292 search results for
Access to justice
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
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2018
2018
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Recommendation 32:
Move from “supportive housing” models to tenant- and peer-controlled housing and housing that responds to resident-identified mental health needs.
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Recommendation 31:
MCFD to ensure that the Indigenous community supporting the parent has been contacted and assisted to participate in the process where consent has been given by the parent.
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Category and theme:
- Access to justice ,
- Accessibility ,
- Accessible services and technology ,
- Decolonization and Indigenous rights ,
- Disability and parenting ,
- Health, wellness and services ,
- Human rights system ,
- Indigenous children and youth in care ,
- Indigenous rights and self-governance ,
- Poverty and economic inequality ,
- Public services
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Recommendation 1:
MCFD to conduct a systemic needs analysis of cultural and family support resources required to ensure that social workers are better supported to promote a sense of belonging and identity for First Nations, Métis, Inuit and Urban Indigenous children and youth in care in relation to their families, culture and cultural community over time and at different stages in their lives and identity development. This review will inform the development of a longer-term resourcing and implementation plan. However, given the urgent need to address the significant over-involvement of the child welfare system in the lives of Indigenous children and families and poor outcomes for Indigenous children in the child welfare system, a substantive investment of new resources should be made immediately that can be considered a down payment on the resources identified for the longer-term plan.
Funding for immediate and substantive new resources to be secured and implementation to begin no later than April 1, 2022.
Needs analysis and resourcing plan to be completed by Sept. 30, 2022 with longer-term, sustained funding secured and implementation of new resources beginning by April 1, 2023.
The needs analysis of cultural support resources must be informed by meaningful consultation and collaboration with First Nations, Métis and Inuit entities in accordance with obligations under DRIPA and recognizing that Indigenous people hold the expertise, and inherent right of responsibility, over their children. Without limiting the foregoing, the ministry should consider enhancing social workers’ capacity to do the required work; Roots workers/Family Finders; working with communities to create cultural support circles, matriarchal circles or other circles deemed appropriate by individual communities; cultural reconnection and reunification actions such as visits to home communities and places of connection; support for case re-assessments and family/community reconnection; support to family member visitations regardless of where the child lives; participation in cultural activities; and children in care being supported to visit their traditional territories for significant family or milestone ceremonies and at minimum twice a year.
Funding for immediate and substantive new resources to be secured and implementation to begin no later than April 1, 2022.
Needs analysis and resourcing plan to be completed by Sept. 30, 2022 with longer-term, sustained funding secured and implementation of new resources beginning by April 1, 2023.
The needs analysis of cultural support resources must be informed by meaningful consultation and collaboration with First Nations, Métis and Inuit entities in accordance with obligations under DRIPA and recognizing that Indigenous people hold the expertise, and inherent right of responsibility, over their children. Without limiting the foregoing, the ministry should consider enhancing social workers’ capacity to do the required work; Roots workers/Family Finders; working with communities to create cultural support circles, matriarchal circles or other circles deemed appropriate by individual communities; cultural reconnection and reunification actions such as visits to home communities and places of connection; support for case re-assessments and family/community reconnection; support to family member visitations regardless of where the child lives; participation in cultural activities; and children in care being supported to visit their traditional territories for significant family or milestone ceremonies and at minimum twice a year.
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Recommendation 29:
MCFD should work collaboratively with Indigenous communities to develop training and tools to support Indigenous peoples and communities to understand their rights regarding child welfare.
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Recommendation 18:
MCFD should undertake a legislative review and financial policy review to ensure that all kinship caregivers are receiving the Child Tax Benefit and other benefits for each dependent in their care.
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Category and theme:
- Access to justice ,
- Accessibility ,
- Accessible services and technology ,
- Classism ,
- Decolonization and Indigenous rights ,
- Disability and parenting ,
- Discrimination and hate ,
- Economic inequality ,
- Health, wellness and services ,
- Human rights system ,
- Income insecurity and benefits ,
- Indigenous children and youth in care ,
- Poverty and economic inequality ,
- Public services
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Recommendation 145:
Make it easier to file a police complaint and establish an independent civilian watchdog that conducts investigations of reported incidents of serious police misconduct, including allegations of police violence and sexual assault. Increase liability for the misconduct of police officers to include criminal charges.
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Recommendation 4:
Make discrimination based on social condition a priority for systemic investigation by the Commission.
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Recommendation 157:
Legislation should require Gladue factors to be used as mitigating factors only, unless the victim is an Indigenous woman in which case her wishes should take precedence over an offender.
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