292 search results for
Access to justice
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 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 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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Recommendation 7:
Provide ongoing mobile legal clinics
Mobile legal clinics were identified as an effective means to reach workers in remote areas of the province with little access to transportation or services. Legal advocates would coordinate with community service providers to provide mobile clinics on an as-needed basis on farms and other rural locations at times that are convenient for workers to attend. Mobile legal clinics would allow workers to receive individual legal advice regarding their particular issues.
Public legal education workshops or information sessions may also be provided in conjunction with the mobile clinics according to the needs of the migrant workers in the various low-wage streams of the TFWP.
Mobile legal clinics were identified as an effective means to reach workers in remote areas of the province with little access to transportation or services. Legal advocates would coordinate with community service providers to provide mobile clinics on an as-needed basis on farms and other rural locations at times that are convenient for workers to attend. Mobile legal clinics would allow workers to receive individual legal advice regarding their particular issues.
Public legal education workshops or information sessions may also be provided in conjunction with the mobile clinics according to the needs of the migrant workers in the various low-wage streams of the TFWP.
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Recommendation 2:
Increase the supply of dedicated legal information and advocacy services
An increased supply of dedicated legal advocates and community service providers in regions of the province with high concentrations of migrant workers would address the issue of inadequate availability of pro bono legal information and services.
Data collected from the focus groups indicates a strong need for a network of trained service providers who understand the specific situation of migrant workers according to the regulations of the low-wage streams of the TFWP, and the unique ways in which immigration law intersects with their employment in the province.
Legal advocates, under the supervision of a Supervising Lawyer, would provide direct legal advocacy services in the areas of law that are identified as priority needs (immigration, employment, and housing) and not otherwise offered by other legal advocates in the region to avoid service duplication. Supervision by lawyers would ensure accountability for services provided.
Legal advocates would work in a coordinated way with community service providers, who are already working to provide assistance to migrant workers and whose capacity to conduct outreach and provide legal information and referrals to legal services is enhanced through training by lawyers, which can include lawyers who work for non-profit organizations, such as Migrant Workers Centre or Community Legal Assistance Society, or supervising lawyers in the region.
Community service providers would receive training on how to identify legal issues; find accurate legal information online; use the dedicated website; when and how to make referrals to legal advocates and other services; and how to distribute and help workers to understand legal information materials.
To the greatest extent possible, legal advocates would be multilingual and provide services in migrant workers’ first language. The placement of multilingual law students to work with legal advocates through co-ops or other programs for course credit could also play an important role in increasing access to justice for migrant workers.
An increased supply of dedicated legal advocates and community service providers in regions of the province with high concentrations of migrant workers would address the issue of inadequate availability of pro bono legal information and services.
Data collected from the focus groups indicates a strong need for a network of trained service providers who understand the specific situation of migrant workers according to the regulations of the low-wage streams of the TFWP, and the unique ways in which immigration law intersects with their employment in the province.
Legal advocates, under the supervision of a Supervising Lawyer, would provide direct legal advocacy services in the areas of law that are identified as priority needs (immigration, employment, and housing) and not otherwise offered by other legal advocates in the region to avoid service duplication. Supervision by lawyers would ensure accountability for services provided.
Legal advocates would work in a coordinated way with community service providers, who are already working to provide assistance to migrant workers and whose capacity to conduct outreach and provide legal information and referrals to legal services is enhanced through training by lawyers, which can include lawyers who work for non-profit organizations, such as Migrant Workers Centre or Community Legal Assistance Society, or supervising lawyers in the region.
Community service providers would receive training on how to identify legal issues; find accurate legal information online; use the dedicated website; when and how to make referrals to legal advocates and other services; and how to distribute and help workers to understand legal information materials.
To the greatest extent possible, legal advocates would be multilingual and provide services in migrant workers’ first language. The placement of multilingual law students to work with legal advocates through co-ops or other programs for course credit could also play an important role in increasing access to justice for migrant workers.
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Recommendation 1:
Establish a preliminary legislative foundation as soon as possible that brings transparency, coherence and a measure of accountability to the process, as part of a broader long-term approach to legislative change.
Foundational legislation developed in full co-operation with Indigenous peoples will provide a transparent, coherent and binding path to implementation.
Bill C-262 is a logical starting place for this legislation, as it provides a confirmation of legal application in BC; a legislated requirement for an orderly, clear and transparent process of implementation; and a recognition of the need for oversight and accountability frameworks.
