Public Support for Legal Aid and Public Confidence in the Justice System

Research and Statistics Division
Department of Justice Canada
Data collection by Ipsos Reid

Contract #: 19040-110024/001/CY
Contract Date: March 4, 2011


Contents

Highlights

  1. Introduction
  2. Methodology
  3. Results
  4. Appendix A: Response Rate

Highlights


1.   Introduction

This survey included questions about public attitudes concerning criminal legal aid and about public confidence in the youth and adult criminal justice systems. The majority of questions addressed public support for criminal legal aid. The results of this part of the survey will support policy development in legal aid.  The public confidence questions support annual tracking of Canadians’ confidence in the adult criminal and youth justice systems and have been used to meet accountability requirements.

2.   Methodology

Ipsos-Reid was contracted to collect the data. A total of 11 questions were included on a telephone omnibus survey. The telephone omnibus survey was administered in two waves to a nationwide sample of 1,508 Canadian adults. Interviews took place between March 8 and 10, 2011 (the first 1,000 people) and again between March 22 and 24, 2011 (the final 508 people). The sample obtained is a probability sample generated through random digit dialing, household selection, and the birthday method (identifying and interviewing the member of the household who had most recently celebrated their birthday). For a discussion about response rates, see Appendix A.

2.1.  Sampling

The table below indicates the unweighted geographical distribution of the sample, with the associated margins of error (calculated at a 95% confidence interval).

Weighting was applied to the sample to ensure that the final data reflects the adult population of Canada by region, age and gender according to the 2006 Census.

Table 1. Regional Sampling and Margin of Error
Sample Population 1 Sample Size Margin of Error
(19 times out of 20)
British Columbia 4,510,858 181 ±7.3
Alberta 3,724,832 150 ±8.0
Manitoba/Saskatchewan 2,274,383 98 ±9.9
Ontario 13,167,894 600 ±4.0
Quebec 7,886,108 375 ±5.1
Atlantic Provinces 2,344,207 98 ±9.9
Territories 110,675 6 N/A
Total 34,018,957 1,508 ±2.2 %

1 Statistics Canada, 2010, accessed March 23, 2011 from http://www.statcan.gc.ca/daily-quotidien/100628/t100628a2-eng.htm


3. Results

3.1. Demographics

The results presented below represent weighted data only.

Table 2. Demographics
Demographics N (%)
Gender N = 1,508
Men 730 (48.4)
Women 778 (51.6)
Age N = 1,503
18-24 136 (9.0)
25-34 285 (18.9)
35-44 232 (15.5)
 45-54 361 (24.0)
55 and older 489 (32.5)
Employment Status N = 1,494
Working full-time 641 (42.9)
Working part-time 179 (12.0)
Self-employed 132  (8.8)
Retired 292 (19.6)
Other[1] 250 (16.7)
Education Level N = 1,500
Grade School or Some high school 206 (13.7)
Completed high school 484 (32.3)
Some college/university 195 (13.0)
Completed Community or Trade School/ Community College 297 (19.8)
Completed university degree or Post-graduate degree 318 (21.2)
Household income  N = 1,368
Under $20,000 165 (12.1)
$20,000 to just under $40,000 269 (19.6)
$40,000 to just under $60,000 288 (21.1)
$60,000 to just under $80,000 191 (13.9)
$80,000 to just under $100,000 143 (10.5)
$100,000 and above 312 (22.8)
Language of Interview N = 1,508
English 1,172 (77.7)
French 336 (22.3)
Marital Status N = 1,499
Single or never married 338 (22.6)
Married / Common-law or living with a partner 911 (60.7)
Separated or divorced/ Widowed 250 (16.7)
Urban/ Rural Dwelling N = 1,508
Urban 1,238 (82.1)
Rural 270 (17.9)
Born in Canada N = 1,503
Yes 1,297 (86.3)
No 206 (13.7)

3.2.  Public Confidence in the Justice System

Respondents were asked two questions related to public confidence in the criminal justice system and the results follow.

3.2.1.      Rate your level of confidence in the adult criminal justice system

Respondents were asked to rate their confidence in the adult criminal justice system based on a 10 point scale with 1 representing low confidence and 10 representing high confidence. Levels of confidence were then regrouped so that low confidence included responses from 1-3, moderate confidence included responses from 4-7 and high confidence included responses from 8-10.  See figure 1 below.

Figure 1. Public confidence levels in the adult criminal justice system 2011.

Figure 1. Public
confidence levels in the adult criminal justice system 2011. [Description]

3.2.2. Rate your level of confidence in the youth criminal justice system. 

Respondents were asked to rate their confidence in the youth criminal justice system based on a 10 point scale with 1 representing low confidence and 10 representing high confidence. Levels of confidence were then regrouped so that low confidence included responses from 1-3, moderate confidence included responses from 4-7 and high confidence included responses from 8-10.  See figure 2 below.

