Wednesday, November 19, 2008

Aboriginal Child Welfare: Reviews & Reports

Here's an important new report from the BC office of the Canadian Centre
for Policy Alternatives.

The Road to Aboriginal Authority Over Child and Family Services: Considerations for an Effective Transition

CCPA-BC is pleased to announce the release of a new report by Kelly A MacDonald, lawyer and expert in the area of Aboriginal family law. The report, entitled The Road to Aboriginal Authority Over Child and Family Services: Considerations for an Effective Transition, takes a look at the process of establishing Regional Aboriginal Authorities (RAAs). The process, begun in 2001, was part of a general move towards decentralization on the part of the BC government. The report examines the process to date, raises important questions and concerns, and makes recommendations for a more effective transition to Aboriginal authority. Download or order the report here.

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Executive Summary:
Report of the Gove Inquiry into Child Protection
in British Columbia


A Commission of Inquiry into the adequacy of the services, policies and
practices of the Ministry of Social Services as they relate to the
apparent neglect, abuse and death of Matthew John Vaudreuil.

The Honourable Judge Thomas J. Gove, Commissioner
November 1995.

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An Independent Review of BC's Child Protection System.
Ted Hughes. April 7 2006.

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Ministry of Children & Family Development:
Aboriginal Transformation Updates

MCFD staff, along with representatives from Aboriginal leadership and our many partners, have been working diligently to implement the initial phases of the ministry's transformation and a significant amount of progress has already been made in creating a solid foundation upon which we can build. In the coming months, there will be continued opportunities to participate and provide feedback at both provincial and regional levels.

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2007 Progress Report on the Implementation of the
Recommendations of the BC Children and Youth Review

Mary-Ellen Turpel-Lafond, Representative of Children & Youth.
November 26, 2007.

The first in a series of annual reports covering the actual, on-the-ground implementation of the 62 recommendations of the April 2006 BC Children and Youth Review (the "Hughes Review").

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Management of Aboriginal Child Protection Services: Ministry of Children and Family Development
Auditor General of BC.

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First Nations Director's Forum

Position Papers/Briefing Notes

Forum Questions Regionalization: Letter to Minister Tom Christensen
September 19th 2007

Position Paper on Regionalization Process September 19, 2007
News Release October 24, 2007 - Regionalization Process

FIRST NATIONS CHILD WELFARE SERVICE PROVIDERS
QUESTION MCFD’S REGIONALIZATION PROCESS


The Forum stresses that MCFD, having expended in excess of $10 million in planning for regional Aboriginal authorities since 2002, has neither a governance structure that better serves First Nations people nor a reduction in the number of First Nations children in care to show for their efforts. This commitment to regional Aboriginal authorities by MCFD, the Forum argues, is a single item agenda at the expense of other options that would better improve outcomes and better serve First Nations children, families and communities.

Since 2000, the Forum has submitted four different proposals for a First Nations Director for First Nations child and family services to the Ministry and made the pitch one more time. The Ministry has a responsibility to hear the concerns from First Nations and this is an opportunity to create meaningful change for First Nations child and family services.

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Ministry's Service Plan for 2008/09 to 2010/11

MCFD Resource Summary for 2008/09 to 2010/11

Goals, Objectives, Strategies and Performance Measures

Goal 1: To identify and strengthen, or develop, effective child, youth and family development services in B.C. within a strengths-based, developmental approach
Goal 2: To support Aboriginal peoples to achieve their vision and goals with regard to delivery of services to their children, youth, families and communities
Goal 3: To transform the Ministry of Children and Family Development as an organization, to support Goals 1 and 2

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Assembly of First Nations (BC Region)

First Nations Summit

First Nations Summit Media Release:
First Nations Respond to
Startling BC and Canada Auditor General Reports on Aboriginal
Child Protection Services


Metis Provincial Council of BC

Union of BC Indian Chiefs

United Native Nations Society

Media

Redwire Native Youth Media

Extraordinary Links

Turtle Island Native Network

Friday, October 10, 2008

Happy Mental Health Day: A Movement for Global Mental Health

A Movement for Global Mental Health is launched

This week sees the launch of an international scientific and social movement
on global mental health. This initiative signals the work of a remarkable team
of multidisciplinary health professionals, many of whom led The Lancet's
Series on global mental health
a year ago. A summary of progress in global mental health since this series is reported in today's issue.

To coincide with World Mental Health Day on Oct 10, World Health Organization (WHO) launched its own new mental-health strategy, the Mental Health Gap Action Programme (mhGAP), which draws heavily on the work published last year.

Mental health has long been marginal to global health initiatives. To take one explicit example: mental health is not recognised in the Millennium Development Goals. But as The Lancet's Series pointed out, there can be no health without mental health. Around 14% of the global burden of disease is attributable to neuropsychiatric conditions-including depression, alcohol-use and substance-use disorders, and psychoses. Indeed, the burden of mental ill-health is likely to have been underestimated because the connection with other health conditions is often ignored. Worse still, the availability, accessibility, and quality of health services is poor and inequitable.

The authors of The Lancet's Series-led by Vikram Patel, Martin Prince, and Shekhar Saxena-argued that mental-health awareness should be fully integrated into all aspects of health and social policy making.

The Movement for Global Mental Health includes users, providers, scientists, institutions, civil society, and policy makers. The Movement is truly global and inclusive. Its website already shows the broad diversity of partners who have signed up to the Movement's call to action.

The next phase of the Movement is to scale up and widen the range of science being undertaken, develop advocacy efforts, attract more funding, and influence policy makers. A report card on progress will be given at a global mental-health summit to take place in Athens at the World Forum on Mental Health on Sept 2, 2009.

The Lancet will devote an issue to global mental-health monitoring and evaluation, including research and policy making, for the September summit next year. Mental health has at last come of age on the global health-and global political-agenda. Now is the moment to take full advantage of this unprecedented opportunity.

