The impacts of police and policing

The Attorney General must take immediate action to increase access to justice for people who believe they have been the victims of excessive force, discrimination, or harassment by police by:

Recommendation 3: Amending the Police Act to expand the mandate of the Office of the Police Complaint Commissioner (OPCC) in order to:

1. ensure that all police officers and forces operating in BC fall under the mandate of the OPCC;
2. ensure that civilian investigators and civilian staff members are responsible for the entirety of the complaint resolution process; and
3. allow the OPCC to audit police complaints each year, particularly where they involve discrimination based on race, gender, poverty, or health status, and publicly report on areas of concern for further investigation or reform.

The impacts of police and policing

Recommendation 9: The Director of Police Services must work with the Independent Investigations Office and the Coroners Service to audit deaths and serious injuries in city cells in BC over the past 10 years, including an analysis of race, disability, housing status, and gender, and, make the findings and recommendations for reform publicly available.

How court-imposed conditions set people up to fail

The Governments of BC and Canada must amend their prosecutorial policy, specifically:

Recommendation 13: Amend the BC Crown Counsel Policy Manual to include a policy on “Conditions of Release” that:

1. aligns with the Criminal Code requirement that an accused be released unconditionally unless their detention or the imposition of conditions is justified;
2. reflects Supreme Court of Canada jurisprudence requiring that conditions of release be minimally onerous and that every imposition of more restrictive conditions must be individually justified; and
3. takes into consideration the potential harms of imposing certain conditions on some individuals based on their social condition, race, ability status, housing status, and substance use.

How court-imposed conditions set people up to fail

The Governments of BC and Canada must amend their prosecutorial policy, specifically:

Recommendation 15: Amend the Public Prosecution Service of Canada Deskbook Part 3.18 sections 2 and 5 to:

1. more clearly reflect the Criminal Code requirement that an accused be released unconditionally unless their detention or the imposition of conditions is justified; and
2. take into consideration the potential harms of imposing certain conditions on certain individuals based on their social condition, race, ability status, housing status, and substance use.

How court-imposed conditions set people up to fail

Recommendation 19: Police Services must create a provincial practice direction for police officers upon release of an accused, adopting the following recommendations of the Canadian Civil Liberties Association:

• police should make increased use of their power to release and ensure that any conditions imposed are constitutional and legally permissible under the Criminal Code.
• individuals released from police custody should be proactively informed of the procedures that can be used to vary police-imposed conditions under the Criminal Code; and
• police should release individuals under the most minimally restricting conditions available in the circumstance, taking into consideration an individual’s need to access shelter, social services, health care, and community, as well as the possible disability status of the individual, including addiction.

Service gaps and barriers

The Ministry of Social Development and Poverty Reduction must make immediate changes to BC’s Income Assistance and Disability Assistance programs including:

Recommendation 25: Increasing income assistance rates to the Market Basket Measure and indexing them to inflation.

Service gaps and barriers

The Ministry of Social Development and Poverty Reduction must make immediate changes to BC’s Income Assistance and Disability Assistance programs including:

Recommendation 26: Reviewing the processes that are currently in place for reporting “welfare fraud” to provide greater accountability and ensure that people receiving income assistance are not denied survival income without due process.

Service gaps and barriers

The Ministry of Social Development and Poverty Reduction must make immediate changes to BC’s Income Assistance and Disability Assistance programs including:

Recommendation 27: Increasing access to in-person services for income assistance and disability applicants.

Service gaps and barriers

The Ministry of Social Development and Poverty Reduction must make immediate changes to BC’s Income Assistance and Disability Assistance programs including:

Recommendation 28: Ensuring that people living with disabilities can access disability support by:

1. simplifying the application process to reduce wait times and lessen reliance on advocates;
2. providing provincial guidelines for doctors/service providers on how and when to fill out disability forms; and
3. ensuring that hospital social workers are resourced and directed to work with patients in need to apply for disability benefits.

Service gaps and barriers

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.