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Interacting with criminal justice system


Recommendations to end criminalization of Indigenous women in the DTES

Legal and judicial reform

Recommendation 157: Legislation should require Gladue factors to be used as mitigating factors only, unless the victim is an Indigenous woman in which case her wishes should take precedence over an offender.


Recommendations to end criminalization of Indigenous women in the DTES

Access to justice

Recommendation 158: All levels of government must commit to using non-incarceration measures especially for poverty-related minor offenses. Governments must also provide sufficient and stable funding to Indigenous communities and organizations to provide alternatives to incarceration including community-based rehabilitation, diversion, community courts, and restorative justice methods geared towards Indigenous women.


Recommendations to end criminalization of Indigenous women in the DTES

Access to justice

Recommendation 160: Increase Indigenous women’s Access to justice by extending funding to guarantee all Indigenous women have access to full legal aid for criminal and civil legal matters including family, criminal, mental health, and poverty legal aid.


Recommendations to end criminalization of Indigenous women in the DTES

Access to justice

Recommendation 161: Gladue is a legal requirement. All levels of government have an obligation to ensure that all Indigenous women in the DTES have timely, appropriate, and high-quality access to Gladue reports when involved in the criminal justice system.


Recommendations to end criminalization of Indigenous women in the DTES

Access to justice

Recommendation 162: Expand the number and scope of courts like B.C.’s First Nations Court that emphasize healing plans over punishment.


Recommendations to end criminalization of Indigenous women in the DTES

Access to justice

Recommendation 163: Expand funding for community-based and court-based victim services.


Recommendations to end criminalization of Indigenous women in the DTES

Access to justice

Recommendation 166: Implement existing recommendations of the Aboriginal Justice Implementation Commission.


Recommendations to end criminalization of Indigenous women in the DTES

Access to justice

Recommendation 167: Implement existing recommendations in Justice Reform for British Columbia by Community Legal Assistance Society, Pivot Legal Society, West Coast LEAF, and B.C. Civil Liberties Association.


Recommendations to end criminalization of Indigenous women in the DTES

Correctional facilities

Recommendation 168: Full decarceration of Indigenous women in the federal and provincial corrections system. No Indigenous woman should ever be sentenced into a colonial system.


Recommendations to end criminalization of Indigenous women in the DTES

Correctional facilities

Recommendation 169: Increased resourcing, capacity, and funding for section 81 Healing Lodges. Indigenous nations and urban Indigenous organizations must be able to operate Healing Lodges on a long-term basis and with full wrap-around supports. Change the policy of not allowing women with maximum-security classifications to be at CSC-operated healing lodges and increase access to all healing lodges.


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