Although there were many reasons why offenders would be referred to an AJS program but did not participate in that program, the two most common reasons for non-participation were (a) refusal by the Crown, the program, the victim or the offender, or, (b) the offender had moved away prior to program commencement. They represent 18 per cent of the federal prison population although they account for just 3 per cent of the general Canadian population. More specifically, the AJS pursues three objectives: The AJS includes six program components that can be grouped into two categories, namely community-based activities, which are supported through contribution agreements, and support measures, which are carried out internally within the Department of Justice. During the same year(2004), a total of 28,600 individuals were charged in Canada for offences committed on-reserve including 17,126 individuals charged with non-violentf fences, which are the type of offences that are typically referred to the community-based justice programs. As a summative evaluation, this study focuses on the program’s rationale, results, and cost-effectiveness, but also covers a number of issues relating to program implementation. It transferred the Aboriginal Justice Directorate, which was formally included in the Aboriginal Affairs Portfolio, to the Programs Branch within the Policy Sector (see Figure 2). Capacity building components are available to communities that do not yet have community-based programs or communities that run such programs. The Department realigned the AJS related policy functions to the Aboriginal Law and Strategic Policy group within the Aboriginal Affairs Portfolio, as a result of its policy capacity. over the long term, along with other justice programs, to contribute to a decrease in the rate of victimization, crime and incarceration among Aboriginal people in communities operating AJS programs; to assist Aboriginal people to assume greater responsibility for the administration of justice in their communities; to provide better and more timely information about community justice programs funded by the AJS; and. For more information, visit B.C. The results from the study lend strong support to the assertion that AJS program participation reduces the likelihood of recidivism. 4.1.2 Increased Aboriginal community ownership of and access to data. "The Aboriginal Justice Strategy builds on this Government's commitment to reduce and prevent crime, strengthen the justice system and promote safer communities. Published: May 1, 2019 . Furthermore, as more Aboriginal people become involved in justice administration, a greater understanding of Aboriginal needs will evolve and, consequently, contribute to the necessary conditions for sustainable improvements within the mainstream justice system. The Aboriginal Youth Justice Strategy (the strategy) is being developed in partnership with members of the Aboriginal Justice Caucus, under the guiding principles of self-determination, as enshrined in Burra Lotjpa Dunguludja (the fourth phase of the Aboriginal Justice Agreement). As the table shows, recidivism rates are significantly lower among program participants at every point in time after completing the program. This section describes the AJS' program logic and is based on the model included as Figure 1 on page 9. Aboriginal Justice Strategy Annual Report 2005-2006 Previous Page; Table of Contents; Next Page; Executive Summary. A Strategy for Action. Victims often benefit from their involvement with AJS programs because they are given a voice in the process through things such as healing circles and community sentencing. Itwas also found that programs would be more successful if there was ownership of the program demonstrated by the community. Though more pronounced in the years immediately following program completion, the discrepancy in recidivism scores between program participants and comparison group members continues at every point in time after program completion. 2. While the cost per unit for an AJS referral is higher than the cost per charge in the mainstream justice system, the considerably lower recidivism rate among AJS participants means that, over time, the justice system would be achieving savings. over the long term, along with other justice programs, to contribute to a decrease in the rate of victimization, crime and incarceration among Aboriginal people in communities operating AJS programs. Community-based justice program funding supports Aboriginal communities in developing and operating culturally relevant justice programs that give communities significant responsibility for working with offenders, and for resolving civil and criminal disputes, at the local level. Description of the Aboriginal Justice Strategy - Aboriginal Justice Strategy, Summative Evaluation. Corrections’ Aboriginal Justice Strategy. They included contributions from both the federal and provincial governments, and, in most cases, considered two recent fiscal years of activities and expenditures. If judges, police, or prosecutors are unwilling to refer offenders to community programs, there is very little a program can do. In 2004-05, AJS programs accepted approximately 7,400 clients. These activities operate jointly, supporting and complementing one another in meeting the overall objectives of the AJS. Aboriginal Justice Strategy. The role of the Directorate was also redefined to focus primarily on the management of the contribution agreements signed under the AJS. 4. Previous Page; Table of Contents; Next Page; Appendix B: Summary of Case Studies. to