You are on page 1of 21

This website is

designed to help you


understand the laws
that impact
Human Services.
An Act is a specific set of laws that
is written down in a formal legal
document. The word Act refers to
how laws are made.
Do you wonder...
Human services refer to
Why Acts are important? organizations that provide direct
How Acts benefit society? people related services to
individuals, groups or
What powers Acts have? communities.

What an Act is?? If you don’t know anything about


how the legal system in BC works,
... then you are in the right place. here is a great website with a
video to get you started! This
website will teach you what
There are 19 Acts related to human services words like Provincial Court,
that may influence your life at any time. Did Family Court, and Supreme Court
refer to.
you know that people’s basic rights are
protected by an Act? If you or someone you
know got a divorce, if you have special needs,
or if you have been adopted, a legal Act has
affected your life.
Have fun exploring. The
words in bold are
defined in the blue
margins. Click the CLICK HERE for If you are really confused
pictures on each the list of sometimes it is best to get
19 Humans some help. The following
page to see the
pages have links that direct
Acts in Service Acts you to places websites or
agencies that can help you.
action!
Curious yet?

Just plain
19 Humans Service Acts confused?

That’s OK!
1. Family Relations Act
2. Divorce Act Here is the list of the
3. Marriage Act Acts that are related
4. Freedom of information and Protection of to Human Services.
Privacy Act These are not all of
5. Residential Tenancy Act the Acts in Canada,
6. Community Living Authority Act or even in B.C.
7. Employment and Assistance Act
8. Representative for Children and Youth Act You can click on
9. Charter of Rights and Freedoms each Act to find out
10. UN Convention of the Rights of the Child what it is all about.
11. Adoption Act
12. Hague Convention on Adoption of Don’t forget to click
Children on the pictures to
13. Safe Streets Act see the Acts in
14. Mental Health Act action!
15. Criminal Code of Canada
16. Youth Criminal Justice Act
17. School Act
18. Immigration and Refugee Protection Act
19. Child, Family and Community Services Act
CLICK THE PICTURE
Here is a case from the news. This
mom wanted to move to an island
to live with her children. But the
courts said no because they
thought it was important for the
Family Relations Act family to stay close to the dad too.
What do you think?

The Family Relations Act is a statute passed by the BC


government. This Act covers family details, specifically for the
end of relationships. It includes issues involving custody,
guardianship, access and child support.
Plus, this huge Act also deals with division of property,
restraining orders, orders preventing disposition of assets, and
orders for the exclusive occupation of the family home.

These cases are heard in the Provincial Court of British Columbia.


Statute is a rule or a law.
You may hear this being called Family Court. Property division
issues under the Family Relations Act are heard by the Supreme
Custody means which parent(s) has
Court of British Columbia. If you missed the link to learn about decision-making authority in regards
the courts, click here. to a child.

An important part of this Act is that it offers the option of A guardian is a person who has the
settling arguments with the help of the legal system. This legal duty to care for someone.
ensures stability for children and the parents in the long run. Sometimes this is a social worker.
Children’s rights are always paramount when dealing with
separation issues. Access refers to the legal rights or
permission that someone has to
something or someone else.
Sadly it can take a year or longer to settle disputes through the
court system! It is also an expensive way to solve problems.
Child support is money that is paid
Settlements go smoother if they are worked out between the from one parent to another that helps
people involved or with the help of mediators. children get their needs met.

With the Divorce Act being covered in the Federal courts, Restraining orders are legal orders
individuals may end up with cases in more than one court that are issued when a court believes
system. one person may cause injury to
another person and/or to members of
Finding community supports can help someone work through the family.
this process. Here are some websites that can help you if you or
Disposition means the final
someone you know needs help with the Family Relations Act.
settlement of a matter. Assets are
Just click the pics.
things that are worth something in
monetary terms.

Paramount is a fancy word that


means the most important. It is used
in legal terms a lot.

Mediators are people that are trained


to help others explore solutions that
Click here to go back to the Law Index may solve their problems.
Divorce can be hard on every
family member. Although the
legal details are important,
sometimes getting help with your
feelings is equally important. Lots
of supports exist for families in
Divorce Act BC. Many of them are free too!

