REPORT TO COUNCIL

FAMILY COURT / YOUTH JUSTICE COMMITTEE

FEBRUARY 25, 2004

INFORMATION

1. Annual Report

This annual report covers the period February 2003 to February 2004.

The Vancouver Family Court / Youth Justice Committee is appointed by City Council annually. This role is delegated to Municipalities by the Provincial government. Family Court and Youth Justice Committees' authority and duties are set out in Provincial Legislation. Section 5 of the Provincial Court Act establishes the Family Court Committee. Youth Justice Committees are appointed pursuant to Section 18 of the Youth Criminal Justice Act, which came into force in April 2003.

The Committee reports annually to the Attorney General of British Columbia and to Vancouver City Council regarding its work. Reports are also forwarded to Justice Canada.

Duties

The Committee's duties are to:

In the past year we have seen two laws passed which many say will influence the way youth justice processes will work in this province. One of the elements that have been identified is the `Extrajudicial Measures' component presented in the federal Criminal Youth Justice legislation. We are familiar with many of the terms used for similar processes used in the past. Diversion, Restorative Justice, and Alternative Measures, and other Alternative Justice models have been a part of some of our work and justice models' lexicon for many years.

We are aware that First Nations communities from the Mohawks with their councils, the Prairies Cree and others use of the circle, and the Long House meetings here on the Coast historically have used these processes to have individuals who were thought to have injured the community and other members hear from them, take responsibility for what they'd done and then make amends. To have these processes acknowledged in Canadian law as a key component in addressing youth justice matters is an important step.

(See Appendix A for list of 2003 community and liaison representatives and community members)

Guest Presenters at FCYJ Committee Meetings

Name of Presenters

Subject

Julianna Torjek, Coordinator

Civic Youth Strategy Outreach Team

Alan Markwart, Assistant Deputy Minister, Children and Youth, Mental Health and Justice

Debbie Anderson

Child and Youth Social Planner

Judge Judith Gedye

Nathan Lusignan

Civic Youth Strategy Outreach Team Justice Issues

Nadim Kara

Child and Youth Social Planner

Jamie Lee Hamilton

Prostitute and Trans Activist

Nick Istvanssy, Researcher

Social Planning and Research Council of BC

Dave Park, Chief Economist

Vancouver Board of Trade

Information re CYS Youth Resources and Services Directory

Overview of the new Youth Criminal Justice Act and what it will mean

Discussed the then upcoming review of Civic Youth Strategy's role, and report to Council

The Changing Environment of Youth Justice - the Criminal Youth Justice Act and its implementation

Youth Police Liaison - working with the VPD on youth issues Research on Youth at Risk

Provided an update on the Civic Youth Strategy (CYS) and Council's endorsement of the CYS action plan.

Discussed prostitution in the lower mainland and responded to questions on prostitution and other issues surrounding it in the City of Vancouver. She also shared the document `The Prostitution Reform Act 2003' from New Zealand, with the Committee

Provided an overview of the findings re youth and homelessness contained in SPRC BC's comprehensive report `Regional Homelessness Plan for Greater Vancouver'

Discussed the VBT report on Crime in Vancouver

Significant Activities

The Committee:

(See attached copies of resolutions App. C 1- 6, which were forwarded to and passed at the Provincial FCYJ Conference in October 2003.)

Sherryl Yeager, Bill Walkus, and Sadie Kuehn drafted the resolutions, which were passed by the FCYJ before being forwarded for consideration at the Provincial Conference. The resolutions reflects the outcome of work done by the `Sexual Exploitation and Socio-Economic Conditions of Families' and the `Additions, Youth Drug Court and Drug and Alcohol Preventive Services' sub-committees.

Sub-committees

The Family Court Youth Justice Committee began the process three years ago of using sub-committees and working groups to get work done on important matters identified by the Committee. These sub-committees and working groups met between the regular monthly meetings of the full Committee and reported at them.