reflect and include Aboriginal values within the Canadian justice system. Community-based activities are at the core of the AJS. Thank you for participating in the evaluation of the Aboriginal Justice Strategy (AJS). This section of the report describes the AJS. Aboriginal Justice Strategy CJW Community Justice Worker The Department Department of Justice Canada FPT Federal-Provincial-Territorial FPT WG Federal-Provincial-Territorial Working Group Gs&Cs Grants and Contributions INAC Indigenous and Northern Affairs Canada KI Key Informant MJS Ottawa. Aboriginal Justice. This study provides insights into the impact of AJS programs on clients’ likelihood of re-offending over time. The Aboriginal Justice Strategy.. [Canada. Details of the findings of these studies follow. There is evidence of success in these programs: recidivism in Aboriginal communities has decreased due to AJS programs and participating Aboriginal people have found it to be a worthwhile process. The Royal Commission on Aboriginal Peoples issued a particularly disturbing conclusion on this issue: “The Canadian criminal justice system has failed the Aboriginal peoples of Canada – First Nations, Inuit and Métis people, on-reserve and off-reserve, urban and rural – in all territorial and governmental jurisdictions. [48] In addition to this, the AJS has gained eager partners and participants, both provinces and territories, as well as Aboriginal communities. Aboriginal Justice Strategy. Search. During that same year a trial involving suspects of the 1971 abduction and murder of Helen Osbourne (a young Cree woman) took place. Of particular interest is the amendment to the Criminal Code in the sentencing of Aboriginal offenders and its interpretation by the Supreme Court of Canada in the R. vs. Gladue (1999) decision which stressed a remedial approach as something judges should weigh in every case, and especially in cases involving an Aboriginal person. Aboriginal people believe care has to be taken so that actions to control the offender do not bring hardship to others. Aboriginal Justice Strategy Annual Report 2005-2006. Funding for aboriginal justice program will continue despite budget concerns. Similarly, the 2007 Summative Evaluation found that the AJS was creating safer and more stable communities while also being a cost effective alternative to the mainstream justice system. justice panel including dr.annie ross, and leah fontaine music and entertainment by murray porter The purpose of the conference is to increase awareness and share knowledge between new and existing Aboriginal Justice Strategy (AJS) Programs in BC. Turning to the mainstream justice system, the estimated cost of processing a summary offence case through the court system was found by the same evaluation to be approximately $859 per charge. The Victorian AJA is a long-term partnership between the Aboriginal community and the Victorian Government. Introduction. With the enhanced funding for the AJS announced in the 2007 Budget, this number will increase, particularly in the target areas of urban communities, northern regions, and programs that target youth. With this approach, the participants record and reflect on issues that are important to them. Final Report. Create lists, bibliographies and reviews: or Search WorldCat. From 2008-2013, this Strategy achieved measurable improvements in services to Aboriginal people and has been extended through 2018 to expand services and increase response to local needs. The Aboriginal Justice Caucus, consisting of Aboriginal Elders and leaders, is leading the development of the first Aboriginal Youth Justice strategy, which will be informed by the work of the Koori Youth Justice Taskforce, led by the Commissioner for Aboriginal Children and Young People in partnership with Youth Justice. Improvements in access to justice programs have been realized because the mandates of the Aboriginal Justice Strategy (AJS) were enhanced and expanded. The AJS was established as part of the federal government response to the over-representation of Aboriginal people in the Canadian justice system. In order to combat these trends the federal government has initiated a number of programs across the federal justice continuum. That Aboriginal communities assume greater responsibility for community-based justice programs and other community services in the administration of justice in their communities; That Aboriginal values are reflected and included in the administration of justice in Canada; That there be a reduction in the rates of crime, victimization and incarceration among Aboriginal peoples. Through cost-sharing agreements with provinces and territories, the federal government covers up to 50 percent of contributions made toward Aboriginal community-based justice programs, such as diversion, pre-sentencing options, sentencing circles, family and civil mediation, or other related initiatives. This is meant to bridge the disconnect between Aboriginal peoples’ unique personal and community background and experiences, and the criminal justice system. Structure of the report Previous Page; Table of Contents; Next Page; 1. Aboriginal Youth Justice Strategy. Date modified: 2017-02-10 Section menu About Us. There is greater access to and participation in the justice programs. To what extent are the AJS objectives aligned with Government of Canada priorities? As indicated by the Royal Commission on Aboriginal Peoples, there can be fundamentally different approaches between Aboriginal and non-Aboriginal people on what constitutes justice and how it can be achieved. Since every AJS program is unique, it is challenging to establish an average cost per referral. Results-Based Management and Accountability Framework (RMAF) 2002-2007 Aboriginal Justice Strategy. An Aboriginal community controlled justice sector Self-determination in the justice sector. The AJS has undergone a series of renewals and expansions, culminating in the recent 2007 Budget announcement to renew the AJS until 2012. 