In a Viewpoint, Vikram Patel and colleagues outline progress since The 2007 mental health series, and look ahead to the world's first global summit taking place in Athens in September 2009. Sign up to read the article here.

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News release from the Child Welfare League of Canada, a membership-based national organization dedicated to promoting the well-being and protection of vulnerable young people. CWLC plays a significant role in promoting best practices among those in the field of child welfare, child and youth mental health, child rights and youth justice.

Wednesday, October 8, 2008

Happy Mental Health Week: Information, Resources & Media

Canadian Association of Social Work (CASW)

Canadian Association of Social Workers As a federation of nine provincial and one territorial social work organizations, the Canadian Association of Social Workers (CASW) provides a national leadership role in strengthening and advancing the social work profession in Canada.

383 Parkdale Avenue, Suite 402
Ottawa (Ontario) K1Y 4R4

Tel.: (613) 729-6668
Fax. : (613) 729-9608
E-mail : casw@casw-acts.ca

For Immediate Release

October 8, 2008

Mental Illness: Much More to Do

In acknowledgement of both Mental Illness Awareness Week (October 5-11, 2008) and World Mental Health Day (October 10, 2008), the Canadian Association of Social Workers (CASW) applauds the efforts of advocacy organizations, supports the work of the Mental Health Commission of Canada, and calls upon the federal government for adequate financial investment in the mental health of people living in Canada.

Mental illness affects more than six million – or one in five – people in Canada. Despite its prevalence, there continue to be huge gaps in the funding necessary to treat and support people living with mental illness.

Mental illness is not given the priority that it has to have in the health system. “Given the prevalence of mental illness and its known impact on individuals, families, and communities, this discrepancy in funding is of grave concern to CASW and social workers across Canada,” states CASW President Veronica Marsman.

Social workers, based on their knowledge and experience, understand that effectively supporting people with mental illness and promoting good mental health go beyond treatment and medication. Social determinants of health, such as adequate income, adequate and supportive housing, and opportunity for meaningful, paid employment must also be met. According to social workers in the field, these needs are even more pressing as there is a continued movement of people with mental illness from institutions to communities, and some have little support beyond emergency shelters and food programs.

Of further concern is the continued stigma and discrimination, which persist even among health-care providers, faced by people suffering from mental illness.

CASW is encouraged by the expectation that the agenda of the Mental Health Commission of Canada will include, as part of Canada’s first national mental health strategy, strategies to change public attitudes, support people living with mental illness, and recognize the value of multidisciplinary teams. However, an effective strategy is contingent on adequate funding by all levels of government. CASW encourages those in power and those currently campaigning for leadership in this country to continue to commit to this investment in the mental health of Canadians.

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Anxiety Disorders of British Columbia - Information & resources for adults, parents, children & youth.

B.C. Association for Marriage & Family Therapy (BCAMFT)

BC Association of Social Workers (BCASW)

BC Association of Clinical Counsellors

B.C. Psychological Association

BCPA - Professional Development & Training Events

Canadian Alliance on Mental Illness and Mental Health (CAMIMH)
Canadian Mental Health Association (CMHA)

CMHA - BC division

CounsellingBC.com

Mood Disorders Association of British Columbia

National Network for Mental Health (NNMH)

Post-traumatic Stress Disorder (PTSD) program @ UBC.

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Mental Health Meter

Work/Life Balance Quiz

Children's Mental Health

STRESS SELF-TEST RESOURCES & EXPERTS

Saturday, September 27, 2008

Parenting Education Teleconferences

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Child Welfare League of Canada (CWLC)
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2008 Teleconference Series
Child Discipline.... Steps to Success
and
Supporting Parent Educators

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CWLC is presenting two speakers in October in the 2008 teleconference series.

On Wednesday, October 8 at 1 PM EST, Kathy Lynn, BA. CCFE will
be discussing Child Discipline.... Steps to Success.

On Wednesday, October 29 at 1 PM EST, Bev Digout, BSc., BSW will be discussing Supporting Parent Educators.

Child Discipline... Steps to Success
"If we can't spank our kids what can we do?"
When parents ask this
question, what is our answer? This presentation will cover the basics of child
discipline and the differences between discipline and punishment. Child
discipline helps children learn the rules, experience the consequences of their
behaviours (negative and positive) and develop an understanding of the
cision-making process. This presentation will give you an overview of a
discipline plan which will help you answer your client's parenting questions.

Kathy Lynn, BA. CCFE is Canada's leading speaker on parenting issues and
a bestselling author of two parenting books. Kathy's career includes stints
as a child protectionworker and director of a family services agency. She also
serves on the Repeal 43 Committee, which is seeking repeal of the law that
permits parents and teachers to strike children.

Supporting Parent Educators

Parent education is an important component to the healthy development of
children and families. Equally as important to this process is the support given
to parent educators. People providing family support and parent education
come from a variety of backgrounds. Defining 'who parent educators are' and
'what parent education is' are questions that require answers to effectively
provide support, training and enhanced recognition of the important role
parent education plays in the lives of families.

Bev Digout, BSc., BSW has worked in the areas of child protection, early
childhood and parent education for over 20 years as a social worker. Bev is
currently the coordinator of Parenting Education Saskatchewan, a project
of Family Service Saskatchewan that supports parent educators within the
province of Saskatchewan.

To participate, please send an email to Gaetane Gauvreau at: gaetane@cwlc.ca

This is a free service to CWLC members but non-member
organizations and individuals are welcome to participate for
a nominal fee of $60.

There will be a penalty charge for lines that are booked but
not used; to avoid this fee of $60, you MUST cancel your
reservation by 11 AM EASTERN time on October 8 or October 29.
This fee applies to CWLC members and non-members alike.
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Child Welfare League of Canada (CWLC)

CWLC is a membership-based national organization dedicated
to promoting the protection and well-being of vulnerable
young people. CWLC plays a significant role in promoting best
practices among those in the field of child welfare, child
and youth mental health, child rights and youth justice.
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Tuesday, September 23, 2008

News & Events

This one's going to be a doozy of a case, definitely one to watch.