Avril Lavigine, a famous Canadian


The Divorce Act is legislated across Canada by the Federal singer, filed for divorce this year. She
Government. This Act has the power to legally end a marriage. used the legal term irreconcilable
The breakdown of a relationship can happen for lots of reasons. differences as the reason for her
Sometimes people hurt other people and often people are just divorce. This basically means that a
not happy together anymore. The Divorce Act will help sort out marriage is at the point where at least
the legal details like spousal support and child support too. one person feels like the problems
can’t be fixed.
The benefit of this Act is that people who are not getting along Can you think of any problems you
do not need to take care of the details by themselves. Getting could not fix? What helped? Click the
pic.
married is a legal process and it needs to end with paperwork
too.

Divorces are expensive and can also take a long time to be heard
in court. You have to live in the province for a year to take your
case to court.

Sometimes when people want to get a divorce they don’t know


what to do and may even be scared of what the other person will
do or think. Community agencies can support clients who are
seeking a divorce and guide them through the legal paperwork.
When someone’s safety is a concern other resources may be
needed like Transition Houses.

Here are some community agencies that can help people when Legislation is another word that
they are thinking of getting a divorce. The Transition House link refers to laws. It refers to the actual
will help you understand what they are and what they do, just in process of making the laws.
case you or anyone you love is afraid of being hurt.
Federal Government is the
Just click the pics. government of Canada, rather than
just BC.

Being heard in court is the official


term for the court case. When the
parties come together and all the
Island Family
facts are presented, the case is being
Counselling
Center ‘heard’ by a judge.

Transition Houses are places where


women and their children can live for
a while if they are worried about
being hurt or abused.

Click here to go back to the Law Index


Getting married is an exciting
time, but it can be confusing too.
Make sure you know what you
need to do.

Here is a list of marriage


Marriage Act commissioners in Victoria, just in case
you are ready for this legal process.
Click the pic.
It may seem weird to have a law that covers getting married. This
BC Act defines who can get married and how that marriage is
made official, or legal. Only registered religious representatives
and marriage commissioners can perform marriage ceremonies.
All marriages must have two or more witnesses and the marriage
must be public. Funnily enough, both people who are getting
married must be present too!

Everyone who gets married in BC, except in very rare cases, has
to be at least 16. Anyone under 19 who wants to get married
must get permission from his or her parents or guardians.
This act is important because it benefits those wishing to be A Registered religious representative
married. Marriage comes with legal rights, benefits and is a person who belongs to and
obligations for both people. Plus it protects people who may be represents a religious organization
too young or vulnerable to get married. like a minister or a priest.

Marriage commissioners are people


On July 20, 2005, Canada became the fourth country in the world
who are officially empowered by law
to legalize same-sex marriage across the country! While you may to perform civil marriages and civil
or may not agree with this decision, not allowing people to get unions in Canada.
married was determined to be unconstitutional by the Supreme
Court of Canada. This means that people’s rights come before A guardian is a person who has the
people’s opinions in Canada. legal duty to care for someone.
Sometimes this is a social worker.
Getting married may not be as easy as you think. Yes, it is
another legal process that can be confusing because there are Same-sex marriage defines two
rules that you may not know or understand. Here are some people of the same sex who choose
websites to help guide you on your way. (At this point you may to live together as a family.
want to run away too.)

How to get Same sex


married in BC marriage
information

Click here to go back to the Law Index


Knowledge is Power!

Under this Act people have the right


to
- request access to records held by
public bodies
Freedom of information and - request the correction of your
personal information
Protection of Privacy Act - ensure that your personal
information is collected, used,
disclosed according to legal
The Freedom of Information and Protection of Privacy Act (from standards
now on we’ll just write FOIPPA) allows individuals to access - ask for a review to investigate
information held by public bodies and determines how public decisions by public bodies about
bodies may collect, use and disclose personal information. privacy or access to records
FOIPPA protects your information and privacy rights in B.C.

Many provincial government ministries and other public bodies The Office of the Information and
or organizations have information about you. Public bodies Privacy Commissioner is independent
include provincial government ministries, local municipalities, from government and monitors and
schools and school boards, hospitals and health authorities, local enforces British Columbia's Freedom
police forces, colleges and universities, and self-governing of Information and Protection of
Privacy Act.
bodies.

It is important to know that FOIPPA does not apply to private


sector organizations in BC, including businesses, non-profits,
landlords or doctors in private practice. Also, federal government
departments and agencies are covered by the federal Privacy Act
and the federal Access to Information Act. Get your official Freedom of
Information Request form here!
This Act benefits people by giving them the right to access
certain information and it protects what info can be collected
and how it can be used. To get this information you need to file a
freedom of information request. Unfortunately, some
information isn’t available.

