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	History
	Program Objectives
	What Courtworkers do
	How the Program Works
	Funding
	Frequently Asked Questions
	Contact Information

Aboriginal Courtwork Program

"... it is difficult, if not impossible, to ensure equality before the law for Native people in our criminal courts when so many Native people do not understand the nature of the charges against them, the implications of a plea, the basic court procedures and legal terminology, or their right to speak on their own behalf or to request legal counsel."

From Preamble of 1978 NCW Agreement

History

In the early 1960s, Native Friendship Centers in various parts of the country began to help the growing numbers of Aboriginal people appearing before the criminal courts. Volunteers helped Aboriginal accused obtain legal representation and access health and social services. They also comforted Aboriginal accused and guided them through a system that was very foreign to them.

In the late 1960s, the federal government recognized the value of these services. Federal financial support began in 1969, and by 1972, the Department of Justice was authorized to fund pilot projects supporting guidance and information to Aboriginal people involved in the criminal justice system. With approval from the Treasury Board in 1978, the pilot concept was expanded and became the Native Courtworker Program (now known as the "Aboriginal Courtwork Program"). In 1987, the mandate of the program was revised to include services to Aboriginal youth, following the adoption of the Young Offenders Act.

Research undertaken over the past two decades has consistently found that core courtworker services are effective and valued not only by clients, but also by Aboriginal community representatives and criminal justice personnel.

Program Objectives

Overall, the Program helps Aboriginal people who are in conflict with the criminal justice system to obtain fair, just, equitable, and culturally sensitive treatment. Specifically, the Aborginal Courtwork Program seeks to:

1. assist Aboriginal people to understand their right to speak on their own behalf or to request legal counsel, to better understand the nature of the charges against them and the philosophy and functioning of the criminal justice system;

2. assist in enhancing the awareness and appreciation of the values, customs, languages and socio-economic conditions of Aboriginal people on the part of those involved in the administration of the criminal justice system; and

3. respond to problems and special needs caused by communication barriers which exist between Aboriginal people and those who are involved in the administration of the criminal justice system.

What Courtworkers Do

Courtworkers perform a number of activities that support the Program's objectives, and the Program is evolving as courtworkers are challenged to expand the boundaries of their traditional court-based roles. Besides providing in-court information, advice, and community referrals to Aboriginal persons in conflict with the law, courtworkers are increasingly involved in helping promote and facilitate alternative justice models, cooperating with community councils, and coordinating client participation in diversion programs.

How the Program Works

The Aborginal Courtwork Program is accessible to all Aboriginal people regardless of status or residency. Furthermore, the Program is national in scope. Currently, the Aborginal Courtwork Program is operating in every jurisdiction except New Brunswick and Prince Edward Island.

In most jurisdictions, Aboriginal Courtworker services are delivered by Aboriginal delivery agencies under contract to the provincial or territorial government. In Manitoba, courtworkers are actual employees of the provincial government. In the Northwest Territories and Nunavut, Legal Services Clinics provide courtworker services.

Funding

The Program is cost-shared with provincial and territorial governments through a contribution agreement. In 2005-2006, total federal funding for the Program was $5.5 million.

Frequently Asked Questions (FAQs)

1. Can courtworkers give legal advice?
   
   No. Courtworkers cannot give legal advice to clients because they do not have training to do so. Their role involves providing information and guidance to Aboriginal persons charged with an offence. For example, courtworkers can explain to the accused person the nature of the charge against him or her and the way the criminal justice systems works. Courtworkers can also help clients by directing them to various counseling services available, such as programs involving Aboriginal elders or alcohol and drug abuse counselling.
   
   
2. How can I become a courtworker?
   
   
   The federal government does not hire courtworkers. If you are interested in becoming a courtworker, you should apply directly to your provincial or territorial delivery agency (Word, 30Kb).
   
   
3. Do I need paralegal training to become a courtworker?
   
   No. Courtworkers come into the job with diverse qualifications and backgrounds. Some courtworkers have paralegal training, but many do not. In addition, delivery agencies provide training to all courtworkers, both new and experienced, to keep their knowledge and skills up to date.
   
   
4. In what language do courtworkers serve their clients?
   
   Courtworkers across Canada serve their clients in English or in French. A large number of courtworkers also understand and can serve their clients in the Aboriginal language of the local community.
   
   
5. Can a Courtworker help me hire a lawyer?
   
   Yes. One of the functions of a courtworker is to help Aboriginal accused consider whether they need a lawyer and to assist that person in obtaining one.
   
   
6. Who do I have to contact to get a courtworker in my community?
   
   Contact the Programs Branch for the list of courtworker delivery agencies across Canada.

Contact Information

Programs Branch
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario
CANADA
K1A 0H8

Telephone:(613) 957-3180
Fax:(613) 941-5446
E-mail: prgmbranch@justice.gc.ca