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Courts
Recommendation 282:
Where the pro-prosecution policy’s test has been met, recognizance orders under section 810 of the Criminal Code should not be used in lieu of prosecution. (p.87)
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Recommendation 235:
Where the facts of a particular case initially suggest dual charges against both parties, police should apply a “primary aggressor” screening model, seek Crown review and approval of proposed dual charges for spousal violence, or do both. (p.85)
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Recommendation 199:
Where a victim is unwilling or unable to testify or to support the prosecution, Crown counsel (via the police or victim service worker) should endeavour to determine the reason for the victim’s reluctance…If the recantation if not credible, Crown counsel should consider whether there is other credible evidence on which to proceed in the absence of direct testimony by the victim. Where there is no longer a reasonable prospect of conviction based on the available evidence, the prosecution should be terminated. (p.87)
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Recommendation 12:
When, following the procedures described in paragraphs 4 and 5, the Branch is not satisfied that it has received the additional information and/or materials required, the Branch shall advise the investigating officer that a charge assessment decision cannot be made.
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Recommendation 11:
When, following the procedures described in paragraph 4, Administrative Crown Counsel is not satisfied that he or she has received the additional information and/or materials required, Administrative Crown Counsel may ask Regional Crown Counsel to assist in resolving the matter with the police.
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Recommendation 10:
When a Report to Crown Counsel does not comply with these standards, Crown Counsel shall communicate with the investigator respecting the additional information and/or materials required and may, where appropriate, seek guidance or assistance from Administrative Crown Counsel.
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Recommendation 20:
When a public inquiry targets in whole or in part the activities of the police, current or former members of the police should not be hired to organize or coordinate the inquiry, or be retained to prepare supposedly “independent” reviews of the evidence that will be heard at the inquiry.
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Recommendation 1:
We urge the government of BC to support a rights-based framework for survivors of sexual assault by committing to provide dedicated, secure, and sustainable funding for community-based assault crisis response teams and integrated sexual assault clinics across British Columbia. We support the submissions made by VASC and WAVAW and encourage the government of BC to implement their recommendations by way of both an increase in funding and a legislated right to a community-based assault crisis services.
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Recommendation 49:
We recommend the wife assault coordination committee system be used as a model to develop a similar coordinated response team approach to addressing the needs of adult victims of sexual assault. The sexual assault coordination committees in each community would be responsible for assisting in the development of police and Crown policies for adult sexual assault occurrences. (p.7 – 76)
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Recommendation 436:
We recommend the Attorney General, in conjunction with the Department of Justice, Canada, implement a recording system in which details of all sexual assaults and other sexual offences are recorded. Details to be recorded would include the charges laid, whether charges were reduced, whether charges were stayed, sentence imposed, summary of Crown submission on sentence, whether a victim impact statement was prepared and, if so, if it was presented to the court, the results of any plea bargaining, whether the conviction and/or sentence is appealed, recommendations regarding bail and conditions ultimately imposed, referrals to victim support services, and contact with the victim by Crown prior to trial. We also recommend the federal government support and encourage the Canadian Centre for Justice Statistics to develop a national database that would allow the monitoring and tracking of sexual assault cases from the time of initial report to the police to ultimate disposition, as well as capture prosecutorial data. (p.7 – 134)
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