Ex-soldier sues Canadian Forces for $1.5M
Canwest News Service
Published: Tuesday, September 23, 2008

QUEBEC - A Quebec woman who spent 25 years in the Canadian military is suing her former employer for $1.5 million, arguing she suffered years of sexual harassment and discrimination.
In a lawsuit filed in Quebec Superior Court, Lise Gauthier claims that being a lesbian made her a target. She said she was sexually assaulted in 1982 and 1983 shortly after she joined the Forces in Trenton, Ont. She argues that the Canadian military considered her homosexuality as a "sexual abnormality".

Gauthier charges that she was repeatedly harassed in Trenton. She was transferred to Bagotville, north of Quebec City in the Saguenay area, in 1994.

The plaintiff claims that she was "psychologically and sexually harassed" in Bagotville, too, and that when she complained to her superiors, one of the men she accused ended up being promoted.

Gauthier, who now lives in Sherbrooke, Que., alleges the harassment intensified after she filed a complaint and that she was denied promotions "out of revenge." She became a master corporal in 1994 and never changed rank.

"They (her superiors) did everything in their power to make her pay for her betrayal of the esprit de corps (spirit of comradeship)," the lawsuit reads.

Gauthier is seeking $1.5 million in compensation for being ousted of the Forces early in 2007, for being denied promotions and for moral and punitive damages.

A statement of defence has not been filed.

© Canwest News Service 2008

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Local Events

Event: In Conversation with Kim Campbell, Canada's first (and so far only, Prime Minister)

Date & Time: Sep 26, 2008 04:30 PM - Sep 26, 2008 06:00 PM

Location: Victoria Learning TheatreIrving K. Barber Learning Centre, UBC Point Grey Campus - 1961 East Mall, Vancouver, BC, Canada, V6T1Z1 Get Driving Directions

Event Coordinator: Samantha Diamond - samantha.diamond@ubc.ca, 604.822.9977

The event is free but you have to pre-register by contacting Ms. Diamond ASAP.

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Canwest: Media Bully

When: Friday, September 26 2008 – 7:30pm

Location: Rhizome Café - 317 E. Broadway, Vancouver

What: Canwest: Media Bully

Mordecai Briemberg, Carel Moiswiwitsch and Gordon Murray, activists being sued by Canwest for conspiracy to produce and distribute a Vancouver Sun parody, will discuss the import implications of their court case for free speech, media chill, and political satire when Strategic Lawsuits Against Public Participation (SLAPP) are used by the dominant media corporation in Canada.
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Community Public Service Announcement (PSA)

SCRAP
A Political Fashion Show to Stop Violence Against Filipino Women

semi-formal gala event

October 26
7 to 9 pm
Centre A - Vancouver International Centre for Contemporary Asian Art
2 W. Hastings

Tickets $25 regular / $50 VIP
Contact Niki at the Kalayaan Centre 604-215-1103

With the growing number of Filipinos entering Canada daily, most of whom come under the Live-in Caregiver Program (LCP), PWC has been able to document and advocate for the many victims of various forms of violence. Using fashion as a tool, members of the Filipino community aim to empower these women by sharing and educating the community about their stories.

Tuesday, June 3, 2008

Technology, Innovation & Freedom of Speech

Here’s some odds and sods:

I’ve been working on my webpage, catalystbc.ca

I’m doing it myself and believe me, it’s been frustrating (so don’t mind the bugs still). But I consider it a personal challenge to DIY. I’ve made several web pages through the years, generally just using easy editors, like Geocities or Netscape Composer. There is something exciting and innovative to me to be able to design, envision and create a page that tells the world who I am (a little anyways) and what Catalyst Enterprises BC has to offer.

It’s interesting for me to reflect on how technology took root in my life. I started out completely out to lunch in high school. I’m not ashamed to say I used my feminine charm and friendliness to get some smart fellow student to help me get up to speed. I remember making some sort of program that had a snowman appear, with falling snow. How impressive, eh? Hahaha. Oh heavens, when you think of the ways young people use technology today it’s just laughable.
Next on my technology path I got into local bulletin boards. All of a sudden, this whole network of people were connected around the Lower Mainland. Geek that I am, I pretty much just played an online trivia game. It was fun though, I got to use my brain, create an online alias (Avalon). It also was my first and last taste of online dating too. ;-}

Later as I embarked on my academic career again (university) I upgraded when the Internet exploded and I guess I’ve been a global citizen since. I’ve taught myself pretty much everything on my own, a lot of hours in front of the box learning basic programming, design and a whole bunch of stuff. I’ve completed my education online, and been part of cutting edge innovation and transformation of online programming and culture.

For an information, media & current affairs aficionado, the Internet is an essential thing for me now. It’s just staggering to think that in such a short span of time really, computers have been so fully ensconced in our daily lives, as common as a telephone and cell phone. It is my way of communicating with many, through e-mail, participatory media, blogs, my web page and it’s now part of my business.

Here’s an interesting human rights case being heard by the BC Human Rights Tribunal about a story that appeared in MacLean’s in October 2006: “The future belongs to Islam.” The complainants argue that Mark Steyn, in his story in MacLeans was is in violation of Section 7(1) of the BC Human Rights Code, which states:

Discriminatory publication
7.(1) A person must not publish, issue or display, or cause to be published, issued or displayed, any statement, publication, notice, sign, symbol, emblem or other representation that

(a) indicates discrimination or an intention to discriminate against a person or a group or class of persons, or

(b) is likely to expose a person or a group or class of persons to hatred or contempt because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or that group or class of persons.

(2) Subsection (1) does not apply to a private communication, a communication intended to be private or a communication related to an activity otherwise permitted by this Code.

Lawyers for Maclean's will argue that publication of the article is part of free speech and open debate, that this isn’t a case of inciting hatred or contempt for anyone.