You may need help in figuring out the application process, to


know what can be applied for, and to help you determine Lately this Act has generated a lot of
whether the information you want is provincial or federal. interest. People want to know things,
Sometimes having this kind of information can really help you especially about the government.
understand why people make the choices they do. How is the government doing? Read
some news stories and decide for
This organization advocates for
open governments and has lots of
yourself.
information to help guide you
through this process FOI failures hurt the public

Province ignoring FOI rules


Here is the government’s
Freedom of Information Freedom of Information a
webpage
Contradiction in Terms

Click here to go back to the Law Index


Renting a place is a big step in life.
Knowing your rights before you rent
may help keep you out of challenging
situations. Not having a safe place to
live can be a tough situation.
Residential Tenancy Act
A landlord is someone that owns and
The Residential Tenancy Act provides landlords and tenants with rents land, buildings, or living units
information and dispute resolution services for people in BC.
A tenant is a person or group that
rents and occupies land, a house, an
This Act outlines the responsibilities of the landlord and tenant.
office
These responsibilities may include cleaning and repairs of the
property, ending an agreement, claims for rent and damages, Here a story about a landlord who may
the duty to take care of the place, the right to have a quiet not be protected by the Act because
home, and locks and access. her tenants were doing illegal things.
Do you think it is fair?
This Act protects renters from unfair practices and unsafe living
situations and protects landlords from challenges presented by
renters. Both parties benefit from this Act because there are
clear rules to settle complaints and problems.

Unfortunately this Act does not apply to all rental


accommodation. There is a big list of situations where renters
are not covered. It is important to know if you are covered
before renting a place. For example, rental pads for mobile These people lived in mobile homes
homes are not covered. and were not covered by the Act. They
spent a lot of time and money fighting
Sadly, this process sometimes takes too long to resolve and the for their rights in court. Sadly, they lost
tenant may have to move before the situation is figured out. the case and their homes.

Community agencies can help you figure out your rights too!
They know what kind of rentals are covered and can save you a
lot of time. They also know your rights and will help you fight for
them. Most importantly, they may be able to help you
communicate more effectively with your landlord, so you don’t
have to use this Act all. What does a safe home mean to you?
Many tenants in BC are reaching out to
Residential Tenancy agencies to
demand the right to smoke free
housing. This is not yet law, but this
can be one way that laws get made! It
will be intersting to follow this
campaign.

This webpage has


information on your
rental rights as well as Here is the government’s
people to call if you need Residential Tenancy
help. Webpage

Click here to go back to the Law Index


People with disabilities are so
important to their families and
communities that there is an
advocate for service quality in BC.
She will help people with disabilities
and their families receive high
quality services.
Community Living Authority Act Call Enquiry BC toll free at 1-800-663-
7867 and ask to be transferred to the
The Community Living Authority Act regulates supports and advocate’s office at 604-775-1238.
services to adults with developmental disabilities and their
A developmental disability is
families in BC. The Act provides community level assistance,
something that interferes with
including independent planning and support, to individuals and growing up and learning things.
families who receive or require community living support.
The government in BC is making a lot
The Act encourages community ideas and solutions to change of financial cuts around the province.
how communities respond to people with a disability. Right now They are cutting services and
this Act is undergoing some confusing changes about who will supports to people with disabilities.
ultimately be in charge of the people who need services. Does this concern you? Here are
some stories to help you decide.
This Act is very important because it protects people who are not
Moms urge Premier to honour
able to take care of themselves without help from others.
promises to BC’s kids
Unfortunately, some people’s needs are not covered by this act
although they are unable to provide for their own needs. Plus, all
the changes in legislation are confusing for people who are trying
to provide services.

Even if you don’t have a disability, it is important to know the Act


and the rights of people with disabilities. Maybe you know
someone in your class or neighborhood that has special needs. Advisors to special-needs families
Some countries leave these individuals to fend for themselves. In getting cut
Canada we believe that they deserve to have freedom,
independence and rights, just like everyone else.

Knowing of the community resources that may be available for


these individuals is important. Sometimes the government does
not have enough money to provide important services like
leisure activities. Volunteering at an agency that supports other
people can be a lot of fun. Some organizations even do activities
like skiing and kayaking. Here are some organizations that help Campbell conceals child
people with disabilities. protection and community living
cuts

Capital Mental Health


Association

Click here to go back to the Law Index


Imagine if you lost your job and had
no money to live on. Would you have
friends or family that could help you
out? What if you were not well and
could not work for a long time? BC
tries to take care of people in need.
What kind of job do you think they
Employment and Assistance Act are doing? Is this Act really helping
people?

