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Government of Canada
Recommendation 24:
- Support the development of systems, standards and practices that respect and reflect the pivotal place that culture, tradition, values, language and identity play in the lives of children.
- Help children build connection to community, culture, group, clan, and extended family when those relationships have been damaged.
- Engage community resources without a formal mandate to support the children and their families.
- Help Indigenous children and heal families by helping children preserve their aboriginal identity.
- Keep Indigenous children connected to their land, languages and culture.
- Make use of Indigenous decision-making process.
- Work closely with Indigenous communities to identify ways to protect children of parents in conflict with the law without removing them from the family or the community, and find homes within the children’s extended family or community.
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 14:
- Support relatives who are taking care of the children. For example, see the EFry Brochure on “Raising a Relative’s Child”.
- Support foster parents and work with the agencies responsible for foster care arrangements to provide them with information, resources, and training.
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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Audience:
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Location of recommendation:
Recommendation 15:
- Provide timely access to legal assistance (e.g., through legal assistance phoneline, Family Law Centres, etc.).
- Provide legal information to children in an age-sensitive manner.
- Provide timely across to legal assistance (e.g., through legal assistance phoneline, Family Law Centres, etc.).
- Help parents and caregivers deal with child custody and child protection matters.
- Provide legal advocacy for the children and protect their rights in all contacts with the legal system.
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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Category and theme:
Audience:
Groups affected:
Location of recommendation:
Recommendation 12:
- Provide children with access to emotional and psychosocial support, including help in dealing with stress, trauma, and feelings of stigma, blame and shame.
- Ensure the children’s safety and, if necessary, develop and implement child safety plans; allow the child to stay in his/her home under a “supervision order” with conditions that the parents must follow; and, remove the child if the child safety cannot be ensured.
- Improve the children’s access to existing programs (sport, recreation, mentoring, etc.).
- Facilitate the integration of children into a new school or a new community when they have to relocate.
- Help normalize the child’s life (increased adult support and conversations, new relationships, activities, etc.).
- Offer support to children who have developed behavioural issues that affect their adaptation in school, participation in sports, or enjoyment of recreational and sport activities.
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
-
Category and theme:
Audience:
Groups affected:
Location of recommendation:
Recommendation 2:
The National Occupancy Standards should not be used to exclude safe options for women experiencing violence.
As our research shows, the National Occupancy Standards are standing in the way of women accessing affordable units in social housing. Without affordable housing options, women may end up in unsafe situations. Furthermore, there is a common concern that MCFD may become involved due to the size of the unit a women is living in with her children or MCFD is unable to return children to the care of their mother from foster care because she is not able to obtain a big enough unit. The NOS are intended to address habitability and overcrowding issues but as applied as requirements by relevant housing and social service agencies, the unintended consequence is to keep women in unsafe circumstances and limit their freedom to access safe and affordable housing.
We recommend that CMHC clarify that the NOS are guidelines, not regulation and that safety should be established as the main priority for housing women and their children, not number of bedrooms.
As well, we recommend that MCFD educate their workforce so that the National Occupancy Standards are not used as justification for separating women and her children.
As our research shows, the National Occupancy Standards are standing in the way of women accessing affordable units in social housing. Without affordable housing options, women may end up in unsafe situations. Furthermore, there is a common concern that MCFD may become involved due to the size of the unit a women is living in with her children or MCFD is unable to return children to the care of their mother from foster care because she is not able to obtain a big enough unit. The NOS are intended to address habitability and overcrowding issues but as applied as requirements by relevant housing and social service agencies, the unintended consequence is to keep women in unsafe circumstances and limit their freedom to access safe and affordable housing.
We recommend that CMHC clarify that the NOS are guidelines, not regulation and that safety should be established as the main priority for housing women and their children, not number of bedrooms.
As well, we recommend that MCFD educate their workforce so that the National Occupancy Standards are not used as justification for separating women and her children.
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Recommendation 3:
Take tangible steps to turn words into action through a diverse range of implementation initiatives that reflect the minimum standards in the UN Declaration.
There is no “one size fits all” approach to implementation; it will differ based on the context and the community.
As such, it would be beneficial for Indigenous Nations and Crown governments to advance new models of consent-based agreements in a number of different areas, such as aquaculture and community-industry agreements.
A legislative amendment could be made to allow decision-makers to enter into agreements and arrangements with Indigenous Nations, allowing legislative space for self-government.
There is no “one size fits all” approach to implementation; it will differ based on the context and the community.
As such, it would be beneficial for Indigenous Nations and Crown governments to advance new models of consent-based agreements in a number of different areas, such as aquaculture and community-industry agreements.
A legislative amendment could be made to allow decision-makers to enter into agreements and arrangements with Indigenous Nations, allowing legislative space for self-government.
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Recommendation 17:
Support Indigenous Peoples to have the resources needed to develop and administer their own cultural heritage laws, policies, and practices; and to establish agreements that clarify relations with and between federal and provincial governments.
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Recommendation 2:
Support a central focus on Indigenous peoples choosing how they will organize and govern themselves consistent with the right to self-determination.
Indigenous self-determination is foundational to the UN Declaration.
Historically, self-government agreements have been paternalistic and subject to discriminatory colonial policies.
Advancing Indigenous self-government will require the BC government to invest in the work being implemented by Nations.
The right to self-determination necessarily includes the recognition and revitalization of Indigenous laws and legal systems.
The BC government should support this work apart from achieving agreements on other outcomes (i.e., resources), and without demanding a prescribed Crown role in the rebuilding effort.
Indigenous self-determination is foundational to the UN Declaration.
Historically, self-government agreements have been paternalistic and subject to discriminatory colonial policies.
Advancing Indigenous self-government will require the BC government to invest in the work being implemented by Nations.
The right to self-determination necessarily includes the recognition and revitalization of Indigenous laws and legal systems.
The BC government should support this work apart from achieving agreements on other outcomes (i.e., resources), and without demanding a prescribed Crown role in the rebuilding effort.
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Recommendation 1:
Start by acknowledging that the cultural heritage of Indigenous peoples belongs to Indigenous peoples. Without exaggeration, 99.9% of archaeological sites in B.C., extending back in time more than 10,000 years, are those of Indigenous peoples. Yet Indigenous peoples have had little say in or control over decisions made concerning their study, preservation or destruction.
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Recommendation 6:
Provide post-arrival orientation sessions
Post-arrival orientation sessions conducted by legal advocates in the region that cover priority areas of legal need, a description of how and where migrant workers are to access pertinent legal information online, as well as information about how to access community and legal services, would ensure that migrant workers are armed with the information they need at the start of their employment, thereby increasing their ability to self-advocate and prevent legal problems from occurring later on.
In order to ensure that migrant workers attend, sessions would also be mandatory with a requirement on the part of employers to facilitate access, including providing transportation to and from the session. Sessions are delivered in the worker’s first language.
Post-arrival orientation sessions conducted by legal advocates in the region that cover priority areas of legal need, a description of how and where migrant workers are to access pertinent legal information online, as well as information about how to access community and legal services, would ensure that migrant workers are armed with the information they need at the start of their employment, thereby increasing their ability to self-advocate and prevent legal problems from occurring later on.
In order to ensure that migrant workers attend, sessions would also be mandatory with a requirement on the part of employers to facilitate access, including providing transportation to and from the session. Sessions are delivered in the worker’s first language.
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