I always love a good free speech and human rights test of wills. I think this kind of thing reminds me that Canada still takes an interest in a modern discourse about community standards and values, about the power of the media to inform, to bring opinions and perspectives that may be offensive to others within a framework of free speech that is expressed in the Charter of Rights and Freedoms that makes Canada still a leader in setting out our rights of citizenship, no matter that those are changed over time. The beauty of the law is that it is ever evolving and new cases come along that change where the bar is set, and how we understand our rights and citizenship and expectations of others.

And, on the themes of technology and innovation, Andrew Coyne, editor of MacLean’s is live blogging from the Tribunal. I see in Day 2 Mr. Coyne has already discovered that the BCHRT is an interesting “quasi-judicial” forum, which sometimes pretty much makes things up as they go. This is something that Labourwatch wrote an interesting article, Rebel Workers, about the messy attempt to unionize the foreign workers brought over to help drill the new skytrain line, which ended up at the Labour Relations Board and the BCHRT over the certification. Coyne’s reporting promises to be an informative and public examination of the Tribunal process and decision-making.
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B.C. tribunal hears complaint against Maclean's article
CBC News. Monday, June 2, 2008

CANADIAN CHARTER OF RIGHTS & FREEDOMS

FUNDAMENTAL FREEDOMS.

2. Everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.

Summary of the Human Rights Complaint against Steyn and MacLean’s’ at http://www.newswire.ca/en/releases/archive/December2007/04/c7400.html

Saturday, May 3, 2008

Custody, Guardianship & Access of Minor Children in BC

This week there have been some media stories about little Annabella Villeneuve who was allegedly abducted by her mother, Josee Villeneuve and taken to Quebec against a court order spelling out sole custody to the father, Andrew Wong. I think this is an interesting case in that it presents an opportunity to discuss some of the issues around custody and access of minor children. I find generally, most parents and others have little under-standing of the legal issues involved and then they have a sharp learning curve, sometimes at one of the worst time of their lives.

In BC, all issues of marriage, common-law relationships, divorce, custody and access of minor children are covered under the Family Relations Act (1996). The legislation defines relationships, procedures and processes clearly.

It would appear that many people are unaware that upon the break up of a common-law relationship, or marriage, that unless one party applies for custody and guardianship of any minor children created during the union, that the parent retaining day-to-day care is only in what’s called a “de facto” guardianship relationship to the child. See below for Section 27 - Parental Guardianship.

Either parent can apply to the BC Provincial Family court for an application for custody, guardianship, spousal or child maintenance, or access to the child. They must serve the other parent, or make reasonable efforts to do so. This is known as making a Notice of Proceeding. If the other parent’s location is unknown, the parent can apply to the court to make substitutional service, where they can place an ad in a newspaper, serve someone who may know the other parent, or other means. The courts take service of the non-custodial parent seriously and efforts must be made and demonstrated to the court.

Upon being served the application, the other parent has an opportunity to respond and make their own applications, which they must serve notice of the other party. If either parent, or both, cannot afford lawyers, Family Justice Counsellours are available through the Attorney General to support and advise parents on the process, appropriate documents and applications to make to family court. They do not represent parties in court, but they provide advice and support. There are Family Justice Centres around the province where parents and other family members can receive services.

I mention other family members, because it is quite often the case that other family members make applications for custody and guardianship of minor children and they too must make applications under the Family Relations Act to do so. Currently, there is an interesting action research project being undertaken on:

Grandparents Raising Grandchildren Legal Research Project through
Parent Support Services Society of BC. The project has an online survey for grandparents to fill out to help “clarify and prioritize common legal themes and challenges grandparents face as primary caregivers.”

In many jurisdictions in BC, parents who have separated are required to participate in the program Parenting After Separation: For Your Child's Future.

At the initial court date, both parties appear before a judge and have an opportunity to speak to the application. Sometimes one party may ask for an adjournment, so they have an opportunity to seek legal counsel, or advice from a Family Justice counsellour. The judge may agree and adjourn to another date. Or, upon hearing from both parties, the judge may make an interim order under Section 9 of the FRA. Most likely, the judge will refer the matter to a case conference, which is an important process whereby parents can meet with a judge to attempt to resolve the issues prior to going to a hearing. Case conferences are mandated under the FRA. They take place in smaller rooms, not a courtroom and are less formal than being in court. Discussions can take place that may mediate an agreement between the parents. This is a less adversarial process in most situations. Parties can also make a Consent Agreement to any applications, thus again, it is less adversarial and the parties agree to the orders being sought.

Notwithstanding many people may have differing opinions about whether the best interests of the child are always served, that is the presumption in family court. That above all else, the child’s best interests are placed at the centre and all decisions flow out of that. See below:
Section 24 – Best Interests of Child are paramount.

I have extensive experience in family court, both in child protection and custody, guardianship and access matters. It has always been my experience and observations that presiding judges provide each parent, or other parties, with the same opportunities to provide the court with information that will help determine the most appopriate custody, guardianship and access arrangement for each child. I’m sure many parents would beg to differ with me, but it has been my experience that judge’s make strong efforts to hear both sides with an unbiased and neutral interest in making the child’s best interests the primary determination for justification of orders that are made in these cases.

In the case mentioned to start this entry, both parents had a right and opportunity, likely over an extensive period of time, to provide the court with information that would be important in deciding the issue of custody and guardianship of the child. The presumption in family court is that joint custody and guardianship is almost always the best and most fair adjudication, with two parents both having rights and the child being best served by having ongoing relationships with both parents. Truthfully, in my experience, I have witnessed that there is still a bias in the courts that generally, mothers are presumed to the be the automatic best choice as parent.

