The impacts of police and policing

The Director of Police Services must develop the following Provincial Policies for all policing agencies in British Columbia:

Recommendation 7: A Provincial Policy on confiscation of belongings by police which includes:

1. a strong statement that explains to all police forces the harm caused by the confiscation of homeless people’s belongings;
2. deprioritize confiscating homeless people’s belongings, especially necessities of life such as shelter, clothing, medication, and important personal items; and
3. a directive to issue receipts for belongings and cash where they must be taken, with instructions for how to get them back.

The impacts of police and policing

The Director of Police Services must develop the following Provincial Policies for all policing agencies in British Columbia:

Recommendation 8: A Provincial Policy detailing people’s right to privacy in tents and informal living structures akin to the right to privacy in private residences.

The impacts of police and policing

Recommendation 10: The Ministry of Housing and Municipal Affairs (MHMA) must make a province-wide commitment to supporting homeless people to maintain their belongings and to ensuring that homeless people have access to services without fear of losing their possessions. The MHMA must partner with local governments in collaboration with groups of people with lived experience, to train local bylaw officers:

• to recognize and respect the belongings of homeless people; and
• to work effectively with people experiencing homelessness to clean up or discard belongings where there is a pressing public safety, access, or environmental need to do so.

The impacts of police and policing

Recommendation 11: The Ministry of Public Safety and Solicitor General, in partnership with the MHMA, should issue a directive stating that no public funds may be used for private security patrols on public property, including in public parks.

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. ii. 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 20: The Ministry of Justice and/or Court Services Branch must update any Ministry of Justice databases (e.g. JUSTIN) and related practices, policies, and technology platforms, to ensure that the imposition of bail and sentencing conditions can be tracked in correlation with housing status and race, and that breaches of bail or sentencing can be properly recorded and searched based on the type of condition breached.

Service gaps and barriers

Recommendation 24: The Ministry of Mental Health and Addictions and the Ministry of Health must improve the ability of BC hospitals to meet the needs of people living with the effects of substance use, mental illness, and/or homelessness by:

• auditing experiences in hospitals, beginning with an analysis of people’s experiences where they have been turned away from emergency rooms or discharged and where there have been negative health consequences;
• working with people with lived experience to audit provincial standards for effectively managing substance withdrawal in hospital settings;
• ensuring that all hospitals offer supervised consumption services to patients; and
• working with the Ministry of Municipal Affairs and Housing to create transitional housing options to ensuring that sick and injured people are not released from the hospital to the streets or to emergency shelter.

Service gaps and barriers

Recommendation 30: The Ministry of Housing and Municipal Affairs must immediately improve the number and accessibility of shelter options to ensure that everyone in BC always has access to a physical location where they can sleep, store belongings, and attend to personal care and hygiene in safety and without threat of displacement or sanctions. To do so they must:

• work in partnership with BC Housing to reinstate nightly turn-away counts at shelters and use data to ensure that there are adequate shelter beds to address the level of need in each municipality;
• with the exception of temporary Extreme Weather Response shelters, recognize that overnight-only shelters are untenable for residents and provide funding to expand shelter hours; and
• provide shelter residents an accessible and independent complaint process.

Service gaps and barriers

Recommendation 31: All government actors and health care providers must recognize the specific and indispensable expertise of people with lived experience. Increase peer-run and peer-delivered services and peer-support positions within government services by:

• developing a provincial advisory board of people with lived experience of homelessness for BC Housing;
• establishing provincial best practices for engaging people with lived experience of poverty, homelessness, and substance use in service delivery modelled on GIPA (Greater Involvement of People living with HIV/AIDS), MIPA (Meaningful Involvement of People Living with HIV), and NAUWU (Nothing About Us Without Us) principles;
• collaborating with peer-led organizations to audit all provincial services (hospital, health, income assistance, shelter, housing) to identify and fund opportunities for peer engagement in service provision and planning; and
• developing a model for peer-involvement in the design and execution of homeless counts.

Operationalizing stigma-auditing

Recommendation 34: In its first year in operation, the BC Human Rights Commission should prioritize stigma-auditing areas of law and policy that most directly impact highly stigmatized populations, including, but not limited to:

• public space governance;
income assistance and disability policy;
• housing policy and residential tenancy law;
• child welfare law and policy;
• policing law and policy;
• health policy related to mental health and substance use; and
• privacy law as it relates to people who live in public space and people who are criminalized as a result of substance use.