403 search results for
Policing and the criminal justice system
Recommendation 2:
Authorize force only when necessary to prevent imminent harm to a person. Prohibit use of force to address noncompliance or disobedience.
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Recommendation 4:
At all stages of any intervention, children’s views should be sought, and children’s voices should be heard. Children should be helped to develop a plan for their own care and support. Strategies and processes are required to make sure that children are appropriately informed about what is happening to their parents (when they are separated), and about the decisions that are made that can affect them.
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 4:
As this literature review has established, there are various ways in which children’s rights to participate in legal proceedings can be strengthened and preserved. To ensure sufficient attention and awareness is given to children’s participation rights, all parties to legal proceedings involving children must be appropriately educated and trained (Canadian Coalition on the Rights of Children, 2016, p.9; CBA, 2020; Martinson & Jackson, 2016; Martinson & Raven, 2020a). To increase awareness on child rights, more information about court processes should be provided to children, particularly older children, so they can provide informed views and preferences during legal proceedings (Birnbaum & Saini, 2012; Byrne & Lundy, 2019; Paetsch et al., 2018). This could also be achieved by incorporating children’s rights into school curriculums (Collins, 2019). A holistic, rights-based education would not only preserve the best interests of the child through the expression of their views but could also enable children to further realise their rights in other areas (CBA, 2020; Paetsch et al., 2018).
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- Access to justice ,
- Accessibility ,
- Accessible services and technology ,
- Ageism ,
- Courts ,
- Decolonization and Indigenous rights ,
- Discrimination and hate ,
- Education and employment ,
- Human rights system ,
- Indigenous children and youth in care ,
- International human rights ,
- Policing and the criminal justice system
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Recommendation 19:
As noted above, the BCCA refused declaratory relief to a child in a family law proceeding. Brown, findlay, Martinson, and Williams (2021) recommend that the FLA be clarified to ensure that children can obtain a best interests declaration about their best interests in a family law proceeding, and similar relief should be available in the CFCSA.
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Recommendation 59:
As long as Pinel restraints are administered by correctional staff, consider their application a reportable use of force.
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Recommendation 136:
As in other jurisdictions, prohibit the police from carrying and using all lethal weapons. Even in the most escalated scenario, there is no justification for a police-involved lethal shooting.
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Recommendation 20:
Views of the Child – s. 37(1)(b)
Brown, findlay, Martinson, and Williams (2021) recommend amending s. 37(1)(b) of the FLA to remove the words, “unless it is inappropriate to consider them” and to add the words, “and give those views due weight in accordance with their age and maturity.” This would provide consistency with the 2019 Divorce Act, and the CRC.
Definition of Family Violence – s. 1
Brown, findlay, Martinson, and Williams (2021) also recommend that the definition of psychological or emotional violence be clarified to provide that it is the impact of psychological or emotional family violence, including impact on a child, not the intention of the abuser, that is relevant. This would make it clear that violence must be considered from the child’s perspective if the child is the victim of psychological or emotional family violence.
Conflating Conflict and Family Violence
Section 199(1) of the FLA addresses both minimizing conflict and protecting children and parties from family violence. The section should be amended to make it clear that the object of reducing conflict cannot override the overarching obligation to ensure children’s safety, security, and well-being (Brown, findlay, Martinson, & Williams, 2021).
Considering Other Civil or Criminal Proceedings – s. 37(2)(j)
The CBA 2020 report, when speaking about the relevant provision in the 2019 Divorce Act, recognizes the importance of stating that the objective of considering other proceedings is to both avoid conflicting orders and to coordinate proceedings. The 2019 Act also creates a duty upon judges to obtain such information. The FLA should be amended to conform with the new Divorce Act provision.
Amending s. 203 – Legal Representation
Section 203 inappropriately and significantly limits the ability of courts to appoint lawyers for children as required by the CRC and should be amended accordingly (Brown, findlay, Martinson, & Williams, 2021; Martinson & Tempesta, 2010).
Amendments to the CFCSA
The CFCSA should be amended to include express provisions and specific procedures that incorporate children’s views in child protection proceedings, including an enabling provision for legal representation (Child Protection Project Committee, BCLI, 2020). According to the Child Protection Project Committee of the BCLI (2020), this clarification of the law is necessary to prevent children’s views from being overlooked due to broad judicial interpretation under the CFCSA’s current form. This enabling provision should include detailed options and factors to consider for incorporating children’s views in child protection proceedings, while maintaining wide judicial discretion (Child Protection Project Committee, BCLI, 2020).
The CFCSA should also include a clear enabling provision for legal representation of children in child protection proceedings, which is currently missing from B.C. legislation, unlike most other provinces (Child Protection Project Committee, BCLI, 2020). Provisions for enabling legal representation for children should also clarify who should decide when appointing counsel is appropriate, factors to consider, how to determine appropriate capacity of the child and who should pay for the lawyer (Child Protection Project Committee, BCLI, 2020).
br>Finally, the BCLI Child Protection Project Committee (2020) notes that changes to the legislation are modest reforms and should exist alongside ministerial policies that are more flexible to changes and adequately funded programs to carry out children’s legal participation.
