50 search results for
Ageism
Recommendation 18:
Children are often not informed about their participatory rights in family law and in child welfare proceedings. Yet the UN Committee General Comments conclude that receiving this information is essential to implementing participation rights. The CBA 2020 Report recommends that in all cases where courts formally assess children’s best interests, children should be meaningfully informed about their participation rights, including their right to independent legal representation.
-
Category and theme:
Groups affected:
Location of recommendation:
Recommendation 2:
The literature has noted a specific need to monitor children’s rights across Canada (Byrne & Lundy, 2019; Canadian Coalition for the Rights of Children, 2016; CBA, 2020; Collins, 2019). Options for effective monitoring include establishing regional institutions and a National Commissioner dedicated to regularly assessing children’s rights, conducting ongoing child rights impact assessments, and ratifying the Third Optional Protocol to provide a communications procedure for children and youth to directly contact the UN CRC Committee regarding child rights complaints (Byrne & Lundy, 2019; Canadian Coalition for the Rights of Children, 2012; CBA, 2020; Collins, 2019).
Child Rights Impact Assessments (CRIAs) should inform the development of policy on children’s rights, as well as aid in the assessment of the actual impacts of policies related to child rights (Byrne & Lundy, 2019; CBA, 2020). Following the UN CRC Committee’s recommendations, the CBA (2020) notes that CRIAs should involve perspectives from various stakeholders, including children. Currently, CRIAs are not systematically used in decision-making across any provinces and territories other than New Brunswick and Saskatchewan (CBA, 2020). Given their key role in ensuring adherence to children’s rights, CRIAs should receive adequate funding to function effectively (Martinson & Raven, 2020a).
Child Rights Impact Assessments (CRIAs) should inform the development of policy on children’s rights, as well as aid in the assessment of the actual impacts of policies related to child rights (Byrne & Lundy, 2019; CBA, 2020). Following the UN CRC Committee’s recommendations, the CBA (2020) notes that CRIAs should involve perspectives from various stakeholders, including children. Currently, CRIAs are not systematically used in decision-making across any provinces and territories other than New Brunswick and Saskatchewan (CBA, 2020). Given their key role in ensuring adherence to children’s rights, CRIAs should receive adequate funding to function effectively (Martinson & Raven, 2020a).
-
Category and theme:
Audience:
Groups affected:
Location of recommendation:
Recommendation 6:
BC should prioritize intersectional equity as a guiding principle in its mental health law.
-
Category and theme:
Audience:
Groups affected:
Location of recommendation:
Recommendation 4:
At all stages of any intervention, children’s views should be sought, and children’s voices should be heard. Children should be helped to develop a plan for their own care and support. Strategies and processes are required to make sure that children are appropriately informed about what is happening to their parents (when they are separated), and about the decisions that are made that can affect them.
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 4:
As this literature review has established, there are various ways in which children’s rights to participate in legal proceedings can be strengthened and preserved. To ensure sufficient attention and awareness is given to children’s participation rights, all parties to legal proceedings involving children must be appropriately educated and trained (Canadian Coalition on the Rights of Children, 2016, p.9; CBA, 2020; Martinson & Jackson, 2016; Martinson & Raven, 2020a). To increase awareness on child rights, more information about court processes should be provided to children, particularly older children, so they can provide informed views and preferences during legal proceedings (Birnbaum & Saini, 2012; Byrne & Lundy, 2019; Paetsch et al., 2018). This could also be achieved by incorporating children’s rights into school curriculums (Collins, 2019). A holistic, rights-based education would not only preserve the best interests of the child through the expression of their views but could also enable children to further realise their rights in other areas (CBA, 2020; Paetsch et al., 2018).
-
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
Audience:
Groups affected:
Location of recommendation:
Recommendation 19:
As noted above, the BCCA refused declaratory relief to a child in a family law proceeding. Brown, findlay, Martinson, and Williams (2021) recommend that the FLA be clarified to ensure that children can obtain a best interests declaration about their best interests in a family law proceeding, and similar relief should be available in the CFCSA.
-
Category and theme:
Groups affected:
Location of recommendation:
Recommendation 68:
Apply an equity lens to all provincial, regional, and municipal transportation planning to ensure all forms of transportation infrastructure are affordable, accessible, and safe for at-risk and low-income community members.
-
Category and theme:
Groups affected:
Location of recommendation:
Recommendation 20:
Views of the Child – s. 37(1)(b)
Brown, findlay, Martinson, and Williams (2021) recommend amending s. 37(1)(b) of the FLA to remove the words, “unless it is inappropriate to consider them” and to add the words, “and give those views due weight in accordance with their age and maturity.” This would provide consistency with the 2019 Divorce Act, and the CRC.
Definition of Family Violence – s. 1
Brown, findlay, Martinson, and Williams (2021) also recommend that the definition of psychological or emotional violence be clarified to provide that it is the impact of psychological or emotional family violence, including impact on a child, not the intention of the abuser, that is relevant. This would make it clear that violence must be considered from the child’s perspective if the child is the victim of psychological or emotional family violence.
Conflating Conflict and Family Violence
Section 199(1) of the FLA addresses both minimizing conflict and protecting children and parties from family violence. The section should be amended to make it clear that the object of reducing conflict cannot override the overarching obligation to ensure children’s safety, security, and well-being (Brown, findlay, Martinson, & Williams, 2021).
Considering Other Civil or Criminal Proceedings – s. 37(2)(j)
The CBA 2020 report, when speaking about the relevant provision in the 2019 Divorce Act, recognizes the importance of stating that the objective of considering other proceedings is to both avoid conflicting orders and to coordinate proceedings. The 2019 Act also creates a duty upon judges to obtain such information. The FLA should be amended to conform with the new Divorce Act provision.
