How court-imposed conditions set people up to fail

The Provincial Court of British Columbia should:

Recommendation 18: Create a Provincial Court resource outlining “harm reduction services,” including a definition of:

1. “drug paraphernalia” as harm reduction equipment;
2. “Safe Consumption Sites” and “Overdose Prevention Sites”;
3. needle exchange;
4. opioid substitution treatment; and v. low-barrier health services.

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.

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 & operationalizing stigma-auditing

Recommendation 23: The Province of British Columbia must amend the Human Rights Code, RSBC 1996, c 210 to prohibit discrimination and harassment based on social condition.

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

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.