The Employment and Assistance Act provides financial assistance Here are some stories about the
and job opportunities to those in need. This means if you don’t Employment and Assistance Act in
have a job, or have a job but make very little money, the Action.
government of BC will help you. This Act protects people who
would otherwise go without food or housing.
Homeless get help to find shelter,
rebuild their lives
This Act decides who is eligible for assistance. Unfortunately, the
money that is offered is not really enough to live on. Sometimes
you even have to pay the money back. People who receive
income assistance live well below the poverty line! The funds are
just supposed to help people out when they are in a crisis
situation. Unfortunately, lots of individuals and families have to
live on this assistance for long periods of time.

Some people also look down on individuals who need this type
of help. You may have heard the words social assistance or B.C. government wants to jail the
homeless
welfare. Those phrases are referring to this kind of support.

Community agencies support and advocate for people who need


financial assistance. The Act can be very confusing and there are
lots of procedures you need to follow to even see a worker, never
mind receiving any money. Some people do not have all the
paperwork that is required to apply for assistance. They can get
help too.
There is a different Act for
Employment and Assistance if you
have a disability. The government
recognizes that not all people can
work, or work full time. Here is a link
for people with disabilities. Don’t
forget mental illnesses count too!

Applying for BC
Employment and
Assistance Website

Click here to go back to the Law Index


The representative’s job is to make
sure these principles are being
followed:

 Children have a right to be


protected and kept safe
Representative for Children and  Families are the best
environment for raising a
Youth Act child
 Parents and extended family
have the primary
This Act with a long name may be important to you. This act is responsibility for a child
used to protect all children, especially those in care. Care usually  Decisions made about a child
means foster care with the Ministry of Children and Families. should include their own
views and input
The Act defines the roles and responsibilities of the
Representative for Children and Youth. Currently the Are your rights being upheld?
representative is Mary Ellen Turpel-Lafond. Children’s rights
include the right to be protected and safe, no matter where they
are living or who they are living with.
The following story may upset you.
(You don’t have to read it!)
Her power includes the responsibility for children and youth
Sometimes children die and it is
across BC that are under the age of 19. She reviews and important to find out why. Hopefully
investigates death and critical injuries of children and youth that fewer children will be harmed or
happen while they are in care. The representative also prepares killed because of this Act.
reports that pressure governments and agencies to change the
way they do things. Boy's death was preventable,
advocate says
Children and youth need to know that someone is on their side.
People who work with children in foster care can make sure that
children and youth know that a representative is on their side
and trying to make the system safer.

The BC representative for Children and Youth is so important


that she even has her own website!

Here is some information about Mary


Ellen Turpel-Lafond:

B.C.’s children's champion

Click here to go back to the Law Index


The Charter protects your freedom
to follow your religion, to have your
beliefs and opinions, to express
yourself, to gather in peaceful
groups and to associate with others.
It also protects the freedom of the
press. In some countries people have
Charter of Rights and Freedoms little or no rights. We are lucky to
live in Canada.
Within the Canadian Constitution, the Charter of Rights and
Freedoms plays an extremely important role. This charter The constitution refers to the laws
that determine the fundamental
defends the principles of freedom and dignity that define us as
political ideas of a government.
Canadians! Plus, the charter has the power to protect and
expand human rights. Here are some stories that document
the Charter of Rights and Freedoms in
The charter protects individual rights by preventing laws that action.
unfairly discriminate or take away human rights. It
acknowledged that everyone regardless of colour, religion, race,
or belief possesses certain fundamental rights that no British Columbia bill may cut off
government can remove without a real reason. You may have welfare for such minor offences as
heard this phrase before: life, liberty and security of persons. shoplifting
This is the Charter of Rights and Freedoms in action!

This Act benefits and protects all individuals. People who are
aware of their rights and freedoms have the opportunity to
defend them. Knowledge is power.

Some areas of the Charter are a little less secure. It tells us that
limits on rights are acceptable only if those limits can be justified
in a "free and democratic society." Plus the Charter has a
“notwithstanding clause." This lets a government override Sign protest planned for Olympic
certain rights. So far it has just been used for setting limits on relay route
issues like who can vote or drive.

