). Correctional admissions data also demonstrate a disproportionate number of Indigenous youth (ages 12-17) entering the system Footnote 8. Previous Page; Table of Contents; Next Page; APPENDIX C: Case Studies Group Session Methodology. Our Campaign is led by our Aboriginal and Torres Strait Islander leadership including the National Health Leadership Forum (NHLF) and the Campaign also supports the NHLF submission to the Productivity Commission. The table does not include admissions where the Indigenous identity was unknown. What Aboriginal peoples have long sought in the justice system – an approach that integrates Aboriginal views of justice and reconciliation – is having a positive impact for Aboriginal communities as well as for individual offenders. The literature also suggests that efforts through the Youth Criminal Justice Act and Gladue Footnote 12 guidelines have not had the intended effects. Through collaborative efforts from the MJS and the program, the two communities were brought together to implement restorative justice frameworks. Aboriginal people have long experienced disproportionately high rates of arrest, conviction and incarceration relative to their representation in the population.That disproportionate contact with the jus… If the full allocated resources could have been expended, the efficiency ratio would have been 0.15. Table 6 below shows the annual comparative figures for each year after program completion up to eight years. Meeting the Needs of Aboriginal Youth in the Ontario Justice System: A Qualitative Investigation, University of Toronto, p.2. Importantly, the RCMP has committed to a percentage increase year-over-year in pre-charge diversion rates, starting in April 2016, to be monitored through to March 2019. It is agreed that the RCMP will be piloting activities in the communities of Dauphin and Winnepegosis, Opaskwayak Cree Nation, and Pine Creek First Nation. As indicated in the table, most of the unspent funds were taken from salaries ($3.3M spent vs. $7M allocated). Applications to the Capacity-Building Fund from communities both with and without an AJS-funded program have been steadily well above available funding year after year. 1 (December 2006) – Participation of Aboriginal people in the MERIT program: Main findings Crime Prevention Issues No. View submissions and brief comments. The project will have three main components. The costs of AJS-funded programs were calculated based on the amounts allocated from the Department and cost-shared contributions from the provinces and territories for the 2014-15 fiscal year. Frequent turnover among CJWs (especially frontline staff) is seen by most observers as an inevitable consequence. An important context for this examination is the realization among many justice officials at all levels of government and in Indigenous communities that overrepresentation is a problem requiring a multi-faceted solution. Aboriginal Justice Strategy Summative Evaluation Inventory of Interview Questions. Individuals participating in AJS-funded community-based justice programs were found to be about 40% less likely to reoffend than offenders who were referred but did not participate in the programs. Treatment Centre Feasibility Study (strategic planning research) January 1, 2010. Opening Prayer/Welcome . The AJS has not been able to offer the funded communities this kind of stability. Description of the Aboriginal Justice Strategy - Aboriginal Justice Strategy, Summative Evaluation. Other important factors included having positive relationships with CJWs, having strong support from others, demonstrating maturity/motivation, as well as having a safe, positive environment. The evaluation found that because most referrals to these programs and services come from police and court officials, decision-making authority still rests with those making the referrals. Canada’s commitment to supporting Indigenous communities is also highlighted in Budget 2013, which announced a total of $872 million in investments for Indigenous and northern communities. Case study respondents also indicated that there is a ripple effect of involvement among community members, and a strong identification with the programs as “theirs”. Siksika Nation: The Siksika Nation Gladue Report Writer Training Project coordinates and hosts a two-day training workshop on Gladue report writing for members of the Aboriginal and mainstream justice serving communities. The intention of the AJS is that community-based justice programs offer alternatives to the MJS that reflect local cultural values, and that the MJS will recognize the suitability of these programs and refer clients to them. Here these … This is in spite of high demand for training, information-sharing activities, and sharing of best practices. This is especially true when considering the future cost savings to the MJS produced by AJS programs through reduced rates of recidivism on the part of program participants. An analysis of economy focuses on inputs and whether they are optimized (or minimized). Finseth, S. & Peterson-Badali, M. (2015). Payment service standards is based on a random sample of projects. This includes both custodial and community services. Total present value savings of an entire cohort of AJS (9,039 participants). The 2015 Speech from the Throne directed the government “to renew, nation-to-nation, the relationship between Canada and Indigenous peoples, one based on recognition of rights, respect, co-operation and partnership” and to “work co-operatively to implement recommendations of the Truth and Reconciliation Commission (TRC) of Canada” Footnote 22. More description of the six case study community-based justice programs are provided in Appendix C. Indigenous people are 10% more likely than non-Indigenous people to be in households that are victimized by crime (20% vs. 30%) according to a Canadian Centre for Justice Statistics report entitled Criminal victimization in Canada, 2014. $3,258,706 (AJD salary and O&M) / $53,188,484 (total operating costs) x 100 = 6%. Contact. Previous Page; Table of Contents; Next Page; 4. The branch is committed to building a workforce that understands the needs of Aboriginal offenders and their communities. In June of 2005, the final report of the mid-term evaluation conducted by the Evaluation Division of the DOJ was presented to the AJD. The Caucus members play a crucial role as the conduit between community and government and between the … KIs, including provincial and territorial justice officials, agreed that the Government of Canada has the responsibility for First Nation, Métis and Inuit justice because of its responsibility for Indigenous people and of the shared jurisdiction in the area of justice. The challenge in examining referrals is to understand how many Indigenous people entering the justice system are not referred, and why. The AJS supports approximately 200 community-based justice programs across the country, and with very few exceptions, those programs have been in continuous operation since they first received funding in the 1990s. Finseth, S. & Peterson-Badali, M. (2015). Both of these groups indicated strong support for the continued need. 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