Indigenous Courtwork Program

Overview

Since 1978, federal financial support for the Indigenous Courtwork Program (formerly the Aboriginal Courtwork Program) is provided through contribution agreements with participating provincial governments.

In the three territories, federal financial support is provided through the Access to Justice Service Agreements. These Agreements integrate federal support for criminal and civil legal aid, Indigenous Courtwork, and Public Legal Education and Information.

In most jurisdictions, Indigenous Courtwork Services are delivered by Indigenous service delivery agencies under contract to the provincial or territorial government. In Northwest Territories, Courtworkers are employees of the territorial government. In Nunavut, Courtwork services are provided through Legal Services clinics.

Indigenous Courtwork Programs currently operate in every province and territory with the exception of Newfoundland and Labrador. Nationally, approximately 225 Courtworkers provide services to over 80,000 Indigenous clients in over 450 communities each year.

In 2020, ongoing funding was announced to support the implementation of Gladue Principles in the mainstream justice system, including funding to provinces and territories for the production and delivery of Gladue reports.

Jurisdictions currently cost-sharing Gladue services include British Columbia, Alberta, Ontario, Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Northwest Territories and Yukon.

In 2021, the Indigenous Courtwork Program was further expanded to include the delivery of family courtwork services to support the provision of culturally competent services to Indigenous persons involved in the family and/or child protection justice systems.

Jurisdictions currently cost-sharing family courtwork services include Alberta, Saskatchewan, Ontario, Quebec and Northwest Territories.

Who is eligible?

Provincial and Territorial governments are eligible to receive federal financial support for Indigenous Courtwork Program services.

All Indigenous people in conflict with the law in Canada are eligible to receive Courtwork services regardless of their status, age or residency.

Objectives

The objective of the ICW Program is to facilitate and enhance access to justice by assisting Indigenous people involved in the justice system to obtain, fair, just, equitable and culturally relevant treatment.

This objective is achieved by:

providing non-legal advice and information to Indigenous persons charged with an offence and their family members at the earliest possible stage and throughout the criminal justice process;
referring Indigenous persons charged with an offence to appropriate legal resources at key stages of the justice process (e.g., arrest, pre-trial, trial, sentencing);
referring Indigenous persons charged with an offence to appropriate community resources, including alcohol, drug and family counselling, and educational, employment and medical services to ensure they have help addressing the underlying problems that have contributed to their criminal behaviour or problems that have led to the laying of criminal charges, and where appropriate, advocating for services for Indigenous persons charged with an offence and ensuring that those services are delivered;
providing assistance, as appropriate, to other Indigenous persons involved in the criminal justice process;
promoting practical, community-based justice initiatives and helping build the capacity to identify and address problems that could end up in the courts or community justice system; and,
serving as a bridge between criminal justice officials and Indigenous people and communities, by providing a liaison function and facilitating communication and promoting understanding between the parties.
providing non-legal advice and information to Indigenous persons involved in the family and/or child protection justice systems.
referring Indigenous persons involved in the family and/or child protection justice systems to appropriate legal and community resources including family group conferencing and other culturally appropriate restorative processes.

Official Languages

In support of Section 41 of the Official Languages Act, the Department is committed to facilitate the participation of official language minority communities and their organizations in the development and assessment of the Department’s policies, programs and services having significant impact on the development of the communities; and to take measures to ensure that the Department of Justice’s programs and services reach official language minority communities. In the context of project funding, these measures include:

outreach to official language minority communities to enhance their understanding of the Department of Justice funding programs; and
encouraging contacts between organizations that are receiving financial assistance and official language minority organizations/groups to ensure that the needs of these communities are taken into consideration in relation to the proposed projects to be considered for Department of Justice Canada funding.

Sustainable Development

The Department of Justice encourages you to submit all documents electronically. If you submit documentation on paper, please consider printing on both sides of the paper. These actions will minimize environmental impacts.

Frequently Asked Questions

How can a Courtworker help me in Court?: A Courtworker can assist you to request legal counsel and to prepare to appear before the court. They can go to court with you (except where not authorized). They can provide information about the court procedures; explain any directions given by the court; provide cultural interpretation; and, help you to speak with court officials.; Courtworkers can also help you to access, interpret and prepare documents and conditions given by the court. They can provide information on the nature of the charges against you and explain your rights, roles and responsibilities. They can explain alternative/restorative justice options, provide emotional support and help you to find appropriate resources, services and contacts.
How can I become a Courtworker?: The federal government does not hire Courtworkers. If you are interested in becoming a Courtworker, you should contact the provincial or territorial delivery agency listed below.
What training I do need to become a Courtworker?: Courtworkers come into the job with diverse qualifications and backgrounds. Service delivery agencies provide training to all Courtworkers, both new and experienced, to keep their knowledge and skills up-to-date. You should contact the provincial or territorial delivery agency listed below for further information.

Publications and Resources

2023

Evaluation Summary: Results at a glance: Evaluation of the Indigenous Courtwork Program

Evaluation Final Report: ICW Evaluation 2023: Evaluation of the Indigenous Courtwork Program (justice.gc.ca)

Action Committee on Modernizing Court Operations: