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Recommendation 15:
- Provide timely access to legal assistance (e.g., through legal assistance phoneline, Family Law Centres, etc.).
- Provide legal information to children in an age-sensitive manner.
- Provide timely across to legal assistance (e.g., through legal assistance phoneline, Family Law Centres, etc.).
- Help parents and caregivers deal with child custody and child protection matters.
- Provide legal advocacy for the children and protect their rights in all contacts with the legal system.
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 12:
- Provide children with access to emotional and psychosocial support, including help in dealing with stress, trauma, and feelings of stigma, blame and shame.
- Ensure the children’s safety and, if necessary, develop and implement child safety plans; allow the child to stay in his/her home under a “supervision order” with conditions that the parents must follow; and, remove the child if the child safety cannot be ensured.
- Improve the children’s access to existing programs (sport, recreation, mentoring, etc.).
- Facilitate the integration of children into a new school or a new community when they have to relocate.
- Help normalize the child’s life (increased adult support and conversations, new relationships, activities, etc.).
- Offer support to children who have developed behavioural issues that affect their adaptation in school, participation in sports, or enjoyment of recreational and sport activities.
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 2:
The National Occupancy Standards should not be used to exclude safe options for women experiencing violence.
As our research shows, the National Occupancy Standards are standing in the way of women accessing affordable units in social housing. Without affordable housing options, women may end up in unsafe situations. Furthermore, there is a common concern that MCFD may become involved due to the size of the unit a women is living in with her children or MCFD is unable to return children to the care of their mother from foster care because she is not able to obtain a big enough unit. The NOS are intended to address habitability and overcrowding issues but as applied as requirements by relevant housing and social service agencies, the unintended consequence is to keep women in unsafe circumstances and limit their freedom to access safe and affordable housing.
We recommend that CMHC clarify that the NOS are guidelines, not regulation and that safety should be established as the main priority for housing women and their children, not number of bedrooms.
As well, we recommend that MCFD educate their workforce so that the National Occupancy Standards are not used as justification for separating women and her children.
As our research shows, the National Occupancy Standards are standing in the way of women accessing affordable units in social housing. Without affordable housing options, women may end up in unsafe situations. Furthermore, there is a common concern that MCFD may become involved due to the size of the unit a women is living in with her children or MCFD is unable to return children to the care of their mother from foster care because she is not able to obtain a big enough unit. The NOS are intended to address habitability and overcrowding issues but as applied as requirements by relevant housing and social service agencies, the unintended consequence is to keep women in unsafe circumstances and limit their freedom to access safe and affordable housing.
We recommend that CMHC clarify that the NOS are guidelines, not regulation and that safety should be established as the main priority for housing women and their children, not number of bedrooms.
As well, we recommend that MCFD educate their workforce so that the National Occupancy Standards are not used as justification for separating women and her children.
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Recommendation 17:
Support Indigenous Peoples to have the resources needed to develop and administer their own cultural heritage laws, policies, and practices; and to establish agreements that clarify relations with and between federal and provincial governments.
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Recommendation 6:
Provide post-arrival orientation sessions
Post-arrival orientation sessions conducted by legal advocates in the region that cover priority areas of legal need, a description of how and where migrant workers are to access pertinent legal information online, as well as information about how to access community and legal services, would ensure that migrant workers are armed with the information they need at the start of their employment, thereby increasing their ability to self-advocate and prevent legal problems from occurring later on.
In order to ensure that migrant workers attend, sessions would also be mandatory with a requirement on the part of employers to facilitate access, including providing transportation to and from the session. Sessions are delivered in the worker’s first language.
Post-arrival orientation sessions conducted by legal advocates in the region that cover priority areas of legal need, a description of how and where migrant workers are to access pertinent legal information online, as well as information about how to access community and legal services, would ensure that migrant workers are armed with the information they need at the start of their employment, thereby increasing their ability to self-advocate and prevent legal problems from occurring later on.
In order to ensure that migrant workers attend, sessions would also be mandatory with a requirement on the part of employers to facilitate access, including providing transportation to and from the session. Sessions are delivered in the worker’s first language.
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Recommendation 7:
Provide ongoing mobile legal clinics
Mobile legal clinics were identified as an effective means to reach workers in remote areas of the province with little access to transportation or services. Legal advocates would coordinate with community service providers to provide mobile clinics on an as-needed basis on farms and other rural locations at times that are convenient for workers to attend. Mobile legal clinics would allow workers to receive individual legal advice regarding their particular issues.
Public legal education workshops or information sessions may also be provided in conjunction with the mobile clinics according to the needs of the migrant workers in the various low-wage streams of the TFWP.
Mobile legal clinics were identified as an effective means to reach workers in remote areas of the province with little access to transportation or services. Legal advocates would coordinate with community service providers to provide mobile clinics on an as-needed basis on farms and other rural locations at times that are convenient for workers to attend. Mobile legal clinics would allow workers to receive individual legal advice regarding their particular issues.
