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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 4:
These examples indicate a need for there to be an explicit legal obligation on the Ministry to actively consider placing the child with extended family members or returning the child to the parent. The federal standard, as set out in Bill C-92, requires that a reassessment of available alternative placements is “conducted on an ongoing basis.”
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Recommendation 15:
There should be a drive for greater gender and racial equity in gallery exhibitions. For instance, a guiding principle might mandate that Black women artists booking a solo exhibition be paid the same rate as the highest paid white man artist. In fact, institutions should recognize that certain communities deserve to be paid more for their time and adopt an equity payscale. This can be considered another form of restitution for historic and ongoing marginalization of Indigenous and Black individuals and communities, which requires more labour to participate in the industry compared to non-Indigenous, white peers.
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Recommendation 6:
There should also be a requirement that the Ministry respond to alternative proposals by parents, Nations, and community-based organizations that support the parent. The Yellowhead Institute recommends that the legislation include “affidavit evidence from the Indigenous group that there is no available placement.
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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
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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 173:
The test for security classification under s. 18 of the Corrections and Conditional Release Regulations should be amended to eliminate institutional adjustment as criteria for a higher classification level.
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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 severity and pervasiveness of anti-Asian racism reported requires immediate attention from all levels of government. Federal, provincial and municipal governments and all political parties must recognize anti-Asian racism as a distinct area of discrimination that requires immediate action. In particular, the government must:
- Recognize the importance of anti-racism education by committing financial and other resources to community-led organizations to carry out anti-racism education.
- Provide comprehensive, community-based, culturally specific, collective and individual social supports that would be accessible for those from diverse backgrounds and of all language abilities to ensure that victims and survivors of racist attacks and anti-Asian racism can receive the support they need so that our communities can recover holistically.
- Implement comprehensive policies to prevent the spread of misinformation in media and social media which incites negative public discourse and further provokes racism (for example, policies proposed by CCNC-SJ).
- Fund more educational initiatives about the long history of Chinese Canadians and Asian Canadians in Canada, their historical experiences with racism and their contributions to Canada.
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Recommendation 5:
The PHWA illustrates that Western systems must be supportive and culturally safe in order to advance the health of First Nations. To do so, there is a need for unified, coordinated actions across diverse systems and organizations to remove systemic barriers to wellness. In particular, these collaborations must attend to First Nations connection to land, which is a foundation of wellness. We challenge health, social, and environmental sectors to work together in new and innovative ways.
Achieveing the targets set out within the PHWA requires both intra-organizational alignments and inter-organizational collaboration and partnership. First Nations organizations and collectives must continue to pursue alignment and support one another in collective efforts to nourish roots of wellness. BC’s Provincial Government must create internal mechanisms to collaborate effectively between ministries and make efforts to include ministries that influence First Nations’ connection to land.
Achieveing the targets set out within the PHWA requires both intra-organizational alignments and inter-organizational collaboration and partnership. First Nations organizations and collectives must continue to pursue alignment and support one another in collective efforts to nourish roots of wellness. BC’s Provincial Government must create internal mechanisms to collaborate effectively between ministries and make efforts to include ministries that influence First Nations’ connection to land.
- Federal and provincial governments must partner with First Nations organizations and collectives to collaborate efficiently across sectors with the goal of achieving the targets outlined in the PHWA.
- First Nations organizations and collectives and governmental bodies implicated in the following areas are key stakeholders in this intersectoral work: health, education, housing, justice, social development, poverty reduction, natural resources/climate change, economic development, and child welfare.
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Recommendation 16:
The literature has long supported specific incorporation of the CRC in all legislation relevant to children. It is particularly important in family law and child welfare cases but has not happened in B.C. (Brown, Findlay, Martinson, & Williams, 2021; CBA 2020; Andreychuk & Fraser, 2007; UN Committee on the Rights of the Child Concluding Observations: Canada, 2012). An example of the effective incorporation is found in Ontario’s Child, Youth and Family Services Act, 2017 (CBA, 2020).
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