292 search results for
Access to justice
Recommendation 2:
We call on the Province of British Columbia to link the implementation and monitoring of the Declarations on the Rights of Indigenous Peoples Act with the First Nations PHWA as a way to monitor the impacts of increased self-determination on First Nations roots of wellness and health outcomes.
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Recommendation 1:
We call on the Government of Canada, in meaningful partnership with First Nations, to pass private members Bill C-262, or an equivalent bill, to enact legislation that will require the federal government to align its existing and new legislation with the United Nations Declaration on the Rights of Indigenous Peoples.
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Recommendation 113:
We applaud the work of Dr. Cindy Blackstock and the First Nations Child and Family Caring Society and call on the federal government to comply with the legally-binding orders of the Canadian Human Rights Tribunal to:
- Immediately and fully apply Jordan’s principle to all First Nations children living on and off reserve.
- Apply Jordan’s principle based on the need of the child and not limited to the normative standard of care.
- Ensure that administrative delays do not delay service provision and respond to most cases within 48 hours.
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Recommendation 23:
Use of force reviews should include a description of the prisoners’ evidence. When a prisoner alleges misconduct and the review determines no wrongdoing, the decisionmaker should include an assessment of the evidence and reasons for preferring one witness’s evidence over another’s.
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Recommendation 72:
Use of force reviews should include a description of the prisoners’ evidence. When a prisoner alleges misconduct and the review determines no wrongdoing, the decision maker should include an assessment of the evidence and reasons for preferring one witness’s evidence over another’s.
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Recommendation 25:
Use of force reviews by headquarters should include a narrative assessment of the circumstances leading to the use of force and a description of the force used. There should be a checklist to identify whether key policy requirements were followed (was the prisoner decontaminated, was video preserved, etc.). The review should also acknowledge and respond to any concerns raised by the prisoner or their representative. When the review identifies problems or noncompliance with policy, it should outline corrective measures taken.
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Recommendation 27:
Track repeated violations of policy by the same staff person or institution at the headquarters level.
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Recommendation 26:
Track and report publicly on all uses of force against prisoners, broken down by type (physical handling, OC spray, ERT, etc). Disaggregate data by race, gender, disability and centre.
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Recommendation 21:
To facilitate meaningful access to counsel, we recommend legislation or policy providing:
- That outside agencies should be allowed to provide in-person legal aid clinics in SIUs on a regular basis.
- That CSC staff must deliver and facilitate all legal callback requests within 24 hours.
- That CSC must share relevant documentation directly with counsel at least three days in advance of all SIU reviews, without requiring a signed consent form.
- That outgoing faxes to counsel be provided to all prisoners free of charge and within one working day.
- That prisoners be provided sufficient time to meet with counsel in person, in a confidential room.
- That all necessary steps be taken to facilitate the attendance of counsel at hearings, including advising counsel of the time and date of the hearing as soon as it is scheduled and confirming requests by counsel to attend.
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Recommendation 1:
Despite the Canadian federal government ratifying the UN CRC, provinces are inconsistent in how and when legal counsel is appointed for children (CBA, 2020; Child Projection Project Committee, BCLI, 2020; Lovinsky, 2016). Even within a province, there are often inconsistencies across different areas of law (Child Protection Project Committee, BCLI, 2020; Lovinsky, 2016). The literature also notes that current independent provincial and territorial Child Advocate and Representative Offices vary widely across provinces and are vulnerable to funding and operational changes due to provincial restructuring and changes in political priorities (Bendo & Mitchell, 2017; CBA, 2020). For instance, Ontario’s Provincial Advocate for Children and Youth was recently closed, and its investigative functions were transferred to the Ontario Ombudsman, which does not carry the same specialized approach towards children’s rights as the Provincial Advocate for Children and Youth (CBA, 2020).
These issues can be addressed through a national plan across provinces to coordinate efforts and maintain consistency (Byrne & Lundy, 2019; CBA, 2020; Collins, 2019). The CBA recommends that the federal government develop an independent National Commissioner for Children and Youth reporting to both Houses of Parliament, with a statutory mandate to protect and promote human rights amongst children and youth in Canada, including their rights to participation, and to liaise with provincial, territorial and Indigenous counterparts to coordinate efforts of mutual concern and overlapping jurisdiction. The CBA further suggests that the National Commissioner should serve to coordinate and ensure consistency amongst independent child advocate offices across provinces and territories. Finally, the CBA emphasizes the importance of incorporating and protecting the rights and interests of Indigenous children and youth when developing a national policy on children’s rights.
These issues can be addressed through a national plan across provinces to coordinate efforts and maintain consistency (Byrne & Lundy, 2019; CBA, 2020; Collins, 2019). The CBA recommends that the federal government develop an independent National Commissioner for Children and Youth reporting to both Houses of Parliament, with a statutory mandate to protect and promote human rights amongst children and youth in Canada, including their rights to participation, and to liaise with provincial, territorial and Indigenous counterparts to coordinate efforts of mutual concern and overlapping jurisdiction. The CBA further suggests that the National Commissioner should serve to coordinate and ensure consistency amongst independent child advocate offices across provinces and territories. Finally, the CBA emphasizes the importance of incorporating and protecting the rights and interests of Indigenous children and youth when developing a national policy on children’s rights.
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