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Recommendation 40:
Ask if there are cultural supports that are needed during the hearing process. This could include elders, witnesses, or other culturally relevant people which may vary according to the culture of the applicant.
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Recommendation 39:
Ask participants what culturally appropriate practices they would like to include in hearings, such as smudging the room, swearing on an eagle feather, or sitting in a circle.
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Recommendation 38:
Hold hearings in spaces that are culturally safe for Indigenous complainants. Though appropriate spaces will vary by Indigenous cultures, examples could include Band offices, friendship centres, cultural spaces at universities, or land-based venues.
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Recommendation 37:
Assess time extension requests with a trauma-informed lens and consider any circumstances Indigenous applicants raise tied to Indigenous traditions or ways of approaching conflict (such as attempts at relationship repair or restoration).
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Recommendation 36:
Provide public education for Indigenous Peoples that complaints should be filed at the same time that a complainant is pursuing internal or informal processes because the BCHRT time limits are strict.
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Recommendation 33:
Track and report on claims made by Indigenous Peoples that are rejected at the application stage or under s. 27, or sent back for further detail and not pursued. An analysis of the claims that are procedurally weeded out may reveal where further action or training is necessary.
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Recommendation 34:
Institute an internal process for screening at first filing, and in s. 27 applications, by staff specifically trained in the issues Indigenous Peoples face as an immediate remedial measure, as so few Indigenous complaints are filed or advance.
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Recommendation 32:
Track and report upon instances where Indigenous Peoples settle complaints, and interview them after several months about their reasons for settling and their satisfaction with the resolution.
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Recommendation 29:
Adopt a trauma-informed practice overall, including for assessing and accommodating delays or requests for extensions. The BCHRT staff and tribunal members should be provided with training on how trauma may impact Indigenous Peoples’ actions or interactions within the BCHRT system.
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Recommendation 24:
- Support the development of systems, standards and practices that respect and reflect the pivotal place that culture, tradition, values, language and identity play in the lives of children.
- Help children build connection to community, culture, group, clan, and extended family when those relationships have been damaged.
- Engage community resources without a formal mandate to support the children and their families.
- Help Indigenous children and heal families by helping children preserve their aboriginal identity.
- Keep Indigenous children connected to their land, languages and culture.
- Make use of Indigenous decision-making process.
- Work closely with Indigenous communities to identify ways to protect children of parents in conflict with the law without removing them from the family or the community, and find homes within the children’s extended family or community.
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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