Recommendations to end criminalization of Indigenous women in the DTES

Legal and judicial reform

Recommendation 151: End the criminalization of people who use or possess small amounts of illicit substances.

Recommendations to end criminalization of Indigenous women in the DTES

Legal and judicial reform

Recommendation 152: End the criminalization of homelessness by eliminating bylaw infractions and criminal charges for sleeping or tenting in public spaces, and end the displacement of tent cities.

Recommendations to end criminalization of Indigenous women in the DTES

Legal and judicial reform

Recommendation 153: End transit fare evasion ticketing.

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 159: Fund an Indigenous legal clinic in the DTES that can support Indigenous women in all legal matters and provide regular legal education workshops.

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.