At the beginning of the terms of newly appointed Committees, members review the list of pervious sub-committees, the work they've undertaken, and whether they believe that sub-committee and or working groups are the best way to get work done, if there is still interest in the particular area previously worked on, and/or if there are other issues/areas that should be considered. The full Committee then decides the number of areas they want to work on, and prioritises the areas identified. Sub-committees are then identified and individual members identify the subcommittee or subcommittees they will work on. At their first meeting, subcommittees identify their goal and a process for conducting their business. They provide monthly updates at the monthly meetings of the full committee. Subcommittees conduct work on issues for the full committee and does not take the place of or speak for the Committee.

Materials restating these matters and forms to systemize the current process will be considered at the first meeting of the newly appointed FCYJ Committee on February 25th, 2004. (See Appendix B for list of 2003 Subcommittees)

Operational

These items were approved by the Committee:

Significant Topics

* If Council members would like further information on any of these matters, the Committee would be pleased to provide it.

Resolutions Forwarded to Council

a.) Appointments to the Family Court /Youth Justice Committee

On April 22, 2003, City Council approved the following resolution forwarded by Family Court/Youth Justice Committee

b) Request for Council Liaison Appointment

On September 16, 2003, Vancouver City Council approved the following forwarded by the Committee:

Future Directions

The Committee expects to pursue the following issues during its 2004 term, subject to any direction, which Council chooses to provide:

people

There have been a number of changes, which could affect the work of Family Court, Youth Justice and CAP committees in the province. Under the federal youth justice legislation, and with current BC statues, the provincial Attorney General has the authority to allow committees to maintain their current designations, change their designations and/or to expand their roles. The provincial and municipal governments are also faced with the reality that existing Committees need resources to be able to carry-on their voluntary work. With the adoption of the federal Youth Criminal Justice legislation and the provincial Youth Justice Act, Youth Justice and Family Court Committees could be key in building greater understanding; increasing community engagement and involvement; and improving accountabilities, all of which will create more democratic and safer communities.

At present, the Vancouver Committee has representatives from the Ministry of Children and Family Development, the Vancouver Police Department, Vancouver Coastal Health, the Vancouver School Board, the Parks Board, Probation, Jurist, Civic Youth Strategy, Social Planning, as well as the expertise of the community appointees made by Council. In light of the new Federal Youth Criminal Justice Act and the adoption of the Provinces' Youth Justice Act, the Committee has encouraged, and received agreements from their agencies, that the two Vancouver Youth Justice Conferencing Specialists legislated under the Act and representatives of the Native Court Workers Association and Vancouver Aboriginal Transformative Justice Services to provider liaison representation to the 2004 Vancouver FCYJ Committee.

Vancouver Family Court/Youth Justice Committee is not alone in its inclusion of other relevant bodies at its table. With better communications, a few more resources, acknowledgement of their work, and improved visibility, they can be a more affective force in the community.

Recommendations:

Special note

List of some of materials shared with the Committee:

The outgoing Chair extends her thanks to those individuals, who presented before the Committee; those who took part in our public information meeting; and to those individuals such as Tracy Booth, who although they were not members of the Committee, shared their knowledge and expertise to make our work more relevant.

Thank you also to the three Meeting Co-ordinators of the Office of City Clerk, who clerked at regular meetings of the Committee this past year, Barbara Sage, Tina Hildebrandt and Diane Clairmont. And a special thanks to members of the 2003 Committee particularly those who worked on sub-committees, and working groups. They demonstrated a clear understanding of the old adage that `you can choose to be either a part of the problem or part of the solution'.

Signed) "Sadie Kuehn", Past-Chair

(approved by Committee February 24, 2004)

____________________________

CITY MANAGER'S COMMENTS

The City Manager notes that annual reports are intended to be information reports highlighting the achievements of a committee during the past year, and do not usually include recommendations. However, Recommendation A is acceptable, since advisory bodies should regularly review any relevant law and policy changes affecting their mandates and consider what changes, if any, may be required as a result.