However, in this situation, the court awarded sole custody & guardianship to the father, with access to the mother, so there must have been quite important information that informed the judge’s decision-making in regard to the child’s best interests being best served by being in the sole care and custody of the father. The mother in this situation, Ms. Villenueve, however well intentioned and loving of her child, is alleged to have taken the child out of the province, in violation of a court order. If the allegations are proven true, which is fairly certain, since she and the child were apprehended by police in Quebec, then her choices and decisions to carry out a deliberate violation of a court order really are indicative of some challenges, or problems with her judgment and respect for the courts decisions. And, since this appears to be the second time she is alleged to have breached the access agreement, again trying to take the child out of province, while not being the parent entitled to do so, this speaks to some serious issues of judgment on the mother’s side. There appears to have been a fair amount of preparation and deliberation on Ms. Villenueve’s part to enact her plans to separate the child from her lawful parent. She didn’t just hop a bus to a friends place in the next city. She bought a plane ticket to go across the country, boarded the plane with the child, knowing this was a violation of a court order, touched down there and made arrangements for providing shelter for her and the child. That is very, very serious, as any parent who has had access visits turn awry will attest.

Ultimately, Ms. Villenueve’s choices and behaviour will have some sort of serious consequence for her and the child. To start, police indicate she will be charged with child abduction, Section 280 (1), a very serious Criminal Code Violation. I suspect if she does not lose the right to access altogether, her access will be very restricted and certainly supervised. I hope she views this as an opportunity to perhaps seek some additional support for her own wellbeing, as I’m sure she is significantly distraught and grieving over the entire set of circumstances. I wish the best for everyone involved, most of all, that little darling, Annabella.
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Parental guardianship
27 (1) Subject to section 28, whether or not married to each other and for so long as they live together, the mother and father of a child are joint guardians unless a tribunal of competent jurisdiction otherwise orders.
(2) Subject to subsection (4), section 28 and section 30, if the father and mother of a child are or have been married to each other and are living separate and apart,
(a) they are joint guardians of the estate of the child, and
(b) the one of them who usually has care and control of the child is sole guardian of the person of the child unless a tribunal of competent jurisdiction otherwise orders.

Best interests of child are paramount
24 (1) When making, varying or rescinding an order under this Part, a court must give paramount consideration to the best interests of the child and, in assessing those interests, must consider the following factors and give emphasis to each factor according to the child's needs and circumstances:
(a) the health and emotional well being of the child including any special needs for care and treatment;
(b) if appropriate, the views of the child;
(c) the love, affection and similar ties that exist between the child and other persons;
(d) education and training for the child;
(e) the capacity of each person to whom guardianship, custody or access rights and duties may be granted to exercise those rights and duties adequately.
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Attorney General of BC - Family Justice

BC Family Law Links - Legal Services Society (aka Legal Aid)

Wednesday, April 30, 2008

Labour News: Firefighters vs. City of Vancouver

Firefighter contract dispute going to arbitration

Vancouver/CKNW(AM980) 4/29/2008

The head of the Vancouver firefighters union says the city is taking their contract dispute to arbitration - something Rod MacDonald says could cost taxpayers upwards of one-million dollars because there are 20 to 30 outstanding issues.

MacDonald says the city is offering a wage hike of 13% over 5 years, which is 4-and-a-half per-cent below the Cupe settlement last summer. The city's 800 firefighters have been without a contract for over a year.

On another subject, MacDonald says fire engines are still using their sirens in yaletown - contrary to the silence the mayor wanted several months ago. "I don't want this day to turn into another debate on something as silly as the sirens and the use of it. But there's no explicit directives come down from the fire chief himself and the status quo remains."

For a Good Cause:

2008 Greater Vancouver Hall of Flame Charity Calendar
The Greater Vancouver Fire Fighters featured in this years calendar appear at various fundraisers all with the purpose to promote the calendar in support of the Burn Fund and various other charities including the CKNW Orphan's Fund.

Tuesday, April 29, 2008

Domestic Violence in BC

I’ve been thinking a lot about domestic violence lately. Both because of the different media reports and also my own experiences, as a professional and individual.

As a woman, I’ve had my share of friends, loved ones and even myself experience domestic discord, control and violence. It really can happen to anyone, no matter your race, education, socio-economic relationship. I truly believe we are not invulnerable and are one bad relationship away from a nightmare of abuse by a partner.

In one situation I know of, after many instances of verbal abuse, if you can believe it, the male aggressor calls the police. They attend the home. He is considered the victim, the complainant. After speaking with the male for ten minutes, hearing who knows what and barely speaking to the female for less than five minutes, the attending officers clear the call and while the woman is crying and asking for help, the officers leave the home, without taking the time to ask her if she needs help, or assessing the situation properly. If they had simply asked a couple of questions, they would have found out that in fact just before they arrived, the male had dragged her by her clothing, was threatening to hit her and had pushed her, an escalation in verbal abuse, leading to physical aggression, leading to assault. Why didn’t the woman report these things immediately? She was in shock and the attitude and demeanor of the attending officers was dismissive, and perhaps abusive towards her. In fact they told her that the male was the complainant and since they had his story and he was okay, they were done. After the police left, the woman reports the man tells her later in the day he will kill her if he remains in the home. And he spends the next while continuing to threaten her, escalating towards her and psychologically abusing her by intimidating her and telling her often “see, I told you I had rights.”

Those police officers failed that woman and they put her at-risk. As well as the child, who was home and exposed to this violence and aggression. The woman is forced to live with the man, as he continues to escalate towards her. There is nowhere to go. She has learned that the police will not protect her, or even listen to her. There are few shelters, some places have none. It isn’t even his home, but he won’t leave. So she is trapped in a situation where he could quite possibly kill her. And there is no help, beyond her small efforts to resist and create safety plans for herself and the child.

There are so many issues that come up, things are rarely cut and dried. I think one of the biggest that I see is the lack of training of police, lawyers and the Crown in matters of domestic violence, mental health, and violence risk assessment.

