Practical measures and strategies

Improving information exchange among those who can offer support and assistance to the children

Recommendation 11: One must attempt to facilitate the exchange of information among those agencies, institutions, and services that are able to offer care and assistance to children of parents in conflict with the law. At the same time, the privacy protection measures guiding information exchange must be respected. In that way, organizations are provided with the mandate and capacity to collaborate and share information to provide a continuum of care to the children and their families.

• Remove obstacles that hinder outreach activities and the identification of children of parents in conflict with the law by those who can offer them support and assistance. This may involve re-examining, in the light of the principle of the best interests of the child, any privacy and confidentiality protection measure or other factors hindering information exchange and collaboration among and between agencies and significant community resources. For example, the Freedom of Information and Protection of Privacy Act can be upheld through individuals and families controlling access to and disclosure of personal information through informed consent.
• Develop interagency protocols regarding the sharing of information in order to facilitate supportive interventions, or review existing cooperation protocols.
• Ensure that interagency protocols clearly specify the situations in which a guardian’s or a family’s permission to share information is not required, for example when there are child and adult protection issues.

Practical measures and strategies

Increasing support for the families

Recommendation 13: The incarceration of one parent often results in various forms of hardship for the rest of the family, particularly the children. Imprisonment disrupts positive, nurturing relationships between many parents—particularly mothers who are often the sole or primary caregiver—and their children. Children and their families suffer economic strain and instability when a parent is imprisoned. Family members are not guilty of anything. All agencies and services involved with the families should try to mitigate the impact on family members at all stages of the criminal justice system, ensuretheir rights are upheld, and ensure they are not discriminated against because of the actions of their family member. Supporting the families and strengthening the children’s positive family connections are necessary to ensure a healthy child development. Different forms of support are needed.

• Encourage the various agencies and services involved with the children to work towards positive family outcomes and to adopt consistent practices in the support of families and positive life outcomes for the children.
• Ensure that families understand the criminal justice process and are aware of the supports available.
• Provide information to families and ensure that the information provided is timely and accurate.
• Encourage and support parents and caregivers to explain procedures, decisions and the truth of the situation to children in an age appropriate manner.
• Ensure that families have access to information and assistance on a range of issues such as housing, benefits and finances, legal issues, health, or childcare.
• Facilitate appropriate contacts between family members and the incarcerated parent.
• Provide guidance to agencies dealing with families of parents in conflict with the law.
• Conduct family impact assessments when new policies and practices are developed that may affect the families of people in conflict with the law.
• Keep incarcerated parents informed about the situation and well-being of their children and other family members, and support them in managing family concerns as appropriate.

Practical measures and strategies

Helping parents and caregivers deal with family law and other legal issues

Recommendation 15:

• Provide timely access to legal assistance (e.g., through legal assistance phoneline, Family Law Centres, etc.).
• Provide legal information to children in an age-sensitive manner.
• Provide timely across to legal assistance (e.g., through legal assistance phoneline, Family Law Centres, etc.).
• Help parents and caregivers deal with child custody and child protection matters.
• Provide legal advocacy for the children and protect their rights in all contacts with the legal system.

Practical measures and strategies

Minimizing the impact of the parents’ contacts with the criminal justice system on the children at the time of sentencing

Recommendation 19: The best interests of the child should be considered when dealing with offenders with parental responsibilities. Decision making at the time of sentencing can be improved by ensuring that the impact of the decision on the offenders’ children is considered. Minimize children’s separation from their parents in conflict with the law by limiting the use of imprisonment whenever possible and appropriate.

• Provide courts with accurate information about an accused’s family situation and the potential impact of sentencing and bail decisions on family members, including through a pre-sentence, Gladue or cultural impact assessment report.
• Introduce the use of children/family impact assessments or statements at the time of sentencing.
• Where a custodial sentence is being contemplated, take into consideration the rights and best interests of any affected child and a child’s right to have their views considered.
• Use alternatives to detention or community-based sentences, as far as possible and appropriate, especially in the case of a parent who is a primary caregiver.
• Ensure that non-custodial sentences take account of an offender’s parental responsibilities.

Practical measures and strategies

Empowering community members through training on the use of the principle of natural justice and the safeguards of administrative fairness when interacting with government bodies

Recommendation 22: Section 7 of the Canadian Charter of Rights and Freedoms asserts that “Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” The principles of fundamental justice are such that the substance of a decision is more likely to be fair if the procedure by which the decision was made has been just. The procedures based on the principle of administrative fairness safeguard individuals in their interactions with the state. These principles stipulate that whenever a person’s “rights, privileges or interests” are at stake, there is a duty to act in a procedurally fair manner.

Practical measures and strategies

Providing training for professional staff working with offenders

Recommendation 23: Agencies working directly or indirectly with offenders and their children/families should receive training to ensure that children affected by their parents’ conflict with the law are treated sensitively and that assistance is provided to the children, the offenders, and their family to develop or maintain healthy relationships.

• Provide training on child-related policies, practices and procedures, for all correctional staff in contact with children and their parents serving a prison sentence and/or a community-based sentence.
• Provide training for organization staff who come into contact with children and their imprisoned parents in areas such as the children’s needs and rights, the impact of imprisonment on the children, or how to support imprisoned parents, their children and their families.