95 search results for
Access to justice
Recommendation 11:
The majority of Canadian provinces have separate government bodies in place that provide legal counsel to children (Lovinsky, 2016). B.C. must also assume the responsibility for providing funding and personnel to secure legal representation for children in all guardianship and family law cases in order to adhere to the UNCRC’s recommendations and FLA’s best interest provisions, and to concur with the 2020 CBA report recommendations.
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Recommendation 4:
The Legal Services Society of BC must provide legal support for appeals where a person has been denied income assistance or disability assistance.
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Recommendation 29:
The Legal Services Society of BC must provide legal support for appeals where a person has been denied income assistance or disability assistance.
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Recommendation 6:
The Attorney General should create a legal means to consider tenancy and anti-discrimination rights under the BC Human Rights Code when they are raised before the Residential Tenancy Branch. This could include a process for the BC Human Rights Tribunal to issue interim orders once a human rights complaint has been filed and amendments to the Residential Tenancy Act that allow for an interim delay in a residential tenancy dispute when such an interim order has been issued.
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Recommendation 10:
That the Ministry of Health, in partnership with the Ministry of Mental Health and Addictions and the health authorities, undertake a comprehensive review of practices for:
- children under 16 who have been “voluntarily” admitted, and take all necessary legal and administrative measures to ensure that “mature minor” capacity assessments are carried out where treatment is proposed, that the results of those assessments are recorded, and that physicians understand their duty to comply with the views of a mature minor regarding treatment, subject only to the order of a court;
- children assessed as mature minors who have been involuntarily admitted, and take all necessary legal and administrative measures to ensure that (i) despite the deemed consent provisions, the views of the young person are obtained, recorded and carefully considered before treatment decisions are made, and (ii) treatment information is conveyed in a manner that children and youth may understand.
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Recommendation 6:
That the Ministry of Health in co-operation with the Ministry of Mental Health and Addictions and the health authorities assess the appropriateness and accessibility of the information currently provided to children and youth and develop new information using multiple formats and media to better support young people to understand what’s happening to them and what their rights and options are when detained under the Mental Health Act. Youth with lived expertise to be engaged to advise on the information that is most helpful and how best to make information available to children and youth. Information to be developed by Dec. 1, 2021.
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Recommendation 13:
That the Ministry of Health and the Ministry of Mental Health and Addictions put forward amendments to the Mental Health Act after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies to create mandatory periodic Mental Health Review Board reviews for (i) involuntarily detained children and youth, and (ii) children under 16 who are admitted at the request of their parents, to ensure that such reviews do not depend on the child’s knowledge or ability to make such a request. Mandatory reviews should only be conducted with the consent of the child or youth or their representative. Amendments to be put forward by May 1, 2022
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Recommendation 14:
That the Mental Health Review Board pilot a new Review Board hearing process for children and youth that centres the young person and is trauma-informed and culturally attuned after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies. Pilot to be operational by Oct. 1, 2022.
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Recommendation 5:
That the Attorney General in partnership with the Ministries of Health and Mental Health and Addictions, ensure that an independent body is notified every time a child or youth is detained under the Mental Health Act and that this body is mandated to provide rights advice and advocacy to children and youth. Independent body to be in place by Dec. 1, 2021.
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Recommendation 5:
The Canadian legal system also requires specialised training of professionals working with children, including mental health professionals, lawyers, and judges (Bala & Birnbaum, 2019; Collins, 2019; Paetsch et al., 2018). This is particularly important for legal professionals working on cases involving parental alienation and/or family violence (Elrod, 2016; Martinson & Jackson, 2016). These types of cases require judges and mental health professionals who are experienced in discovering and addressing problems in the family, as there can be multiple reasons for a child refusing contact with a parent or guardian, including family violence that can continue to put the child at risk if left unaddressed in custody and access decisions (Elrod, 2016; Martinson & Tempesta, 2018).
Specific recommendations for children’s legal counsel include: ensuring democratic communication, in which lawyers and child both share information about themselves to build trust in preparation for proceedings; having lawyers inform children about the court process and what it means to have a lawyer represent them; having lawyers pose questions to children to better recognize how children understand the court process; and getting lawyers to emphasize flexibility in the child’s options to share their views, not share them at all or change their instructions to the lawyer (Bala & Birnbaum, 2019; Koshan, 2020; Horsfall, 2013; Paetsch et al., 2018). Those working at family courts should receive specialised training on family violence and high-risk cases, which can have a substantial impact on children’s rights (Koshan, 2020; Martinson & Raven, 2020a). From a scholastic perspective, much more research is needed to understand which of the many strategies implemented across Canada (and the world) might be most helpful to children’s legal participation (Birnbaum & Saini, 2012). This requires ongoing cooperation and collaboration between the legal and academic communities, to guarantee specialised and sensitised approaches to this topic.
Specific recommendations for children’s legal counsel include: ensuring democratic communication, in which lawyers and child both share information about themselves to build trust in preparation for proceedings; having lawyers inform children about the court process and what it means to have a lawyer represent them; having lawyers pose questions to children to better recognize how children understand the court process; and getting lawyers to emphasize flexibility in the child’s options to share their views, not share them at all or change their instructions to the lawyer (Bala & Birnbaum, 2019; Koshan, 2020; Horsfall, 2013; Paetsch et al., 2018). Those working at family courts should receive specialised training on family violence and high-risk cases, which can have a substantial impact on children’s rights (Koshan, 2020; Martinson & Raven, 2020a). From a scholastic perspective, much more research is needed to understand which of the many strategies implemented across Canada (and the world) might be most helpful to children’s legal participation (Birnbaum & Saini, 2012). This requires ongoing cooperation and collaboration between the legal and academic communities, to guarantee specialised and sensitised approaches to this topic.
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