Like the other Acts, the Charter can be hard to read and
understand. Many schools are teaching the children about this
set of rights. Other people can help you figure them out too!

Here are some websites that may aid in your understanding of


your basic human right. The first one even has movies to help
you.
Police chief's apology will go a long
way

Click here to go back to the Law Index


The best interests approach
emphasizes the protection and
well-being of children. Every
child needs to feel safe and
protected. Do you?
United Nations Convention of the How is Canada doing when it
Rights of the Child comes to taking care of children?
The United Nations thinks that
Canadian governments can do
UN Convention on the Rights of a Child is a universally agreed on much better. You can read these
set of standards and obligations. It applies to all of Canada as news clips and decide.
well as many other countries in the world. These basic standards
set minimum rights, needs, and freedoms for children. This
convention should be respected by all levels of government. The Canada must do more to help
best interests of the child should always come first. children, UNICEF says

The basic human rights that children everywhere should have


include the right to survival, to develop to the fullest, to be
protected from harm, and to participate fully in family, cultural
and social life. The Convention sets standards in health care,
education, legal and civil matters and social services.

This act is so important that it is even written in child friendly


language so everyone that can read it can understand it. People
who have immigrated to Canada may not be able to read this
document yet. Knowing who can help is still important. It is good
to know your rights so you can ask for what you need and Respecting the rights of children
defend yourself. will pay off

Countries that signed this convention are supposed to be


committed to protecting and ensuring children's rights. They
have also agreed to hold themselves accountable for this
commitment before the international community.
Unfortunately, countries who do not meet these goals receive
few consequences.

Explore your rights!

If you don’t feel safe and


protected, and need someone to
talk to, here is a phone number
and website. It is NEVER ok for
someone to hurt you.

Click here to go back to the Law Index


Many children do not have forever
homes. Some children have complex
needs that make it harder to find
homes. The Dave Thomas
Foundation for Adoption Canada is
dedicated to increasing adoptions for
Adoption Act children in Canada's foster care
system waiting for permanent
homes.
The purpose of this Provincial Act is to provide for new and
permanent family relationships. The child's best interests are Here’s the foundation’s webpage.
always considered first in adoptions.
This Act defines a child as anyone under the age of 19. It also
figures out who the birth mother and father are. It makes sure
that everyone who is involved allows a child to be adopted. If you
are over 12 you have lots of say in where you are going to live
permanently. If you have cultural needs, the courts will do their
best to ensure these needs are met.
Here is a news stories about
The reason for this Act is to ensure that people who want to adopt adoption.
children follow a proper legal process and work with the
government. Canada needs a national children's
commissioner
This Act benefits and protects children and families. Everyone
has a right to be heard and respected in this process. Adoptions
can be hard on every person involved. Careful decisions need to
be made because the hope is that these new families will last for a
lifetime.

With legal Acts, things can get confusing. The best interests of Many aboriginal people in Canada
the child are sometimes hard to figure out. Sometimes many were placed in permanent homes
choices look good. People need to be emotionally and financially with families that are culturally
read to adopt children. Important details like the involvement of different from them. The government
the birth parents need to be provided for. is trying to fix that, but lots of work
still needs to be done.
Government and community agencies help people with this
process. All parents need to know their rights and responsibilities. An aboriginal person is a North
Children need to know their rights too! Children need a lot of American Indian or a member of a
love and care and deserve to live in the best home possible. First Nation, Métis or Inuit.

The 1960’s Scoop: refers to the


adoption of Aboriginal children in
Canada between the years of 1960
and the mid 1980's.

Click here to go back to the Law Index


Each November is Adoption
Awareness Month in BC. Adoption is
an incredible way to build a family. It
is also a time to raise awareness of
the children who are still waiting to
find a forever family.
Hague Convention on Adoption of
Children
In some countries children are less
protected than they are in Canada. A
The Hague Convention on Adoption of Children protects children fear that governments have is that
and families in the international adoption process. Respect for the children will be taken from their
children’s rights needed to be guarded and guaranteed. families and sold. Sometimes families
have no money to raise their children
Best interests of the child are always the most important factor in and people can put pressure on them
an adoption. The best place for a child is with his or her own to give up their children, even though
family whenever possible. Safeguards needed to be put into place they might not want to. Plus, people
to make sure children are not abducted (taken illegally) or sold. In can profit from the sale of children if
order to make sure this happens countries need to communicate things are not regulated.
and cooperate with each other. Only proper agencies can provide
international adoption services. Here is a news story on the issue.