Like many frontline professionals, their workload is so high. Some may see this as a cop out, but as a professional on the frontlines, I have observed and experienced the cost of a high workload. What often happens is workers, who already have to numb and detach to see the horrors they see daily, begin to miss even glaring instances of dysfunctional and dangerous situations. It all just blurs into “one more call” to be cleared. One more report to be signed off. Because the reports and calls come quicker than anyone can possibly handle. With inadequate staffing and training, with a lack of experience, overwork and lack of proper supervision frontline staff make mistakes, make poor clinical judgments and decisions. And sometimes, this leads to a loss of life. The reports and statistics are there. Whether that is in reports from the Representative of Children & Youth, or murders of children by parents, murder-suicides. There is no need for any more government funds, or any others to be spent on reports, studies, or analysis. It is time to act and provide meaningful intervention, services and supports to families impacted by violence.

Domestic violence is not a racialized issue. Violence against women and children happens in every ethno-cultural community. The shame, betrayal and fear are universal for all victims and silence is reinforced by systemic failure to help victims. This is a gendered issue. I remember feeling shocked and horrified when listening to the Women’s committee at a very large labour gathering discuss the issue of domestic violence without every explicitly stating that it was violence by men towards women that was occurring. I actually felt betrayed and saw how structurally significant this was. That right there in the house of labour, supposedly a more equitable place where social justice was worked on, in solidarity, that these powerful woman leaders were placating and avoiding naming the violence and the perpetrators of the violence, as it is certainly uncomfortable to do so. I felt that those women betrayed every woman in that convention centre and all of the women around the world who are hurt, maimed and sometimes murdered by men, often those closest to them. Because, that silence allows it to continue. The lack of self-awareness and self-reflection of men, individually and amongst themselves allows violence towards women and children to propagate and be ever more reinforced. Men are the biggest part of the solution and we need men to stand up and say to each other they will not tolerate abuse, or violence towards women and children.

It would be easy to write this off as a man-bashing piece. It isn’t though. To the extent of the violence we see towards women, many of us can see and acknowledge the deep pain, anguish and suffering of men. Most of the time, that pain goes back to their childhood, where they were often unwitting and powerless witnessed to domestic violence in their own families. Many men are in desperate need of therapy, to feel understood, wanted, loved and protected themselves. Our yearnings as human beings are universal. Most of the time those yearnings are at the heart of these terrible acts of violence. Often part of the pattern in spousal murderers of the desperate need women have to leave their abusive partners, before they lose their lives. And as this leaving takes place, incrementally, these men become more and more mentally ill, driven by an unconscious, deep feeling of betrayal, fear and desperation not the be rejected and abandoned by their wives, often their only significant relationship in the world. Some men are narcissists, believing their children to be mere parts of themselves, under their control. Without the promise of the continuing “devotion” and attention of female partners and children, they may be driven to ever more extreme attempts to control their relationships and their environments. A very few might have psychotic disorders, or be psychopathic. Most, really are men driven to the extremes of their own pain and fear at loss of family connections and a lack of knowledge of where to get help and the deep shame of being unwell and requiring help. Many men are socialized to feel shame at their own feelings from childhood. Many learn to stuff it all down and mask it, alcohol, drugs, violence towards other, numbing, detachment from relationships.
It comes out eventually, as family members know.

Another issue that occurs for me is a complete lack of accountability for decision-making on the part of police officers attending domestic violence calls, as well as decisions to release abusers by the courts, or for the province for that matter. The inquest in Victoria is a brilliant example of that. Or the murder of the three children in Merritt. In both of those cases the police advocated for the abusers to be kept in jail. They both should have been and psychiatric assessments with complete violence risk assessments completed. If that was done, it is quite possible their children might be alive today. When women tell police, or the courts that they fear for their lives and don’t know how to keep themselves safe, perhaps the authorities might consider listening to that. Especially since most women experience years of escalating abuse before they come into contact with the authorities. And, often, as in the two cases I’ve referred to above, both abusers had previous, or current history of aggressive, or violent behaviour towards their spouses, or others. I think it may be time that some accountability is built into the criminal justice system. It is time for decision makers to be put on the stand to explain why they made decisions to release abusers. These aren’t just random acts of violence, or tragedy. Many of these incidents are preventable, that is if there is a public will to prevent them. Maybe victims, or their children, should start filing civil suits for negligence. All of these systems (police, courts) have a well-established duty of care, a solid principle in civil society and the courts. Sadly, it seems only when mistakes, errors and negligence have the potential to cost the authorities a lot of money do the “powers that be” make any significant changes. Just before the Honourable Wally Oppal became the Attorney General in 2005, at a First Call community advocacy meeting, I presented him with a verbal and written submission of changes and improvements I thought were necessary within the youth and adult criminal justice system. One of the most important I specified were increasing the funding to therapeutic services for male abusers. I was there speaking as a person who had been working in the child welfare system and in the community for over two decades by then, in various capacities. I was also speaking as a woman and as a citizen.

How to Improve & Change

It all starts with accountability, with structurally building equality into systems. It starts with creating and implementing public policies that enable families to obtain timely and meaningful intervention. Programs and shelters for women and children to leave family violence. Income assistance with no run around, so women are not financially at the mercy of their partners, which is so often the case. With police and court systems placing the highest priority on safety and protection from abusers. Training and professional development of police officers, Crown prosecutors, lawyers and judges. No tolerance for domestic violence from the police, from the courts. Lock abusers up, keep them in general population. There is something to be said for the natural justice of the treatment abusers experience in jail. Sounds primitive and lacking in compassion? I guarantee you the natural consequences of abuse and violence against abusers by other criminals will act as a deterent as it appeals to the deep self-interest and egocentric nature of many abusers. Abusers should receive much stronger and longer sentences, with mandatory violent offender treatment in prison. No mickey mouse programs, serious treatment, with evidence of progress and a shift towards understanding one’s behaviour, being accountable, or you do not get out. Restorative justice programs, where abusers and victims have an opportunity to be heard and take responsibility for behaviour.

