360 search results for
Criminal justice system
Recommendation 55:
We call upon all levels of government to provide annual reports or any current data requested by the National Council for Reconciliation so that it can report on the progress towards reconciliation. The reports or data would include, but not be limited to:
- The number of Aboriginal children—including Métis and Inuit children—in care, compared with non-Aboriginal children, the reasons for apprehension, and the total spending on preventive and care services by child-welfare agencies.
- Comparative funding for the education of First Nations children on and off reserves.
- The educational and income attainments of Aboriginal peoples in Canada compared with non-Aboriginal people.
- Progress on closing the gaps between Aboriginal and non-Aboriginal communities in a number of health indicators such as: infant mortality, maternal health, suicide, mental health, addictions, life expectancy, birth rates, infant and child health issues, chronic diseases, illness and injury incidence, and the availability of appropriate health services.
- Progress on eliminating the overrepresentation of Aboriginal children in youth custody over the next decade.
- Progress on reducing the rate of criminal victimization of Aboriginal people, including data related to homicide and family violence victimization and other crimes.
- Progress on reducing the overrepresentation of Aboriginal people in the justice and correctional systems.
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Category and theme:
- Decolonization and Indigenous rights ,
- Economic inequality ,
- Education and employment ,
- Health ,
- Health, wellness and services ,
- Indigenous children and youth in care ,
- Indigenous issues in policing and justice ,
- Mental health and detention ,
- Policing and the criminal justice system ,
- Poverty and economic inequality ,
- Pre-natal care ,
- Public services
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Recommendation 3:
PROFESSIONAL PRACTICES IN HANDLING SEXUAL ASSAULT CASES—changes to justice system professionals’ decision-making practices and communication with survivors
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Recommendation 22:
Prisoners who are repeatedly subject to force should have all subsequent uses of force automatically reviewed by the Force Options Coordinator and, if appropriate, by the mental health expert mentioned in recommendation 13.
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Recommendation 1:
Prioritize trauma-informed practice, de-escalation and peaceful resolution throughout the use of force policy and related policies.
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Recommendation 18:
Pre-trial detention of a parent can be very disruptive for the child. It is a stressful time of transition. At the same time, as bail and other pre-trial decisions are being made concerning a parent, one cannot necessarily rely on that individual to disclose their parenting status and the situation of their children. Parents facing imprisonment have difficulties in arranging care for their children. They have limited time and resources to do so, and may not want to disclose that they have children because of concern that child welfare authorities will become involved. In some instances, chaotic family circumstances may make it difficult for the parents to make suitable care arrangements for their children, particularly in what may be a crisis situation for the family.
Delays in criminal proceedings (particularly when a parent is remanded in custody) can be disruptive and have significant impact on a child. Delays can add to the anxiety and fear experienced by the children. Children need help understanding what is happening to their parent and to themselves.
Delays in criminal proceedings (particularly when a parent is remanded in custody) can be disruptive and have significant impact on a child. Delays can add to the anxiety and fear experienced by the children. Children need help understanding what is happening to their parent and to themselves.
- Ensure that arrest and detainment procedures take into account the responsibility of parents to arrange care for their children in addition to addressing their legal circumstances.
- Ensure that bail and pre-trial detention decisions take into account, as much as is possible, the likely impact of the decision on the family and the children of the accused.
- Ensure that reporting requirements and conditions attached to a bail supervision order take account of, and do not negatively affect, an offender’s child caring responsibilities.
- Inform families about the conditions imposed by a bail supervision order.
- Avoid unnecessary delays in proceedings concerning a parent/parents in pre-trial detention.
- Assist parents facing pre-trial detention in communicating with their family and arranging temporary care for their children.
Enhancing the Protective Environment for Children of Parents in Conflict with the Law or Incarcerated: A Framework for Action
Group/author:
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
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2018
2018
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Recommendation 19:
Police Services must create a provincial practice direction for police officers upon release of an accused, adopting the following recommendations of the Canadian Civil Liberties Association:
- police should make increased use of their power to release and ensure that any conditions imposed are constitutional and legally permissible under the Criminal Code.
- individuals released from police custody should be proactively informed of the procedures that can be used to vary police-imposed conditions under the Criminal Code; and
- police should release individuals under the most minimally restricting conditions available in the circumstance, taking into consideration an individual’s need to access shelter, social services, health care, and community, as well as the possible disability status of the individual, including addiction.
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Recommendation 5:
Parents play an important role in helping children go through the difficult experience of parental incarceration or conflict with the law. That role, however, is subject to some important caveats relating to the child’s safety, wellness, development, etc. It is important to support, as appropriate, the role of the incarcerated parent from the start of detention and after release.
Enhancing the Protective Environment for Children of Parents in Conflict with the Law or Incarcerated: A Framework for Action
Group/author:
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
Year:
2018
2018
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Recommendation 6:
One of the most valuable ways in which judicial perspectives could be sought as to the level of education and training received across Canada, would be through an in-depth consultation that would identify fundamental flaws within the Canadian legal system (see Martinson & Jackson, 2016). Consultations should include members of the Indigenous legal community, who are best placed to speak to the needs of Indigenous children in Canada (CBA, 2020).
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Category and theme:
- Access to justice ,
- Accessibility ,
- Accessible services and technology ,
- Ageism ,
- Courts ,
- Decolonization and Indigenous rights ,
- Discrimination and hate ,
- Education and employment ,
- Human rights system ,
- Indigenous children and youth in care ,
- International human rights ,
- Policing and the criminal justice system ,
- Poverty and economic inequality ,
- Public services ,
- Racism ,
- Representation and leadership
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Recommendation 11:
One must attempt to facilitate the exchange of information among those agencies, institutions, and services that are able to offer care and assistance to children of parents in conflict with the law. At the same time, the privacy protection measures guiding information exchange must be respected. In that way, organizations are provided with the mandate and capacity to collaborate and share information to provide a continuum of care to the children and their families.
- Remove obstacles that hinder outreach activities and the identification of children of parents in conflict with the law by those who can offer them support and assistance. This may involve re-examining, in the light of the principle of the best interests of the child, any privacy and confidentiality protection measure or other factors hindering information exchange and collaboration among and between agencies and significant community resources. For example, the Freedom of Information and Protection of Privacy Act can be upheld through individuals and families controlling access to and disclosure of personal information through informed consent.
- Develop interagency protocols regarding the sharing of information in order to facilitate supportive interventions, or review existing cooperation protocols.
- Ensure that interagency protocols clearly specify the situations in which a guardian’s or a family’s permission to share information is not required, for example when there are child and adult protection issues.
Enhancing the Protective Environment for Children of Parents in Conflict with the Law or Incarcerated: A Framework for Action
Group/author:
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
Elizabeth Fry Society of Greater Vancouver, International Centre for Criminal Law Reform and Criminal Justice Policy, University of the Fraser Valley – School of Criminology and Criminal Justice
Year:
2018
2018
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Recommendation 52:
We call upon the Government of Canada, provincial and territorial governments, and the courts to adopt the following legal principles:
- Aboriginal title claims are accepted once the Aboriginal claimant has established occupation over a particular territory at a particular point in time.
- Once Aboriginal title has been established, the burden of proving any limitation on any rights arising from the existence of that title shifts to the party asserting such a limitation.
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