95 search results for
Access to justice
Recommendation 28:
We recommend that the SIU Review Committee be abolished, and law and policy be clear that prisoners have the right to be represented by counsel at an oral hearing before the actual decision maker.
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Recommendation 10:
We recommend that legislation require any placements in observation cells for the purpose of monitoring prisoners at risk of self-harm or suicide be authorized by independent registered mental health professionals, with reasons provided to the prisoner and their legal representative. Such placements must not exceed six hours and must be imposed only at treatment centres.
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Recommendation 12:
We recommend that individuals placed in isolation for medical or mental health reasons must be offered at least four hours of meaningful human contact per day. If a prisoner’s mental health is poor or deteriorating, they should be provided additional opportunities for meaningful human contact. Prisoners should be offered daily time out of their cell including outdoors if medically safe. They should have regular and no-cost access to telephone and video visitation with family, community supports and legal representatives. Within their cells, they should have access to televisions and increased access to canteen and free snacks.
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Recommendation 20:
We recommend that governments fund legal aid to provide prisoners with legal representation in SIUs in each jurisdiction in Canada.
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Recommendation 7:
We call upon the federal, provincial, and territorial governments, in partnership with Indigenous Peoples, to establish a National Indigenous and Human Rights Ombudsperson, with authority in all jurisdictions, and to establish a National Indigenous and Human Rights Tribunal. The ombudsperson and tribunal must be independent of governments and have the authority to receive complaints from Indigenous individuals as well as Indigenous communities in relation to Indigenous and human rights violations, and to conduct thorough and independent evaluations of government services for First Nations, Inuit, and Métis people and communities to determine compliance with human and Indigenous rights laws. The ombudsperson and the tribunal must be given sufficient resources to fulfill their mandates and must be permanent.
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Recommendation 81:
We call upon the federal, provincial, and territorial governments, and Canadian law societies and bar associations, for mandatory intensive and periodic training of Crown attorneys, defence lawyers, court staff, and all who participate in the criminal justice system, in the area of Indigenous cultures and histories, including distinctions-based training. This includes, but is not limited to, the following measures:
- All courtroom officers, staff, judiciary, and employees in the judicial system must take cultural competency training that is designed and led in partnership with local Indigenous communities.
- Law societies working with Indigenous women, girls, and 2SLGBTQQIA people must establish and enforce cultural competency standards.
- All courts must have a staff position for an Indigenous courtroom liaison worker that is adequately funded and resourced to ensure Indigenous people in the court system know their rights and are connected to appropriate services.
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Recommendation 35:
We call upon the federal government to review and amend the Criminal Code to eliminate definitions of offences that minimize the culpability of the offender.
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Recommendation 39:
We call upon provincial and territorial governments to develop an enhanced, holistic, comprehensive approach for the provision of support to Indigenous victims of crime and families and friends of Indigenous murdered or missing persons. This includes but is not limited to the following measures:
- Guaranteed access to financial support and meaningful and appropriate trauma care must be provided for victims of crime and traumatic incidents, regardless of whether they report directly to the police, if the perpetrator is charged, or if there is a conviction.
- Adequate and reliable culturally relevant and accessible victim services must be provided to family members and survivors of crime, and funding must be provided to Indigenous and community-led organizations that deliver victim services and healing supports.
- Legislated paid leave and disability benefits must be provided for victims of crime or traumatic events.
- Guaranteed access to independent legal services must be provided throughout court processes. As soon as an Indigenous woman, girl, or 2SLGBTQQIA person decides to report an offence, before speaking to the police, they must have guaranteed access to legal counsel at no cost.
- Victim services must be independent from prosecution services and police services.
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Recommendation 50:
We call upon federal, provincial, and territorial governments to thoroughly evaluate the impacts of Gladue principles and section 718.2(e) of the Criminal Code on sentencing equity as it relates to violence against Indigenous women, girls, and 2SLGBTQQIA people.
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Recommendation 45:
We call upon federal, provincial, and territorial governments to increase Indigenous representation in all Canadian courts, including within the Supreme Court of Canada.
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