Individual and group therapy for male abusers, in the community, especially early intervention services, prior to a serious escalation. Family therapy that is widely available and accessible to families from diverse socio-economic levels. Many victims of domestic violence truly do love their partners, but they fear for their lives and cannot tolerate abuse any longer. If meaningful family therapy was offered, many families would be able to receive the intervention and support they require to either safely reunite, or can separate in a less abusive way.

As a social worker, I have personally witnessed the amazing and humbling transformation of previous abusers so that families can remain intact after acts of abuse and violence. It really can change a person and a family to have an abuser understand their own pain, trauma, and abuse and consciously give up violence and control to join and connect in a more loving, caring and deep way with family members. These are just a few ideas, but they offer a start. I’m sure those working in this area of practice can offer much more than I can. I hope that we can all take a step forward and learn from mistakes, errors and tragedies of the past to create a better future for all families and create a much more civil society where we can all be safe and protected.

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Call for new law to protect kids: Call it 'Cordon's Law' after youngest Merritt victim, lawyers suggests
By Neal HallVancouver Sun, April 18, 2008.

Keeping Women Safe: Eight Critical Components of an Effective Justice Response to Domestic Violence

New Recommendations Could Save Lives of Domestic Violence Victims
BC Association of Specialized Victim Assistance and Counselling Services
Date: April16, 2008.

In any community, the critical components of a framework for an effective, specialized response to domestic violence must include effective, inclusive approaches to:

1. Managing risk and victim safety – including a comprehensive, coordinated approach to risk and safety assessment and victim safety planning

2. Offender accountability – including appropriate and consistent sentencing, consistent enforcement of protection orders, and accessible treatment for abusers

3. Specialized victim support – including comprehensive, proactive, and timely support with outreach and access for marginalized groups

4. Information-sharing – including consistent, timely information-sharing between agencies and with the victim, with particular emphasis on high-risk cases

5. Coordination – including coordination and collaboration at all levels among all relevant sectors, senior level leadership, and resources to adequately support a coordinated approach

6. Domestic violence policy – including adherence to a comprehensive justice system policy that applies to all justice system components and requires a consistent andinformed approach to charging, prosecution, and offender accountability

7. Use of specialized expertise – including specialized approaches such as dedicated justice system personnel and dedicated court time, adequately funded specializedtraining, and if they are considered an option, a carefully considered and principled approach to domestic violence courts.

8. Monitoring and evaluation – including monitoring and evaluation as an integral part of all the foregoing critical components and a systematic, comprehensiveapproach to collection, analysis, and publication of statistics across all justice system components.

http://www.endingviolence.org/files/uploads/NewsReleaseKeepingWomenSafe.pdf

BC Association of Specialized Victim Assistance and Counselling Programs (BCASVACP)

Thursday, April 24, 2008

Rating Employers & Corporate Media Relations

Here are a couple of helpful links:

Rate My Employer Canada - As it states, individuals can go on and anonymously rate their employer and organization. There are a number of categories and they are rated by stars:

Business model, vision and strategy
Management's skills
Values and corporate culture
Internal communication
Feedback
Recognition
Pride
Engagement
Work space (layout)
Atmosphere
Recruitment, development, retention
Tasks and responsibilities
Teamwork and cooperation
Organization of work
Compensation and benefits
Schedule, work load and holidays
Stress
Work/family life balance
Advancement
Recommendable

This is like the popular "Rate my MD" which allows you to comment on a physician. It's very interesting to read some of the comments and see how every person can have quite a diverse experience with a doctor, or employer.

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6 Ways to Utilize Human Resource Public Relations and Reinforce Your Employer Image
Stacey Havel, (April 24th 2008). HR Voice.

An interesting & concise article that gives 6 methods for employers and organizations to enhance their image with potential staff and perhaps clients.

The 6 ways are:

Media Coverage, Corporate Social Responsibility, Relationship Marketing
Workplace Awards, Employer Branding Projects, Training

It's really not enough to just use the PR Spin Machine though, as a recent article in the
Canadian Centre for Policy Alternatives Monitor points out, if companies and corporations are jumping on the "corporate responsibility" bandwagon and their commitment is hollow, entirely self-serving and simply spin, this can create a backlash against the company, tarnishing its' image, both amongst it's current employees and those it may be trying to recruit, as well as clients, or potential clients. Younger generations are much more savvy to media spin, much more cynical and as some of the comments for certain employers on Rate My Employer suggest, if real corporate life doesn't live up to the hype about values of the organization, younger workers and others will simply take what they can get and plan their exit strategy taking whatever experience and training they've been able to obtain from the organization and go somewhere else. And, as other comments on the site make clear, these critical, and/or beleagured employees will tell anyone who will listen about a crappy employer, especially if they were bought and sold spin and then feel betrayed by reality. That will not enhance an organizations image to current, or future employees. And, as many of us know, with the changes in the labour market, the ability to recruit and retain staff is truly going to become a matter of life, or death for many organizations.

Reference

Worth, J. (March 2008). Corporate Responsibility hides corporate irresponsibility.
The CCPA Monitor, 14 (9), 8-10.

Wednesday, April 16, 2008

Labour News

Unionized workers at Save-On-Foods and Overwaitea Stores voted over 94 percent in favour of strike action. These are members of the United Food and Commerical Workers Union (UFCW Local 1518). The union says wages and pensions are major issues and workers aren't willing to accept roll-back demands. On April 8th UFCW workers at Safeway Stores voted 99 percent in favour of a strike. Negotiations continue.

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HEU happy with latest Bill 29 moves 4/15/2008. CKNW The Provincial Government has moved to make its controversial Bill 29 legal once again. That Bill allowed the Liberals to privatize thousands of health care support jobs without the consent of health unions. Health Minister George Abbott, "The net effect is, those portions of Bill 29 and Bill 94, which the Supreme Court frowned upon, have been essentially removed from those Statutes." The Hospital Employees Union says nine-thousand workers lost their jobs as a result of Bill 29, and calls today's Bill a vindication.