This convention provides clear rules on how a child can be Canada queries China on child-
adopted from another country. It also makes sure no one makes abduction claims
money on the adoption of children. The convention provides safe,
predictable and visible rules for all people involved in the
adoption process.

All countries must make sure that the standards of adoption are
followed. The parents and children also have rights as well. This
act protects children’s rights and benefits them by helping them
find safe and long term homes.

Unfortunately, this can be a complicated system. Different Twins sold over the Internet remain
countries have different values, cultures and procedures to think in care of court
of. Communication can be a barrier if people speak in another
language.

People who want to adopt children from other countries need to


find qualified people that can help them. Potential families need
to know the processes and expenses involved in adopting
internationally. They also need to be informed of the potential
challenges that the children may face.

Click here to go back to the Law Index


Some people who ask for things have
challenging lives and illnesses. While
society tries to meet their needs, this
is not always possible. In Canada we
believe that everyone has rights,
including people who beg for money
Safe Streets Act and other things. This Act tries to
balance the needs of all people.

The Safe Streets Act was created to protect people from Soliciting refers to asking for money
aggressive solicitation. Persistent solicitation may cause undue or other things of value through
fear or concern. For example, people can appear aggressive by verbal or written means, whether or
asking for money when you are at a bank machine or by not anything is given in exchange.
swearing and acting in a threatening way. This Act is provincial
and applies to all of BC.
Some people worry that the Safe
Streets Act impacts only poor people
This act defines unacceptable forms of solicitation. In doing so, and takes away their rights. What do
people who are acting improperly can be given fines or even be you think?
arrested by the police to protect the public.
Legislating poverty in Vancouver:
This Act benefits society by letting people know their rights and The 'Safe Streets Act'
protecting them from situations that may feel threatening. It also
lets people know what they can and cannot do in public.

Unfortunately, the Act does not solve all the problems. People
who are harassing others may be doing so because they have a
mental illness or addiction or they have needs that are being met
by the government. Poor people are at the highest risk of
receiving fines and have no ability to pay them.
Here is an interesting article with
It is important for everyone to know their rights and to protect someone’s opinion about begging on
them. On the other hand, firmly and politely asking people to the streets in New York. Obviously,
stop their behaviour works well much of the time. People who this isn’t just a problem in Canada.
solicit things from the public may need to find another way to
get their needs met. There are many agencies in the area that Riders' Rights, Beggars' Rights
help people who do not have enough money, food or housing.
Knowing about these agencies will give you the opportunity to
pass the information on.

Here is a link to a brochure that outlines the


Safe Streets Act and a community resource agency.

Click here to go back to the Law Index


It is important to know the facts
about mental illness. Many people
are afraid of people who don’t act
like others. The news often
highlights the worst stories about
people with mental illness too!
Mental Health Act
Did you know that people with
mental illnesses are more likely to be
The Mental Health Act ensures that people with mental illness victims of violence than act in violent
who need treatment get are protected when they are not willing ways?
or able to accept help. The Act also contains protections to
ensure that these provisions are applied in a fair and lawful Involuntary means something that is
manner. done against your wishes.

Psychiatric facility is a hospital that


Safeguards for the rights of people involuntarily admitted to a
specializes in the treatment of serious
psychiatric facility include rights notification, medical mental illness
examinations at specified time periods, second medical opinions
on proposed treatment, and access to review panels and the A review panel is a group of people
court. that join together to look at decisions
that have been made and offer their
The Act takes care of many details that are required before opinion.
someone is given treatment. It establishes what facilities can
treat people with mental illnesses, explains who can be treated, Here is a story about cuts for people
and how those patients should be given care. with mental illness.

Police chief: Cuts add to work


This Act protects people with mental illnesses from being
Mental-health services in Victoria
needlessly hospitalized, yet protects them when they need care
reduced
by placing them in facilities designed to provide for their care. It
also protects society from individuals with serious mental
illnesses who are a threat to society.

Unfortunately, this Act follows a medical model of care and


treatment, which means that people are often treated with
medications only, rather than offering other social supports.
Government cutbacks mean more people may end up in crisis
and only receive care when they are really ill, instead of helping This is a story about a police officer
them stay well. who shot a person with a mental
illness. They are trying to figure out if
Understanding mental illness may be complicated but is possible. his actions were OK or not.
People that work in community organizations can learn about
mental illness in order to help people when they need it. A more Officer grilled on testimony
effective approach may be finding resources that help people
with mental illnesses stay well.

