50 search results for
Pivot Legal Society
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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Recommendation 14:
Amend the BC Prosecution Service Information Sheet “Bail (Conditional Release)” to reflect the presumption of unconditional release.
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Recommendation 13:
Amend the BC Crown Counsel Policy Manual to include a policy on “Conditions of Release” that:
- aligns with the Criminal Code requirement that an accused be released unconditionally unless their detention or the imposition of conditions is justified;
- reflects Supreme Court of Canada jurisprudence requiring that conditions of release be minimally onerous and that every imposition of more restrictive conditions must be individually justified; and
- takes into consideration the potential harms of imposing certain conditions on some individuals based on their social condition, race, ability status, housing status, and substance use.
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Recommendation 5:
All government actors and health care providers must recognize the specific and indispensable expertise of people with lived experience. Increase peer-run and peer-delivered services and peer-support positions within government services by:
- developing a provincial advisory board of people with lived experience of homelessness for BC Housing;
- establishing provincial best practices for engaging people with lived experience of poverty, homelessness, and substance use in service delivery modelled on GIPA (Greater Involvement of People living with HIV/AIDS), MIPA (Meaningful Involvement of People Living with HIV), and NAUWU (Nothing About Us Without Us) principles;
- collaborating with peer-led organizations to audit all provincial services (hospital, health, income assistance, shelter, housing) to identify and fund opportunities for peer engagement in service provision and planning; and
- developing a model for peer-involvement in the design and execution of homeless counts.
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Recommendation 31:
All government actors and health care providers must recognize the specific and indispensable expertise of people with lived experience. Increase peer-run and peer-delivered services and peer-support positions within government services by:
- developing a provincial advisory board of people with lived experience of homelessness for BC Housing;
- establishing provincial best practices for engaging people with lived experience of poverty, homelessness, and substance use in service delivery modelled on GIPA (Greater Involvement of People living with HIV/AIDS), MIPA (Meaningful Involvement of People Living with HIV), and NAUWU (Nothing About Us Without Us) principles;
- collaborating with peer-led organizations to audit all provincial services (hospital, health, income assistance, shelter, housing) to identify and fund opportunities for peer engagement in service provision and planning; and
- developing a model for peer-involvement in the design and execution of homeless counts.
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Recommendation 6:
A Provincial Policy on police attendance at overdoses which includes:
- a directive not to attend at drug overdose calls, except where requested by Emergency Health Services—usually in the event of a fatality or threats to public safety; and
- a clear statement that the role of law enforcement at the scene of a drug overdose is to deliver first aid if they are the only responders available, or to protect the safety of Emergency Health Services and members of the public, not to investigate the individuals or circumstances at the scene unless police determine that there is an urgent public safety concern, for example, if violence is occurring at the scene.
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Recommendation 5:
A Provincial Policy on harm reduction which should include:
- a directive to deprioritize simple possession of controlled substances and an overview of the harms of confiscating substances (including alcohol) from people with addictions and limited resources;
- a directive to never confiscate new or used syringes, naloxone, and other harm reduction and overdose prevention supplies;
- a statement that harm reduction supplies, whether new or used, are not a basis for search or investigation; and
- a directive that local police forces work with service providers to develop bubble zones around safe consumption sites, overdose prevention sites, and other harm reduction sites, taking into consideration policing practices that may deter access including visible presence, arrests in close proximity, undercover operations in and near, and surveillance of people using the service.
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Recommendation 7:
A Provincial Policy on confiscation of belongings by police which includes:
- a strong statement that explains to all police forces the harm caused by the confiscation of homeless people’s belongings;
- deprioritize confiscating homeless people’s belongings, especially necessities of life such as shelter, clothing, medication, and important personal items; and
- a directive to issue receipts for belongings and cash where they must be taken, with instructions for how to get them back.
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Recommendation 4:
A Provincial Policy governing police interactions with intoxicated persons, in partnership with people who use drugs and people living with alcoholism, and fund the implementation of the Policy. This Policy should make it clear that:
- police interventions with a person who is intoxicated must be minimally impairing on liberty and officers must make the security of the person (health) the paramount consideration in determining whether to apprehend an individual;
- city cells are not the appropriate place to bring an intoxicated person for their own safety or other therapeutic reasons. Alternatives to detention including, but not limited to, sobering centres, hospitals, and other community-based options must be made available; and
- where an intoxicated person must be brought into cells, their health care needs shall be paramount and health care visits will be mandatory.
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Recommendation 8:
A Provincial Policy detailing people’s right to privacy in tents and informal living structures akin to the right to privacy in private residences.
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