Amending s. 203 – Legal Representation
Section 203 inappropriately and significantly limits the ability of courts to appoint lawyers for children as required by the CRC and should be amended accordingly (Brown, findlay, Martinson, & Williams, 2021; Martinson & Tempesta, 2010).
Amendments to the CFCSA
The CFCSA should be amended to include express provisions and specific procedures that incorporate children’s views in child protection proceedings, including an enabling provision for legal representation (Child Protection Project Committee, BCLI, 2020). According to the Child Protection Project Committee of the BCLI (2020), this clarification of the law is necessary to prevent children’s views from being overlooked due to broad judicial interpretation under the CFCSA’s current form. This enabling provision should include detailed options and factors to consider for incorporating children’s views in child protection proceedings, while maintaining wide judicial discretion (Child Protection Project Committee, BCLI, 2020).
The CFCSA should also include a clear enabling provision for legal representation of children in child protection proceedings, which is currently missing from B.C. legislation, unlike most other provinces (Child Protection Project Committee, BCLI, 2020). Provisions for enabling legal representation for children should also clarify who should decide when appointing counsel is appropriate, factors to consider, how to determine appropriate capacity of the child and who should pay for the lawyer (Child Protection Project Committee, BCLI, 2020).
br>Finally, the BCLI Child Protection Project Committee (2020) notes that changes to the legislation are modest reforms and should exist alongside ministerial policies that are more flexible to changes and adequately funded programs to carry out children’s legal participation.
Views of the Child – s. 37(1)(b)
Brown, findlay, Martinson, and Williams (2021) recommend amending s. 37(1)(b) of the FLA to remove the words, “unless it is inappropriate to consider them” and to add the words, “and give those views due weight in accordance with their age and maturity.” This would provide consistency with the 2019 Divorce Act, and the CRC.
Definition of Family Violence – s. 1
Brown, findlay, Martinson, and Williams (2021) also recommend that the definition of psychological or emotional violence be clarified to provide that it is the impact of psychological or emotional family violence, including impact on a child, not the intention of the abuser, that is relevant. This would make it clear that violence must be considered from the child’s perspective if the child is the victim of psychological or emotional family violence.
Conflating Conflict and Family Violence
Section 199(1) of the FLA addresses both minimizing conflict and protecting children and parties from family violence. The section should be amended to make it clear that the object of reducing conflict cannot override the overarching obligation to ensure children’s safety, security, and well-being (Brown, findlay, Martinson, & Williams, 2021).
Considering Other Civil or Criminal Proceedings – s. 37(2)(j)
The CBA 2020 report, when speaking about the relevant provision in the 2019 Divorce Act, recognizes the importance of stating that the objective of considering other proceedings is to both avoid conflicting orders and to coordinate proceedings. The 2019 Act also creates a duty upon judges to obtain such information. The FLA should be amended to conform with the new Divorce Act provision.
Amending s. 203 – Legal Representation
Section 203 inappropriately and significantly limits the ability of courts to appoint lawyers for children as required by the CRC and should be amended accordingly (Brown, findlay, Martinson, & Williams, 2021; Martinson & Tempesta, 2010).
Amendments to the CFCSA
The CFCSA should be amended to include express provisions and specific procedures that incorporate children’s views in child protection proceedings, including an enabling provision for legal representation (Child Protection Project Committee, BCLI, 2020). According to the Child Protection Project Committee of the BCLI (2020), this clarification of the law is necessary to prevent children’s views from being overlooked due to broad judicial interpretation under the CFCSA’s current form. This enabling provision should include detailed options and factors to consider for incorporating children’s views in child protection proceedings, while maintaining wide judicial discretion (Child Protection Project Committee, BCLI, 2020).
The CFCSA should also include a clear enabling provision for legal representation of children in child protection proceedings, which is currently missing from B.C. legislation, unlike most other provinces (Child Protection Project Committee, BCLI, 2020). Provisions for enabling legal representation for children should also clarify who should decide when appointing counsel is appropriate, factors to consider, how to determine appropriate capacity of the child and who should pay for the lawyer (Child Protection Project Committee, BCLI, 2020).
br>Finally, the BCLI Child Protection Project Committee (2020) notes that changes to the legislation are modest reforms and should exist alongside ministerial policies that are more flexible to changes and adequately funded programs to carry out children’s legal participation.
-
Category and theme:
Groups affected:
Location of recommendation:
Recommendation 10:
Establish an expert panel of both academic and practice leaders in relational care to help shift assisted living from a philosophy of living at risk to a philosophy of relational care.
This panel’s work should begin with a report for the review process (above) on how to replace Managed Risk Agreements with Relational Care Agreements. Such agreements would acknowledge both the resident’s autonomy and the responsibility of assisted living operators to engage with residents and provide them with the support, education and social connections required to maintain and/or enhance their well-being and autonomy. The report would:
This panel’s work should begin with a report for the review process (above) on how to replace Managed Risk Agreements with Relational Care Agreements. Such agreements would acknowledge both the resident’s autonomy and the responsibility of assisted living operators to engage with residents and provide them with the support, education and social connections required to maintain and/or enhance their well-being and autonomy. The report would:
- Define and apply relational care principles to an assisted living environment;
- Outline a relational-care-planning process to be used with each resident when they enter an assisted living residence and a process for updating it at regular intervals;
- Describe the educational materials and quality-improvement processes needed to support a relational care framework and improve practice over time;
- Include strategies for ensuring that front-line staff and residents, and their family and friends, feel safe and respected in these processes; and
- Recommend how to facilitate the shift to relational care and processes for monitoring progress (i.e., through the inspection processes for assisted living residences).
-
Category and theme:
Location of recommendation:
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.
-
Category and theme:
Audience:
Groups affected:
Location of recommendation: