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First Nations communities
Recommendation 84:
Universal public healthcare coverage to include supplements, prescriptions, counselling, dental, optical, mobility devices, adaptive equipment, and alternative treatments like acupuncture.
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Recommendation 129:
Train and hire more Indigenous social workers and ensure that all social workers are culturally-competent, committed to decolonizing practices, have better communication skills, and are educated about and sensitive to the intergenerational trauma of family separation.
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Recommendation 10:
This review of lost and missing children highlights cross-jurisdictional research that speaks to the critical importance of a child’s sense of belonging in the child welfare system. These findings are not new for RCY and recommendations to address belonging have been made in the Representative’s report Skye’s Legacy: A focus on belonging, but progress has yet to be made to implement this recommendation. Therefore, the Representative reiterates the recommendation from RCY’s 2021 Skye’s Legacy:
“MCFD to conduct a systemic needs analysis of cultural and family support resources required to ensure that social workers are better supported to promote a sense of belonging and identity for First Nations, Métis, Inuit and Urban Indigenous children and youth in care in relation to their families, culture and cultural community over time and at different stages in their lives and identity development. This review will inform the development of a longer-term resourcing and implementation plan. However, given the urgent need to address the significant over-involvement of the child welfare system in the lives of Indigenous children and families and poor outcomes for Indigenous children in the child welfare system, a substantive investment of new resources should be made immediately that can be considered a down payment on the resources identified for the longer term plan.”
Implementation of new resources was recommended by April 1, 2023, and is now overdue.
“MCFD to conduct a systemic needs analysis of cultural and family support resources required to ensure that social workers are better supported to promote a sense of belonging and identity for First Nations, Métis, Inuit and Urban Indigenous children and youth in care in relation to their families, culture and cultural community over time and at different stages in their lives and identity development. This review will inform the development of a longer-term resourcing and implementation plan. However, given the urgent need to address the significant over-involvement of the child welfare system in the lives of Indigenous children and families and poor outcomes for Indigenous children in the child welfare system, a substantive investment of new resources should be made immediately that can be considered a down payment on the resources identified for the longer term plan.”
Implementation of new resources was recommended by April 1, 2023, and is now overdue.
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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 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 118:
The provincial government must immediately review the care plans for all Indigenous children and youth currently in care and involve their Indigenous communities, especially extended family members and elders, in the care plan.
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Recommendation 103:
The provincial Residential Tenancy Act needs to be amended as follows:
- The Act must cover all housing, including residents of social housing, nonprofit SROs, supportive housing, and temporary modular housing. People living in supportive housing should not be subjected to restrictive rules that violate their basic tenancy rights.
- The Act must tie rent to the unit, not the tenant, so landlords cannot renovict tenants to increase rents. The Act must also tie landlord rights to increase rent with obligations to maintain property and to comply with orders made by the Residential Tenancy Branch.
- Extend the ‘right of first refusal’ to tenants to return at their renovated unit at the previously payable rent in order to prevent renovictions. Also extend right of first refusal to all tenants, not just those living in residential complexes of more than five units.
- When evicting a tenant on grounds that the landlord or a close family member intends to move in, require the landlord to file a statutory declaration indicating their relationship to the family member and that they intend to occupy the unit for at least six months.
- Extend the grace period for non-payment of rent to 20 days; eliminate the Direct Request Process for non-payment of rent; and allow arbitrators discretion to consider contextual factors and refuse an order of possession for failure to pay rent.
- Provide tenants the right to a warning before getting an eviction notice for cause and require automatic dispute resolution hearings for all evictions, where landlords initiate eviction proceedings by applying with the Residential Tenancy Branch in order to receive a registered eviction notice and schedule a mandatory hearing.
- Develop a property maintenance policy that outlines a breadth of health, safety, and security standards.
- Create more robust enforcement mechanisms at the Residential Tenancy Branch to stop fraudulent evictions and to ensure landlords are adhering to maintenance obligations; amend criteria and lower the threshold for accepting investigation requests; increase the deadlines and expand the grounds for Review Consideration; and introduce a wider breadth of penalties that are imposed more often.
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Recommendation 27:
MCFD must work with the Ministry of Public Safety & Solicitor General to develop a comprehensive strategy for parents that are incarcerated or on parole.
- The strategy must recognize that it is not always in the best interests of the child to remove a child from a parent or guardian that has had engagement with the criminal justice system.
- There must be supports to allow parents to have access with children in prison and while on parole. For example, the government should re-open the mother and baby unit in prisons.
- The policy should set out a strategy for expediting criminal checks so that no child’s placement is delayed because of a criminal record check.
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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 165:
The Federation of Law Societies of Canada, law schools in Canada, and the Canadian Judicial Council must provide mandatory training to all law students, lawyers, and judges on the legacy of residential schools, Canada’s obligations under the United Nations Declaration on the Rights of Indigenous Peoples, Indigenous legal traditions, Gladue principles, and the systemic failure of colonial legal systems to uphold justice for Indigenous people.
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