345 search results for
Human rights system
Recommendation 1:
Despite the Canadian federal government ratifying the UN CRC, provinces are inconsistent in how and when legal counsel is appointed for children (CBA, 2020; Child Projection Project Committee, BCLI, 2020; Lovinsky, 2016). Even within a province, there are often inconsistencies across different areas of law (Child Protection Project Committee, BCLI, 2020; Lovinsky, 2016). The literature also notes that current independent provincial and territorial Child Advocate and Representative Offices vary widely across provinces and are vulnerable to funding and operational changes due to provincial restructuring and changes in political priorities (Bendo & Mitchell, 2017; CBA, 2020). For instance, Ontario’s Provincial Advocate for Children and Youth was recently closed, and its investigative functions were transferred to the Ontario Ombudsman, which does not carry the same specialized approach towards children’s rights as the Provincial Advocate for Children and Youth (CBA, 2020).
These issues can be addressed through a national plan across provinces to coordinate efforts and maintain consistency (Byrne & Lundy, 2019; CBA, 2020; Collins, 2019). The CBA recommends that the federal government develop an independent National Commissioner for Children and Youth reporting to both Houses of Parliament, with a statutory mandate to protect and promote human rights amongst children and youth in Canada, including their rights to participation, and to liaise with provincial, territorial and Indigenous counterparts to coordinate efforts of mutual concern and overlapping jurisdiction. The CBA further suggests that the National Commissioner should serve to coordinate and ensure consistency amongst independent child advocate offices across provinces and territories. Finally, the CBA emphasizes the importance of incorporating and protecting the rights and interests of Indigenous children and youth when developing a national policy on children’s rights.
These issues can be addressed through a national plan across provinces to coordinate efforts and maintain consistency (Byrne & Lundy, 2019; CBA, 2020; Collins, 2019). The CBA recommends that the federal government develop an independent National Commissioner for Children and Youth reporting to both Houses of Parliament, with a statutory mandate to protect and promote human rights amongst children and youth in Canada, including their rights to participation, and to liaise with provincial, territorial and Indigenous counterparts to coordinate efforts of mutual concern and overlapping jurisdiction. The CBA further suggests that the National Commissioner should serve to coordinate and ensure consistency amongst independent child advocate offices across provinces and territories. Finally, the CBA emphasizes the importance of incorporating and protecting the rights and interests of Indigenous children and youth when developing a national policy on children’s rights.
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Recommendation 3:
There is unfortunately a risk in directing attention to the challenges faced by a child/children of parents in conflict with the law that it might contribute to their further stigmatization and isolation. It is very important to intervene “lightly”, with proper attention to protecting the privacy of these children, while helping them fight isolation (or worse, association with high-risk groups like a gang). Care must be taken to ensure that no intervention ever contributes directly or indirectly to the stigmatization of these children as “problem children”; they are simply children who need special protection and support. Agency practices should never be detrimental to the physical safety and emotional wellbeing of the children. This requires that a trauma-informed approach be used with children and adults. Situations or processes can raise past experiences of trauma that involved the victimization or potential victimization for both the children and adults.
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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Recommendation 15:
The Supreme Court of Canada, in Michel v. Graydon, which specifically deals with the B.C. Family Law Act, discusses principles that apply to the interpretation of statutes which directly bear on the role of the B.C. Legislature in upholding children’s rights, including their participation rights. The concurring judgment states: (1) that the Legislature is presumed to take into account Canada’s international obligations, which includes those found in the CRC (at para. 103); and (2) that the Legislature is taken to know the social and historical context in which it makes its intention known (at para. 97). The literature, taking an approach consistent with these principles, suggests that the Legislature plays a critical role in implementing children’s right to participate effectively in court processes. Though many important legislative, regulatory and policy steps have been taken, the literature identifies several others that are necessary to meet B.C.’s obligations to children in family law and child welfare processes. They include the specific incorporation of the CRC in both the FLA and the CFCSA, ensuring that both court processes incorporate procedural safeguards and guarantees, making sure that children in court processes are fully informed of their participatory rights and allowing children to apply for declarations relating to their best interests.
In addition, specific legislative changes and clarifications are necessary in the FLA and the CFCSA. For the FLA, these include a review of the following sections: s. 37(1) (b), views of the child; the s. 1 definition of family violence (to clarify that intent is not required); s. 203, dealing with legal representation; s. 199, dealing with conflict and family violence; and s. 37(2)(j), considering any other civil or criminal proceeding. For the CFCSA, amendments are required which provide the legal advice and representation children require throughout the processes, as well as specific provisions relating to hearing children’s views.
