360 search results for
Criminal justice system
Recommendation 11:
That the Ministry of Health and the Ministry of Mental Health and Addictions put forward amendments to the Mental Health Act after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies to ensure that, for children and youth who are detained under the Mental Health Act, isolation and restraint are:
- only used as a last resort when all other interventions have been exhausted, and
- only used in accordance with specific legislative or regulatory criteria including assessment, time limits, reviews, documentation and reporting requirements.
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Recommendation 13:
That the Ministry of Health and the Ministry of Mental Health and Addictions put forward amendments to the Mental Health Act after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies to create mandatory periodic Mental Health Review Board reviews for (i) involuntarily detained children and youth, and (ii) children under 16 who are admitted at the request of their parents, to ensure that such reviews do not depend on the child’s knowledge or ability to make such a request. Mandatory reviews should only be conducted with the consent of the child or youth or their representative. Amendments to be put forward by May 1, 2022
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Recommendation 12:
That the Ministry of Health and the Ministry of Mental Health and Addictions conduct an evidence informed and outcomes-based review of extended leave for children and youth who are detained under the Mental Health Act to:
- assess the effectiveness of extended leave as a mental health intervention for children and youth, and
- if extended leave is determined to be effective, review the need for additional legislative or regulatory criteria and oversight mechanisms, and review the extent to which children and youth are aware of and exercise their rights on extended leave.
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Recommendation 14:
That the Mental Health Review Board pilot a new Review Board hearing process for children and youth that centres the young person and is trauma-informed and culturally attuned after actively engaging and consulting with health authorities, First Nations, Métis Nation and urban Indigenous communities and leadership and other appropriate bodies. Pilot to be operational by Oct. 1, 2022.
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- Access to justice ,
- Corrections ,
- Culture and language ,
- Decolonization and Indigenous rights ,
- Health ,
- Health, wellness and services ,
- Human rights system ,
- Indigenous children and youth in care ,
- Mental health and detention ,
- Policing and the criminal justice system ,
- Poverty and economic inequality ,
- Public services
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Recommendation 5:
That the Attorney General in partnership with the Ministries of Health and Mental Health and Addictions, ensure that an independent body is notified every time a child or youth is detained under the Mental Health Act and that this body is mandated to provide rights advice and advocacy to children and youth. Independent body to be in place by Dec. 1, 2021.
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Recommendation 1:
Take immediate action to address systemic discrimination in policing by ending all street checks in Vancouver and BC. Street checks are harmful and discriminatory for Indigenous, Black, and low-income communities.
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Recommendation 18:
Systemic neighbourhood environmental issues
To address safety concerns expressed by interviewees, there are several larger structural solutions such as increasing the number of safe and affordable housing units, access to health-focused treatment, and equitable employment opportunities. One short-term measure could be to install lighting on streets and in alleyways to help people feel safe during evenings and at night.
In the interim, reducing criminalization and stigmatization of community members would alleviate further social divides. Instead, we recommend an approach that allows them to thrive that takes an inclusive approach to housing, employment, social security, and access (services, food, other), which would require cooperative action by all levels of government and stakeholders.
Ultimately, a systems change approach would need to be applied to adequately address the root causes of these issues. As noted in the Resilient Vancouver Phase One Engagement Report (2018), many of these issues are interrelated and solutions need to involve multiple city departments, all levels of government, and other stakeholders.
To address safety concerns expressed by interviewees, there are several larger structural solutions such as increasing the number of safe and affordable housing units, access to health-focused treatment, and equitable employment opportunities. One short-term measure could be to install lighting on streets and in alleyways to help people feel safe during evenings and at night.
In the interim, reducing criminalization and stigmatization of community members would alleviate further social divides. Instead, we recommend an approach that allows them to thrive that takes an inclusive approach to housing, employment, social security, and access (services, food, other), which would require cooperative action by all levels of government and stakeholders.