The City Manager notes that there have been substantial changes in the role and responsibilities of the Family Court Youth Justice Committee as set out in the federal Youth Criminal Justice Act enacted in 2003. Staff of the Ministry of Attorney General are currently working with staff from the Ministries of Public Safety and Solicitor General, as well as Children and Family Development, to review the roles of all Family Court Committees under the new federal Youth Criminal Justice Act. However, it is possible to state, at this juncture, that the Committee's responsibilities may be increased, and additional resources may be required to implement the legislation. In that light, it would be reasonable to approve Recommendations A, B and C, requesting the senior governments to provide clarification and identify resources. In the interim, Council should request to be kept in the loop during the course of the Attorney General's review.

These changed terms of reference merit a report to Council in their own right, spelling out what they will mean for the City. The changed terms of reference should also be reviewed by the City's Legal Services Department to clarify what is, and what is not, the City's responsibility. The report back on the changed terms of reference should await the outcome of the Attorney General's review, since its conclusions will help to better define the Committee's role and responsibilities.

Finally, the City Manager notes the recent retirement of long-time member Honorée Findlay, who has served the City as a member of this committee for thirteen years. I believe this record was exceeded only by the late Dr. Sydney Segal, who served for fourteen years, also on the Family Court Youth Justice Committee. Ms. Findlay is to be congratulated on her commitment to the needs of families, children, and young offenders.

The City Manager RECOMMENDS that Recommendations A, B and C be approved. The City Manager further RECOMMENDS

APPENDIX A

Members of the 2002-03 Committee

Community members:

Franca Bassanes

Roberta Bradbury

Gawain Chan

Larry Cohen

Anne Derek

Darryl Flasch (left Committee for out of town work)

Charlotte Gottschau

Rania Hatzioannou (left Committee because of other commitments)

Karin Hartner

Heather Johnson

Philip Law

Jennifer McNeil (was not able to make meetings

Marlene Morgan (left the Committee because of work commitments)

Alvin Singh (left the Committee because of other commitments)

Frank Tester

Andy Thompson

Bill Walkus

Cherie Williams

Sherryl Yeager

Liaison Representatives:

Sergeant Garry Lester

School Unit Liaison Vancouver Police Department

Commissioner

Lyndsay Poaps

Board of Parks and Recreation

City Staff

  

Jeff Brooks

Director Social Planning

Community Service Group

Jamie Graham

Chief Constable

Vancouver Police Department

Greg Eng

Recreation Manager

East Van District

Park Board

Coralys Cuthbert

Social Planner

Community Service Group

Julianna Torjek

Civic Youth Strategy Youth Outreach Team Coordinator

Social Planning

Debbie Anderson

Child & Youth Planner

Social Planning

Inspector Ken Frail

Inspector #367 - i/c DEEP on loan D.2

Nathan Lusignan

Civic Youth Strategy

Ian Mass

Executive Director, Advocacy

Office of Children and Youth

Box 6

600 - 595 Howe Street

Vancouver, BC V6C 2T5

Michael White

Youth Services Manger

550 Cambie Street

Vancouver, BC V6B 2N7

Judge Judy Gedye

Judges' Chambers

200 - East 23rd Street

North Vancouver, BC V7L 4R4

Family Court/ Youth Justice Committee Members 2004

Community members:

Catherine Adair

Aharon Arnstein

Roberta Bradbury

Diane Bryden

Anne Derek

Charlotte Gottschau

Nichola Hall

Karin Hartner

Rosalind Kellett

Norm Larkins

Eileen LeGallais

Kent Lui

Christine Marton

Paul Mulangu

Shirley Nelson

Lee Purkin-Simpson

Samarjit

Deborah Sullivan

Frank Tester

Cherie Williams

Margaret Wright

Amy Yiu

Vancouver Family Court/Youth Justice Committee

Sub-committees

The Alternative Models, Diversion and

Restorative Justice

Subcommittee

The Addictions, Youth Drug Court

and Drug and Alcohol Preventative

Services Subcommittee

The Child Sexual Exploitation and Socio-Economic Condition of Families Subcommittee

Roberta Bradbury

Gawain Chan

Charlotte Gottschau

Karin Hartner

Heather Johnson

Frank Tester

Cherie Williams

Larry Cohen

Philip Law

Sadie Kuehn

Sherryl Yeager

Andy Thomson

Franka Bassanese

Anne Derek

Honoree Findlay

Sadie Kuehn

Marlena Morgan (resigned in September because of work)

