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Courts
Recommendation 32:
The Ministry of Attorney General should provide funding for the Law Society and People of African Descent community organizations to run legal clinics and legal aid programs for People of African Descent, predominantly led and designed by law practitioners of African descent. These programs must be accessible from anywhere within the province and run with an anti-Black racism lens and with a clear legal advocacy strategy. The Black Legal Action Centre in Ontario is a good example of a community legal aid program for the People of African Descent community.
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Recommendation 27:
The Ministry of Attorney General should ensure that sufficient authority is awarded to the BC Law society and the BC Judicial Council, under the “Race-based” data legislation for the collection, access and use of race-based data on the number of Black judges and lawyers in BC, to enhance their ability to monitor and address representational disparities.
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Recommendation 31:
The Ministry of Attorney General should collaborate with community organizations and leaders to promote and deepen People of African Descent communities’ understanding of new legislations as they come into force. This will be particularly critical for the anti-racism legislation that requires simultaneous investments in accessible outlets to provide the People of African Descent community with competent education on their rights, privileges, freedoms and legal options.
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Recommendation 29:
The Ministry of Advanced education should perform a contextualized review of admission processes and criteria that constitute systemic barriers to admissions to Law School for students of African descent.
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Recommendation 28:
The Minister of Justice and Attorney General, the Minister of Education, and the Minister of Advanced Education should collaborate to make dedicated funding and bursaries available to students of African descent interested in Law School. These ministers should model such funding on the UBC fund to support students of African descent established in partnership with two Black judges — retired Supreme Court Justice Selwyn Romilly and current Provincial Court Judge David St. Pierre — as they exemplify the power of leveraging People of African Descent agency in amplifying success of People of African Descent oriented initiatives.
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Recommendation 11:
The majority of Canadian provinces have separate government bodies in place that provide legal counsel to children (Lovinsky, 2016). B.C. must also assume the responsibility for providing funding and personnel to secure legal representation for children in all guardianship and family law cases in order to adhere to the UNCRC’s recommendations and FLA’s best interest provisions, and to concur with the 2020 CBA report recommendations.
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Recommendation 16:
The literature has long supported specific incorporation of the CRC in all legislation relevant to children. It is particularly important in family law and child welfare cases but has not happened in B.C. (Brown, Findlay, Martinson, & Williams, 2021; CBA 2020; Andreychuk & Fraser, 2007; UN Committee on the Rights of the Child Concluding Observations: Canada, 2012). An example of the effective incorporation is found in Ontario’s Child, Youth and Family Services Act, 2017 (CBA, 2020).
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Recommendation 29:
The Legal Services Society of BC must provide legal support for appeals where a person has been denied income assistance or disability assistance.
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Recommendation 13:
The language used in high-risk cases must be clarified to delineate between high conflict cases and cases with the presence of violence to ensure the appropriate safeguards are put into place to protect and promote children’s participation (Martinson & Raven, 2020a, 2020b; Brown, Findlay, Martinson, & Williams, 2021).
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Recommendation 13:
The incarceration of one parent often results in various forms of hardship for the rest of the family, particularly the children. Imprisonment disrupts positive, nurturing relationships between many parents—particularly mothers who are often the sole or primary caregiver—and their children. Children and their families suffer economic strain and instability when a parent is imprisoned. Family members are not guilty of anything. All agencies and services involved with the families should try to mitigate the impact on family members at all stages of the criminal justice system, ensuretheir rights are upheld, and ensure they are not discriminated against because of the actions of their family member. Supporting the families and strengthening the children’s positive family connections are necessary to ensure a healthy child development. Different forms of support are needed.
- Encourage the various agencies and services involved with the children to work towards positive family outcomes and to adopt consistent practices in the support of families and positive life outcomes for the children.
- Ensure that families understand the criminal justice process and are aware of the supports available.
- Provide information to families and ensure that the information provided is timely and accurate.
- Encourage and support parents and caregivers to explain procedures, decisions and the truth of the situation to children in an age appropriate manner.
- Ensure that families have access to information and assistance on a range of issues such as housing, benefits and finances, legal issues, health, or childcare.
- Facilitate appropriate contacts between family members and the incarcerated parent.
- Provide guidance to agencies dealing with families of parents in conflict with the law.
- Conduct family impact assessments when new policies and practices are developed that may affect the families of people in conflict with the law.
- Keep incarcerated parents informed about the situation and well-being of their children and other family members, and support them in managing family concerns as appropriate.
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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