374 search results for
Interacting with criminal justice system
Recommendation 15:
Amend the Public Prosecution Service of Canada Deskbook Part 3.18 sections 2 and 5 to:
- more clearly reflect the Criminal Code requirement that an accused be released unconditionally unless their detention or the imposition of conditions is justified; and
- take into consideration the potential harms of imposing certain conditions on certain individuals based on their social condition, race, ability status, housing status, and substance use. ii. take into consideration the potential harms of imposing certain conditions on certain individuals based on their social condition, race, ability status, housing status, and substance use.
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Recommendation 17:
Amend the Provincial Court of British Columbia, “Bail Orders Picklist”, May 1, 2017 and Provincial Court of British Columbia, “Probation Orders Picklist” May 1, 2017 to:
- remove “Drug Paraphernalia” conditions;
- restrict the use of “No Alcohol or Drugs” conditions in relation to people with addictions;
- remove “banishment” conditions entirely;
- ensure that all “red zone” conditions are imposed only where doing so is required to protect the safety of a victim, witness, or the public from violence or serious harm. In doing so, red zones must be tailored to the alleged offence and the circumstances of the individual. Under no circumstances are standardized red zones appropriate; and
- prohibit the imposition of behavioural or geographic conditions that would interfere with the ability to access health or social services, including harm reduction health services.
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Recommendation 14:
Amend the BC Prosecution Service Information Sheet “Bail (Conditional Release)” to reflect the presumption of unconditional release.
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Recommendation 13:
Amend the BC Crown Counsel Policy Manual to include a policy on “Conditions of Release” that:
- aligns with the Criminal Code requirement that an accused be released unconditionally unless their detention or the imposition of conditions is justified;
- reflects Supreme Court of Canada jurisprudence requiring that conditions of release be minimally onerous and that every imposition of more restrictive conditions must be individually justified; and
- takes into consideration the potential harms of imposing certain conditions on some individuals based on their social condition, race, ability status, housing status, and substance use.
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Recommendation 19:
Amend the Adult Custody Policy to require that any planned or reasonably anticipated use of force be videotaped with a body camera from the outset, and that any spontaneous use of force be videotaped immediately after it begins.
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Recommendation 32:
Amend the Adult Custody Policy to require photographing of all visible injuries (whether or not they require medical attention). Clarify who is responsible for photographing a prisoner’s injuries (it must not be staff who were involved in the use of force) and how soon the photographs must be taken.
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Recommendation 20:
Amend the Adult Custody Policy to require managers to ensure all relevant video footage of a use of force has been preserved within 14 days (so that footage is not deleted).
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Recommendation 31:
Amend the Adult Custody Policy to require decontamination showers (unshackled and with soap, for as long as necessary for proper decontamination) and fresh clothing to be provided immediately. The decontamination process should be videotaped (with provisions made to ensure privacy is protected).
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Recommendation 44:
Amend s. 12(1) of the Correction Act to remove the authorization of force “to prevent property damage” and “to maintain custody and control of an inmate.”
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Recommendation 79:
Amend policy to require that post-use of force medical assessments include a determination of whether the prisoner has received clean clothing and bedding and has a clean cell.
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