Click here to go back to the Law Index


Getting in to trouble with the law
can be a scary and confusing thing.
Remember you still have rights! If
you are a victim of crime, you have
rights too. Everyone is important in
the eyes of justice.
Criminal Code of Canada
An offence is an action that breaks
The Criminal Code of Canada defines most criminal offences in the law. An Offender means the
the country. It also outlines the punishments, or penalties, that person who broke the law.
someone should receive for breaking the law.
The following news story is about a
In Canada people who break the law are also guaranteed many man who should have been in jail.
The legal system protected his rights
human rights. They are believed to be innocent until their case is
and put his family at risk in doing so.
proven by law. These procedural rights are all written down in
the Criminal Code. If you break a law in Canada and are under Oak Bay killer should have been in
the age of 18, the Youth Criminal Justice Act covers your rights. custody, inquest told

This Act gives authorities the right to punish people for their
crimes. It also gives the police the right to arrest and hold you.
Then your case will be heard in a court of law.

This act protects offenders protecting their rights. It also helps


society, by protecting citizens from people who break the law.

The legal system in Canada is overloaded with cases and many


issues take a long time to get to court. The balance between the
right of offenders and the rights of society is tough to establish.
Evidence needs to be collected in a very careful manner or it will
not be allowed to be presented in court as well. Here is a story about a man who was
blamed for a crime he did not do.
Sometimes people make poor choices and end up in trouble with
the law. There are agencies that help people with the law.
'Every day was a battle for him'
Knowing your rights, getting a lawyer and getting other help you
may need is important. Having someone on your side can help
you through a long and confusing legal process.

Here are some places that help people when they are in trouble
with the law.

The Law
Center

Click here to go back to the Law Index


Restorative Justice Agencies provide
other ways for the criminal justice
system to deal with offenders.
Restorative Justice emphasizes the
ways in which crime harms
relationships. With different
Youth Criminal Justice Act methods they try to find ways to
repair the harm done by illegal
actions. Usually they try to get the
The Youth Criminal Justice Act explains what should be done people that were hurt and the
with Canadian youth aged 12 to 17 when they break the law. people that did the crime together to
Young offender’s crimes are defined in the Criminal Code of decide on fair solutions.
Canada, but their punishments are outlined in the Youth Criminal
Justice Act. Unlike the Criminal Code of Canada, the emphasis is Here is the restorative justice website
on crime reduction and rehabilitation. The Act believes young for Victoria BC.
people should be held accountable for their actions but their
punishments should fit their pattern of crimes and be fair to the
individual. The rights of the young person are very important.

The needs of young people are different than adults and people
who work in this system hope that youth can return to their
families and communities, rather than spending time in jail.
Consequences that are meaningful are important. The hope is
that young people can learn from their actions and not stay in Young people’s names can’t be
trouble with the law. published in the news. It is one way
society protects them.
Other options than jail called extra-judicial measures are
important for youth. On the other hand, sometimes a sentence Here is a case where the police are
in a youth facility (jail) is the only way to protect society and looking for someone, but can’t
discourage the young person from continuing with illegal publish his name.
behaviour.
Police locate missing teen
This Act benefits young people by protecting their rights and
offering guidance to help them change their ways. It also
protects society from dangerous young people who break the
law or hurt others.

Young people need even more support than adults when faced
with the law. They need help understanding the legal process
and what could happen to them. Here is a brochure that will help
young people navigate their way through the justice system.
Someone is keeping track of violent
youth crimes.

Teen violence timeline

Click here to go back to the Law Index


“The Ministry of Education is
committed to providing a high
quality education for K-12 students.”

How are you doing in school?


School Act
Fees for school programs have been
The purpose of the School Act is to regulate the design of the BC in the news a lot lately. The School
School System. The details considered in this Act include the Act makes it clear that it is not OK to
rules, regulations, and entitlements regarding students, parents, charge money for standard courses.
teachers, and the BC school system. But what is a standard course? Do
you think every person should be able
A person is entitled to enter an educational program if the to take band? How about hockey
person is of school age, a BC resident, and space and facilities are programs?
available. Parents have the right to be informed about the
student's progress, and to be a member of the parents' advisory
council. School Fees in B.C.