Gawain Chan

Rania Hatzioannou (stop attending meetings because of personal reasons in

July)

APPENDIX C 1

Resolution For the 2003 Family Court Youth Justice Annual Conference

New Westminster, British Columbia

October 26, 2003

Submitted by: The Vancouver Family Court Youth Justice Committee

Rationale: The Over representation of Aboriginal people in the child welfare system

And Whereas: Aboriginal families continue to be disproportionately represented in the child welfare system as a direct result of the residential school legacy and other forced assimilation policies.

And Whereas: Aboriginal people have the inherent right to self-government as affirmed by 5.35 of the Canadian Charter of Rights and Freedoms.

Resolution: Start an Aboriginal Child Welfare Provincial Court

Therefore Be It Resolved: That Family Court Youth Justice Committees in British Columbia support Aboriginal groups in the establishment of an Aboriginal child welfare provincial court that will oversee the welfare of Aboriginal children and their families, and

Be It Further Resolved: That governments provide funds to train, educate, communicate, establish, build, legislate, and undertake whatever is necessary to prevent Aboriginal children and their families from being separated.

APPENDIX C 2

Resolution For the 2003 Family Court Youth Justice Annual Conference

New Westminster, British Columbia

October 26, 2003

Submitted by: Vancouver Family Court Youth Justice Committee

Rationale: Child Poverty is destructive to Canadian Society

And Whereas: More than 132,000 of British Columbia's children, 1in 5 and almost three time entire population of New Westminster live in poverty.

And Whereas: Two thirds of this number resides in single parent households, many of which receive no support from the absent parent.

And Whereas: Many of these children continue to fall between the cracks with the current legal, financial, and social measure now in place.

And whereas: Canada is a signatory to United Nations Convention on the Rights of the Child, which includes Article 27 (1)... " the right of every child to a stander of living adequate for the child's physical, mental, spiritual, moral, and social development." (3)... "shall take appropriate measures to assist parents and others responsible for the child to implement this right and in the case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing, and housing." And in 1989 the Canadian government made the commitment to end child poverty in Canada by the year 2000.

Resolution: That Canada undertakes concrete measures to ending Child Poverty.

Therefore Be It Resolved: That the government Canada undertakes to end child poverty in Canada by 2006 the last year in the United Nation's "Decade for the Eradication of Poverty". That this undertaking be done in a comprehensive and non- stigmatic manner.

APPENDIX C 3

Resolution For the 2003 Family Court Youth Justice Annual Conference

New Westminster, British Columbia

October 26, 2003

Submitted by: Vancouver Family Court Youth Justice Committee

Rationale: Child prostitution is the sexual abuse of a child

And whereas: Article 34 of the United Nations Convention on the Rights of the Child states participating countries shall: "...undertake to protect the child from all forms of sexual exploitation and sexual abuse. For these purposes, (participating countries) shall in particular take all appropriate national, bilateral and multilateral measures to prevent:

(a) The inducement or coercion of a child to engage in any unlawful sexual activity;

(b) The exploitative use of children in prostitution or other unlawful sexual practices;

(c) The exploitative use of children in pornographic performances and materials.

And whereas: There are a significant number of youth involved in the sex trade in the Lower Mainland and other parts of the Province,

And whereas: The reasons for children becoming involved in the sex trade are multi-factorial;

Resolution: That a coordinated, multi-disciplinary, multi-lateral approach be developed to combat child sexual abuse through prostitution

Therefore Be It Resolved: Therefore Be It Resolved: That Family Court Youth Justice Committees continue its work with current task forces and other groups working to ending child prostitution, and assist in the creation of a co-coordinated, targeted approach to combat it, and support a province-wide network that incorporates youth, schools, parents, educators, police, social services, drug and alcohol counselors, and the Crown, which would focus on the education of youth, and the criminal prosecution of those who are involved in this form of sexual abuse against children.

