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All of B.C.
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.
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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.
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Recommendation 5:
Eliminate any influence on Provincial policies and legislation of colonial doctrines including the Doctrine of Discovery and terra nullius in relation to Indigenous cultural heritage and more generally. This includes removing the 1846 distinction date for recognition and protection of archaeological sites, properties, and objects under the Heritage Conservation Act.
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Recommendation 4:
Develop tools that entrench an understanding, respect and appreciation of the UN Declaration in society at large.
For implementation to be successful, the general public must be able to participate in discourse about the UN Declaration at the same level as other pieces of foundational legislation such as the Canadian Charter of Rights and Freedoms (Constitution Act, 1982).
To do so, human rights education needs to be implemented and tools need to be developed (including school-based curricula) to properly educate the Canadian public on the UN Declaration.
For implementation to be successful, the general public must be able to participate in discourse about the UN Declaration at the same level as other pieces of foundational legislation such as the Canadian Charter of Rights and Freedoms (Constitution Act, 1982).
To do so, human rights education needs to be implemented and tools need to be developed (including school-based curricula) to properly educate the Canadian public on the UN Declaration.
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Recommendation 4:
Develop a framework, action plan and timeline to fully implement the United Nations Declaration on the Rights of Indigenous Peoples and Bill C-41/Declaration on the Rights of Indigenous Peoples Act (DRIPA). UNDRIP recognizes the right of Indigenous Peoples to “maintain, control, protect and develop their cultural heritage.” The Province of B.C. has committed to implementing UNDRIP and DRIPA/Bill 41, and investment in this plan will align with that commitment by providing opportunities for Indigenous-led management of Indigenous cultural heritage. This framework and action plan must establish jurisdiction and statutory decision-making authority over Indigenous cultural heritage by Indigenous Peoples. For this to be successful, it will require decentralizing power and developing or activating mechanisms for extending authority within existing legislation to Indigenous Peoples. British Columbia’s current Bill C-41 / Declaration on the Rights of Indigenous Peoples Act (DRIPA) provides a mechanism for developing such legal mechanisms, processes, and relationships.
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Recommendation 5:
Create written public legal information materials on priority areas of legal need
Written public legal information materials in multiple languages would be an important resource for migrant workers at the pre-arrival and on-arrival stages of their migration to Canada. In addition to providing key information about their rights according to the priority areas of legal need, written materials would also direct migrant workers to where they may go for help in Canada. As such, the written materials would refer to the dedicated website, dedicated hotline, community service providers and legal advocates. As the written materials would be distributed by both Canadian visa offices abroad pre-arrival and CBSA officers on arrival, the likelihood that materials will reach migrant workers is increased substantially.
Written materials would also facilitate the provision of legal information during migrant workers’ employment in BC. Written materials can be used by community service providers as a reference for the provision of in-person legal information and referrals, and are particularly useful as a source of information for SAWP workers in remote areas without access to the Internet.
Written public legal information materials in multiple languages would be an important resource for migrant workers at the pre-arrival and on-arrival stages of their migration to Canada. In addition to providing key information about their rights according to the priority areas of legal need, written materials would also direct migrant workers to where they may go for help in Canada. As such, the written materials would refer to the dedicated website, dedicated hotline, community service providers and legal advocates. As the written materials would be distributed by both Canadian visa offices abroad pre-arrival and CBSA officers on arrival, the likelihood that materials will reach migrant workers is increased substantially.
Written materials would also facilitate the provision of legal information during migrant workers’ employment in BC. Written materials can be used by community service providers as a reference for the provision of in-person legal information and referrals, and are particularly useful as a source of information for SAWP workers in remote areas without access to the Internet.
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Recommendation 1:
Create a network of stakeholders involved in the dissemination of legal information and provision of legal services
A network of stakeholders is necessary to coordinate multiple entry points into a system that facilitates access to legal information and services for migrant workers. The network would consist of multiple stakeholders working together to provide a seamless experience for migrant workers to access information at the prearrival, on-arrival, and employment stages of their migration. Stakeholders include both government and nongovernment actors, as follows:
Pre-arrival:
A network of stakeholders is necessary to coordinate multiple entry points into a system that facilitates access to legal information and services for migrant workers. The network would consist of multiple stakeholders working together to provide a seamless experience for migrant workers to access information at the prearrival, on-arrival, and employment stages of their migration. Stakeholders include both government and nongovernment actors, as follows:
Pre-arrival:
- Immigration, Refugees and Citizenship Canada, through its Canadian visa offices overseas, would distribute legal information materials to migrant workers prior to their arrival to Canada. These materials would be provided when the worker’s visa is sent to or picked up by the prospective worker, and would be made visibly available at Canadian embassies, consulates, and visa processing centres abroad.
