95 search results for
Access to justice
Recommendation 153:
We call upon all governments and service providers, in full partnership with Inuit, to design and provide wraparound, accessible, and culturally appropriate victim services. These services must be available and accessible to all Inuit and in all Inuit communities.
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Recommendation 167:
We call upon all governments and service providers within the Inuit homelands to ensure there are robust oversight mechanisms established to ensure services are delivered in a manner that is compliant with the human rights and Indigenous rights of Inuit. These mechanisms must be accessible and provide for meaningful recourse.
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Recommendation 21:
To facilitate meaningful access to counsel, we recommend legislation or policy providing:
- That outside agencies should be allowed to provide in-person legal aid clinics in SIUs on a regular basis.
- That CSC staff must deliver and facilitate all legal callback requests within 24 hours.
- That CSC must share relevant documentation directly with counsel at least three days in advance of all SIU reviews, without requiring a signed consent form.
- That outgoing faxes to counsel be provided to all prisoners free of charge and within one working day.
- That prisoners be provided sufficient time to meet with counsel in person, in a confidential room.
- That all necessary steps be taken to facilitate the attendance of counsel at hearings, including advising counsel of the time and date of the hearing as soon as it is scheduled and confirming requests by counsel to attend.
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Recommendation 15:
The Supreme Court of Canada, in Michel v. Graydon, which specifically deals with the B.C. Family Law Act, discusses principles that apply to the interpretation of statutes which directly bear on the role of the B.C. Legislature in upholding children’s rights, including their participation rights. The concurring judgment states: (1) that the Legislature is presumed to take into account Canada’s international obligations, which includes those found in the CRC (at para. 103); and (2) that the Legislature is taken to know the social and historical context in which it makes its intention known (at para. 97). The literature, taking an approach consistent with these principles, suggests that the Legislature plays a critical role in implementing children’s right to participate effectively in court processes. Though many important legislative, regulatory and policy steps have been taken, the literature identifies several others that are necessary to meet B.C.’s obligations to children in family law and child welfare processes. They include the specific incorporation of the CRC in both the FLA and the CFCSA, ensuring that both court processes incorporate procedural safeguards and guarantees, making sure that children in court processes are fully informed of their participatory rights and allowing children to apply for declarations relating to their best interests.
In addition, specific legislative changes and clarifications are necessary in the FLA and the CFCSA. For the FLA, these include a review of the following sections: s. 37(1) (b), views of the child; the s. 1 definition of family violence (to clarify that intent is not required); s. 203, dealing with legal representation; s. 199, dealing with conflict and family violence; and s. 37(2)(j), considering any other civil or criminal proceeding. For the CFCSA, amendments are required which provide the legal advice and representation children require throughout the processes, as well as specific provisions relating to hearing children’s views.
In addition, specific legislative changes and clarifications are necessary in the FLA and the CFCSA. For the FLA, these include a review of the following sections: s. 37(1) (b), views of the child; the s. 1 definition of family violence (to clarify that intent is not required); s. 203, dealing with legal representation; s. 199, dealing with conflict and family violence; and s. 37(2)(j), considering any other civil or criminal proceeding. For the CFCSA, amendments are required which provide the legal advice and representation children require throughout the processes, as well as specific provisions relating to hearing children’s views.
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Recommendation 7:
The relevant provincial ministries should engage in extensive education and outreach to legislators and staff across the provincial government, and local governments to introduce the stigma-auditing tool to law and policymakers, and to train stigma auditors.
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Recommendation 1:
The Province of British Columbia must amend the Human Rights Code, RSBC 1996, c 210 to prohibit discrimination and harassment based on social condition.
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Recommendation 23:
The Province of British Columbia must amend the Human Rights Code, RSBC 1996, c 210 to prohibit discrimination and harassment based on social condition.
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Recommendation 30:
The Ministry of Justice in collaboration with the Ministry of Advanced Education should make funding available for law practitioners of African descent to provide mentoring and coaching services to youth and newcomers of African descent as it will ensure a greater holistic orientation on societal expectations.
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Recommendation 32:
The Ministry of Attorney General should provide funding for the Law Society and People of African Descent community organizations to run legal clinics and legal aid programs for People of African Descent, predominantly led and designed by law practitioners of African descent. These programs must be accessible from anywhere within the province and run with an anti-Black racism lens and with a clear legal advocacy strategy. The Black Legal Action Centre in Ontario is a good example of a community legal aid program for the People of African Descent community.
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Recommendation 66:
The Ministry of Attorney General and Minister Responsible for Housing should explicitly regulate against gentrification and ban practices that pigeonhole People of African Descent and families into living in particular residential zones in BC cities. This should include funding and collaboration with People of African Descent organizations to deepen tenants and landlords’ awareness of their rights and responsibilities. This is particularly crucial for People of African Descent renters to more easily access information on their options in various scenarios and on how to protect their rights.
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