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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 10:
Establish an expert panel of both academic and practice leaders in relational care to help shift assisted living from a philosophy of living at risk to a philosophy of relational care.
This panel’s work should begin with a report for the review process (above) on how to replace Managed Risk Agreements with Relational Care Agreements. Such agreements would acknowledge both the resident’s autonomy and the responsibility of assisted living operators to engage with residents and provide them with the support, education and social connections required to maintain and/or enhance their well-being and autonomy. The report would:
This panel’s work should begin with a report for the review process (above) on how to replace Managed Risk Agreements with Relational Care Agreements. Such agreements would acknowledge both the resident’s autonomy and the responsibility of assisted living operators to engage with residents and provide them with the support, education and social connections required to maintain and/or enhance their well-being and autonomy. The report would:
- Define and apply relational care principles to an assisted living environment;
- Outline a relational-care-planning process to be used with each resident when they enter an assisted living residence and a process for updating it at regular intervals;
- Describe the educational materials and quality-improvement processes needed to support a relational care framework and improve practice over time;
- Include strategies for ensuring that front-line staff and residents, and their family and friends, feel safe and respected in these processes; and
- Recommend how to facilitate the shift to relational care and processes for monitoring progress (i.e., through the inspection processes for assisted living residences).
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Recommendation 19:
Establish a special program to support scholarships and internships for Indigenous students and early-career professionals to conduct and present research on Indigenous cultural heritage related to B.C.’s heritage sites, programs and collections.
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Recommendation 1:
Establish a preliminary legislative foundation as soon as possible that brings transparency, coherence and a measure of accountability to the process, as part of a broader long-term approach to legislative change.
Foundational legislation developed in full co-operation with Indigenous peoples will provide a transparent, coherent and binding path to implementation.
Bill C-262 is a logical starting place for this legislation, as it provides a confirmation of legal application in BC; a legislated requirement for an orderly, clear and transparent process of implementation; and a recognition of the need for oversight and accountability frameworks.
Establishment of legislation should be reflective of a new approach to litigation regarding Indigenous Rights: collaboration, not conflict.
Foundational legislation developed in full co-operation with Indigenous peoples will provide a transparent, coherent and binding path to implementation.
Bill C-262 is a logical starting place for this legislation, as it provides a confirmation of legal application in BC; a legislated requirement for an orderly, clear and transparent process of implementation; and a recognition of the need for oversight and accountability frameworks.
Establishment of legislation should be reflective of a new approach to litigation regarding Indigenous Rights: collaboration, not conflict.
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Recommendation 1:
Enhance the capacity of the assisted living registry to enforce the Community and Assisted Living Act by substantially increasing the number of assisted living investigators, and by developing policies that build on the inspection provisions in the act.
These policies should:
These policies should:
- Mandate yearly inspections of all private-pay and publicly subsidized assisted living residences; and
- Mandate all publicly subsidized and private-pay assisted living residences to post clear and detailed information about how and where residents, families and staff can access the complaints process of the assisted living registry, including public reporting on compliance.
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Recommendation 5:
Eliminate any influence on Provincial policies and legislation of colonial doctrines including the Doctrine of Discovery and terra nullius in relation to Indigenous cultural heritage and more generally. This includes removing the 1846 distinction date for recognition and protection of archaeological sites, properties, and objects under the Heritage Conservation Act.
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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 4:
Develop a framework, action plan and timeline to fully implement the United Nations Declaration on the Rights of Indigenous Peoples and Bill C-41/Declaration on the Rights of Indigenous Peoples Act (DRIPA). UNDRIP recognizes the right of Indigenous Peoples to “maintain, control, protect and develop their cultural heritage.” The Province of B.C. has committed to implementing UNDRIP and DRIPA/Bill 41, and investment in this plan will align with that commitment by providing opportunities for Indigenous-led management of Indigenous cultural heritage. This framework and action plan must establish jurisdiction and statutory decision-making authority over Indigenous cultural heritage by Indigenous Peoples. For this to be successful, it will require decentralizing power and developing or activating mechanisms for extending authority within existing legislation to Indigenous Peoples. British Columbia’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.
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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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