Figure 2. Public confidence levels in the youth criminal justice system 2011.

Figure 2. Public
confidence levels in the youth criminal justice system 2011.  [Description]

3.3.  Public Support for Legal Aid

A total of 12 questions were asked about public support for legal aid and the results from these questions follow.

3.3.1. Are you very aware, somewhat aware, not very aware or not at all aware of the legal aid program in your province?

Based on a 4 point scale with 1 representing Very aware and 4 representing Not at all aware, respondents were asked to rate how aware they were of the legal aid program in their province. See figure 3 below.

Figure 3. The extent to which respondents were aware of the legal aid program in their province.

Figure 2. Public
confidence levels in the youth criminal justice system 2011. [Description]

3.3.2. How did you learn about legal aid?

Respondents were asked about how they had learned about legal aid. The top 10 responses to this question were analyzed. See figure 4 below.

Note that a respondent may have learned about legal aid through more than one mean.

Figure 4. Distribution of the top ten means by which respondents learned about legal aid.

Figure 4.
Distribution of the top ten means by which respondents learned about legal aid. [Description]

3.3.3. Would you consider the following areas of public spending to be very important, somewhat important, not very important or not at all important?

Based on a 4 point scale with 1 representing Very important and 4 representing Not at all important, respondents were asked to rate the importance of public spending in the areas of education, health care, police services and legal aid services for low income people. Due to small percentages, responses of Not very important and Not at all important were grouped together in the analysis. See figure 5 below.

Figure 5.  The degree to which respondents believed public spending to be important in various areas.

Figure 5.  The
degree to which respondents believed public spending to be important in various
areas. [Description]

3.3.4. Would you strongly agree, somewhat agree, somewhat disagree or strongly disagree that the laws and the justice system in Canadian society are essentially fair?

Based on a 4 point scale with 1 representing Strongly agree and 4 representing Strongly disagree, respondents were asked to rate how strongly they agreed with the statement that the laws and Justice System in Canadian Society were essentially fair. See figure 6 below.

Figure 6. The extent to which respondents agreed that the laws and justice system in Canadian society are fair.

Figure 6. The extent
to which respondents agreed that the laws and justice system in Canadian
society are fair. [Description]

3.3.5.      Do you strongly agree, somewhat agree, somewhat disagree or strongly disagree  with the statement “Knowing that legal assistance exists for low income people makes me feel more confidence in the fairness of Canada’s justice system”?

Based on a 4 point scale with 1 representing Strongly agree and 4 representing Strongly disagree, respondents were asked to rate how strongly they agreed with the statement “Knowing that legal assistance exists for low income people makes me feel more confident in the fairness of Canada's justice system”. See figure 7 below.

Figure 7.  The extent to which respondents agreed that legal assistance leads to more confidence in the fairness of Canada’s justice system.

Figure 7.  The
extent to which respondents agreed that legal assistance leads to more
confidence in the fairness of Canada’s justice system. [Description]

3.3.6. If a person is charged with a crime and has to appear in court, would you consider it to be very important, somewhat important, not very important or not at all important for that person to have a lawyer to defend them in court?

Based on a 4 point scale with 1 representing Very important and 4 representing Not at all important, respondents were asked to rate the importance of a person having a lawyer to defend them in court when he or she has been charged with a crime and have to appear in court. Due to small percentages, responses of Not very important and Not at all important were grouped together in the analysis. See figure 8 below.

Figure 8. The degree to which respondents believed legal representation is important.

Figure 8. The degree
to which respondents believed legal representation is important.[Description]

3.3.7. If a person is charged with a crime and has to appear in court, but has a very low income and cannot afford to hire a lawyer, do you strongly agree, somewhat agree, somewhat disagree or strongly disagree that a lawyer should be provided for that person?

Based on a 4 point scale with 1 representing Strongly agree and 4 representing Strongly disagree, respondents were asked to rate how strongly they agreed with the statement that a lawyer should be provided to a person who cannot afford one but is charged with a crime and has to appear before the courts.  Due to small percentages, responses of Somewhat disagree and Strongly disagree were grouped together in the analysis. See figure 9 below.

Figure 9. The extent to which respondents agreed that a lawyer should be provided to people who cannot afford one.

Figure 9. The extent
to which respondents agreed that a lawyer should be provided to people who
cannot afford one. [Description]

3.3.8. In your view are legal aid programs very important, somewhat important, not very important or not at all important in maintaining the fairness of the Canadian criminal justice system?

