345 search results for
Human rights system
Recommendation 1:
Broaden the concept of human rights to incorporate international human rights principles as reflected in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and Indigenous legal traditions, in the Code and BCHRT operations and practice.
-
Category and theme:
Groups affected:
Location of recommendation:
Recommendation 1:
We recommend that legislation prohibit the use of solitary confinement as it is defined by the United Nations’ in the Mandela Rules.
-
Category and theme:
Audience:
Groups affected:
Location of recommendation:
Recommendation 15:
- Provide timely access to legal assistance (e.g., through legal assistance phoneline, Family Law Centres, etc.).
- Provide legal information to children in an age-sensitive manner.
- Provide timely across to legal assistance (e.g., through legal assistance phoneline, Family Law Centres, etc.).
- Help parents and caregivers deal with child custody and child protection matters.
- Provide legal advocacy for the children and protect their rights in all contacts with the legal system.
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
-
Category and theme:
Audience:
Groups affected:
Location of recommendation:
Recommendation 3:
Take tangible steps to turn words into action through a diverse range of implementation initiatives that reflect the minimum standards in the UN Declaration.
There is no “one size fits all” approach to implementation; it will differ based on the context and the community.
As such, it would be beneficial for Indigenous Nations and Crown governments to advance new models of consent-based agreements in a number of different areas, such as aquaculture and community-industry agreements.
A legislative amendment could be made to allow decision-makers to enter into agreements and arrangements with Indigenous Nations, allowing legislative space for self-government.
There is no “one size fits all” approach to implementation; it will differ based on the context and the community.
As such, it would be beneficial for Indigenous Nations and Crown governments to advance new models of consent-based agreements in a number of different areas, such as aquaculture and community-industry agreements.
A legislative amendment could be made to allow decision-makers to enter into agreements and arrangements with Indigenous Nations, allowing legislative space for self-government.
-
Category and theme:
Groups affected:
Location of recommendation:
Recommendation 2:
Support a central focus on Indigenous peoples choosing how they will organize and govern themselves consistent with the right to self-determination.
Indigenous self-determination is foundational to the UN Declaration.
Historically, self-government agreements have been paternalistic and subject to discriminatory colonial policies.
Advancing Indigenous self-government will require the BC government to invest in the work being implemented by Nations.
The right to self-determination necessarily includes the recognition and revitalization of Indigenous laws and legal systems.
The BC government should support this work apart from achieving agreements on other outcomes (i.e., resources), and without demanding a prescribed Crown role in the rebuilding effort.
Indigenous self-determination is foundational to the UN Declaration.
Historically, self-government agreements have been paternalistic and subject to discriminatory colonial policies.
Advancing Indigenous self-government will require the BC government to invest in the work being implemented by Nations.
The right to self-determination necessarily includes the recognition and revitalization of Indigenous laws and legal systems.
The BC government should support this work apart from achieving agreements on other outcomes (i.e., resources), and without demanding a prescribed Crown role in the rebuilding effort.
-
Category and theme:
Groups affected:
Location of recommendation:
Recommendation 6:
Provide post-arrival orientation sessions
Post-arrival orientation sessions conducted by legal advocates in the region that cover priority areas of legal need, a description of how and where migrant workers are to access pertinent legal information online, as well as information about how to access community and legal services, would ensure that migrant workers are armed with the information they need at the start of their employment, thereby increasing their ability to self-advocate and prevent legal problems from occurring later on.
In order to ensure that migrant workers attend, sessions would also be mandatory with a requirement on the part of employers to facilitate access, including providing transportation to and from the session. Sessions are delivered in the worker’s first language.
Post-arrival orientation sessions conducted by legal advocates in the region that cover priority areas of legal need, a description of how and where migrant workers are to access pertinent legal information online, as well as information about how to access community and legal services, would ensure that migrant workers are armed with the information they need at the start of their employment, thereby increasing their ability to self-advocate and prevent legal problems from occurring later on.
In order to ensure that migrant workers attend, sessions would also be mandatory with a requirement on the part of employers to facilitate access, including providing transportation to and from the session. Sessions are delivered in the worker’s first language.
-
Category and theme:
Groups affected:
Location of recommendation:
Recommendation 7:
Provide ongoing mobile legal clinics
Mobile legal clinics were identified as an effective means to reach workers in remote areas of the province with little access to transportation or services. Legal advocates would coordinate with community service providers to provide mobile clinics on an as-needed basis on farms and other rural locations at times that are convenient for workers to attend. Mobile legal clinics would allow workers to receive individual legal advice regarding their particular issues.
Public legal education workshops or information sessions may also be provided in conjunction with the mobile clinics according to the needs of the migrant workers in the various low-wage streams of the TFWP.
Mobile legal clinics were identified as an effective means to reach workers in remote areas of the province with little access to transportation or services. Legal advocates would coordinate with community service providers to provide mobile clinics on an as-needed basis on farms and other rural locations at times that are convenient for workers to attend. Mobile legal clinics would allow workers to receive individual legal advice regarding their particular issues.
