1659 search results
Recommendation 18:
An Indigenous Health and Wellness Centre in the DTES and Indigenous-run health programs that use Indigenous methods to address physical, mental, sexual, emotional, and spiritual harms. Also fund more mobile healthcare vans and community-based clinics, street nurses, and healthcare providers in the DTES.
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Recommendation 132:
An independent and external process for complaints, oversight, and accountability for MCFD neglect investigations, decisions to apprehend children, and for deaths of children and youth in government care.
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Recommendation 105:
An annual audit of all landlords and property managers to track refusal of housing and housing discrimination.
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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 3:
Amending the Police Act to expand the mandate of the Office of the Police Complaint Commissioner (OPCC) in order to:
- ensure that all police officers and forces operating in BC fall under the mandate of the OPCC;
- ensure that civilian investigators and civilian staff members are responsible for the entirety of the complaint resolution process; and
- allow the OPCC to audit police complaints each year, particularly where they involve discrimination based on race, gender, poverty, or health status, and publicly report on areas of concern for further investigation or reform.
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Recommendation 8:
Amend the SRA bylaw to define SRO hotel “conversion” to mean raising rents above welfare and pension level shelter rates. Include zero-eviction conditions in all renovation and building permits.
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Recommendation 15:
Amend the Public Prosecution Service of Canada Deskbook Part 3.18 sections 2 and 5 to:
- more clearly reflect the Criminal Code requirement that an accused be released unconditionally unless their detention or the imposition of conditions is justified; and
- take into consideration the potential harms of imposing certain conditions on certain individuals based on their social condition, race, ability status, housing status, and substance use. ii. take into consideration the potential harms of imposing certain conditions on certain individuals based on their social condition, race, ability status, housing status, and substance use.
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Recommendation 17:
Amend the Provincial Court of British Columbia, “Bail Orders Picklist”, May 1, 2017 and Provincial Court of British Columbia, “Probation Orders Picklist” May 1, 2017 to:
- remove “Drug Paraphernalia” conditions;
- restrict the use of “No Alcohol or Drugs” conditions in relation to people with addictions;
- remove “banishment” conditions entirely;
- ensure that all “red zone” conditions are imposed only where doing so is required to protect the safety of a victim, witness, or the public from violence or serious harm. In doing so, red zones must be tailored to the alleged offence and the circumstances of the individual. Under no circumstances are standardized red zones appropriate; and
- prohibit the imposition of behavioural or geographic conditions that would interfere with the ability to access health or social services, including harm reduction health services.
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Recommendation 14:
Amend the provincial Residential Tenancy Act to cover all housing and to strengthen tenants rights. Amend the provincial Human Rights Code and Residential Tenancy Act to make it illegal to discriminate on the basis of social condition including health status and drug use.
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Recommendation 106:
Amend the provincial Human Rights Code and Residential Tenancy Act to make it illegal to discriminate on the basis of social condition including health status and drug use.
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