Aboriginal Courtwork Program

Program Objectives

The Aboriginal Courtworker Program facilitates and enhances access to justice by assisting Aboriginal people involved in the criminal justice system obtain fair, just, equitable and culturally sensitive treatment. 

These overall objectives of the Aboriginal Courtwork Program are achieved by:

• Providing Aboriginal persons charged with an offence with timely and accurate information at the earliest possible stage of the criminal justice process.  This includes referring Aboriginal accused to appropriate legal resources as well as to appropriate social, education, employment, health, Aboriginal community and other resources to help ensure that underlying problems which contribute to their charges are addressed; and
• Aboriginal Courtworkers actively serving as a “bridge” between criminal justice officials and Aboriginal people and communities, by providing information and promoting communications and understanding between the two entities.

What Courtworkers Do

Courtworkers are involved with a broad range of activities that support the Program's objectives. The Program has been 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 Aboriginal Courtwork Program is accessible to all Aboriginal people regardless of status or residency. Furthermore, the Program is national in scope. Currently, the Aboriginal 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, and the Northwest Territories Courtworkers are actual employees of the provincial/territorial government. In Nunavut, Courtworker services are provided through Legal Services Clinics.

Funding

The Program provides federal funding to the provincial and territorial governments through a contribution 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.

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 counselling 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  Contact the Programs Branch for the list of Courtworker delivery agencies across Canada
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: pb-dgp@justice.gc.ca