Family law is a provincial responsibility, and in 2011, a new Family Law was passed in BC. It clarifies parental responsibilities, the division of assets if relationships break down, assessment criteria to be considered in cases of family violence, and encourages families to resolve their disputes out of court. These changes are documented in our June 2019, Family & Youth Matters Report. (See Sub-committee reports.)
http://www.bclaws.ca/civix/document/id/complete/statreg/11025_01
Members of VFCYJ Committee take an Oath to protect the identity of youth and work to maintain a safe space for these discussions. The protections in the Federal Youth Criminal Justice Act (YCJA) ban the identification of young persons – including in print, radio, television or through social media such as Facebook or YouTube.
https://www.justice.gc.ca/eng/cj-jp/yj-jj/tools-outils/sheets-feuillets/publi-publi.html
We have appointments from all 13 municipal governments in the Capital Regional District, the Capital Regional District Board, and 3 School Districts. We are assisted by representatives from all ministries who work with youth and families and liaise with youth serving agencies, including police, probation, and health to gain an understanding of the issues for youth and families, and to advocate for access to appropriate support services.
We educate the public and document issues we become aware of for senior governments relating to Family Law or Youth Justice including: Human Rights and The United Nation’s Convention on the Rights of the Child (UNCRC). As a result of the UNCRC and the collective efforts of Canadians advocating for better outcomes for young people (including a submission from VFCYJC), youth criminal laws in Canada underwent major changes in 2003 resulting in the Youth Criminal Justice Act (previously the Young Offenders Act).
We are concerned with the overrepresentation of Indigenous Youth in the Justice System and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) which enshrines the rights that “constitute the minimum standards for the survival, dignity and well-being of indigenous people.” In 2019, BC became the first province to table legislation supporting UNDRIP. Our Committee has included Reconciliation in our strategic plan to support Indigenous families who require Family Law support or are impacted by the YCJA. We try to find ways to reduce their overrepresentation.
We have a Court Watch subcommittee who have observed and documented Family Court processes, and the ‘machine- like process’ that gives families little time to prepare, understand or seek accommodation. Very few Indigenous systems of justice are available in the CRD but the Native Court in Duncan has been observed as have Native Court Workers who both can offer valuable services. We also get direct reports from Restorative Justice agencies and invite key resources including police, probation, and Ministries to inform the committee.
Our Committee was reviewed by the federal government in its 2003 ‘A National Survey of Youth Justice Committees in Canada’. Victoria Family Court and Youth Justice Committee is designated by the Attorney General of BC (one of only two committees so designated). All of Canada’s Acts and Regulations can be found on the Justice Canada Laws website.
Yours truly,
Cynthia Day
Fascinating read linked in the latest Restorative Justice Victoria newsletter, which you'll find in full here: mailchi.mp/baac4a53e7dd/community-newsletter-august-2021?e=2270c918e0
"Restorative justice is a modern interpretation of a very old idea: Its central principles resemble the conflict-resolution methods of Navajo and Maori people, among others. Its contemporary western form can be traced back to one spring night in 1974, when two teenage boys slashed tires and broke windows all through a Mennonite community in Ontario."
www.thecut.com
Would face-to-face meetings between a victim and an abuser — a form of restorative justice — help a society overwhelmed with toxic behavior?
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