TECHNICAL REPORT
A KEY INFORMANT STUDY OF THE NATIVE CRIMINAL COURTWORKER PROGRAM 1996:
Thérèse Lajeunesse&Associates Ltd.
October 1996
tr1997-2e
UNEDITED
The present study was funded by the Research and Statistics Division, Department of Justice Canada. The views expressed herein are solely those of the author and do not necessarily represent the views of the Department of Justice Canada.
EXECUTIVE SUMMARY
This report describes a study with Key Informants of selected Native Criminal Courtworker Programs across Canada. The purpose of the study is to:
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determine whether there are similarities among the respondents regarding the need for particular services;
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examine the existing role, objectives and/or services of the Native Criminal Courtworker Program; and
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determine ways in which the existing Native Criminal Courtworker Program could be modified to enhance access to the criminal justice system by Aboriginal people.
The Terms of Reference also provided that conclusions would be drawn from
the interview data, but that recommendations would not be made due to the
inclusion of only five jurisdictions for this study.
The five jurisdictions included in the study are: Labrador; Ontario; Manitoba; Alberta; and Yukon. Labrador and Yukon each had one central site where in-person interviews were conducted and another non-urban site where interviews were
conducted by telephone. Researchers for the Ontario, Manitoba and Alberta jurisdictions conducted in-person interviews in two sites, one urban and one rural. Jurisdictions were asked for input regarding site selections.
Key Informants for each sites included: Courtworker Program Director; Courtworkers; Police; Crown Prosecutors; Judges; Legal Aid or other defence counsel representatives; Aboriginal Leaders; local Justice Committee representatives (if
appropriate); Advisors to the Courtworker Program; and any other appropriate individuals.
Interview Schedules were developed and approved by federal and Courtworker Program representatives. These Interview Schedules form the basis for the uniform collection of data in all sites.
There were a number of similarities among the five jurisdictions. Almost all respondents indicated that Courtworker services are particularly essential at the pre-court and in-court stages of the justice process. Some indicated the arrest
stage as being an important contact point for Courtworkers, but the logistics and shortage of resources make it difficult to operationalize.
Courtworkers also provide services to victims either on a request basis or more routinely depending on the jurisdiction. Very few respondents, including criminal justice respondents, felt that this constitutes a conflict of interest.
Little in-court interpretation is handled by Courtworkers although some do provide this service when requested to do so by a Judge or Crown Prosecutor. Similarly, involvement at the sentencing stage is sporadic although this role may increase
when more innovations, such as sentencing circles, are introduced. Some Courtworkers expressed the need to be more involved at the sentencing level to advise clients about sentencing alternatives. With recent cutbacks to Legal Aid programs,
Courtworkers are being asked to assume a greater role, including acting as Agent for the accused. Courtworkers are also experiencing greater demands in other areas, such as being involved in community justice alternatives. Criminal Justice
respondents very clearly indicated that Courtworker services are invaluable and almost all respondents indicated that there are no services provided by Courtworkers that could be considered non-essential.
Courtworkers expressed the need to provide a more holistic service, in keeping with Aboriginal cultural values. Also, with the evolving self-government role of Aboriginal communities, Courtworkers will likely be asked to play a more
community-driven role, as is presently being experienced in the Yukon jurisdiction. In areas where there are no Family Courtworkers, they expressed frustration at explaining to clients why their coverage only applies to criminal court. In
addition, respondents indicated a need to broaden the geographical coverage of the Courtworker Program.
Training needs were identified in all jurisdictions as key to being able to adapt to the changing role of the Courtworker, particularly due to Legal Aid cutbacks. These training needs included: counselling skills; how to deal with angry or
difficult offenders; criminal court procedure; how to present in court; conflict resolution skills, among many others.
In terms of whether services should be delivered uniformly across Canada, the majority of respondents replied "yes and no" in that everyone should have access to the same services but local variations should be respected. Similar
responses were obtained to questions regarding uniform training standards in that a core curriculum could be developed but local and regional needs should be respected.
A strong majority of respondents indicated that the Courtworker Program is successfully meeting its goals.
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