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Recommendation 6:
Apply holistic, integrated, fulsome and inclusive recognition of ICH, serving to broaden institutional attachments from the narrow focus on “archaeological” material culture currently common in the interpretation of the heritage legislation such as the Heritage Conservation Act.
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Recommendation 90:
We call upon the federal government to ensure that national sports policies, programs, and initiatives are inclusive of Aboriginal peoples, including, but not limited to, establishing:
- In collaboration with provincial and territorial governments, stable funding for, and access to, community sports programs that reflect the diverse cultures and traditional sporting activities of Aboriginal peoples.
- An elite athlete development program for Aboriginal athletes.
- Programs for coaches, trainers, and sports officials that are culturally relevant for Aboriginal peoples.
- Anti-racism awareness and training programs.
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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 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 79:
Amend policy to require that post-use of force medical assessments include a determination of whether the prisoner has received clean clothing and bedding and has a clean cell.
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Recommendation 58:
Amend policy so that only healthcare staff can authorize and manage interventions to address self-harm and suicidality, including suicide smocks, observation cells and and Pinel restraints based on clinical need. Pinel restraints should only be used in psychiatric facilities.
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Recommendation 4:
Always centre care, capacity, realistic timeframes, and meaningful responses when addressing the concerns of Indigenous employees, and only request those perspectives with the expressed consent of employees.
- Make culturally sensitive supports available to employees. Take every claim of harm seriously, and centre genuine concern towards healing and mediating those facets of the institutional culture. Never gaslight employees.
- Always consult from within as opposed to without the organization, putting less focus on tokenistic measures such as business consultants and more focus on the integration of anti-racist structures and cultures, and Black and Indigenous decolonial ideologies and peoples throughout workplaces.
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Recommendation 14:
Although the experience of racism in the use of status cards is near-universal amongst status First Nations, and the mention of status cards elicits overt and numerous racist responses in online forums, there is very little data collected, studies published, or indicators monitored about this experience. Increasingly, there is broad policy support for the collection and monitoring of race-based data to support equity and dignity for all persons. Future work pursuant to this study should continue, and specifically:
- Be a matter of focus of human rights offices and associated studies.
- Indicators and data collection about experience in the use of status cards, and outcomes data related to the experience of racism, should be embedded in surveying and performance monitoring at local, regional, provincial, and national levels, including by First Nations governments in their primary data collection and research projects. These should consider the unique experiences of LGBTQ2S+ persons as well as other groups that are experiencing intersecting and compounding forms of oppression and discrimination.
- Be tied to clear action plans and accountability for change.
- Be rooted in Indigenous data sovereignty.
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Recommendation 70:
Allow prisoners to have uses of force against them reviewed at the national level upon request and without having to go through the grievance process.
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