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 2: Dedicating legal aid funding for:

1. a clinic to support people to make police complaints through summary advice, short service, or full representation based on the needs of the individual and the nature of the complaint
2. public legal education workshops and materials to help people navigate the process of bringing a lawsuit against a police officer or police force; and
3. legal representation for families and/or victims in instances of police-involved serious injury or death to facilitate full participation in a Coroner’s Inquests and civil actions.

How court-imposed conditions set people up to fail

Recommendation 12: The Government of Canada must amend the Criminal Code to prevent the use and prosecution of discriminatory or destructive behavioural conditions of interim release and sentencing, specifically:

• legislate that conditions imposed on interim release be reasonable and proportionate to the nature and seriousness of the alleged offence and the circumstances of the accused;
• define “drug paraphernalia” as harm reduction medical equipment and prohibit the imposition of conditions that would interfere with the ability to access or possess harm reduction equipment;
• prior to imposing an abstinence condition, require that courts consider a person’s dependence on drugs or alcohol. Abstinence conditions shall not be imposed on people living with addictions, except where doing so is necessary to protect the safety of a victim, witness, or the public, and harm-reduction measures shall be preferred over abstinence;
• limit “red zone” conditions to situations where there is a substantial likelihood that, if released without a red zone, the accused will commit an offence involving violence or serious harm within the red zone and ensure that any red zone is tailored to the alleged offence, the principles of judicial interim release or probation, and circumstances of the individual;
• remove paragraph 504(2.1) (g), the power for police to impose “abstinence” conditions; and
• eliminate criminal sanctions for non-violent breaches of behavioural conditions.

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

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.

Operationalizing stigma-auditing

Recommendation 32: In consultation with experts, including human rights law organizations, trauma specialists, and people with lived experience, the Province of British Columbia should adopt a standardized tool and training protocol for conducting “stigma audits” of current laws, policies, and regulations in BC, and to inform the development of new laws, policies, and regulations.