Based on a 4 point scale with 1 representing Very important and 4 representing Not at all important, respondents were asked to rate the importance of legal aid programs in maintaining the fairness of the Canadian criminal justice system. Due to small percentages, responses of Not very important and Not at all important were grouped together in the analysis. See figure 10 below.

Figure 10. The degree to which respondents believed legal aid programming was important in maintaining fairness in the criminal justice system.

Figure 10. The
degree to which respondents believed legal aid programming was important in
maintaining fairness in the criminal justice system [Description]

3.3.9. Do you strongly agree, somewhat agree, somewhat disagree or strongly disagree with the statement “The government should spend the resources necessary to provide low income people with legal representation if they are charged with a crime”?

Based on a 4 point scale with 1 representing Strongly agree and 4 representing Strongly disagree, respondents were asked to rate how strongly they agreed with the statement “The government should spend the resources necessary to provide low income people with legal representation if they are charged with a crime”. See figure 11 below.

Figure 11. The extent to which respondents agreed that the government should spend the necessary resources to provide legal representation to people with low incomes.

Figure 11. The
extent to which respondents agreed that the government should spend the
necessary resources to provide legal representation to people with low incomes [Description]

3.3.10.  Do you strongly agree, somewhat agree, somewhat disagree or strongly disagree with the statement “Legal representation is just a part of what makes a fair trial fair”?

Based on a 4 point scale with 1 representing Strongly agree and 4 representing Strongly disagree, respondents were asked to rate how strongly they agreed with the statement “Having a lawyer represent you is just part of what  makes a fair trial fair”.  Illustrated below are the results. Due to small percentages, responses of Somewhat disagree and Strongly disagree were grouped together in the analysis. See figure 12 below.

Figure 12. The extent to which respondents agreed that legal representation is just a part of what makes a fair trial fair.

Figure 12. The
extent to which respondents agreed that legal representation is just a part of
what makes a fair trial fair [Description]

3.3.11. Do you strongly agree, somewhat agree, somewhat disagree or strongly disagree with the statement “Having a lawyer represent you is essential to having a fair trial”?

Based on a 4 point scale with 1 representing Strongly Agree and 4 representing Strongly Disagree, respondents were asked to rate how strongly they agreed with the statement “Having a lawyer represent you is essential to having a fair trial”. Due to small percentages, responses of Somewhat disagree and Strongly disagree were grouped together in the analysis. See figure 13 below.

Figure 13. The extent to which respondents agreed that legal representation is essential to having a fair trial.

Figure 13. The
extent to which respondents agreed that legal representation is essential to having
a fair trial [Description]

3.3.12. Have you ever been involved in the criminal justice system as a as a witness, as the victim of a crime, after being accused of a crime, as the member of a jury, or by working in the justice system?

Respondents were asked whether they had ever been involved in the criminal justice system as a witness, as the victim of a crime, after being accused of a crime, as the member of a jury, and/or by working in the justice system. The results are illustrated below. See figure 14 below.

Thirty six percent of Canadians report that they have been involved in the criminal justice system. Note that respondents may have been involved in the criminal justice system in more than one way.

Figure 14. Distribution of the ways in which respondents have been involved in the criminal justice system.

Figure 14.
Distribution of the ways in which respondents have been involved in the
criminal justice system[Description]


 Appendix A: Response Rate

A response rate or level must be calculated for probability and attempted census surveys, while a participation rate or level must be calculated for non-probability surveys. The calculation for response rate for telephone surveys must be done as recommended by the Marketing Research and Intelligence Association (MRIA) which is an organization that provides standardized practices for all its member organizations to ensure consistent reporting industry-wide. The same formula used to calculate response rate for telephone surveys should be used to calculate the participation rate for telephone surveys.

Calculation of response / participation rates following data collection begins with Total Telephone Numbers Attempted less any Invalid numbers (i.e., not in service, fax/modem, business/non-residential). From this figure the following phone numbers are categorized:

Unresolved (U)

In-scope - non-responding (IS)

In-scope - Responding units (R)

Response Rate is then calculated as follows: R/(U+IS+R)

Refer to Table A for the telephone response rates.

Table A. Response Rate for the Telephone Sample.
Total Numbers Attempted   54,586
Invalid (NIS, fax/modem, business/non-res.) 24,281
Unresolved (U) (Busy, no answer, answering machine) 15,484
In-scope - non-responding (IS) 13,106
Language problem 470
Illness, incapable, deaf 127
Household refusal 9,746
Respondent refusal 374
Qualified respondent break-off 2,389
In-scope - Responding units (R) 1,717
Over quota 61
No one 18+ 148
Completed interviews 1,508
Response Rate = R/(U+IS+R)    6%

[1] Other includes Unemployed, but looking for employment, Student, Not in the workforce/ A full-time homemaker, Social assistance, and Disability