APPENDIX C 4

Resolution For the 2003 Family Court Youth Justice Annual Conference

New Westminster, British Columbia

October 26, 2003

Submitted by: Vancouver Family Court Youth Justice Committee

Rationale: Ending the Trafficking of Children to and in Canada and Providing Protection

And whereas: The trafficking of children in Canada has been identified and is a major phenomenon much of which is controlled by organized crime for the purposes of prostitution

And whereas: The trafficking of children to and in Canada has been acknowledged by the Canadian Government and NGO's internationally as well as by local organizations and police.

And whereas: Canada is a signatory to Article 24 of the Convention, which "requires States Parties to adopt appropriate measures to protect witnesses from potential intimidation or retaliation. This includes physical protection, relocation, and within legal constraints, concealment of identities. It may also mean the ... " international relocations of witnesses where appropriate". And Article 25 that "provides for the protection and support of victims (who will also usually be witnesses under Art. 24)."

And whereas: Canada has indicated its support for the "Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which is a supplement to the United Nations Convention Against Transnational Organized Crime

And whereas: it is also a signatory to the United Nations Convention on the Rights of the Child specifically Article 35, which states "States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the... traffic in children for any purpose or in any form."

Resolution: That Canada undertakes a coordinated, inter-disciplinary, multi-lateral national and transnational approach to end the trafficking of children.

Therefore Be It Resolved: That the government of Canada ensures that the new Criminal Code includes language that addresses the trafficking in children. And that Family Court Youth Justice Committees work with all levels of government, youth organizations, other NGO's, the Bar, the police and others, in arriving at effective methods for ending the trafficking of children and for monitoring them.

APPENDIX C 5

Resolution For the 2003 Family Court Youth Justice Annual Conference

New Westminster, British Columbia

October 26, 2003

Submitted by: Vancouver Family Court Youth Justice Committee

Rationale: Homelessness has reached epidemic proportions in British Columbia and other parts of Canada.

And Whereas: Canada has seen a loss of low cost housing, which includes rental accommodation and houses, and has more and more people living on its streets over the last two decades.

And Whereas: Through government action and/or inaction at both the federal and provincial levels, we know that more individuals and families are finding it harder and harder to attain and maintain adequate housing. And that for many of those who have housing, maintaining a roof over their heads means that they and their families go without food, clothing, heat and other basics

And Whereas: Homelessness and the lack of affordable housing for children, youth, their families and others in our communities, affects the health and quality of life of Canadian society.

Resolution: That the federal government take specific actions to improving the availability of affordable housing for Canadians.

Therefore Be It Resolved: That the federal government with its provincial, municipal and NGO partners, take immediate and meaningful action to ensure that low income Canadians have adequate and affordable housing. And that particular attention to be paid to the housing needs of children, youth, and families including immigrants, those with disabilities, and those with mental illness. That an annual report on the progress of this initiative be issued to the public through the popular media.

Resolution For the 2003 Family Court Youth Justice

Annual Conference

New Westminster, British Columbia

October 26, 2003

Submitted by: Vancouver Family Court Youth Justice Committee

Rationale: Youth drug addiction and abuse affects all municipalities

And whereas: Drug courts are proving to be cost effective to the justice system in other jurisdictions - as much as 1/10th to 1/20th of the cost of incarceration,

And whereas: Participants in drug courts have an over 50% lower recidivism rate and graduates are staying clean longer than "regular" attendants at treatment programs,

And whereas: The new Youth Criminal Justice Act provides for extrajudicial measures and promotes non-custodial sentencing,

And whereas: Article 33 of the United Nations Convention on the Rights of the Child directs participating countries shell ..." take all appropriate measures, including legislative, administrative, social and educational measures, to protect children from the illicit use of narcotic drugs and psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the illicit production and trafficking of such substances,"

Resolution: Initiating a Youth Drug Court pilot project shall be a priority

Therefore be it resolved: That Family Court Youth Justice Committees shall work together to lobby the municipal, federal and provincial governments to establish a youth drug court in the Province, on a priority basis.

* * * * *

Comments or questions? Send us e-mail at info@city.vancouver.bc.ca
© 2002 City of Vancouver