4.2 Greater Aboriginal community leadership and strategic decision making. The AJS is one component of the federal government's response to the well-documented fact that a disproportionate number of Aboriginal people are in conflict with the law. Evaluation of the Aboriginal Justice Strategy. Publication date: Wednesday, 19 December 2018 The Department of Justice has released a new Aboriginal Employment Strategy 2019-2022 to create pathways for Aboriginal and Torres Strait Islander people to join the department and progress their careers and development. The Koori Youth Justice Strategy engaged TACSI to facilitate a process that would support the Aboriginal Justice Unit to develop a strategy to reduce Aboriginal Youth engagement with the justice system by 30% by 2030. A 2006 Recidivism Study found that community based justice programs are very effective at dealing withAboriginal over-representation within the justice system and that programparticipants were less likely to re-offend than those that went through the mainstream justice system. B.C. This average cost is based on provincial court expenditures (court expenditures, prosecution costs, and legal aid) from three jurisdictions in Canada relating to summary offence charges. [3] The Correctional Investigator Canada. Table of Contents; PDF Version. Her Majesty the Queen in Right of Canada, represented by the Minister of Justice and Attorney General of Canada, 2016. What impact has the community-based justice program had in your community. Bridging the Cultural Divide: A Report on Aboriginal People and Criminal Justice in Canada. The AJS supports two key activities through grants and contributions, namely community-based justice programs and capacity building initiatives. What does justice mean to you and your community? As intended, Photovoice enabled the evaluators to perceive the world from the viewpoint of the community members—those who are most involved and impacted by the community-based justice programs. In 1988, Aboriginal leader, J.J Harper, was killed in a confrontation with a police constable. In previous years, numerous studies have documented the problematic relationship between Aboriginal peoples and the mainstream justice system. The Commission (1996) p. 309. This increased capacity will contribute to the development of more appropriate responses to Aboriginal over-representation and, over the longer term, reduce the percentage of Aboriginal people coming in contact with the criminal justice system in communities with AJS programs. Participants, however, were open to the photovoice process and the combination of stories and photos helped to illustrate the impacts that AJS programs are having within the communities. While it initially allocated $11.5 million annually to AJS in the current funding allocation, the federal government applied budget-reallocation and adjustments to the AJS such that the program's actual allocation has been varying between $9.4 and $10.3 annually (see Table 1 for details). This work takes place within a legal and policy framework designed to be … The Victorian Aboriginal Affairs Framework (VAAF) is the government’s overarching framework that brings together government and Aboriginal community commitments and efforts to improve outcomes for Aboriginal Victorians. This is meant to allow for cultural sensitivities and more victim participation in the resolution of offences and allows the entire community to feel ownership of the process, which is meant to heal the community. Previous Page; Table of Contents; Next Page; Appendix 1 Aboriginal People in the Canadian Justice System: Statistics. ... Aboriginal Justice College TOP. THE ABORIGINAL JUSTICE STRATEGY. has many programs, services and resources to help and support Aboriginal people and communities involved with the criminal justice system. There are a number of programs that are targeted at Aboriginal people that offer alternatives to access justice. Evaluations of the AJS have proven its effectiveness thus far. The Aboriginal Justice Strategy The Aboriginal Justice Strategy was created in 1991 (originally called the Aboriginal Justice Initiative), to support a range of community-based justice initiatives such as diversion programs, community participation in the sentencing of offenders, and mediation and arbitration mechanisms for civil disputes. Community-based justice programs are seen as a mechanism that allow for different approaches to be expressed institutionally. Recognising the foundational principle of selfdetermination, we are developing an Aboriginal Youth Justice strategy, led by the Aboriginal Justice Caucus. [46], Researchers have found that much of the overrepresentation of Aboriginal people in the justice system can be traced to socio-economic conditions and historical factors. As a part of the case studies, the Department of Justice utilized an innovative participatory method called Photovoice, where program participants from the case study communities took pictures to represent their experiences with community based justice. The following provides a summary of the main themes from the case studies that were conducted in support of the