In addition, specific legislative changes and clarifications are necessary in the FLA and the CFCSA. For the FLA, these include a review of the following sections: s. 37(1) (b), views of the child; the s. 1 definition of family violence (to clarify that intent is not required); s. 203, dealing with legal representation; s. 199, dealing with conflict and family violence; and s. 37(2)(j), considering any other civil or criminal proceeding. For the CFCSA, amendments are required which provide the legal advice and representation children require throughout the processes, as well as specific provisions relating to hearing children’s views.
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Recommendation 1:
The specific vulnerabilities of children of incarcerated parents must be considered and taken into account. These children have rights and those rights must be protected. Children should not be discriminated against because of the actions of a member of their family or for any other reason. The best interests of the child must be considered explicitly in all decisions that affect these children (Convention on the Rights of the Child, Article 3). These children must be provided with the opportunity for their views to be heard, directly or indirectly, in relation to decisions which may affect them (Article 12).
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
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Recommendation 1:
The Representative is calling for a special convening of the child-serving systems and the children, youth, families and communities they serve to respond to the cracks in our care system that are contributing to children and youth being pushed and pulled away from the systems of care and being subjected to increased risks of serious incidents or critical injuries and deaths. To address the root systemic and structural causes of children and youth going missing from the child welfare system we need to collectively explore:
- What are the conditions of unbelonging that lead to children becoming lost or missing in the child welfare system?
- How are children’s unmet needs across systems contributing to them going missing?
- How do we align systems of care and protection to respond more effectively and uphold the rights of children who have disappeared in the system?
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- Academic institutions ,
- Faith and cultural groups ,
- First Nations governments ,
- General public ,
- Government of British Columbia ,
- Health authorities ,
- Human rights institutions ,
- Independent offices of the Legislature ,
- Indigenous organizations ,
- Municipal governments ,
- Non-profits and community organizations ,
- Public sector
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Recommendation 7:
The relevant provincial ministries should engage in extensive education and outreach to legislators and staff across the provincial government, and local governments to introduce the stigma-auditing tool to law and policymakers, and to train stigma auditors.
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Recommendation 33:
The relevant provincial ministries should engage in extensive education and outreach to legislators and staff across the provincial government, and local governments to introduce the stigma-auditing tool to law and policymakers, and to train stigma auditors.
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Recommendation 103:
The provincial Residential Tenancy Act needs to be amended as follows:
- The Act must cover all housing, including residents of social housing, nonprofit SROs, supportive housing, and temporary modular housing. People living in supportive housing should not be subjected to restrictive rules that violate their basic tenancy rights.
- The Act must tie rent to the unit, not the tenant, so landlords cannot renovict tenants to increase rents. The Act must also tie landlord rights to increase rent with obligations to maintain property and to comply with orders made by the Residential Tenancy Branch.
- Extend the ‘right of first refusal’ to tenants to return at their renovated unit at the previously payable rent in order to prevent renovictions. Also extend right of first refusal to all tenants, not just those living in residential complexes of more than five units.
- When evicting a tenant on grounds that the landlord or a close family member intends to move in, require the landlord to file a statutory declaration indicating their relationship to the family member and that they intend to occupy the unit for at least six months.
- Extend the grace period for non-payment of rent to 20 days; eliminate the Direct Request Process for non-payment of rent; and allow arbitrators discretion to consider contextual factors and refuse an order of possession for failure to pay rent.
- Provide tenants the right to a warning before getting an eviction notice for cause and require automatic dispute resolution hearings for all evictions, where landlords initiate eviction proceedings by applying with the Residential Tenancy Branch in order to receive a registered eviction notice and schedule a mandatory hearing.
- Develop a property maintenance policy that outlines a breadth of health, safety, and security standards.
- Create more robust enforcement mechanisms at the Residential Tenancy Branch to stop fraudulent evictions and to ensure landlords are adhering to maintenance obligations; amend criteria and lower the threshold for accepting investigation requests; increase the deadlines and expand the grounds for Review Consideration; and introduce a wider breadth of penalties that are imposed more often.
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Recommendation 23:
The Province of British Columbia must amend the Human Rights Code, RSBC 1996, c 210 to prohibit discrimination and harassment based on social condition.
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Recommendation 27:
MCFD must work with the Ministry of Public Safety & Solicitor General to develop a comprehensive strategy for parents that are incarcerated or on parole.
- The strategy must recognize that it is not always in the best interests of the child to remove a child from a parent or guardian that has had engagement with the criminal justice system.
- There must be supports to allow parents to have access with children in prison and while on parole. For example, the government should re-open the mother and baby unit in prisons.
- The policy should set out a strategy for expediting criminal checks so that no child’s placement is delayed because of a criminal record check.
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