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Access to Justice Agreements

Small populations and great distances, distinct community and cultural traditions and language differences require finding innovative means of planning and delivering justice services in Canada's three territories.

What are the Access to Justice Agreements?

The Access to Justice Agreements are contribution agreements between the federal government and Canada's three territories: the Yukon, the Northwest Territories, and Nunavut. They are the means by which the federal government provides funding support to the territories for justice-related services in the areas of Legal Aid, Native Courtworker, and Public Legal Education and Information (PLEI).

Under program funding arrangements, the federal government makes a fixed annual contribution to the territories. In 2000-2001, total federal funding for the Access to Justice Program was $3.3 million.

History

Until 1996, federal funding support for Legal Aid, Native Courtworker and Public Legal Education and Information (PLEI) was provided to the Yukon and the Northwest Territories through separate agreements with each territory.

However, the territories needed greater flexibility in administering these programs and the federal government supported this approach. The federal government agreed to work towards a new approach that would ensure accountability, while allowing flexibility for the territories to use the federal contribution to develop and deliver the justice-related programs required by their communities.

In 1996, the Department of Justice began negotiating new arrangements with the territorial governments that would combine the three existing funding arrangements (Legal Aid, Native Courtworker and PLEI) into one agreement with each territory.

The first Access to Justice Agreements with the Northwest Territories and the Yukon were in effect from April 1, 1997 to March 31, 2001 and with Nunavut, from April 1, 1999 to March 31, 2001. The agreements have been renewed until March 31, 2003.

How the Agreements Work

The federal and territorial governments negotiate agreements under which the federal government provides funding for justice-related services and, in return, the territories agree to maintain certain minimum standards in providing these services to eligible persons.

The agreements define the minimum program standards for each service (Legal Aid, Native Courtworker and PLEI) and the territories undertake to maintain a service delivery system that meets or exceeds these standards. One example of an Access to Justice standard is that economically disadvantaged people will be provided with criminal legal aid services where it is necessary to ensure an accused's right to a fair hearing according to the Charter of Canadian Rights and Freedoms or where it is required by law.

The Access to Justice Agreements are designed to accommodate an integrated service delivery model by giving the territories the flexibility to allocate the federal funds among the eligible services as they see fit.

Finally, accountability is a cornerstone of the Access to Justice Agreements. Each territorial government agrees to provide the federal Department of Justice with information such as annual program reports, policies, procedures and budgets, that show it is maintaining programs consistent with the agreement.

Contact Information

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

Telephone: (613) 957-4711
Fax: (613) 941-5446
E-mail: prgmbranch@justice.gc.ca

 

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