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Recommendation 194: Where the victim requests the protective measures be rescinded, she will be referred to specialized victim services or interviewed by Crown. If the victim continues to request rescission of a protective order, the Crown shall place before the court the relevant history of the abusive relationship and oppose the application if there is a history of abuse or, even without a history of abuse, if the Crown believes the woman or her children are at risk. (p.7 – 32)
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Recommendation 282: Where the pro-prosecution policy’s test has been met, recognizance orders under section 810 of the Criminal Code should not be used in lieu of prosecution. (p.87)
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Recommendation 235: Where the facts of a particular case initially suggest dual charges against both parties, police should apply a “primary aggressor” screening model, seek Crown review and approval of proposed dual charges for spousal violence, or do both. (p.85)
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Recommendation 199: Where a victim is unwilling or unable to testify or to support the prosecution, Crown counsel (via the police or victim service worker) should endeavour to determine the reason for the victim’s reluctance…If the recantation if not credible, Crown counsel should consider whether there is other credible evidence on which to proceed in the absence of direct testimony by the victim. Where there is no longer a reasonable prospect of conviction based on the available evidence, the prosecution should be terminated. (p.87)
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Recommendation 12: When, following the procedures described in paragraphs 4 and 5, the Branch is not satisfied that it has received the additional information and/or materials required, the Branch shall advise the investigating officer that a charge assessment decision cannot be made.
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Recommendation 11: When, following the procedures described in paragraph 4, Administrative Crown Counsel is not satisfied that he or she has received the additional information and/or materials required, Administrative Crown Counsel may ask Regional Crown Counsel to assist in resolving the matter with the police.
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Recommendation 205: When necessary and appropriate justice system personnel should work with victim service workers to develop protocols to guide responses to challenging service delivery issues such as those named above. (p.57)
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Recommendation 3: When counselling is mandated in order for parents to keep or have their children returned from care, MCFD should ensure that counselling is meaningfully available to parents with disabilities. This must include providing sign language interpreters for people who are deaf or hard of hearing.
Able Mothers: The Intersection of Parenting, Disability and the Law
Group/author:
West Coast Leaf
West Coast Leaf
Year:
2014
2014
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Recommendation 343: When conducting any risk assessment, police should apply validated tools to assess the safety and security of the victim throughout the process…Police should be supported in this regard through on-going training and education regarding risk assessment in spousal abuse cases.(p.85)
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Recommendation 71: When an officer fails to follow policy on use of force, review subsequent uses of force by that officer at the regional or national level.
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