159 search results for
Experiences of mental health challenges
Recommendation 2:
BC should recognize a holistic approach to mental wellness as a guiding principle in its mental health law.
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Recommendation 7:
BC should promote self-determination at every opportunity as a guiding principle in its mental health law.
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Recommendation 6:
BC should prioritize intersectional equity as a guiding principle in its mental health law.
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Recommendation 5:
BC should include compliance with UNDRIP as a guiding principle in its mental health law.
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Recommendation 8:
BC should include accountability and oversight as a guiding principle in its mental health law.
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Recommendation 59:
As long as Pinel restraints are administered by correctional staff, consider their application a reportable use of force.
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Recommendation 3:
Another crucial step is to address the social disparities that amplify the risks for harm following an event such as COVID-19. Particular attention should be paid to children who are already disadvantaged. The pandemic can be the instigation to launch initiatives such as: ensuring that no children are living in precarious socioeconomic circumstances; augmenting support services for children in need; reducing the number of avoidable adversities that children face in addition to COVID-19, including addressing racism; and rectifying inadequate living conditions in many Indigenous communities, as well as raising the levels of funding and support for child health, social and educational programs to achieve parity with non Indigenous communities. Related to this, approaches that strengthen families and communities can promote resilience when children do have to face adversities. Given the likelihood that the impact of COVID-19 may be enduring, building these foundations for resilience are crucial — through initiatives that reduce disparities and ensure that all BC children can flourish.
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Recommendation 184:
An Indigenous Health and Wellness Centre in the DTES and more Indigenous run health programs that use Indigenous methods and medicines to address physical, mental, sexual, emotional, and spiritual harms.
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Recommendation 18:
An Indigenous Health and Wellness Centre in the DTES and Indigenous-run health programs that use Indigenous methods to address physical, mental, sexual, emotional, and spiritual harms. Also fund more mobile healthcare vans and community-based clinics, street nurses, and healthcare providers in the DTES.
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Recommendation 20:
Views of the Child – s. 37(1)(b)
Brown, findlay, Martinson, and Williams (2021) recommend amending s. 37(1)(b) of the FLA to remove the words, “unless it is inappropriate to consider them” and to add the words, “and give those views due weight in accordance with their age and maturity.” This would provide consistency with the 2019 Divorce Act, and the CRC.
Definition of Family Violence – s. 1
Brown, findlay, Martinson, and Williams (2021) also recommend that the definition of psychological or emotional violence be clarified to provide that it is the impact of psychological or emotional family violence, including impact on a child, not the intention of the abuser, that is relevant. This would make it clear that violence must be considered from the child’s perspective if the child is the victim of psychological or emotional family violence.
Conflating Conflict and Family Violence
Section 199(1) of the FLA addresses both minimizing conflict and protecting children and parties from family violence. The section should be amended to make it clear that the object of reducing conflict cannot override the overarching obligation to ensure children’s safety, security, and well-being (Brown, findlay, Martinson, & Williams, 2021).
Considering Other Civil or Criminal Proceedings – s. 37(2)(j)
The CBA 2020 report, when speaking about the relevant provision in the 2019 Divorce Act, recognizes the importance of stating that the objective of considering other proceedings is to both avoid conflicting orders and to coordinate proceedings. The 2019 Act also creates a duty upon judges to obtain such information. The FLA should be amended to conform with the new Divorce Act provision.
Amending s. 203 – Legal Representation
Section 203 inappropriately and significantly limits the ability of courts to appoint lawyers for children as required by the CRC and should be amended accordingly (Brown, findlay, Martinson, & Williams, 2021; Martinson & Tempesta, 2010).
Amendments to the CFCSA
The CFCSA should be amended to include express provisions and specific procedures that incorporate children’s views in child protection proceedings, including an enabling provision for legal representation (Child Protection Project Committee, BCLI, 2020). According to the Child Protection Project Committee of the BCLI (2020), this clarification of the law is necessary to prevent children’s views from being overlooked due to broad judicial interpretation under the CFCSA’s current form. This enabling provision should include detailed options and factors to consider for incorporating children’s views in child protection proceedings, while maintaining wide judicial discretion (Child Protection Project Committee, BCLI, 2020).
The CFCSA should also include a clear enabling provision for legal representation of children in child protection proceedings, which is currently missing from B.C. legislation, unlike most other provinces (Child Protection Project Committee, BCLI, 2020). Provisions for enabling legal representation for children should also clarify who should decide when appointing counsel is appropriate, factors to consider, how to determine appropriate capacity of the child and who should pay for the lawyer (Child Protection Project Committee, BCLI, 2020).
br>Finally, the BCLI Child Protection Project Committee (2020) notes that changes to the legislation are modest reforms and should exist alongside ministerial policies that are more flexible to changes and adequately funded programs to carry out children’s legal participation.
Views of the Child – s. 37(1)(b)
Brown, findlay, Martinson, and Williams (2021) recommend amending s. 37(1)(b) of the FLA to remove the words, “unless it is inappropriate to consider them” and to add the words, “and give those views due weight in accordance with their age and maturity.” This would provide consistency with the 2019 Divorce Act, and the CRC.
Definition of Family Violence – s. 1
Brown, findlay, Martinson, and Williams (2021) also recommend that the definition of psychological or emotional violence be clarified to provide that it is the impact of psychological or emotional family violence, including impact on a child, not the intention of the abuser, that is relevant. This would make it clear that violence must be considered from the child’s perspective if the child is the victim of psychological or emotional family violence.
Conflating Conflict and Family Violence
Section 199(1) of the FLA addresses both minimizing conflict and protecting children and parties from family violence. The section should be amended to make it clear that the object of reducing conflict cannot override the overarching obligation to ensure children’s safety, security, and well-being (Brown, findlay, Martinson, & Williams, 2021).
Considering Other Civil or Criminal Proceedings – s. 37(2)(j)
The CBA 2020 report, when speaking about the relevant provision in the 2019 Divorce Act, recognizes the importance of stating that the objective of considering other proceedings is to both avoid conflicting orders and to coordinate proceedings. The 2019 Act also creates a duty upon judges to obtain such information. The FLA should be amended to conform with the new Divorce Act provision.
Amending s. 203 – Legal Representation
Section 203 inappropriately and significantly limits the ability of courts to appoint lawyers for children as required by the CRC and should be amended accordingly (Brown, findlay, Martinson, & Williams, 2021; Martinson & Tempesta, 2010).
Amendments to the CFCSA
The CFCSA should be amended to include express provisions and specific procedures that incorporate children’s views in child protection proceedings, including an enabling provision for legal representation (Child Protection Project Committee, BCLI, 2020). According to the Child Protection Project Committee of the BCLI (2020), this clarification of the law is necessary to prevent children’s views from being overlooked due to broad judicial interpretation under the CFCSA’s current form. This enabling provision should include detailed options and factors to consider for incorporating children’s views in child protection proceedings, while maintaining wide judicial discretion (Child Protection Project Committee, BCLI, 2020).
The CFCSA should also include a clear enabling provision for legal representation of children in child protection proceedings, which is currently missing from B.C. legislation, unlike most other provinces (Child Protection Project Committee, BCLI, 2020). Provisions for enabling legal representation for children should also clarify who should decide when appointing counsel is appropriate, factors to consider, how to determine appropriate capacity of the child and who should pay for the lawyer (Child Protection Project Committee, BCLI, 2020).
br>Finally, the BCLI Child Protection Project Committee (2020) notes that changes to the legislation are modest reforms and should exist alongside ministerial policies that are more flexible to changes and adequately funded programs to carry out children’s legal participation.
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