Each school must have a school planning council consisting of


the principal, an elected teacher, and three members of the
parents' advisory council. If the school has grades 10, 11, or 12,
one student of each grade must be on the planning council too.

Student records should be available for the student and the


parents. If decisions made by the school board affect a student’s
education, health or safety the decision can be taken to an
appeal board which will make a final choice on the matter.
Children and Youth that are
The Act benefits young people by providing fair access to homeschooled are also covered by
education. Unfortunately, some services are hard to access, the School Act.
especially if you have extra needs. Sometimes school districts are
too large or too small to serve the needs of all the students in an Traditional Homeschooling
area.

This Act can be confusing. Sometimes getting support will help


people get their needs met. Knowing your rights can be helpful
in any situation.

Most school districts have websites that offer information to


parents and students.

Click here to go back to the Law Index


Canadian Immigration Law and
procedures are complex and
constantly changing. On the other
hand new people in Canada have
said “to immigrate here is an idea
that pleases many people in the
Immigration and Refugee world.”
Protection Act Can you imagine moving to another
country? Maybe you are a Canadian
The Immigration and Refugee Protection Act was designed to immigrant.
regulate immigration to Canada. When new people come to
An immigrant is a person who moves
Canada, the country benefits. The country grows economically
from one country to another with the
and gains a richer cultural base. plan of staying there permanently.

On the other hand laws are required to limit the number of Here is a story about young people
people that can come to Canada to stay permanently and to who were sent to Canada. One man
protect the country from threats. The protection of international felt that he was lucky to have a
justice and security is important for all countries. chance to live here, even though
things didn’t always go well.
Refugees are people who flee their home country to escape
conflict, persecution or natural disaster. Canada wants to offer
protection to these individuals while promoting self sufficiency.
Child's journey to Canada life-
changing opportunity
The government has the ability to choose who can live in the
country.
People coming to Canada fall into these categories:
1. They are related to a Canadian citizen or permanent
resident of Canada.
2. They are chosen because they are able to support
themselves financially in Canada.
3. They are refugees who need support and a safe country.

This Act benefits people who want to move to Canada because


there is a legal process they can follow to enter the country. It Canada produced a new immigrant’s
also helps all Canadians by helping the country grow in new and guide. Some people think it is not
diverse ways. very friendly or welcoming. It is
stirring up lots of news.
Sometimes people who really want to live in Canada can’t move
here because they do not fit into one of the categories of people
that are allowed to enter the country. Politicians should heed immigrants'
guide
At times people sneak into the country. Then they may have to
go to court to face deportation. Agencies exist to help these
people learn their rights and to speak to them in their own
language if that is necessary.

Click here to go back to the Law Index


“We all want to belong and feel
accepted. A sense of belonging is
derived from the close bond of
family.”

Single Parent Resource Center


Child, Family and Community
Services Act
The Child, Family and Community Services Act supports children,
youth and families. The main principal is to protect children from Young Parent Support Network
abuse and neglect. Under this Act, a child’s safety and well-being
is the most important thing. Children have the right to be free
from abuse and neglect and be protected from people who may
harm them. Children should also have a say in big decisions that
will affect their lives.
Surrounded by Cedar
A child’s original family is the preferred place for children to live.
Sometimes a family needs support to take care of their children
properly. Once in a while a child needs to live in another home
for a little while or forever. This Act gives social workers
(sometimes called directors) the right to remove a child from
their home if they think they are in danger. Of course, they have Aboriginal Infant Development
to prove their decision in a court of law. If it is not safe in their Program
home, and a child must live somewhere else, their culture is
important to maintain if possible.

This Act defines what is abuse or neglect and outlines the


procedures for helping children and their families. The
government gives social workers permission to make choices Capital Families Association
that affect children’s lives. Children in foster care have a lot of
rights that need to be protected too!

This Act protects children and helps families get the services they
need. Sadly, there never seems to be enough funding. Most
families only get services when things are not going well at all.
Pacific Center Family Service
There doesn’t seem to ever be enough foster homes for all the Association
children either.

When parents and children are having a hard time it is important


to try to get help before things get really bad. Knowing
community supports can help a family. Being aware of the signs
of abuse can help protect children. Here are some places to And a sad story from the news about
contact if you or your family needs some help. Remember, being a child who didn’t get enough help.
honest is important for people to help you in the best way. Nanaimo Family Deserves Answers in
Child's Death
This issue is SO important that the whole right side of the page is
filled with places that families can find help.

Click here to go back to the Law Index

You might also like