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Recommendation 3:
Establish jurisdiction and statutory decision-making authority over ICH by Indigenous peoples. This requires decentralizing power and developing or activating mechanisms for extending authority to Indigenous peoples. Shared decision-making processes and relations should be established in support of Indigenous peoples’ management of their own cultural heritage. B.C.’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. Provincial legislation needs to be amended to include UNDRIP, as is being planned for currently by British Columbia and the First Nations Leadership Council via an Action Plan. ICH management should be included as a priority item in B.C.’s DRIPA action plan.
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Recommendation 5:
Establish and enhance relational versus transactional connections between governments based on Indigenous rights recognition, government-to-government and/or nation-to nation foundations of equality, and through development and implementation of shared decision-making processes addressing ICH. This requires displacing the current standards of engagement/consultation/accommodation based on unilateral government decision making and strength of claim assessments, and replacing them with new standards as set out in point 3 above.
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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 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 2:
Apply Call to Action 43 from the TRC as it pertains to each of the policies reviewed: 43. We call upon federal, provincial, territorial, and municipal governments to fully adopt and implement the United Nations Declaration on the Rights of Indigenous Peoples.
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Recommendation 1:
#ReturnOurAncestors! The Canadian Museum Association and its partner institutions must uphold its responsibilities to the Truth and Reconciliation Commission recommendations, and the promises they made to the AFN, to digitize and make private archives and holdings accessible for transparency. In no uncertain terms, museums must repatriate the bodies of Indigenous ancestors. There needs to be immediate expert and Indigenous-led audits of collections to assess what exists in collections; the primary goal being to find sensitive materials such as bodies, which museologists quietly know to exist within many of Canada’s major institutions.
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