83 search results for
Courts
Recommendation 2:
FUNDING—adequate staffing and staff training in the justice system, and well-resourced survivor-focused services and supports
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Recommendation 23:
Fund an Indigenous legal clinic in the DTES that can support Indigenous women in all criminal and civil legal matters including but not limited to family, criminal, mental health, and poverty law issues.
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Recommendation 10:
From a child rights perspective, treating children as full rights bearers, (Michel v. Graydon, at para. 77) legal representation is a key form of children’s participation which ensures that children’s voices will be heard, and due weight will be given to their opinions (Tempesta, 2019). Legal representation should be provided in all cases involving children’s interests in order to sufficiently fulfil requirements from Article 12 of the UNCRC, including the UN Committee on the Rights of the Child safeguards and guarantees, referred to above. (Elrod, 2016; Lovinsky & Gagne, 2015; Martinson & Tempesta, 2018; Tempesta, 2019). As such, it is necessary to provide legal representation to all children (who choose it after obtaining meaningful information and advice about it and other choices), in all cases, including high risk cases, in order to protect their rights and promote their best interests in guardianship and family law proceedings regardless of the level of risk, as well as fulfil the requirements outlined by the UNCRC (Birnhaum, 2017; Birnbaum et al., 2016; Martinson & Tempesta, 2018; Tempesta, 2019).
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Recommendation 24:
Frequent family visits and family reunification must always be the top priority and never delayed due to shortages in MCFD resources. MCFD should ensure that staff understand the need to prioritize frequent family visits and, where feasible, work with community-based organizations that are supporting the parent to ease access.
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Recommendation 163:
Expand funding for community-based and court-based victim services.
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Recommendation 10:
Everyone in the community (neighbours, friends of the family, teachers, sports coaches, elders, religious figures, police, etc.) potentially has a role to play in making sure that children affected by their parents’ conflict with the law are identified, assisted, and protected. Relying solely on the children to come forward and ask for assistance is not realistic. Relying on the parents to come forward and seek help for their children is not reliable. Parents often fear the intervention of child protection services. In many instances they already have a history of contacts with these services. Finally, relying on the justice system itself to transmit information to child welfare and protection agencies is not sufficient either.
- Proactively seek to identify children in need of assistance, without labelling or stigmatizing them.
- Increase outreach activities to offer support to the children and their caregivers.
- Ensure that people working with or coming in contact with children as part of their professional responsibilities recognize the children’s signs of distress, isolation, need for assistance.
- Improve inter-agency sharing of information concerning the children while protecting their privacy and ensuring the confidentiality of that information.
- Ensure that all agencies and organizations have a proactive child protection policy that acknowledges the particular issues and needs of children who have a key relationship with a parent in conflict with the law.
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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- Academic institutions ,
- Criminal justice system ,
- Faith and cultural groups ,
- First Nations governments ,
- General public ,
- Government of British Columbia ,
- Government of Canada ,
- Indigenous organizations ,
- Municipal governments ,
- Non-profits and community organizations ,
- Provincial and territorial governments (General)
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Recommendation 1:
EVA BC’s research and consultations in British Columbia have highlighted the need for adequate levels of services and training to enhance knowledge and skills of responders throughout the system of response, and the need to ensure that the justice system is equipped to respond and adjudicate in matters of gender-based violence. We also stress the critical importance of cross sector coordination in responding to gender-based violence, and the involvement and combined efforts and energy of government, support and service organizations, and survivors and their families.
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Recommendation 4:
We call upon the federal government to enact Aboriginal child-welfare legislation that establishes national standards for Aboriginal child apprehension and custody cases and includes principles that:
- Affirm the right of Aboriginal governments to establish and maintain their own child-welfare agencies.
- Require all child-welfare agencies and courts to take the residential school legacy into account in their decision making.
- Establish, as an important priority, a requirement that placements of Aboriginal children into temporary and permanent care be culturally appropriate.
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Recommendation 1:
EDUCATION FOR ALL SYSTEM ACTORS—trauma-informed education for professionals engaged in all aspects of the criminal justice system
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Recommendation 9:
Development and cognitive functioning should not prohibit children’s participation in court proceedings, as this denies children their fundamental rights based on perceived functioning and undermines the UNCRC’s recommendations (Grover, 2014; Martinson & Tempesta, 2018). Instead, an empowerment-based approach must be adopted and implemented that promotes, prioritizes, and ensures children’s participation in guardianship and family law proceedings regardless of age or capacity. An empowerment-based approach would be child-centred and incorporate strategies that would ensure children’s participation regardless of age and/or capacity, including legal representation, judicial interviewing, VCRs, and child-inclusive mediation.
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