Establishment of legislation should be reflective of a new approach to litigation regarding Indigenous Rights: collaboration, not conflict.
Foundational legislation developed in full co-operation with Indigenous peoples will provide a transparent, coherent and binding path to implementation.
Bill C-262 is a logical starting place for this legislation, as it provides a confirmation of legal application in BC; a legislated requirement for an orderly, clear and transparent process of implementation; and a recognition of the need for oversight and accountability frameworks.
Establishment of legislation should be reflective of a new approach to litigation regarding Indigenous Rights: collaboration, not conflict.
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Recommendation 1:
Enhance the capacity of the assisted living registry to enforce the Community and Assisted Living Act by substantially increasing the number of assisted living investigators, and by developing policies that build on the inspection provisions in the act.
These policies should:
These policies should:
- Mandate yearly inspections of all private-pay and publicly subsidized assisted living residences; and
- Mandate all publicly subsidized and private-pay assisted living residences to post clear and detailed information about how and where residents, families and staff can access the complaints process of the assisted living registry, including public reporting on compliance.
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Recommendation 4:
Develop tools that entrench an understanding, respect and appreciation of the UN Declaration in society at large.
For implementation to be successful, the general public must be able to participate in discourse about the UN Declaration at the same level as other pieces of foundational legislation such as the Canadian Charter of Rights and Freedoms (Constitution Act, 1982).
To do so, human rights education needs to be implemented and tools need to be developed (including school-based curricula) to properly educate the Canadian public on the UN Declaration.
For implementation to be successful, the general public must be able to participate in discourse about the UN Declaration at the same level as other pieces of foundational legislation such as the Canadian Charter of Rights and Freedoms (Constitution Act, 1982).
To do so, human rights education needs to be implemented and tools need to be developed (including school-based curricula) to properly educate the Canadian public on the UN Declaration.
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Recommendation 4:
Develop a framework, action plan and timeline to fully implement the United Nations Declaration on the Rights of Indigenous Peoples and Bill C-41/Declaration on the Rights of Indigenous Peoples Act (DRIPA). UNDRIP recognizes the right of Indigenous Peoples to “maintain, control, protect and develop their cultural heritage.” The Province of B.C. has committed to implementing UNDRIP and DRIPA/Bill 41, and investment in this plan will align with that commitment by providing opportunities for Indigenous-led management of Indigenous cultural heritage. This framework and action plan must establish jurisdiction and statutory decision-making authority over Indigenous cultural heritage by Indigenous Peoples. For this to be successful, it will require decentralizing power and developing or activating mechanisms for extending authority within existing legislation to Indigenous Peoples. British Columbia’s current Bill C-41 / Declaration on the Rights of Indigenous Peoples Act (DRIPA) provides a mechanism for developing such legal mechanisms, processes, and relationships.
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Recommendation 5:
Create written public legal information materials on priority areas of legal need
Written public legal information materials in multiple languages would be an important resource for migrant workers at the pre-arrival and on-arrival stages of their migration to Canada. In addition to providing key information about their rights according to the priority areas of legal need, written materials would also direct migrant workers to where they may go for help in Canada. As such, the written materials would refer to the dedicated website, dedicated hotline, community service providers and legal advocates. As the written materials would be distributed by both Canadian visa offices abroad pre-arrival and CBSA officers on arrival, the likelihood that materials will reach migrant workers is increased substantially.
Written materials would also facilitate the provision of legal information during migrant workers’ employment in BC. Written materials can be used by community service providers as a reference for the provision of in-person legal information and referrals, and are particularly useful as a source of information for SAWP workers in remote areas without access to the Internet.
Written public legal information materials in multiple languages would be an important resource for migrant workers at the pre-arrival and on-arrival stages of their migration to Canada. In addition to providing key information about their rights according to the priority areas of legal need, written materials would also direct migrant workers to where they may go for help in Canada. As such, the written materials would refer to the dedicated website, dedicated hotline, community service providers and legal advocates. As the written materials would be distributed by both Canadian visa offices abroad pre-arrival and CBSA officers on arrival, the likelihood that materials will reach migrant workers is increased substantially.
Written materials would also facilitate the provision of legal information during migrant workers’ employment in BC. Written materials can be used by community service providers as a reference for the provision of in-person legal information and referrals, and are particularly useful as a source of information for SAWP workers in remote areas without access to the Internet.
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