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Access to justice
Full Indigenous jurisdiction
Recommendation 1: Implementation of the United Nations Declaration on the Rights of Indigenous Peoples at all levels of government; assertion of Aboriginal Title over lands; jurisdiction over all areas of law-making; and restoration of collective Indigenous women’s rights and governance.-
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Legislative reform to reduce Indigenous women’s manufactured vulnerability
Recommendation 4: Implement independent civilian oversight of officials responsible for responding to and investigating violence against Indigenous women. Ensure that administrative, disciplinary, or criminal measures are available to hold such officials accountable when officers are found to have failed to act on reports of missing women or to have carried out biased or inadequate investigations of violence against Indigenous women.-
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- Access to justice ,
- Courts ,
- Decolonization and Indigenous rights ,
- Discrimination and hate ,
- Gender-based violence ,
- Health, wellness and services ,
- Human rights system ,
- Indigenous issues in policing and justice ,
- Missing and murdered Indigenous women, girls, Two-Spirit, and LGBTQ2SIA+ people ,
- Policing ,
- Policing and the criminal justice system ,
- Sexism
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Legislative reform to reduce Indigenous women’s manufactured vulnerability
Recommendation 7: 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.-
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Legislative reform to reduce Indigenous women’s manufactured vulnerability
Recommendation 8: End the policing practice of street checks; reduce the number of bylaw infraction tickets issued by police in the DTES; prohibit police from carrying and using all lethal weapons; develop guidelines to facilitate greater use of police discretion not to lay charges especially for minor poverty-related offences; and end the counter-charging and criminalization of Indigenous women who defend themselves or their children.-
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- Access to justice ,
- Classism ,
- Decolonization and Indigenous rights ,
- Discrimination and hate ,
- Economic inequality ,
- Human rights system ,
- Indigenous children and youth in care ,
- Indigenous issues in policing and justice ,
- Indigenous rights and self-governance ,
- Policing and the criminal justice system ,
- Poverty ,
- Poverty and economic inequality ,
- Sexism
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Legislative reform to reduce Indigenous women’s manufactured vulnerability
Recommendation 10: Repeal laws that criminalize or increase harm for Indigenous women in the sex trade.-
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Recommendation 11:
End the criminalization of people who use or possess small amounts of illicit substances.
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Immediate services needed in the DTES
Recommendation 23: Fund an Indigenous legal clinic in the DTES that can support Indigenous women in all criminal and civil legal matters including but not limited to family, criminal, mental health, and poverty law issues.-
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Recommendations to end Indigenous women’s displacement from land
On reserve
Recommendation 44: All levels of government should fully implement Jordan’s Principle.-
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Recommendations to guarantee economic security for Indigenous women in the DTES
Recommendation 54: Implement the United Nations Declaration on the Rights of Indigenous Peoples and the Truth and Reconciliation Commission’s Calls to Action.-
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Recommendations for safe and affordable housing for Indigenous women in the DTES
Legislative protections
Recommendation 103: The provincial Residential Tenancy Act needs to be amended as follows:- The Act must cover all housing, including residents of social housing, nonprofit SROs, supportive housing, and temporary modular housing. People living in supportive housing should not be subjected to restrictive rules that violate their basic tenancy rights.
- The Act must tie rent to the unit, not the tenant, so landlords cannot renovict tenants to increase rents. The Act must also tie landlord rights to increase rent with obligations to maintain property and to comply with orders made by the Residential Tenancy Branch.
- Extend the ‘right of first refusal’ to tenants to return at their renovated unit at the previously payable rent in order to prevent renovictions. Also extend right of first refusal to all tenants, not just those living in residential complexes of more than five units.
- When evicting a tenant on grounds that the landlord or a close family member intends to move in, require the landlord to file a statutory declaration indicating their relationship to the family member and that they intend to occupy the unit for at least six months.
- Extend the grace period for non-payment of rent to 20 days; eliminate the Direct Request Process for non-payment of rent; and allow arbitrators discretion to consider contextual factors and refuse an order of possession for failure to pay rent.
- Provide tenants the right to a warning before getting an eviction notice for cause and require automatic dispute resolution hearings for all evictions, where landlords initiate eviction proceedings by applying with the Residential Tenancy Branch in order to receive a registered eviction notice and schedule a mandatory hearing.
- Develop a property maintenance policy that outlines a breadth of health, safety, and security standards.
- Create more robust enforcement mechanisms at the Residential Tenancy Branch to stop fraudulent evictions and to ensure landlords are adhering to maintenance obligations; amend criteria and lower the threshold for accepting investigation requests; increase the deadlines and expand the grounds for Review Consideration; and introduce a wider breadth of penalties that are imposed more often.
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