evaluation. Experience, to date, indicates that community-based justice programs also respond to a variety of needs beyond dealing with criminal offences, such as: Close to 80% of community-based justice programs funded through AJS are diversion oralternative measures programs. The Aboriginal Youth Justice Strategy (the strategy) is being developed in partnership with members of the Aboriginal Justice Caucus, under the guiding principles of self-determination, as enshrined in Burra Lotjpa Dunguludja (the fourth phase of the Aboriginal Justice Agreement). It is in this context that the Department of Justice has been funding community-based justice programs for the past 16 years, including the past five years under the current AJS funding allocation that is the object of this evaluation. Victims are also provided with a means of better understanding the offenders, the offenders’ background, and the circumstances that led to the offence. The study compared the likelihood of re-offending of individuals who participated in an AJS program with that of individuals who were referred to, but did not participate in, an AJS program. AJS-funded programs are located in every province and territory with approximately 111 alternative measures programs serving about 400 communities. Furthermore, in a targeted examination, the AJS has proven to be effective in combating recidivism, more so than the mainstream justice system, and has been a very positive experience for the communities that host these programs. As part of the impact evaluation of the AJS, we would like to seek your input regarding … In 1988, Aboriginal leader, J.J Harper, was killed in a confrontation with a police constable. In June 2006, the Department of Justice realigned the AJS management structure as follows: When the federal government first launched the AJS in 1996, it allocated $4.5 million annually to the program, a figure that increased to $8.6 million annually by the end of the first funding allocation in 2000-01. The findings presented in Section 4 point to the following set of conclusions about the relevance and performance of the AJS. Justice Corrective Services A Strategy for supporting Aboriginal offenders. It was found that the turnover rates for program coordinators were rather high, and because of this, a process for continuity from one coordinator to another is necessary. 1. The participation of other elements of the justice system was also identified to be critical to the success of the AJS. Contact with Police The Strategy contains the path forward to modernizing the existing criminal justice system as well as the rebuilding of Indigenous justice systems. Burra Lotjpa Dunguludja contributes to making Aboriginal families and communities safer, and equitable justice outcomes. The selected case studies include a diverse mixture of programs that serve different types of communities (including Inuit, First Nations, Métis, and on- and off-reserve communities). An Aboriginal Justice College will be needed to provide training and continuing education for the Aboriginal people required to assume positions of responsibility within both the existing justice system and Aboriginal justice systems. ... Aboriginal Justice College TOP. Develop the Aboriginal Youth Justice Strategy to strengthen young people’s connection to family, community and culture, and put in place the interventions and supports needed to reduce offending. One such program - the Aboriginal Justice Strategy - supports Aboriginal communities to establish programs and systems to divert Aboriginal people away from the mainstream justice system and to handle less serious offences (property crimes for example) outside of courts. The value of having Aboriginal offenders participate in community-based justice programs is becoming increasingly recognized. As part of the impact evaluation of the AJS, we would like to seek your input regarding the relevance and performance of the AJS. [4] Royal Commission on Aboriginal Peoples. The principal reason for this crushing failure is the fundamentally different world views of Aboriginal and non-Aboriginal people with respect to such elemental issues as the substantive content of justice and the process of achieving justice.”[4]. Crime statistics provide an incomplete, yet, helpful illustration of this important gap in program reach. Aboriginal Justice Strategy, Summative Evaluation. By taking cultural factors into consideration when dealing with criminality and by focussing on healing the community and offender rather than punishment, the justice process is seen as more relevant and responsive to Aboriginal communities’ needs. The Aboriginal Justice Caucus has been critical in strengthening partnerships between the Aboriginal community and the Victorian Government to drive effective and self-determining change under Burra Lotjpa Dunguludja. Department of Justice,;] Home. "The Aboriginal Justice Strategy builds on this Government's commitment to reduce and prevent crime, strengthen the justice system and promote safer communities. Initially program coordinators expressed some mistrust of conventional evaluation approaches. their average age was just under 29 years old; only a small portion (8.78%) were youth under the age of 18; most had never been convicted of a crime prior to their referral to the AJS program(60.67%); and. Objectives of the evaluation 1.3. Many people believed both cases reflected discrimination in the justice system. 