Ultimately, a systems change approach would need to be applied to adequately address the root causes of these issues. As noted in the Resilient Vancouver Phase One Engagement Report (2018), many of these issues are interrelated and solutions need to involve multiple city departments, all levels of government, and other stakeholders.
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Category and theme:
- Accessibility ,
- Accessible services and technology ,
- Alternative solutions ,
- Classism ,
- Discrimination and hate ,
- Food insecurity ,
- Health ,
- Housing and homelessness ,
- Income insecurity and benefits ,
- Mental health and detention ,
- Policing and the criminal justice system ,
- Poverty ,
- Poverty and economic inequality ,
- Public services ,
- Racism ,
- Substance use
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Recommendation 181:
Strengthen all the social determinants of Indigenous women’s health by ensuring access to and governance over land, culture, language, housing, child care, income security, employment, education, and safety.
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Recommendation 171:
Start all Indigenous women prisoners at a minimum-security level and remove the requirement to automatically incarcerate Indigenous women in a maximum security facility for the first two years of a murder sentence.
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Recommendation 5:
The Canadian legal system also requires specialised training of professionals working with children, including mental health professionals, lawyers, and judges (Bala & Birnbaum, 2019; Collins, 2019; Paetsch et al., 2018). This is particularly important for legal professionals working on cases involving parental alienation and/or family violence (Elrod, 2016; Martinson & Jackson, 2016). These types of cases require judges and mental health professionals who are experienced in discovering and addressing problems in the family, as there can be multiple reasons for a child refusing contact with a parent or guardian, including family violence that can continue to put the child at risk if left unaddressed in custody and access decisions (Elrod, 2016; Martinson & Tempesta, 2018).
Specific recommendations for children’s legal counsel include: ensuring democratic communication, in which lawyers and child both share information about themselves to build trust in preparation for proceedings; having lawyers inform children about the court process and what it means to have a lawyer represent them; having lawyers pose questions to children to better recognize how children understand the court process; and getting lawyers to emphasize flexibility in the child’s options to share their views, not share them at all or change their instructions to the lawyer (Bala & Birnbaum, 2019; Koshan, 2020; Horsfall, 2013; Paetsch et al., 2018). Those working at family courts should receive specialised training on family violence and high-risk cases, which can have a substantial impact on children’s rights (Koshan, 2020; Martinson & Raven, 2020a). From a scholastic perspective, much more research is needed to understand which of the many strategies implemented across Canada (and the world) might be most helpful to children’s legal participation (Birnbaum & Saini, 2012). This requires ongoing cooperation and collaboration between the legal and academic communities, to guarantee specialised and sensitised approaches to this topic.
Specific recommendations for children’s legal counsel include: ensuring democratic communication, in which lawyers and child both share information about themselves to build trust in preparation for proceedings; having lawyers inform children about the court process and what it means to have a lawyer represent them; having lawyers pose questions to children to better recognize how children understand the court process; and getting lawyers to emphasize flexibility in the child’s options to share their views, not share them at all or change their instructions to the lawyer (Bala & Birnbaum, 2019; Koshan, 2020; Horsfall, 2013; Paetsch et al., 2018). Those working at family courts should receive specialised training on family violence and high-risk cases, which can have a substantial impact on children’s rights (Koshan, 2020; Martinson & Raven, 2020a). From a scholastic perspective, much more research is needed to understand which of the many strategies implemented across Canada (and the world) might be most helpful to children’s legal participation (Birnbaum & Saini, 2012). This requires ongoing cooperation and collaboration between the legal and academic communities, to guarantee specialised and sensitised approaches to this topic.
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Category and theme:
- Access to justice ,
- Accessibility ,
- Accessible services and technology ,
- Ageism ,
- Courts ,
- Decolonization and Indigenous rights ,
- Discrimination and hate ,
- Human rights system ,
- Indigenous children and youth in care ,
- International human rights ,
- Policing and the criminal justice system ,
- Poverty and economic inequality ,
- Public services
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