Public legal education workshops or information sessions may also be provided in conjunction with the mobile clinics according to the needs of the migrant workers in the various low-wage streams of the TFWP.
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Recommendation 1:
Prioritizing affordable housing is essential for poverty reduction and economic security of women experiencing violence.
This community needs assessment and review of the academic and grey literature clearly shows that women experiencing violence face many challenges to securing affordable housing, with the most foundational barrier being unaffordability of housing and chronic poverty. Women experiencing violence need to find housing that is actually affordable (no more than 30% of her income) so that they are able to avoid a cycle of poverty.
We recommend that all levels of government commit to building adequate and affordable housing that fits the needs of women and their children experiencing violence.
This community needs assessment and review of the academic and grey literature clearly shows that women experiencing violence face many challenges to securing affordable housing, with the most foundational barrier being unaffordability of housing and chronic poverty. Women experiencing violence need to find housing that is actually affordable (no more than 30% of her income) so that they are able to avoid a cycle of poverty.
We recommend that all levels of government commit to building adequate and affordable housing that fits the needs of women and their children experiencing violence.
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Recommendation 2:
Increase the supply of dedicated legal information and advocacy services
An increased supply of dedicated legal advocates and community service providers in regions of the province with high concentrations of migrant workers would address the issue of inadequate availability of pro bono legal information and services.
Data collected from the focus groups indicates a strong need for a network of trained service providers who understand the specific situation of migrant workers according to the regulations of the low-wage streams of the TFWP, and the unique ways in which immigration law intersects with their employment in the province.
Legal advocates, under the supervision of a Supervising Lawyer, would provide direct legal advocacy services in the areas of law that are identified as priority needs (immigration, employment, and housing) and not otherwise offered by other legal advocates in the region to avoid service duplication. Supervision by lawyers would ensure accountability for services provided.
Legal advocates would work in a coordinated way with community service providers, who are already working to provide assistance to migrant workers and whose capacity to conduct outreach and provide legal information and referrals to legal services is enhanced through training by lawyers, which can include lawyers who work for non-profit organizations, such as Migrant Workers Centre or Community Legal Assistance Society, or supervising lawyers in the region.
Community service providers would receive training on how to identify legal issues; find accurate legal information online; use the dedicated website; when and how to make referrals to legal advocates and other services; and how to distribute and help workers to understand legal information materials.
To the greatest extent possible, legal advocates would be multilingual and provide services in migrant workers’ first language. The placement of multilingual law students to work with legal advocates through co-ops or other programs for course credit could also play an important role in increasing access to justice for migrant workers.
An increased supply of dedicated legal advocates and community service providers in regions of the province with high concentrations of migrant workers would address the issue of inadequate availability of pro bono legal information and services.
Data collected from the focus groups indicates a strong need for a network of trained service providers who understand the specific situation of migrant workers according to the regulations of the low-wage streams of the TFWP, and the unique ways in which immigration law intersects with their employment in the province.
Legal advocates, under the supervision of a Supervising Lawyer, would provide direct legal advocacy services in the areas of law that are identified as priority needs (immigration, employment, and housing) and not otherwise offered by other legal advocates in the region to avoid service duplication. Supervision by lawyers would ensure accountability for services provided.
Legal advocates would work in a coordinated way with community service providers, who are already working to provide assistance to migrant workers and whose capacity to conduct outreach and provide legal information and referrals to legal services is enhanced through training by lawyers, which can include lawyers who work for non-profit organizations, such as Migrant Workers Centre or Community Legal Assistance Society, or supervising lawyers in the region.
Community service providers would receive training on how to identify legal issues; find accurate legal information online; use the dedicated website; when and how to make referrals to legal advocates and other services; and how to distribute and help workers to understand legal information materials.
To the greatest extent possible, legal advocates would be multilingual and provide services in migrant workers’ first language. The placement of multilingual law students to work with legal advocates through co-ops or other programs for course credit could also play an important role in increasing access to justice for migrant workers.
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Recommendation 7:
In addressing Recommendation 6, recognize five key points from “Why Intangible Heritage Matters” (Nicholas 2014):
- Heritage protection and management remain focused on the tangible;
- However, no object or place has meaning without the intangible values ascribed;
- For Indigenous peoples, the tangible and intangible are often indivisible, which has substantial implications for heritage protection;
- A double standard exists regarding how Indigenous intangible heritage, including Traditional Knowledge, and Western Science are valued or treated.
- Efforts to decolonize heritage research and to implement such developments as the UNDRIP will continue to fail if intangible heritage is ignored.
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Recommendation 8:
Harmonize statutory and operational relations between provincial agencies such as the Archaeology and Heritage Branches of the Ministry of Forests, Lands, Natural Resources and Rural Development. This requires better communication and strengthened relations between provincial agencies dealing with ICH, including the Ministry of Indigenous Relations and Reconciliation as a key facilitator of relations.
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