Background

On January 28, 2002 Bill 29 was passed by the B.C. legislature. B.C.’s health unions challenged the constitutionality of the legislation in a five-year court battle.

9,000 workers lost their jobs and more than $750 million in health services were privatized.

On June 8, 2007 The Supreme Court of Canada handed down its’ ruling and gave the B.C. government one-year to deal with the repercussions.
The BC government agreed on a $75 million settlement package reached with the multi-union Facilities Bargaining Association (representing 40,000 workers in B.C. hospitals and long-term care facilities). This includes a $70 million compensation and training package for workers impacted by Bill 29.

Tuesday, April 15, 2008

Housing & Homelessness in BC

Metro Vancouver Homeless Count 2008

More than 600 volunteers helped conduct the 2008 regional homeless count, which found 2,592 people living without homes in Metro Vancouver. It was found that street homelessness rose in every community within the region, with Vancouver and Surrey bearing the biggest numbers and burden of trying to provide services. The numbers are quite likely a lot lower, as individuals who were couch surfing, or in hard to reach places were not counted. The count also found that the number of people without a home in Vancouver increased by 19 percent since 2005.

Housing & Support for Adults with Severe Addictions and/or Mental Illness in British Columbia a research study was released by researchers from Simon Fraser University, University of BC and University of Calgary in January 2008. The researchers used a number of different reports, statistical information and other sources to estimate that there are between 8,000 and 15,500 individuals who are "absolutely homeless," meaning they are living on the streets, couch surfing or otherwise without shelter. The report states that in BC, there are approximately 130,000 adults with severe addictions and/or mental illnesses and about 39,000 are "inadequately housed” which means their core housing needs are not being met. The issues and impacts are experienced in urban, suburban and rural areas around BC. The fastest rising at-risk groups are women, youth and refugees.

For more information see:
Metro Vancouver Regional Steering Committee on Homelessness.

UBC students set to highlight Vancouver housing problems to UN. Georgia Straight.

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Complaint to the United Nations Human Rights Council About Homelessness

A collaboration of parties including Michael Byers, a University of British Columbia professor, and two of his students, Mike Powar and Gayle Stewart, initiated the complaint with Pivot Legal Society, the Carnegie Community Action Project and Impact on Communities Coalition joining in to file a complaint with the UN Human Rights Council over housing impacts of the 2010 Olympics. They claim the Canadian government has failed to protect low-income tenants on the downtown eastside. They are failing to ensure minimum health and safety standards in single-room-occupancy buildings (SRO’s) and failing to provide police protection for tenants who are illegally evicted. They say Canada is breaching its’ commitment to UN protocol agreements on human rights to adequate housing.

Since 2003, more than 1,300 single-resident rooms in the Downtown Eastside have been closed since the Games were awarded to Vancouver. Community workers, activists and members fear there will be many more people evicted, often becoming homeless as the province leads up to the Olympics. In October 2007 the Miloon Kothari, the UN Special Rapporteur for Housing came to view the devastation of the Downtown Eastside . He reported “On this mission, I heard of hundreds of people who have died as a result of Canada’s nationwide housing crisis,” Kothari stated in his preliminary report. “In its most recent periodic review of Canada’s compliance with the International Covenant on Economic, Social, and Cultural Rights, the United Nations used strong language to label housing and homelessness and inadequate housing as a ‘national emergency’.”

Monday, April 14, 2008

Civic Politics: Mayor's Race in Vancouver Heating Up, But Where's the Diversity?

Monte Paulson has written an interesting series of articles about the race for the Mayor’s Chair in Vancouver. No matter what side of the political spectrum you sit on, there is no doubt this is a crucial election, taking us into the Olympics, a provincial and federal election. A lot can happen up to the November municipal elections. My hope and dream is that around the province more citizens get politically active, a more diverse range. How could I write this without commenting that it’s still so obvious from this race that politics is seriously lacking in diversity and choices. We need to mix things up, these kind of ratios don’t reflect our gender, ethno-cultural or age diversity, which translates into policy and services that don’t reflect the needs of the community as well. It will be interesting to see what candidates come out of party nomination meetings, people have to get involved.

I’m throwing down the gauntlet, I challenge people to jump into the game, shake things up, learn some stuff and help elect people who have a real record of community service and commitment. Candidates who have demonstrated by their actions that they are accountable, dedicated and responsible people. I don’t know about you, but I see quite a few things that require improvements, solutions, change and growth. I’m not falsely idealistic, it’s time for Change and we can all be Catalysts to bring that Change to fruition.
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Vision's Three Would-Be Kings: Vying to run for mayor are a mixed bunch with diverse slices of Vancouver. (April 3, 2008).
COPE's Cadman 'Likely' to Run for Mayor: Predicts split left will hand Sullivan another term. (April 2, 2008).
Ladner Takes On Sullivan: Mayor Sam changed the game. Now everyone wants to play. (April 14, 2008).

By Monte Paulsen (Published: April 14, 2008). The Tyee.ca

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2008 Women's Campaign School - A non-partisan collaboration between women in politics, aimed at increasing the numbers of women involved in public life. The school takes place in Vancouver, BC and offers a unique opportunity for women to be mentored on political strategy and the bloodsport, er game, of politics.

Coalition of Progressive Electors (COPE)

Non-Partisan Association (NPA)

Vision Vancouver

Welcome

Greetings,

Welcome to the official blog of Catalyst Enterprises BC (CEBC).

Catalyst: A definition:

1 : a substance that enables a chemical reaction to proceed at a usually faster rate or under different conditions (as at a lower temperature) than otherwise possible

2 : an agent that provokes or speeds significant change or action

Merriam-Webster Online Dictionary

On our blog you'll find news, information, resources and other materials that give you a window into community and public affairs and issues in BC.

Feel free to distribute our blog and to make comments.

Tracey Young, BA CYC, MSW
CEO - Catalyst Enterprises BC

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You must be the change you want to see in the world.

Mahatma Gandhi - Indian political and spiritual leader (1869 - 1948)