's Criminal Justice System. Recognizing that, the AJS Summative Evaluation reviewed activity reports and the financial information of nine AJS programs. It is a successful program that helps steer Aboriginal people away from a lifestyle of crime, provides hope and opportunity for Aboriginal youth and helps end cycles of violence." The Department of Justice allocates most of its AJS funds to the funding of community-based justice programs. Both the Department of Justice and the Department of Indian and Northern Affairs Canada allocate funding to the AJS. Publications & Resources; In 2007, LAO began developing an Aboriginal Justice Strategy to help meet the needs of First Nations communities across Ontario. Activities listed in the preceding subsection are expected to contribute to the achievement of the following initial outcomes: The AJS activities are also expected to contribute to the achievement of three intermediate outcomes: Finally, the AJS activities are expected to contribute to the achievement of three long-term outcomes: Figure 1, Logic Model - Aboriginal Justice Strategy. AJS community-based programs have a number of benefits on the communities they serve as well as diverting offenders from the mainstream justice system which include: In many of the cases examined, regardless of the AJS program model used, the impacts of the program extend beyond the principal participants. AJS programs are designed to tailor justice needs to specific Aboriginal communities to address this overrepresentation. Photovoice participants received some training and were instructed to take pictures related to three themes: Photovoice participants later met to tell the stories of their pictures, which were documented through narrative note taking and digital recording, when possible. Corrective Services NSW (CSNSW) collaborates with other government and non-government agencies to reduce the incarceration and re-offending rates of Aboriginal people. ... primarily through an Aboriginal Youth Justice Strategy, which is in the early stages of development. Aboriginal people represent 3.3% of the Canadian population, but make up 18% of total provincial and territorial sentenced admissions. Quality training for program staff was identified to be extremely important to the success of a program as was corporate memory for such things as best practices. The AJS pursues objectives that relate both to the administration of justice within Aboriginal communities and to the administration of the mainstream justice system. During the first four years of the current AJS funding allocation (2002-03 to 2005-06), the Aboriginal Justice Directorate managed all components of the AJS. The AJS supports a range of activities that are expected to contribute to the achievement of specific policy goals. Playing a role in building stronger communities through a healing process. During that same year a trial involving suspects of the 1971 abduction and murder of Helen Osbourne (a young Cree woman) took place. Despite this progress, however, community-based justice programs are still only reaching a small portion of Aboriginal offenders. In collaboration with the Aboriginal Justice Directorate, the Aboriginal Law and Strategic Policy group leads federal-provincial-territorial working groups on Aboriginal justice issues and the renewal process for the AJS, and provides legal advice on self-government negotiations. Table 1 shows the estimated recidivism rates for program participants and the comparison group at various points in time after participation in the program[49]. Many people believed both cases reflected discrimination in the justice system. A number of communities also offer a mix of models that may include diversion or alternative measures. A demographic bulge in the 15-24 age range for the Aboriginal population can partially account for higher crime rates as this age cohort is more likely to commit property and violent crime. to desist from re-offending . Ottawa. [6] See Department of Justice (2002). What are the strengths, challenges, and concerns your community has in dealing with justice issues? 688, par. In 2006, the Department of Justice’s Evaluation Division conducted case studies with 10 communities that have established community-based justice programs through AJS funding and that volunteered to participate in this process. The Supreme Court of Canada also emphasized the far-reaching consequences of maintaining Aboriginal offenders in a system that largely fails to serve and rehabilitate them: “Not surprisingly, the excessive imprisonment of aboriginal people is only the tip of the iceberg insofar as the estrangement of the aboriginal peoples from the Canadian criminal justice system is concerned. to assist Aboriginal people to assume greater responsibility for the administration of justice in their communities; to reflect and include Aboriginal values within the Canadian justice system; and. The incarceration rates for Aboriginal people are much higher than the rate for non-Aboriginal persons[45]. And in an environment of increasing pressure to show value for spending, AJS programs have been shown to be more cost-effective than the mainstream justice system. The AJS focuses on strengthening the capacity of Aboriginal communities to reduce victimization, crime and incarceration rates through increased community involvement in the local administration of justice. 1.1. Access to Child Witness Service for Aboriginal Children. To what extent is there a continuing need for the AJS? The Department of Indian and Northern Affairs Canada contributes $2 million annually while the Department of Justice contributes the remaining portion. 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