- The Canada Border Services Agency (CBSA) would distribute legal information materials to migrant workers at their point of entry to Canada at airports and border crossings. CBSA officials would provide these information materials to migrant workers when they receive their work permit.
- Legal advocates in the region would provide post-arrival information sessions to migrant workers.
- Trained call centre staff at key government agencies would provide information and referrals to legal advocates, the dedicated website and the dedicated hotline.
- Websites of key government agencies would refer migrant workers to the dedicated website and the dedicated hotline.
- Trained community service providers, including key settlement agencies, grassroots migrant worker organizations and faith-based organizations, would conduct outreach to migrant workers and provide legal information and referrals to legal services.
- Legal advocates would provide direct legal advocacy services, workshops and mobile clinics to remote areas. Legal advocates would also regularly update the dedicated website and answer the dedicated hotline.
- Lawyers would provide supervision to the legal advocates, and training to the legal advocates and community service providers.
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Recommendation 3:
Create a dedicated website
The data collected for this report highlighted the need for reliable and user-friendly online multilingual legal information. A dedicated website which provides legal information tailored to migrant workers in the low-wage streams, as well as a comprehensive directory of community service providers and legal advocates would function as a resource for migrant workers, community service providers, and government staff who receive information requests from migrant workers. The website would also direct migrant workers to the dedicated hotline.
Migrant workers would be directed to the dedicated website via several sources, including written legal information materials, on-the-ground community service providers, and websites of key government agencies, for example. Migrant workers in the focus groups shared that when they search for legal information online, they frequently go to government websites. As such, government websites play an important role in directing migrant workers to resources available to them.
Interview data further indicates the need to provide a website that consolidates information from various sources. […] A dedicated website can simplify the search for up-to-date online legal information, and facilitate greater access to legal information by making it available in different languages.
The data collected for this report highlighted the need for reliable and user-friendly online multilingual legal information. A dedicated website which provides legal information tailored to migrant workers in the low-wage streams, as well as a comprehensive directory of community service providers and legal advocates would function as a resource for migrant workers, community service providers, and government staff who receive information requests from migrant workers. The website would also direct migrant workers to the dedicated hotline.
Migrant workers would be directed to the dedicated website via several sources, including written legal information materials, on-the-ground community service providers, and websites of key government agencies, for example. Migrant workers in the focus groups shared that when they search for legal information online, they frequently go to government websites. As such, government websites play an important role in directing migrant workers to resources available to them.
Interview data further indicates the need to provide a website that consolidates information from various sources. […] A dedicated website can simplify the search for up-to-date online legal information, and facilitate greater access to legal information by making it available in different languages.
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Recommendation 4:
Create a dedicated hotlineA dedicated hotline to provide legal information, advice and referrals would serve as another key entry point into the coordinated system. The hotline would facilitate access to information for migrant workers in remote areas who may face barriers to accessing services in person. To reduce barriers, legal advocates would staff the hotline during times when migrant workers are typically off work.
Data from the focus groups shows that caregivers, SAWP workers and workers in the low-wage stream of the TFWP would all like to see the development of a dedicated hotline. While SAWP workers in the Fraser Valley focus group indicated that they would like to see the development of a hotline, many workers stated that in person on the farm advocacy is necessary in addition to a hotline. A dedicated hotline would thus complement, but not replace in-person provision of legal information and services by community service providers and legal advocates.
Data from the focus groups shows that caregivers, SAWP workers and workers in the low-wage stream of the TFWP would all like to see the development of a dedicated hotline. While SAWP workers in the Fraser Valley focus group indicated that they would like to see the development of a hotline, many workers stated that in person on the farm advocacy is necessary in addition to a hotline. A dedicated hotline would thus complement, but not replace in-person provision of legal information and services by community service providers and legal advocates.
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Recommendation 22:
Contribute funding and effort for a detailed needs study to inform the development of:
- Programs and grants to build capacity, support skills development in Indigenous heritage professionals, and support infrastructure development for the caretaking of cultural objects and intellectual property;
- Training programs for Indigenous People interested in heritage work. This could be done in partnership with universities and colleges, or museums through coursework and internships in Indigenous communities and organizations;
- Exchange programs for Indigenous heritage professionals to learn about international best practices and share approaches and methods with international Indigenous organizations and institutions doing ground-breaking work to protect and revitalize Indigenous cultural heritage;
- Mentorship programs partnering experienced Indigenous heritage professionals from museums, universities, or other well-resourced institutions, with those more junior; and
- Awards or campaigns to recognize and celebrate leaders in Indigenous cultural heritage work. This could attract more Indigenous People to the field by putting a public face on Indigenous People leading heritage protection work and normalize and publicize Indigenous leadership in heritage work to the broader public.
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