Public legal education workshops or information sessions may also be provided in conjunction with the mobile clinics according to the needs of the migrant workers in the various low-wage streams of the TFWP.
-
Category and theme:
Groups affected:
Location of recommendation:
Recommendation 2:
Increase the supply of dedicated legal information and advocacy services
An increased supply of dedicated legal advocates and community service providers in regions of the province with high concentrations of migrant workers would address the issue of inadequate availability of pro bono legal information and services.
Data collected from the focus groups indicates a strong need for a network of trained service providers who understand the specific situation of migrant workers according to the regulations of the low-wage streams of the TFWP, and the unique ways in which immigration law intersects with their employment in the province.
Legal advocates, under the supervision of a Supervising Lawyer, would provide direct legal advocacy services in the areas of law that are identified as priority needs (immigration, employment, and housing) and not otherwise offered by other legal advocates in the region to avoid service duplication. Supervision by lawyers would ensure accountability for services provided.
Legal advocates would work in a coordinated way with community service providers, who are already working to provide assistance to migrant workers and whose capacity to conduct outreach and provide legal information and referrals to legal services is enhanced through training by lawyers, which can include lawyers who work for non-profit organizations, such as Migrant Workers Centre or Community Legal Assistance Society, or supervising lawyers in the region.
Community service providers would receive training on how to identify legal issues; find accurate legal information online; use the dedicated website; when and how to make referrals to legal advocates and other services; and how to distribute and help workers to understand legal information materials.
To the greatest extent possible, legal advocates would be multilingual and provide services in migrant workers’ first language. The placement of multilingual law students to work with legal advocates through co-ops or other programs for course credit could also play an important role in increasing access to justice for migrant workers.
An increased supply of dedicated legal advocates and community service providers in regions of the province with high concentrations of migrant workers would address the issue of inadequate availability of pro bono legal information and services.
Data collected from the focus groups indicates a strong need for a network of trained service providers who understand the specific situation of migrant workers according to the regulations of the low-wage streams of the TFWP, and the unique ways in which immigration law intersects with their employment in the province.
Legal advocates, under the supervision of a Supervising Lawyer, would provide direct legal advocacy services in the areas of law that are identified as priority needs (immigration, employment, and housing) and not otherwise offered by other legal advocates in the region to avoid service duplication. Supervision by lawyers would ensure accountability for services provided.
Legal advocates would work in a coordinated way with community service providers, who are already working to provide assistance to migrant workers and whose capacity to conduct outreach and provide legal information and referrals to legal services is enhanced through training by lawyers, which can include lawyers who work for non-profit organizations, such as Migrant Workers Centre or Community Legal Assistance Society, or supervising lawyers in the region.
Community service providers would receive training on how to identify legal issues; find accurate legal information online; use the dedicated website; when and how to make referrals to legal advocates and other services; and how to distribute and help workers to understand legal information materials.
To the greatest extent possible, legal advocates would be multilingual and provide services in migrant workers’ first language. The placement of multilingual law students to work with legal advocates through co-ops or other programs for course credit could also play an important role in increasing access to justice for migrant workers.
-
Category and theme:
Audience:
Groups affected:
Location of recommendation:
Recommendation 1:
Establish a preliminary legislative foundation as soon as possible that brings transparency, coherence and a measure of accountability to the process, as part of a broader long-term approach to legislative change.
Foundational legislation developed in full co-operation with Indigenous peoples will provide a transparent, coherent and binding path to implementation.
Bill C-262 is a logical starting place for this legislation, as it provides a confirmation of legal application in BC; a legislated requirement for an orderly, clear and transparent process of implementation; and a recognition of the need for oversight and accountability frameworks.
Establishment of legislation should be reflective of a new approach to litigation regarding Indigenous Rights: collaboration, not conflict.
Foundational legislation developed in full co-operation with Indigenous peoples will provide a transparent, coherent and binding path to implementation.
Bill C-262 is a logical starting place for this legislation, as it provides a confirmation of legal application in BC; a legislated requirement for an orderly, clear and transparent process of implementation; and a recognition of the need for oversight and accountability frameworks.
Establishment of legislation should be reflective of a new approach to litigation regarding Indigenous Rights: collaboration, not conflict.
-
Category and theme:
Groups affected:
Location of recommendation:
Recommendation 1:
Enhance the capacity of the assisted living registry to enforce the Community and Assisted Living Act by substantially increasing the number of assisted living investigators, and by developing policies that build on the inspection provisions in the act.
These policies should:
These policies should:
- Mandate yearly inspections of all private-pay and publicly subsidized assisted living residences; and
- Mandate all publicly subsidized and private-pay assisted living residences to post clear and detailed information about how and where residents, families and staff can access the complaints process of the assisted living registry, including public reporting on compliance.
-
Category and theme:
Audience:
Groups affected:
Location of recommendation: