Recommendations to end criminalization of Indigenous women in the DTES

Legal and judicial reform

Recommendation 154: Repeal the mandatory imposition of the victim fine surcharge and give judges the discretion to waive the fine for those unable to pay it.

Recommendations to end criminalization of Indigenous women in the DTES

Legal and judicial reform

Recommendation 155: Reform the drug treatment court process so as to not require a guilty plea to access the program.

Recommendations to end criminalization of Indigenous women in the DTES

Legal and judicial reform

Recommendation 156: Increase the ways in which failures to appear and other violations can be quashed early in the judicial process and take proactive steps to clear bench warrants for Indigenous women.

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 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 165: The Federation of Law Societies of Canada, law schools in Canada, and the Canadian Judicial Council must provide mandatory training to all law students, lawyers, and judges on the legacy of residential schools, Canada’s obligations under the United Nations Declaration on the Rights of Indigenous Peoples, Indigenous legal traditions, Gladue principles, and the systemic failure of colonial legal systems to uphold justice for Indigenous people.

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.