Views of the Child – s. 37(1)(b)
Brown, findlay, Martinson, and Williams (2021) recommend amending s. 37(1)(b) of the FLA to remove the words, “unless it is inappropriate to consider them” and to add the words, “and give those views due weight in accordance with their age and maturity.” This would provide consistency with the 2019 Divorce Act, and the CRC.
Definition of Family Violence – s. 1
Brown, findlay, Martinson, and Williams (2021) also recommend that the definition of psychological or emotional violence be clarified to provide that it is the impact of psychological or emotional family violence, including impact on a child, not the intention of the abuser, that is relevant. This would make it clear that violence must be considered from the child’s perspective if the child is the victim of psychological or emotional family violence.
Conflating Conflict and Family Violence
Section 199(1) of the FLA addresses both minimizing conflict and protecting children and parties from family violence. The section should be amended to make it clear that the object of reducing conflict cannot override the overarching obligation to ensure children’s safety, security, and well-being (Brown, findlay, Martinson, & Williams, 2021).
Considering Other Civil or Criminal Proceedings – s. 37(2)(j)
The CBA 2020 report, when speaking about the relevant provision in the 2019 Divorce Act, recognizes the importance of stating that the objective of considering other proceedings is to both avoid conflicting orders and to coordinate proceedings. The 2019 Act also creates a duty upon judges to obtain such information. The FLA should be amended to conform with the new Divorce Act provision.
Amending s. 203 – Legal Representation
Section 203 inappropriately and significantly limits the ability of courts to appoint lawyers for children as required by the CRC and should be amended accordingly (Brown, findlay, Martinson, & Williams, 2021; Martinson & Tempesta, 2010).
Amendments to the CFCSA
The CFCSA should be amended to include express provisions and specific procedures that incorporate children’s views in child protection proceedings, including an enabling provision for legal representation (Child Protection Project Committee, BCLI, 2020). According to the Child Protection Project Committee of the BCLI (2020), this clarification of the law is necessary to prevent children’s views from being overlooked due to broad judicial interpretation under the CFCSA’s current form. This enabling provision should include detailed options and factors to consider for incorporating children’s views in child protection proceedings, while maintaining wide judicial discretion (Child Protection Project Committee, BCLI, 2020).
The CFCSA should also include a clear enabling provision for legal representation of children in child protection proceedings, which is currently missing from B.C. legislation, unlike most other provinces (Child Protection Project Committee, BCLI, 2020). Provisions for enabling legal representation for children should also clarify who should decide when appointing counsel is appropriate, factors to consider, how to determine appropriate capacity of the child and who should pay for the lawyer (Child Protection Project Committee, BCLI, 2020).
br>Finally, the BCLI Child Protection Project Committee (2020) notes that changes to the legislation are modest reforms and should exist alongside ministerial policies that are more flexible to changes and adequately funded programs to carry out children’s legal participation.
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Recommendation 3:
Amending the Police Act to expand the mandate of the Office of the Police Complaint Commissioner (OPCC) in order to:
- ensure that all police officers and forces operating in BC fall under the mandate of the OPCC;
- ensure that civilian investigators and civilian staff members are responsible for the entirety of the complaint resolution process; and
- allow the OPCC to audit police complaints each year, particularly where they involve discrimination based on race, gender, poverty, or health status, and publicly report on areas of concern for further investigation or reform.
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Recommendation 15:
Amend the Public Prosecution Service of Canada Deskbook Part 3.18 sections 2 and 5 to:
- more clearly reflect the Criminal Code requirement that an accused be released unconditionally unless their detention or the imposition of conditions is justified; and
- take into consideration the potential harms of imposing certain conditions on certain individuals based on their social condition, race, ability status, housing status, and substance use. ii. take into consideration the potential harms of imposing certain conditions on certain individuals based on their social condition, race, ability status, housing status, and substance use.
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Recommendation 17:
Amend the Provincial Court of British Columbia, “Bail Orders Picklist”, May 1, 2017 and Provincial Court of British Columbia, “Probation Orders Picklist” May 1, 2017 to:
- remove “Drug Paraphernalia” conditions;
- restrict the use of “No Alcohol or Drugs” conditions in relation to people with addictions;
- remove “banishment” conditions entirely;
- ensure that all “red zone” conditions are imposed only where doing so is required to protect the safety of a victim, witness, or the public from violence or serious harm. In doing so, red zones must be tailored to the alleged offence and the circumstances of the individual. Under no circumstances are standardized red zones appropriate; and
- prohibit the imposition of behavioural or geographic conditions that would interfere with the ability to access health or social services, including harm reduction health services.
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